[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Rules and Regulations]
[Pages 4910-4912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00940]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0897]
RIN 1625-AA00


Safety Zone; Isle of Wight Bay, Ocean City, 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 in Isle of Wight Bay. This action is necessary to 
provide for the safety of personnel and vessels at and immediately 
adjacent to the Harry W. Kelley Memorial (US-50) Bridge during 
submarine electrical cable replacement operations, which will occur 
daily, from 6 a.m. until 10 p.m. on January 27, 2020, through February 
3, 2020. This rule will prohibit 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 without actual notice from January 28, 
2020 through February 3, 2020. For the purposes of enforcement, actual 
notice will be used from January 27, 2020, until January 28, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0897 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 about this 
rulemaking, call or email Petty Officer Courtney Perry, Sector 
Maryland-NCR, Waterways Management Division, U.S. Coast Guard: 
telephone 410-576-2570, 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

[[Page 4911]]

Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Maryland Department of Transportation notified the Coast Guard 
that it will be conducting an installation of submarine cables from 
January 27, 2020, through February 3, 2020, within the navigation 
channel at the Harry W. Kelley Memorial (US-50) Bridge located in Ocean 
City, MD. The installation operations will be conducted at all hours of 
the day throughout this time period. In response, on December 17, 2019, 
the Coast Guard published a notice of proposed rulemaking (NPRM) titled 
Safety Zone; Isle of Wight Bay, Ocean City, MD (84 FR 68858). We stated 
why we issued the NPRM and allowed for commenting on our proposed 
regulatory action. We received no comments during the comment period 
which ended on January 2, 2020.
    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 immediate action is needed to 
mitigate the potential hazards to personnel and vessels navigating 
immediately adjacent to the Harry W. Kelley Memorial (US-50) Bridge 
during this time.

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 COTP Maryland-National Capital 
Region has determined that the potential hazards associated with the 
installation of submarine electrical cables would be a safety concern 
for anyone at and immediately adjacent to the Harry W. Kelley Memorial 
Bridge during these operations. The purpose of this rule is to ensure 
the safety of vessels and the navigable waters in the safety zone 
before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM, which was 
published on December 17, 2019. There are no changes in the regulatory 
text of this rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from January 27, 2020, through 
February 3, 2020, that will be enforced daily from 6 a.m. until 10 p.m. 
The safety zone will cover all navigable waters of the Isle of Wight 
Bay, in Ocean City, MD encompassed by an area connecting the following 
points: Beginning at 38[deg]19'57.2'' N, 075[deg]05'26.0'' W, thence to 
38[deg]19'56.9'' N, 075[deg]05'24.8'' W, thence to 38[deg]19'55.6'' N, 
075[deg]05'25.3'' W, thence to 38[deg]19'55.9'' N, 075[deg]05'26.6'' W, 
and back to the beginning point. The zone is established to ensure the 
safety of vessels and the navigable waters before, during, and after 
the scheduled submarine cable installation. 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, additionally, 
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 the time-of-year of the safety zone. The submarine cable 
installation is being planned during the winter/non-peak season, when 
vessel transit in this area of the channel is unlikely. Vessel traffic 
not required to use the navigation channel will be able to safely 
transit around the safety zone. This safety zone will impact a small 
designated area of the Isle of Wight Bay for approximately 8 days, but 
coincides with the non-peak season for recreational boating.

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 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 this rule will effect 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 the actions of 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

[[Page 4912]]

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 the Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and the Environmental Planning COMDTINST 5090.1 (series), 
which guides 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 does 
not individually or cumulatively have a significant effect on the human 
environment. This rule involves a safety zone lasting approximately 
eight days that would prohibit use of navigable waters at or adjacent 
to the Harry W. Kelley Memorial (US-50) Bridge. 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:

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.T05-0897 to read as follows:


Sec.  165.T05-0897  Safety Zone; Isle of Wight Bay, Ocean City, MD.

    (a) Location. The following area is a safety zone: All navigable 
waters of Isle of Wight Bay, encompassed by a line connecting the 
following points beginning at 38[deg]19'57.2'' N, 075[deg]05'26.0'' W, 
thence to 38[deg]19'56.9'' N, 075[deg]05'24.8'' W, thence to 
38[deg]19'55.6'' N, 075[deg]05'25.3'' W, thence to 38[deg]19'55.9'' N, 
075[deg]05'26.6'' W, and back to the beginning point, located at Ocean 
City, MD. These coordinates are based on 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 
security zone described in paragraph (a) of this section.
    Marine equipment means any vessel, barge or other equipment 
operated by Covington Machine and Welding, Inc. or its subcontractors.
    (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. Except for marine equipment, all 
vessels within this safety zone at the time it is implemented are to 
depart the zone.
    (2) 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.
    (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. This safety zone will be enforced during the 
period described in paragraph (f) of this section. A ``CABLE WORK--
DANGER--STAY AWAY'' sign facing the northern and southern approaches of 
the navigation channel will be posted on the sides of the marine 
equipment on-scene within the location described in paragraph (a) of 
this section.
    (f) Enforcement period. This section will be enforced daily January 
27, 2020, through February 3, 2020, from 6:00 a.m. until 10 p.m.

    Dated: January 16, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-NCR.
[FR Doc. 2020-00940 Filed 1-27-20; 8:45 am]
 BILLING CODE 9110-04-P