Safety Zone; Tropical Storm Isaias, Coast Guard Maryland-National Capital Region Captain of the Port Zone
| Citation | 85 FR 47648 |
| Record Number | 2020-17294 |
| Published date | 06 August 2020 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 85 Issue 152 (Thursday, August 6, 2020)
[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Rules and Regulations]
[Pages 47648-47650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17294]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0032]
RIN 1625-AA00
Safety Zone; Tropical Storm Isaias, Coast Guard Maryland-National
Capital Region Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters within the Coast Guard Maryland-National Capital
Region Captain of the Port Zone. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by the possible landfall of Tropical Storm Isaias. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Maryland-National Capital Region
or a designated representative.
DATES: This rule is effective without actual notice from August 6, 2020
until 11:59 p.m. on August 9, 2020, unless terminated sooner by the
Captain of the Port Maryland-National Capital Region. For the purposes
of enforcement, actual notice will be used from 12:01 a.m. on August 4,
2020 until August 6, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0032 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
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 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 is impracticable and contrary to
the public interest. Immediate action is required by the Coast Guard
due to the potential safety hazards vessels in these waterways present
to life, property and the environment during a tropical storm. We must
establish this safety zone by August 4, 2020, to ensure that the rule
is in place in advance of Tropical Storm Isaias.
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 needed to restrict vessel traffic to
protect life, property and the environment and respond to the potential
safety hazards associated with the nature and path of Tropical Storm
Isaias.
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). Tropical Storm Isaias continues to
track toward the mid-Atlantic region, with a most probable path
inclusive of the Chesapeake Bay, Maryland. The COTP Maryland-National
Capital Region has determined that potential hazards associated with
the destructive force associated with a tropical storm necessitates
establishment of a temporary safety zone to protect the safety of life
and property on navigable waters starting August 4, 2020, will be a
safety concern for anyone within the COTP Maryland-National Capital
Region Zone. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone
during the weather event.
IV. Discussion of the Rule
This rule establishes a safety zone from 12:01 a.m. on August 4,
2020, until 11:59 p.m. on August 9, 2020, unless sooner terminated by
the Captain of the Port Maryland-National Capital Region. The safety
zone will cover all navigable waters within the COTP Maryland-National
Capital Region Zone, as described in 33 CFR 3.25-15. The duration of
the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters due to the expected impact of
Tropical Storm Isaias. Except for vessels already at berth, mooring, or
anchor, all vessels underway within this safety zone at the time it is
implemented are to depart the zone. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. To seek permission to enter,
vessels and persons may 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.
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 duration of
the safety zone. The effect of this regulation will not be significant
due to the limited time that will be regulated (less than a week) and
that vessel traffic will be allowed to transit through the zone once
the tropical storm has passed, when it
[[Page 47649]]
has been determined safe to do so, and with the permission of the COTP
Maryland-National Capital Region. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF-FM marine 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 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 (Public Law 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.
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
safety zone that will prohibit entry within the COTP Maryland-National
Capital Region Zone for six days, as described in 33 CFR 3.25-15, due
to the expected impact of Tropical Storm Isaias. It is categorically
excluded from further review under paragraph L60(c) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
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.T05-0032 to read as follows:
Sec. 165.T05-0032 Safety Zone; Tropical Storm Isaias, Coast Guard
Maryland-National Capital Region Captain of the Port Zone.
(a) Location. The following area is a safety zone: All navigable
waters of the Coast Guard Captain of the Port Maryland-National Capital
Region Zone, as described in 33 CFR 3.25-1.
(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 safety
zone described in paragraph (a) of this section.
(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.
(2) Except for vessels already at berth, mooring, or anchor, all
vessels underway within this safety zone on August 4, 2020, are to
depart the zone.
(3) 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
[[Page 47650]]
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
(d) Enforcement period. This section will be enforced from 12:01
a.m. on August 4, 2020, until 11:59 p.m. on August 9, 2020, unless
sooner terminated by the Captain of the Port Maryland-National Capital
Region.
Dated: August 3, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2020-17294 Filed 8-4-20; 4:15 pm]
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