82 FR 53438 - Establishment of a Permanent Restricted Area for U.S. Coast Guard Yard, Baltimore, Maryland, in Curtis Creek and Arundel Cove
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers Federal Register Volume 82, Issue 220 (November 16, 2017)
Department of the Army, Corps of Engineers
Federal Register Volume 82, Issue 220 (November 16, 2017)
| Page Range | 53438-53440 | |
| FR Document | 2017-24888 |
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)] [Proposed Rules] [Pages 53438-53440] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24888] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 [COE-2017-0003] Establishment of a Permanent Restricted Area for U.S. Coast Guard Yard, Baltimore, Maryland, in Curtis Creek and Arundel Cove AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Notice of proposed rulemaking and request for comments. ----------------------------------------------------------------------- SUMMARY: The Corps of Engineers is proposing to establish a permanent restricted area for the U. S. Coast Guard in waters of Curtis Creek and Arundel Cove located in Baltimore, Maryland. The establishment of the restricted area is necessary to reflect the current security needs at U. S. Coast Guard Yard (CG Yard), Baltimore, Maryland, including the protection of Coast Guard-wide military assets. The CG Yard is the Coast Guard's only shipyard and its largest industrial facility. It performs major ship, electronics, and heavy weapons overhaul, repair, and manufacture. The CG Yard is also the host command for various Coast Guard commands supporting local and nationwide Coast Guard missions. [[Page 53439]] DATES: Written comments must be submitted on or before December 18, 2017. ADDRESSES: You may submit comments, identified by docket number COE- 2017-0003, by any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Email: [email protected]. Include the docket number, COE-2017-0003, in the subject line of the message. Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-R (David B. Olson), 441 G Street NW., Washington, DC 20314-1000. Hand Delivery/Courier: Due to security requirements, we cannot receive comments by hand delivery or courier. Instructions: Direct your comments to docket number COE-2017-0003. All comments received will be included in the public docket without change and may be made available on-line at http://www.regulations.gov, including any personal information provided, unless the commenter indicates that the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI, or otherwise protected, through regulations.gov or email. The regulations.gov Web site is an anonymous access system, which means we will not know your identity or contact information unless you provide it in the body of your comment. If you send an email directly to the Corps without going through regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, we recommend that you include your name and other contact information in the body of your comment and also include your contact information with any disk or CD- ROM you submit. If we cannot read your comment because of technical difficulties and cannot contact you for clarification, we may not be able to consider your comment. Electronic comments should avoid the use of any special characters, any form of encryption, and be free of any defects or viruses. Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov . All documents in the docket are listed. Although listed in the index, some information is not publicly available, such as CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, Operations and Regulatory Division, Washington, DC at 202-761-4922, or Steve Elinsky, Corps of Engineers, Baltimore District, Regulatory Branch, at 410-962-4503. SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33 U.S.C. 3), the Corps of Engineers is proposing amendments to regulations in 33 CFR part 334 for the establishment of a permanent restricted area in waters of Curtis Creek and Arundel Cove in Baltimore, Maryland. In a memorandum dated November 28, 2016, the U.S. Coast Guard requested that the Corps establish this permanent restricted area. The proposed permanent restricted area is necessary to fulfill the current security needs of the U.S. Coast Guard at this facility. The CG Yard is the U.S. Coast Guard's only shipyard and is its largest industrial facility. The CG Yard is used for major ship, electronics, and heavy weapons overhaul, repair, and manufacture. Procedural Requirements a. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This proposed rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this proposed rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. The Corps has made a determination this proposed rule is not a significant regulatory action. This regulatory action determination is based on the size, duration, and location of the restricted area. The restricted area occupies only a portion of the waterway and a vessel that needs to transit the restricted area may do so if the operator of the vessel obtains permission from the Commanding Officer, U.S. Coast Guard Yard or his/her designated representative. Fishing, crabbing, trawling, net-fishing, and other aquatic activities may also be conducted with prior approval from the Commanding Officer, U.S. Coast Guard Yard or his/her designated representative. b. