[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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