[Federal Register Volume 86, Number 49 (Tuesday, March 16, 2021)]
[Proposed Rules]
[Pages 14389-14392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05391]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0115]
RIN 1625-AA87


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary security 
zone encompassing certain waters of the North Atlantic Ocean. The 
security zone is necessary to prevent waterside threats

[[Page 14390]]

before, during and after National Geospatial-Intelligence Agency 
equipment testing conducted offshore near Ocean City, MD, from April 
25, 2021, through May 8, 2021. 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. 
We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 15, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0115 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LCDR Samuel M. Danus, Waterways 
Management Division, U.S. Coast Guard; 410-576-2519, 
[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, Purpose, and Legal Basis

    On February 17, 2021, the National Geospatial-Intelligence Agency 
(NGA) notified the Coast Guard that it will be conducting U.S. 
Government training and systems testing from 9 a.m. on April 25, 2021, 
through 10 p.m. on May 8, 2021. The training and testing will take 
place in two locations offshore of Ocean City, MD. 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.
    The purpose of this rulemaking is to ensure the security of vessels 
and government equipment involved in this event by prohibiting vessels 
from entering the security zone. If a person or vessel has been granted 
permission to enter the zone, 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 Coast Guard is proposing this rulemaking 
under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1232).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a security zone from 9 a.m. on 
April 25, 2021, through 10 p.m. on May 8, 2021. The security zone will 
be enforced from 9 a.m. to 10 p.m. on April 25, 2021, and those same 
hours on April 26, 2021, April 27, 2021, April 28, 2021, April 29, 
2021, April 30, 2021, May 1, 2021, May 2, 2021, May 3, 2021, May 4, 
2021, May 5, 2021, May 6, 2021, May 7, 2021 and May 8, 2021. 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 in length and 3.6 nautical miles in width. If a 
person or vessel has been granted permission to enter the zone, 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 1,000 yards area lies within the security zone, its exact location 
within the security zone may change. The regulatory text we are 
proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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. This NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on location and 
duration of the security zone. This security zone will be enforced 182 
hours over the course of a two week 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement

[[Page 14391]]

Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a security 
zone lasting only 182 total enforcement hours that will prohibit entry 
within a small portion of the North Atlantic Ocean. Normally such 
actions are 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 preliminary 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. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. We review all comments received, but we will only post 
comments that address the topic of the proposed rule. We may choose not 
to post off-topic, inappropriate, or duplicate comments that we 
receive. If you go to the online docket and sign up for email alerts, 
you will be notified when comments are posted or a final rule is 
published.

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 is 
proposing to amend 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.T05-0115 to read as follows:


Sec.  165.T05-0115  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.

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    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 10 
p.m. on April 25, 2021, and those same hours on April 26, 2021, April 
27, 2021, April 28, 2021, April 29, 2021, April 30, 2021, May 1, 2021, 
May 2, 2021, May 3, 2021, May 4, 2021, May 5, 2021, May 6, 2021, May 7, 
2021 and May 8, 2021.

    Dated: March 9, 2021.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2021-05391 Filed 3-15-21; 8:45 am]
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