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Corps certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels that intend to transit the restricted area may be small entities, for the reasons stated in paragraph (a) above this rule would not have a significant economic impact on any vessel owner or operator. In addition, the restricted area is necessary to address the current security needs at CG Yard, Baltimore, Maryland, including the protection of Coast Guard- wide military assets. Small entities can utilize navigable waters outside of the restricted area. Small entities may also transit the restricted area as long as they obtain permission from the Commanding Officer, CG Yard or his/her designated representative. Unless information is obtained to the contrary during the comment period, the Corps expects that the economic impact of the proposed restricted area would have practically no impact on the public, any anticipated navigational hazard or interference with existing waterway traffic. After considering the economic impacts of this restricted area regulation on small entities, I certify that this action will not have a significant impact on a substantial number of small entities. c. Review Under the National Environmental Policy Act Due to the administrative nature of this action and because there is no intended change in the use of the area, the Corps expects that this regulation, if adopted, will not have a significant impact to the quality of the human environment and, therefore, preparation of an environmental impact statement will not be required. An environmental assessment will be prepared after the public notice period is closed and all comments have been received and considered. [[Page 53440]] d. Unfunded Mandates Act This proposed rule does not impose an enforceable duty among the private sector and, therefore, it is not a Federal private sector mandate and it is not subject to the requirements of either Section 202 or Section 205 of the Unfunded Mandates Act. We have also found under Section 203 of the Act, that small governments will not be significantly and uniquely affected by this rulemaking. List of Subjects in 33 CFR Part 334 Danger zones, Marine safety, Navigation (water), Restricted areas, Waterways. For the reasons set out in the preamble, the Corps proposes to amend 33 CFR part 334 as follows: PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS 0 1. The authority citation for 33 CFR Part 334 continues to read as follows: Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 U.S.C. 3). 0 2. Add Sec. 334.145 to read as follows: Sec. 334.145 Curtis Creek and Arundel Cove, U.S. Coast Guard Yard, Baltimore, Maryland; restricted area. (a) The area. The restricted area shall encompass all navigable waters of the United States as defined at 33 CFR part 329, within the area bounded by a line connecting the following coordinates: Commencing from the shoreline at latitude 39[deg]12'05.8'' N., longitude 076[deg]34'28.4'' W.; thence to latitude 39[deg]12'04.8'' N., longitude 076[deg]34'31'' W.; thence to latitude 39[deg]11'5.91'' N., longitude 076[deg]34'28'' W.; thence to latitude 39[deg]11'4.48'' N., longitude 076[deg]34'25'' W.; thence to latitude 39[deg]11'3.36'' N., longitude 076[deg]34'06.9'' W. The datum for these coordinates is NAD-83. (b) The regulation. (1) The restricted area as described in paragraph (a) of this section is only open to government vessels. Government vessels include, but are not limited to, U.S. Coast Guard, U.S. Coast Guard Auxiliary, Department of Defense, National Oceanic and Atmospheric Administration, state and local law enforcement, emergency services and vessels under contract with the U.S. Government. Vessels transiting the restricted area shall proceed across the area by the most direct route and without unnecessary delay. Fishing, crabbing, trawling, net-fishing and other aquatic activities are prohibited without prior approval from the Commanding Officer, U.S. Coast Guard Yard or his/her designated representative. The U.S. Coast Guard will install marker buoys along some or all of the referenced coordinates to demarcate the limits of the restricted area. The Coast Guard will also install warning signs notifying individuals of the restricted area and prohibiting all unauthorized entry into the area will be posted along the property boundary. (2) All persons, vessels and other craft are prohibited from entering, transiting, drifting, dredging or anchoring within the restricted area as described in paragraph (a) of this section without prior approval from the Commanding Officer, U.S. Coast Guard Yard or his/her designated representative. (3) The restrictions described in paragraph (b)(1) of this section are in effect 24 hours a day, 7 days a week. (c) Enforcement. The regulations in this section shall be enforced by the Commanding Officer, U.S. Coast Guard Yard or such agencies as he/she may designate. Dated: November 9, 2017. Thomas P. Smith, Chief, Operations and Regulatory Division, Directorate of Civil Works. [FR Doc. 2017-24888 Filed 11-15-17; 8:45 am] BILLING CODE 3720-58-P
![53438 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Proposed Rules
TABLE 1—ESTIMATED ONE-TIME RECORDKEEPING BURDEN 1
Average
Number of
Number of Total annual burden per
Recommendation records per Total hours
recordkeepers records recordkeeping
recordkeeper (in hours)
Written GRAS panel policy .................................................. 651 1 651 40 26,040
