# Safety Zone; Patapsco River.
**AGENCY:**
Coast Guard, DHS.
**ACTION:**
Temporary final rule.
**SUMMARY:**
The Coast Guard is establishing a safety zone for certain waters of the Patapsco River, in Baltimore, MD within 2,000 yards around position latitude 39°12.40′ N, longitude 076°31.00 W. The Coast Guard is establishing this safety zone to protect personnel and vessels from possible grounding or allision with a submerged hatch cover from the M/V W SAPPHIRE. Additionally, the safety zone is needed to ensure a safe working environment for the first responders and dive teams from passing traffic. This rule will prohibit persons or vessels from entering this zone unless specifically authorized by the Captain of the Port (COTP) Sector Maryland-National Capital Region (NCR) or a designated representative.
**DATES:**
This rule is effective without actual notice from August 27, 2025 through September 15, 2025. For the purposes of enforcement, actual notice will be used from August 20, 2025, until August 27, 2025.
**ADDRESSES:**
To view documents mentioned in this preamble as being available in the docket, go to *https://www.regulations.gov,* type USCG-2025-0076 in the search box and click “Search.” Next, in the Document Type column, select “Supporting & Related Material.”
**FOR FURTHER INFORMATION CONTACT:**
If you have questions on this rule, call or email LCDR Kate M. Newkirk, Sector Maryland-NCR, Waterways Management Division, U.S. Coast Guard: telephone 410-576-2674, email *[email protected].*
**SUPPLEMENTARY INFORMATION:**
**I. Table of Abbreviations**
CFR Code of Federal Regulations
COTP Captain of the Port, Sector Maryland-National Capital Region
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
**II. Background Information and Regulatory History**
The Coast Guard is establishing a safety zone intended to protect personnel and vessels in these navigable waters from a submerged cargo hatch from the M/V W SAPPHIRE. It is being enforced until the vessel's hatch covers are recovered or the Captain of the Port deems transiting is safe. No vessel or person is permitted to enter the safety zone without obtaining permission from the COTP or a designated representative.
The zone would cover all navigable waters of the Patapsco River for 2,000 yards around position latitude 39°12.40′ N, longitude 076°31.00 W.
The Coast Guard is issuing this temporary rule under the authority in 5 U.S.C. 553(b)(B). This statutory provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable to publish an NPRM without delaying promulgation of the final rule establishing this safety zone past August 20, 2025. Immediate action is needed to protect personnel and vessels from the potential hazards associated with the vessel explosion.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the *Federal Register* . Delaying the effective date of this rule would be impracticable because the rule must be in effect as soon as possible to respond to the potential safety hazards associated with the jettison of a large metal hatch as a result of an explosion on the M/V W SAPPHIRE.
**III. Legal Authority and Need for Rule**
The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port, Sector Maryland-National Capital Region (COTP) has determined that potential hazards are associated with the ships explosion and jettison of a large metal hatch overboard. This rule is needed to protect personnel and vessels in the navigable waters within the safety zone while the submerged hatch is unaccounted for.
**IV. Discussion of the Rule**
This rule establishes a 2,000-yard temporary safety zone around position latitude 39°12.40′ N, longitude 076°31.00 W. The safety zone will cover all navigable waters within the 2,000-yard radius of the last known position of the submerged hatch cover.
The duration of the zone is intended to ensure the safety of vessels and these navigable waters before and during the salvage of the metal hatch. No vessel or person is permitted to enter the safety zone without obtaining permission from the COTP or a designated representative.
**V. Regulatory Analyses**
We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders.
**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. This rule has not been designated a “significant regulatory action,” under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB).
**B. Impact on Small Entities**
The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules not subject to notice and comment. As the Coast Guard has, for good cause, waived the notice and comment requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act's flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person listed in the *FOR FURTHER INFORMATION CONTACT* section.
Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.
**C. Collection of Information**
This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
**D. Federalism and Indian Tribal Governments**
A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132.
Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
**E. Unfunded Mandates Reform Act**
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
**F. Environment**
We have analyzed this rule under Department of Homeland Security Directive 023-01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting 28 total days, that would prohibit entry within a portion of the Potomac River. Normally such actions are categorically excluded from further review under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration supporting this determination will be available in the docket.
**List of Subjects in 33 CFR Part 165**
Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:
**PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS**
**33 CFR Part 165**
1. The authority citation for part 165 continues to read as follows:
**Authority:**
46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.4.
**33 CFR Part 165**
2. Add § 165.T05-0076 to read as follows:
§ 165.T05-0076
(a) *Location.* The following area is a safety zone for all navigable waters of the Patapsco River in 2,000 yards around position latitude 39°12.40′ N, longitude 076°31.00 W. These coordinates are based on datum NAD 83.
(b) *Definitions.* As used in this section—
*Captain of the Port (COTP)* means the Commander, U.S. Coast Guard, Sector Maryland-National Capital Region.
*Designated representative* means any Coast Guard commissioned, warrant, or petty officer, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Maryland-National Capital Region (COTP) in the enforcement of the safety zone.
(c) *Regulations.* (1) Under the general safety zone regulations in subpart C of this part, except for marine equipment, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP, or the COTP's designated representative. If a vessel or person is notified by the COTP, or the COTP's designated representative that they have entered the safety zone without permission, they are required to immediately leave in a safe manner following the directions given.
(2) Mariners requesting to transit any of these safety zone areas must first contact the COTP or their representative. If permission is granted, mariners proceed at their own risk and must strictly observe any, and all instructions provided by the COTP or designated representative to the mariner regarding the conditions of entry to and exit from any area of the safety zone. The COTP or the COTP's representative can be contacted by telephone number 410-576-2693 or on Marine Band Radio VHF-FM channel 16 (156.8 MHz).
(3) The Coast Guard will publish a notice in the Coast Guard District East Local Notice to Mariners and issue marine information broadcasts on VHF-FM marine band radio announcing specific enforcement dates and times.
(d) *Enforcement officials.* The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies.
(e) *Enforcement period.* This section will be enforced from August 20, 2025 through September 15, 2025.
Dated: August 20, 2025.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-National Capital Region.