[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

[[Page 10678]]

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]
 BILLING CODE 9110-04-P