1 There are no capital costs or operating and maintenance costs associated with this collection of information.
TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
Average
Number of
Number of Total annual burden per
Recommendation records per Total hours
recordkeepers records recordkeeping
recordkeeper (in hours)
Application of written GRAS panel policy to GRAS panel
members ........................................................................... 77 6 462 16 7,392
1 There are no capital costs or operating and maintenance costs associated with this collection of information.
TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
Average
Number of
Number of Total annual burden per
Recommendation records per Total hours
recordkeepers records recordkeeping
recordkeeper (in hours)
Information provided by potential GRAS panel members to
the proponents of GRAS conclusions .............................. 462 1 462 4 1,848
1 There are no capital costs or operating and maintenance costs associated with this collection of information.
III. Electronic Access 4. Institute of Medicine (2009). Full Report. DEPARTMENT OF DEFENSE
Conflict of Interest in Medical Research,
Persons with access to the Internet
may obtain the draft guidance at either
Education, and Practice. National Department of the Army, Corps of
Academies Press, 500 5th Street NW., Engineers
http://www.fda.gov/FoodGuidances or
Lockbox 285, Washington, DC 20055.
https://www.regulations.gov. Use the
Available at https://www.nap.edu/ 33 CFR Part 334
FDA Web site listed in the previous catalog/12598/conflict-of-interest-in-
sentence to find the most current medical-research-education-and- [COE–2017–0003]
version of the guidance. practice.
IV. References 5. The National Academies of Sciences, Establishment of a Permanent
Engineering, and Medicine (2003). Restricted Area for U.S. Coast Guard
The following references are on Yard, Baltimore, Maryland, in Curtis
Conflicts of Interest Policy for
display with the Dockets Management Creek and Arundel Cove
Committees Used in the Development of
Staff (see ADDRESSES) and are available
Reports. The National Academies Press,
for viewing by interested persons AGENCY: U.S. Army Corps of Engineers,
500 5th Street NW., Washington, DC
between 9 a.m. and 4 p.m., Monday DoD.
20001. Available at http://
through Friday; they are also available www.nationalacademies.org/coi/. ACTION:Notice of proposed rulemaking
electronically at https:// and request for comments.
www.regulations.gov. FDA has verified Dated: November 13, 2017.
the Web site addresses, as of the date Anna K. Abram, SUMMARY: The Corps of Engineers is
this document publishes in the Federal Deputy Commissioner for Policy, Planning, proposing to establish a permanent
Register, but Web sites are subject to Legislation, and Analysis. restricted area for the U. S. Coast Guard
change over time. [FR Doc. 2017–24845 Filed 11–15–17; 8:45 am]
in waters of Curtis Creek and Arundel
Cove located in Baltimore, Maryland.
