[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Rules and Regulations]
[Pages 47880-47882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19647]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0775]
RIN 1625-AA00
Safety Zone for Hurricane Dorian; Coast Guard Maryland-National
Capital Region Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters within the Coast Guard Maryland-National Capital
Region Captain of the Port Zone. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by the possible landfall of Hurricane Dorian. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port Maryland-National Capital Region.
DATES: This rule is effective without actual notice from September 11,
2019 until 5 a.m. on September 12, 2019. For the purposes of
enforcement, actual notice will be used from 5 a.m. on September 6,
2019, until September 11, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
[[Page 47881]]
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0775 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
COTP Captain of the Port
CFR Code of Federal Regulations
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 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 it is impracticable and contrary to
the public interest. Immediate action is required by the Coast Guard
due to the potential safety hazards vessels in these waterways present
to life, property and the environment during a hurricane. We must
establish this safety zone by September 6, 2019, to ensure that the
rule is in place in advance of Hurricane Dorian.
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
because immediate action is needed to restrict vessel traffic to
protect life, property and the environment and respond to the potential
safety hazards associated with the nature and path of Hurricane Dorian.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). Hurricane Dorian continues to track
toward the mid-Atlantic region, with a most probable path inclusive of
the Chesapeake Bay, Maryland. The COTP Maryland-National Capital Region
has determined that potential hazards associated with the destructive
force associated with a hurricane necessitates establishment of a
temporary safety zone to protect the safety of life and property on
navigable waters starting September 6, 2019, will be a safety concern
for anyone within the COTP Maryland-National Capital Region Zone. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone during the
weather event.
IV. Discussion of the Rule
This rule establishes a safety zone from 5 a.m. on September 6,
2019, until 5 a.m. on September 12, 2019, unless sooner terminated by
the Captain of the Port Maryland-National Capital Region. The safety
zone will cover all navigable waters within the COTP Maryland-National
Capital Region Zone, as described in 33 CFR 3.25-15. The duration of
the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters due to the expected impact of
Hurricane Dorian. Except for vessels already at berth, mooring, or
anchor, all vessels underway within this safety zone at the time it is
implemented are to depart the zone. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. To seek permission to enter,
vessels and persons may contact the COTP or the COTP's representative
by telephone number 410-576-2693 or on Marine Band Radio VHF-FM channel
16 (156.8 MHz). 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.
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 duration of
the safety zone. The effect of this regulation will not be significant
due to the limited time that will be regulated (less than a week) and
that vessel traffic will be allowed to transit through the zone once
the hurricane has passed, when it has been determined safe to do so,
and with the permission of the COTP Maryland-National Capital Region.
Moreover, the Coast Guard will issue 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 (Public Law 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
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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. 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 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 that will prohibit entry
within the COTP Maryland-National Capital Region Zone for six days, as
described in 33 CFR 3.25-15, due to the expected impact of Hurricane
Dorian. It is categorically excluded from further review under
paragraph L60(c) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures 5090.1.
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.T05-0775 to read as follows:
Sec. 165.T05-0775 Safety Zone for Hurricane DORIAN; Coast Guard
Maryland-National Capital Region Captain of the Port Zone.
(a) Location. The following area is a safety zone: All navigable
waters of the Coast Guard Captain of the Port Maryland-National Capital
Region Zone, as described in 33 CFR 3.25-1.
(b) Definitions. As used in this section--
Captain of the Port Maryland-National Capital Region 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 (COTP) to assist in the
enforcement of the safety zone.
(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 entering the safety zone
may be boarded and examined by the Coast Guard under existing
regulations, prior to entry, to ensure compliance with the general
safety zone regulations.
(2) Except for vessels already at berth, mooring, or anchor, all
vessels underway within this safety zone on September 6, 2019, are to
depart the zone.
(3) To seek permission to enter, contact the COTP or the COTP's
representative by telephone number 410-576-2693 or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). 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 vessels enforcing this section can be contacted
on Marine Band Radio VHF-FM channel 16 (156.8 MHz). Upon being hailed
by a U.S. Coast Guard vessel, or other Federal, State, or local agency
vessel, by siren, radio, flashing light, or other means, the operator
of a vessel shall proceed as directed.
(5) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the zone by Federal, State, and local agencies.
Dated: September 5, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-19647 Filed 9-10-19; 8:45 am]
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