[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Rules and Regulations]
[Pages 10677-10679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05550]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0167]
RIN 1625-AA00
Safety Zone; Patuxent River, Patuxent River, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Patuxent River. This action is necessary to
provide for the safety of life on these navigable waters of the
Patuxent River at Patuxent River, MD, during salvage operations of the
vessel YP-702 on March 24, 2019 (with alternate of March 25, 2019, or
March 26, 2019). This action prohibits persons and vessels from
entering the safety zone unless authorized by the Captain of the Port
Maryland-National Capital Region or a designated representative.
DATES: This rule is effective from 9 a.m. on March 24, 2019, through 4
p.m. on March 26, 2019. This rule will be enforced from 9 a.m. until 4
p.m. on March 24, 2019, or, in the case of inclement weather, on those
same hours on March 25, 2019, or March 26, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0167 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ron Houck, Sector Maryland-National Capital Region
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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The vessel YP-702, a 108-foot-long vessel with a wooden hull and
aluminum superstructure, took on water
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and sank while anchored outside the channel in the Patuxent River at
Patuxent River, MD. The vessel is presently lying in a sunken condition
resting on the river bottom in 12 to 15 feet of water in approximate
position latitude 38[deg]18'03.96'' N, longitude 076[deg]27'39.90'' W.
Salvage operations will be taking place on March 24, 2019, with
alternate dates of March 25, 2019, or March 26, 2019.
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
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 to do so would be impracticable and
contrary to the public interest. Waiting to return the waterway to
conditions that accommodate the safe, full resumption of boating and
fishing in the immediate area is contrary to the public interest. It is
impracticable to publish an NPRM because recovery assets will be on
scene on or about March 24, 2019, and the safety zone needs to be in
place at that time to protect vessels and persons in the vicinity of
vessel salvage operations.
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 and contrary to the public interest.
Immediate action is needed to protect vessels, equipment and persons
conducting diving and salvage operations of the vessel YP-702, as well
as vessels transiting nearby, from the potential hazards associated
with these operations.
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 Maryland-National Capital Region (COTP)
has determined that potential hazards associated with salvage
operations will be a safety concern for anyone within 100 yards of the
vessel YP-702 salvage operations. This rule is needed to protect
personnel, vessels, equipment, and the marine environment in the
navigable waters within the safety zone while the sunken vessel is
being removed.
IV. Discussion of the Rule
This rule establishes a safety zone to be enforced from 9 a.m. to 4
p.m. on March 24, 2019, or if necessary due to inclement weather, those
same hours on either March 25, 2019, or March 26, 2019. The safety zone
covers all navigable waters of the Patuxent River within 100 yards of
the vessel YP-702 in approximate position latitude 38[deg]18'03.96'' N,
longitude 076[deg]27'39.90'' W, located at Patuxent River, MD. The
duration and enforcement of the zone is intended to protect personnel,
vessels, equipment, and the marine environment in these navigable
waters while the sunken vessel is being removed. No vessel or person
will be 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, and we
discuss First Amendment rights of protestors.
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 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and time-of-year of the safety zone. Vessel traffic will be
able to safely transit around this safety zone which would impact a
small designated area of the Patuxent River for 7 total enforcement
hours, during the month of March when vessel traffic in the Patuxent
River is normally low. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone.
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 Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
contact 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.
[[Page 10679]]
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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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 and Commandant Instruction M16475.1D, 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 to be enforced for only seven hours during the vessel YP-
702 salvage operations that will prohibit entry within 100 yards of
vessels and equipment being used by personnel to remove the sunken
vessel. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T05-0167 to read as follows:
Sec. 165.T05-0167 Safety Zone; Patuxent River, Patuxent River, MD.
(a) Location. The following area is a safety zone: All navigable
waters of the Patuxent River within 100 yards of the vessel YP-702 in
approximate position latitude 38[deg]18'03.96'' N, longitude
076[deg]27'39.90'' W, located at Patuxent River, MD. All coordinates
refer to datum NAD 1983.
(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 who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the safety
zone described in paragraph (a) of this section.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, 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. All vessels underway within this
safety zone at the time it is activated are to depart the zone.
(2) To request permission to enter, contact the COTP or the COTP's
representative by telephone at 410-576-2693 or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz).
(3) Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(4) The Coast Guard will issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 providing updates about the zone.
(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 9 a.m.
until 4 p.m. on March 24, 2019, or if necessary due to inclement
weather, those same hours on either March 25, 2019, or March 26, 2019.
Dated: March 19, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard Captain of the Port Maryland-National Capital
Region.
[FR Doc. 2019-05550 Filed 3-21-19; 8:45 am]
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