1. FDA (2017). GRAS Notices. Available at BILLING CODE 4164–01–P
https://www.accessdata.fda.gov/scripts/
The establishment of the restricted area
fdcc/?set=GRASNotices. is necessary to reflect the current
2. FDA (2017). Current Animal Food GRAS security needs at U. S. Coast Guard Yard
Notices Inventory. Available at https:// (CG Yard), Baltimore, Maryland,
www.fda.gov/AnimalVeterinary/ including the protection of Coast Guard-
Products/AnimalFoodFeeds/ wide military assets. The CG Yard is the
nshattuck on DSK9F9SC42PROD with PROPOSALS
GenerallyRecognizedas Coast Guard’s only shipyard and its
SafeGRASNotifications/ucm243845.htm. largest industrial facility. It performs
3. AIBMR Life Sciences, Inc. (2017). major ship, electronics, and heavy
Independent GRAS (Generally
Recognized As Safe) Conclusion
weapons overhaul, repair, and
Inventory Database. Available at http:// manufacture. The CG Yard is also the
aibmr.com/natural-products-industry- host command for various Coast Guard
compliance-consultation/gras-generally- commands supporting local and
recognized-as-safe-safety-studies/. nationwide Coast Guard missions.
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![53440 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Proposed Rules
d. Unfunded Mandates Act Coast Guard will install marker buoys due to the lack of perimeter fencing or
This proposed rule does not impose along some or all of the referenced physical denial system.
an enforceable duty among the private coordinates to demarcate the limits of DATES: Written comments must be
sector and, therefore, it is not a Federal the restricted area. The Coast Guard will submitted on or before December 18,
private sector mandate and it is not also install warning signs notifying 2017.
subject to the requirements of either individuals of the restricted area and
ADDRESSES: You may submit comments,
Section 202 or Section 205 of the prohibiting all unauthorized entry into
identified by docket number COE–
Unfunded Mandates Act. We have also the area will be posted along the
2017–0007, by any of the following
found under Section 203 of the Act, that property boundary.
methods:
small governments will not be (2) All persons, vessels and other craft
Federal eRulemaking Portal: http://
significantly and uniquely affected by are prohibited from entering, transiting,
www.regulations.gov. Follow the
this rulemaking. drifting, dredging or anchoring within
instructions for submitting comments.
the restricted area as described in Email: david.b.olson@usace.army.mil.
List of Subjects in 33 CFR Part 334 paragraph (a) of this section without Include the docket number COE–2017–
Danger zones, Marine safety, prior approval from the Commanding 0007 in the subject line of the message.
Navigation (water), Restricted areas, Officer, U.S. Coast Guard Yard or his/ Mail: U.S. Army Corps of Engineers,
Waterways. her designated representative. Attn: CECW–CO (David B. Olson), 441
For the reasons set out in the (3) The restrictions described in G Street NW., Washington, DC 20314–
preamble, the Corps proposes to amend paragraph (b)(1) of this section are in 1000.
33 CFR part 334 as follows: effect 24 hours a day, 7 days a week. Hand Delivery/Courier: Due to
(c) Enforcement. The regulations in security requirements, we cannot
PART 334—DANGER ZONE AND this section shall be enforced by the receive comments by hand delivery or
RESTRICTED AREA REGULATIONS Commanding Officer, U.S. Coast Guard courier.
