[Federal Register Volume 89, Number 165 (Monday, August 26, 2024)]
[Rules and Regulations]
[Pages 68366-68368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19045]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0770]
RIN 1625-AA00


Safety Zone; West River Entrance, Shady Side, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
waters near the West River Entrance near Shady Side, Maryland within 
200 yards of the sunken recreational vessel LOVEBUG and salvage 
operations. The safety zone is needed to protect the public and vessels 
from potential hazards created by an obstruction to the West River and 
to ensure a safe working environment for the first responders and dive 
teams from passing traffic. This rule will prohibit persons or vessels 
from entering this zone unless specifically authorized by the Captain 
of the Port (COTP) Sector Maryland-National Capital Region (NCR) or a 
designated representative.

DATES: For purposes of enforcement, actual notice will be used from 
August 20, 2024, through August 26, 2024. This rule is effective and 
enforceable without actual notice from August 26, 2024 to August 30, 
2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0770 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Kate Newkirk, Sector Maryland-NCR, Waterways 
Management Branch, U.S. Coast Guard; 410-365-8141, 
[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 yacht ``Lovebug'' ran aground a half-mile offshore of Maryland, 
between Beverly Beach and Curtis Point, on August 16, 2024. Salvage is 
currently underway. The Coast Guard is issuing this temporary rule 
under authority in 5 U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard finds that good cause exists for not 
publishing a notice of proposed rulemaking (NPRM) with respect to this 
rule because salvage operations are occurring now, and immediate action 
is necessary to respond to the potential safety hazards associated with 
these emergency salvage operations. It is impracticable to publish an 
NPRM because we must establish this safety zone as soon as possible.
    Also, 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 necessary to ensure the safety of vessels 
and persons on these navigable waters during the emergency vessel 
salvage operation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 46 
U.S.C. 70034. The COTP Sector Maryland-NCR has determined that 
potential hazards associated with this vessel salvage operation 
starting on August 20, 2024, will be a safety concern for anyone within 
a 200-yard radius of the vessel salvage operation in the West River 
Entrance. This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone while 
the vessel salvage operations are being conducted.

IV. Discussion of the Rule

    This rule establishes a safety zone from August 20, 2024, through 
August 30, 2024. The safety zone will cover all navigable waters within 
200 yards of the vessel salvage operation near Shady Side, Maryland, 
located at -38[deg] 51.660 N, 076[deg] 29.600 W. This rule is necessary 
to ensure the safety of vessels and persons during the vessel salvage 
operation. This rule will prohibit persons or vessels from entering 
this zone unless specifically authorized by the COTP or a designated 
representative.
    The COTP or a designated representative may forbid and control the 
movement of all vessels in the zone. When hailed or signaled by an 
official patrol vessel, a vessel shall come to an immediate stop and 
comply with the directions given. Failure to do so may result in 
expulsion from the zone, citation for failure to comply, or both.

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.

[[Page 68367]]

This rule has not been designated a ``significant regulatory action,'' 
under section 3(f) of Executive Order 12866, as amended by Executive 
Order 14094 (Modernizing Regulatory Review). Accordingly, this rule has 
not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on size, location, 
and duration of the proposed rulemaking. This safety zone would take 
place on a relatively small area of the West River Entrance and waters 
associated with Shady Side, MD, lasting from August 20, 2024, through 
August 30, 2024. Additionally, the Coast Guard would issue Broadcast 
Notices to Mariners via VHF-FM marine channel 16 about the safety zone 
so that waterway users may plan accordingly for transits during this 
restriction, and the rule will allow vessels to seek permission from 
the COTP Maryland-NCR or a designated representative to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, does not apply to rules not subject to notice and comment. As 
the Coast Guard has, for good cause, waived notice and comment 
requirement that would otherwise apply to this rulemaking, the 
Regulatory Flexibility Act's provisions do not apply here.

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.

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 200-
yard safety zone around salvage operations near the West River Entrance 
for 11 days. It is categorically excluded from further review under 
paragraph L60(d) 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, 70124; 33 CFR 1.05-1; 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1, Revision No. 01.3.


0
2. Add Sec.  165.T05-0170 to read as follows:


Sec.  165.T05-0170  Safety Zone; West River Entrance, Shady Side, MD.

    (a) Location. The following area is a safety zone: all navigable 
waters within 200 yards of the location of the vessel LOVEBUG and 
associated salvage operation located at position -38[deg] 51.660N, 
076[deg] 29.600W.
    (b) Enforcement period. This section is effective from August 20, 
2024 through August 30, 2024.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting through, or exiting 
from the safety zone described in paragraph (a) of this section is 
prohibited unless authorized by the COTP Maryland-NCR or a designated 
representative.
    (2) Vessels desiring to transit the regulated area may do so only 
with prior approval of the COTP Maryland-NCR or a designated 
representative and when so directed will be operated at a minimum safe 
navigation speed in a manner that will not endanger salvage operations 
in the zone or any other vessels.
    (3) The COTP Maryland-NCR or a designated representative may forbid 
and control the movement of all vessels in the regulated area. When 
hailed or signaled by an official patrol vessel, a vessel shall come to 
an immediate stop and comply with the directions given. Failure to do 
so may result in expulsion from the area, citation for failure to 
comply, or both.
    (4) Entry into this zone is prohibited unless authorized by the 
COTP Maryland-NCR or a designated representative.
    (5) Persons or vessels seeking to enter or transit through the zone 
must request permission from the COTP Maryland-NCR or a designated 
representative. They may be contacted on VHF-FM channel 16 or by 
telephone at 410-576-2693.
    (6) If permission is granted, all persons and vessels must comply 
with the instructions of the COTP Maryland-NCR or designated 
representative.
    (d) Informational broadcasts. The COTP Maryland-NCR or a designated 
representative will inform the public through Broadcast Notices to 
Mariners of the enforcement period for the temporary safety zone as 
well as any changes in the planned schedule.


[[Page 68368]]


    Dated: August 20, 2024.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2024-19045 Filed 8-23-24; 8:45 am]
BILLING CODE 9110-04-P