[Federal Register Volume 85, Number 9 (Tuesday, January 14, 2020)]
[Rules and Regulations]
[Pages 2031-2033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00280]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0765]
RIN 1625-AA00


Safety Zones; Waterway Training Areas, Captain of the Port 
Maryland-National Capital Region Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing four safety zones for certain 
waters of the Patapsco River, Chesapeake Bay, and Potomac River. This 
action is necessary to provide for the safety of life on these 
navigable waters at Baltimore Harbor Anchorage No. 5, between Belvidere 
Shoal and Kent Island, MD, between Point Lookout, MD, and St. George 
Island, MD, and between Possum Point, VA, and Cockpit Point, VA, during 
non-lethal signaling and warning device training conducted from on 
board U.S. Coast Guard vessels. This regulation prohibits persons and 
vessels from being in the safety zone unless authorized by the Captain 
of the Port Maryland-National Capital Region or a designated 
representative.

DATES: This rule is effective February 13, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0765 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
NM Nautical mile
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    To maintain ports, waterways and coastal security mission 
readiness, Coast Guard personnel within the Maryland-National Capital 
Region COTP Zone must conduct LA51 device training shoreward of the 12 
nautical miles (NM) baseline. To better accommodate this training need, 
the COTP Maryland-National Capital Region determined it must establish 
four LA51 device waterway training areas in the Patapsco River, 
Chesapeake Bay, and Potomac River. In response, on November 29, 2019, 
the Coast Guard published a notice of proposed rulemaking (NPRM) titled 
``Safety Zones; Waterway Training Areas, Captain of the Port Maryland-
National Capital Region Zone'' (84 FR 65730). There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory action 
related to the waterway training areas. During the comment period that 
ended December 30, 2019, we received no comments.

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). The Captain of the Port Maryland-
National Capital Region (COTP) has determined that potential hazards 
associated with the LA51 device training would be a safety concern for 
anyone within the waterway training areas. The purpose of this rule is 
to ensure safety of vessels and the navigable waters within the 
waterway training areas before, during, and after the training events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
November 29, 2019. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes four safety zones for use as waterway 
training areas.
    Waterway training area Alpha includes all waters of the Patapsco 
River encompassed by a line connecting the following points beginning 
at 39[deg]14'07.98'' N, 076[deg]32'58.50'' W; thence to 
39[deg]13'34.98'' N, 076[deg]32'24.00'' W; thence to 39[deg]13'22.50'' 
N, 076[deg]32'28.98'' W; thence to 39[deg]13'21.00'' N, 
076[deg]33'12.00'' W; and back to the beginning point. Waterway 
training area Alpha is located at the entrance to Curtis Bay, in 
Baltimore Harbor Anchorage No. 5, at Baltimore, MD. The safety zone is 
a trapezoid in shape measuring approximately 1,500 yards in length and 
averaging 750 yards in width.
    Waterway training area Bravo includes all waters of the Chesapeake 
Bay encompassed by a line connecting the following points beginning at 
39[deg]05'25.98'' N, 076[deg]20'20.04'' W; thence to 39[deg]04'40.02'' 
N, 076[deg]19'28.98'' W; thence to 39[deg]02'45.00'' N, 
076[deg]22'09.00'' W; thence to 39[deg]03'30.00'' N, 076[deg]23'00.00'' 
W; and back to the beginning point. Waterway training area Bravo is 
located in the approaches to Baltimore Harbor, between Belvidere Shoal 
and Kent Island, MD. The safety zone is a rectangle in shape situated 
along a northeast-southwest axis, measuring approximately 4,500 yards 
in length by 1,500 yards in width.
    Waterway training area Charlie includes all waters of the Potomac 
River encompassed by a line connecting the following points beginning 
at 38[deg]00'28.80'' N, 076[deg]22'43.80'' W; thence to 
38[deg]01'18.00'' N, 076[deg]21'54.00'' W; thence to 38[deg]05'06.00'' 
N, 076[deg]27'43.20'' W; thence to 38[deg]04'40.20'' N, 
076[deg]28'34.20'' W; and back to the beginning point. Waterway 
training area Charlie is located between Point Lookout, MD, and St. 
George Island, MD. The safety zone is a rectangle in shape measuring 
approximately 12,500 yards in length by 1,500 yards in width.
    Waterway training area Delta includes all waters of the Potomac 
River encompassed by a line connecting the following points beginning 
at 38[deg]32'31.14'' N, 077[deg]15'29.82'' W; thence to 
38[deg]32'48.18'' N, 077[deg]15'54.24'' W; thence to 38[deg]33'34.56'' 
N, 077[deg]15'07.20'' W; thence to 38[deg]33'15.06'' N, 
077[deg]14'39.54'' W; and back to the beginning point. Waterway 
training area Delta is located between Possum Point, VA, and Cockpit 
Point, VA. The safety zone is a trapezoid in shape measuring 
approximately 2,000 in length by 1,000 yards in width.
    The duration and enforcement of the zones is intended to ensure the 
safety of vessels and these navigable waters before, during, and after 
these training events. Except for training participants, no vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP Maryland-National Capital Region or a 
designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking.