Yard or such agencies as he/she may Instructions: Direct your comments to
■ 1. The authority citation for 33 CFR designate. docket number COE–2017–0007. All
Part 334 continues to read as follows: Dated: November 9, 2017. comments received will be included in
Authority: 40 Stat. 266 (33 U.S.C. 1) and Thomas P. Smith, the public docket without change and
40 Stat. 892 (33 U.S.C. 3). Chief, Operations and Regulatory Division, may be made available on-line at http://
■ 2. Add § 334.145 to read as follows: Directorate of Civil Works. regulations.gov, including any personal
[FR Doc. 2017–24888 Filed 11–15–17; 8:45 am] information provided, unless the
§ 334.145 Curtis Creek and Arundel Cove, BILLING CODE 3720–58–P
commenter indicates that the comment
U.S. Coast Guard Yard, Baltimore, includes information claimed to be
Maryland; restricted area. Confidential Business Information (CBI)
(a) The area. The restricted area shall DEPARTMENT OF DEFENSE or other information whose disclosure is
encompass all navigable waters of the restricted by statute. Do not submit
United States as defined at 33 CFR part Department of the Army, Corps of information that you consider to be CBI,
329, within the area bounded by a line Engineers or otherwise protected, through
connecting the following coordinates: regulations.gov or email. The
Commencing from the shoreline at 33 CFR Part 334 regulations.gov Web site is an
latitude 39°12′05.8″ N., longitude anonymous access system, which means
076°34′28.4″ W.; thence to latitude [COE–2017–0007] we will not know your identity or
39°12′04.8″ N., longitude 076°34′31″ W.; contact information unless you provide
United States Air Force 81st Security
thence to latitude 39°11′5.91″ N., it in the body of your comment. If you
Forces Anti-Terrorism Office,
longitude 076°34′28″ W.; thence to send an email directly to the Corps
Restricted Area, Keesler Air Force
latitude 39°11′4.48″ N., longitude without going through regulations.gov,
Base, Biloxi, Mississippi
076°34′25″ W.; thence to latitude your email address will be
39°11′3.36″ N., longitude 076°34′06.9″ AGENCY: U.S. Army Corps of Engineers, automatically captured and included as
W. The datum for these coordinates is DoD. part of the comment that is placed in the
NAD–83. ACTION:Notice of proposed rulemaking public docket and made available on the
(b) The regulation. (1) The restricted and request for comments. Internet. If you submit an electronic
area as described in paragraph (a) of this comment, we recommend that you
section is only open to government SUMMARY: The U.S. Army Corps of include your name and other contact
vessels. Government vessels include, Engineers (Corps) is proposing to information in the body of your
but are not limited to, U.S. Coast Guard, establish a no anchorage restricted area comment and with any disk or CD–ROM
U.S. Coast Guard Auxiliary, Department within waters along the Back Bay of you submit. If we cannot read your
of Defense, National Oceanic and Biloxi shoreline of the Keesler Air Force comment because of technical
Atmospheric Administration, state and Base (KAFB) located in Biloxi, difficulties and cannot contact you for
local law enforcement, emergency Mississippi, on behalf of a request by clarification, we may not be able to
services and vessels under contract with the United States Air Force (USAF) 81st consider your comment. Electronic
the U.S. Government. Vessels transiting Security Forces Anti-Terrorism Office. comments should avoid the use of any
nshattuck on DSK9F9SC42PROD with PROPOSALS
the restricted area shall proceed across The proposed no anchorage restricted special characters, any form of
the area by the most direct route and area will be established by placing 12 encryption, and be free of any defects or
without unnecessary delay. Fishing, buoys to demarcate the approximately viruses.
crabbing, trawling, net-fishing and other 10,000 feet of shoreline east to west and Docket: For access to the docket to
aquatic activities are prohibited without extend approximately 150 feet from the read background documents or
prior approval from the Commanding shoreline of the base. The proposed comments received, go to
Officer, U.S. Coast Guard Yard or his/ restricted area is essential to address a www.regulations.gov. All documents in
her designated representative. The U.S. major anti-terrorism and safety concern the docket are listed. Although listed in
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Document Created: 2017-11-16 03:53:28
Document Modified: 2017-11-16 03:53:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking and request for comments. | |
| Dates | Written comments must be submitted on or before December 18, 2017. | |
| Contact | Mr. David Olson, Headquarters, Operations and Regulatory Division, Washington, DC at 202-761-4922, or Steve Elinsky, Corps of Engineers, Baltimore District, Regulatory Branch, at 410-962-4503. | |
| FR Citation | 82 FR 53438 | |
| CFR Associated | Danger Zones; Marine Safety; Navigation (water); Restricted Areas and Waterways |
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