[Federal Register Volume 85, Number 146 (Wednesday, July 29, 2020)]
[Rules and Regulations]
[Pages 45521-45523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16367]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0444]
RIN 1625-AA87


Security Zone; North Atlantic Ocean, Approaches to Ocean City, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
encompassing certain waters of the North Atlantic Ocean. The security 
zone is necessary to prevent waterside threats before, during, and 
after National Geospatial-Intelligence Agency equipment testing 
conducted offshore near Ocean City, MD. Entry of vessels or persons 
into this zone is prohibited unless specifically authorized by the 
Captain of the Port Maryland-National Capital Region or his designated 
representative.

DATES: This rule is effective without actual notice from July 29, 2020 
through 9:30 p.m. on August 28, 2020. For the purposes of enforcement, 
actual notice will be used from 9 a.m. on July 27, 2020, through July 
29, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0444 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 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 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

[[Page 45522]]

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 would be impracticable and contrary to the public 
interest. The Coast Guard was unable to publish an NPRM and hold a 
comment period for this rulemaking due to the short time period between 
event planners notifying the Coast Guard of the event and required 
publication of this security zone. It is necessary for the Coast Guard 
to establish this security zone by July 27, 2020, in order to ensure 
the appropriate level of waterborne protection for the public, 
mitigation of potential terrorist acts, and enhancing maritime safety 
and security in order to safeguard life, property, and the environment.
    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 
for the same reasons discussed above for forgoing notice and comment.

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 a security zone is needed for waterborne 
protection of the public, mitigation of potential terrorist acts, and 
the enhancing of public and maritime safety and security in order to 
safeguard life, property, and the environment on or near the navigable 
waters near Ocean City, MD.

IV. Discussion of the Rule

    This rule establishes a security zone from 9 a.m. on July 27, 2020, 
through 9:30 p.m. on August 28, 2020. The security zone will be 
enforced from 9 a.m. to 9:30 p.m. on July 27, 2020, and those same 
hours on July 28, 2020, July 29, 2020, July 30, 2020, July 31, 2020, 
August 24, 2020, August 25, 2020, August 26, 2020, August 27, 2020, and 
August 28, 2020. The security zone will cover all waters of the North 
Atlantic Ocean, from surface to bottom, encompassed by a line 
connecting the following points beginning at 38[deg]23'56'' N, 
074[deg]48'06'' W, thence south to 38[deg]21'40'' N, 074[deg]48'33'' W, 
thence south to 38[deg]17'54'' N, 074[deg]49'57'' W, thence southwest 
to 38[deg]15'04'' N, 074[deg]51'44'' W, thence northwest to 
38[deg]18'52'' N, 074[deg]54'24'' W, thence north to 38[deg]22'55'' N, 
074[deg]52'44'' W, and northeast back to the beginning point. The zone 
is approximately 9.3 nautical miles yards in length and 3.6 nautical 
miles yards in width. If a person or vessel has been granted permission 
to enter the zone, while they are operating in the zone that they must 
not enter waters within 1,000 yards of the on scene Coast Guard vessel 
or test equipment being used by Coast Guard personnel.
    The duration of the rule and enforcement of the zone is intended to 
protect personnel, vessels, and the marine environment in these 
navigable waters while the Coast Guard vessel and test equipment are 
being used. All vessels and persons must obtain permission from the 
COTP Maryland-National Capital Region or his designated representative 
before entering the security zone. Equipment testing operations may 
occur anywhere within the security zone during the enforcement periods. 
Vessels and persons will not be permitted to enter the security zone 
within 1,000 yards of the Coast Guard vessel or test equipment. While 
this 1,00- yards area lies within the security zone, its exact location 
within the security zone may change.

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 location and 
duration of the security zone. This security zone will be enforced 125 
hours over the course of a one month period. Vessels will be able to 
safely transit around the security zone, which impacts a small area of 
the North Atlantic Ocean, where vessel traffic is normally low. 
Additionally, the Coast Guard will make notifications to the maritime 
community via marine information broadcasts. The Coast Guard will 
update such notifications as necessary to keep the maritime community 
informed of the status of the security 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 
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

[[Page 45523]]

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.

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 a 
security zone lasting only 125 total enforcement hours that will 
prohibit entry within a small portion of the North Atlantic Ocean. 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.T05-0444 to read as follows:


Sec.  165.T05-0444   Security Zone; North Atlantic Ocean, Approaches to 
Ocean City, MD.

    (a) Location. The following is a security zone: All waters of the 
North Atlantic Ocean, from surface to bottom, encompassed by a line 
connecting the following points beginning at 38[deg]23'56'' N, 
074[deg]48'06'' W, thence south to 38[deg]21'40'' N, 074[deg]48'33'' W, 
thence south to 38[deg]17'54'' N, 074[deg]49'57'' W, thence southwest 
to 38[deg]15'04'' N, 074[deg]51'44'' W, thence northwest to 
38[deg]18'52'' N, 074[deg]54'24'' W, thence north to 38[deg]22'55'' N, 
074[deg]52'44'' W, and northeast back to the beginning point. All 
coordinates are based on datum NAD 83.
    (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 the Coast Guard commissioned, 
warrant, or petty officer operating the on scene Coast Guard vessel 
designated by or assisting the Captain of the Port Maryland-National 
Capital Region (COTP) in the enforcement of the security zone.
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, you may not enter the security zone described 
in paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter the security zone described in 
paragraph (a) of this section, 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 vessel enforcing this 
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8 
MHz). Those in the security zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (3) A person or vessel operating in the security zone described in 
paragraph (a)(1) of this section must not enter waters within 1,000 
yards of the on scene Coast Guard vessel or test equipment being used 
by Coast Guard personnel.
    (d) Enforcement periods. This section will be enforced 9 a.m. to 
9:30 p.m. on July 27, 2020, and those same hours on July 28, 2020, July 
29, 2020, July 30, 2020, and July 31, 2020, August 24, 2020, August 25, 
2020, August 26, 2020, August 27, 2020, and August 28, 2020.

    Dated: July 23, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2020-16367 Filed 7-28-20; 8:45 am]
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