[[Page 2032]]

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, 
duration, and location of the safety zones. It is anticipated that each 
of these four safety zones will be activated for six separate events 
annually. Although vessel traffic may not be able to safely transit 
around two of these safety zones while being enforced, both of which 
are on the Potomac River, the impact will be for 2 hours or less and 
such vessels will be able to seek permission to enter and transit these 
safety zones by contacting the COTP Maryland-National Capital Region or 
a designated representative by telephone or on VHF-FM channel 16. 
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via 
Marine Band Radio VHF-FM 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 received no comments from the Small Business 
Administration on this rulemaking. 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 
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. If 
you believe this rule has implications for federalism or Indian tribes, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section.

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 four 
safety zones that, when activated, will last 48 enforcement hours 
annually and prohibit entry within portions of the Patapsco River, 
Chesapeake Bay, and Potomac River. 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. 1. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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:

[[Page 2033]]

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.  165.516 to read as follows:


Sec.  165.516   Safety Zones; Waterway Training Areas, Captain of the 
Port Maryland-National Capital Region Zone.

    (a) Regulated areas. The following areas are established as safety 
zones (these coordinates are based on Datum NAD 83):
    (1) Waterway training area Alpha. All waters of the Patapsco River, 
encompassed by a line connecting the following points beginning at 
39[deg]14'07.98'' N, 076[deg]32'58.50'' W; thence to 39[deg]13'34.98'' 
N, 076[deg]32'24.00'' W; thence to 39[deg]13'22.50'' N, 
076[deg]32'28.98'' W; thence to 39[deg]13'21.00'' N, 076[deg]33'12.00'' 
W; and back to the beginning point.
    (2) Waterway training area Bravo. All waters of the Chesapeake Bay, 
encompassed by a line connecting the following points beginning at 
39[deg]05'25.98'' N, 076[deg]20'20.04'' W; thence to 39[deg]04'40.02'' 
N, 076[deg]19'28.98'' W; thence to 39[deg]02'45.00'' N, 
076[deg]22'09.00'' W; thence to 39[deg]03'30.00'' N, 076[deg]23'00.00'' 
W; and back to the beginning point.
    (3) Waterway training area Charlie. All waters of the Potomac 
River, encompassed by a line connecting the following points beginning 
at 38[deg]00'28.80'' N, 076[deg]22'43.80'' W; thence to 
38[deg]01'18.00'' N, 076[deg]21'54.00'' W; thence to 38[deg]05'06.00'' 
N, 076[deg]27'43.20'' W; thence to 38[deg]04'40.20'' N, 
076[deg]28'34.20'' W; and back to the beginning point.
    (4) Waterway training area Delta. All waters of the Potomac River, 
encompassed by a line connecting the following points beginning at 
38[deg]32'31.14'' N, 077[deg]15'29.82'' W; thence to 38[deg]32'48.18'' 
N, 077[deg]15'54.24'' W; thence to 38[deg]33'34.56'' N, 
077[deg]15'07.20'' W; thence to 38[deg]33'15.06'' N, 077[deg]14'39.54'' 
W; and back to the beginning point.
    (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 a Coast Guard commissioned, 
warrant, or petty officer designated by or assisting the COTP in the 
enforcement of the safety zones.
    Training participant means a person or vessel authorized by the 
COTP as participating in the training event or otherwise designated by 
the COTP or the COTP's designated representative as having a function 
tied to the training event.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zones described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) Except for training participants, all vessels underway within 
this safety zone at the time it is activated are to depart the zone. To 
seek permission to enter, contact the COTP or the COTP's designated 
representative by telephone number 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). 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.
    (3) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the safety zone by Federal, State, and local agencies.
    (d) Enforcement. The safety zones created by this section will be 
enforced only upon issuance of a Broadcast Notice to Mariners (BNM) by 
the COTP or the COTP's representative, as well as on-scene notice or 
other appropriate means in accordance with Sec.  165.7.

    Dated: January 7, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2020-00280 Filed 1-13-20; 8:45 am]
BILLING CODE 9110-04-P