[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Rules and Regulations]
[Pages 4910-4912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00940]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0897]
RIN 1625-AA00
Safety Zone; Isle of Wight Bay, Ocean City, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters in Isle of Wight Bay. This action is necessary to
provide for the safety of personnel and vessels at and immediately
adjacent to the Harry W. Kelley Memorial (US-50) Bridge during
submarine electrical cable replacement operations, which will occur
daily, from 6 a.m. until 10 p.m. on January 27, 2020, through February
3, 2020. This rule will prohibit persons and vessels from being in the
safety zone unless authorized by the Captain of the Port Maryland-
National Capital Region or a designated representative.
DATES: This rule is effective without actual notice from January 28,
2020 through February 3, 2020. For the purposes of enforcement, actual
notice will be used from January 27, 2020, until January 28, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0897 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 about this
rulemaking, call or email Petty Officer Courtney Perry, Sector
Maryland-NCR, Waterways Management Division, U.S. Coast Guard:
telephone 410-576-2570, 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
[[Page 4911]]
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Maryland Department of Transportation notified the Coast Guard
that it will be conducting an installation of submarine cables from
January 27, 2020, through February 3, 2020, within the navigation
channel at the Harry W. Kelley Memorial (US-50) Bridge located in Ocean
City, MD. The installation operations will be conducted at all hours of
the day throughout this time period. In response, on December 17, 2019,
the Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Isle of Wight Bay, Ocean City, MD (84 FR 68858). We stated
why we issued the NPRM and allowed for commenting on our proposed
regulatory action. We received no comments during the comment period
which ended on January 2, 2020.
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 because immediate action is needed to
mitigate the potential hazards to personnel and vessels navigating
immediately adjacent to the Harry W. Kelley Memorial (US-50) Bridge
during this time.
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 the potential hazards associated with the
installation of submarine electrical cables would be a safety concern
for anyone at and immediately adjacent to the Harry W. Kelley Memorial
Bridge during these operations. The purpose of this rule is to ensure
the safety of vessels and the navigable waters in the safety zone
before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM, which was
published on December 17, 2019. There are no changes in the regulatory
text of this rule from the proposed rule in the NPRM.
This rule establishes a safety zone from January 27, 2020, through
February 3, 2020, that will be enforced daily from 6 a.m. until 10 p.m.
The safety zone will cover all navigable waters of the Isle of Wight
Bay, in Ocean City, MD encompassed by an area connecting the following
points: Beginning at 38[deg]19'57.2'' N, 075[deg]05'26.0'' W, thence to
38[deg]19'56.9'' N, 075[deg]05'24.8'' W, thence to 38[deg]19'55.6'' N,
075[deg]05'25.3'' W, thence to 38[deg]19'55.9'' N, 075[deg]05'26.6'' W,
and back to the beginning point. The zone is established to ensure the
safety of vessels and the navigable waters before, during, and after
the scheduled submarine cable installation. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a 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, additionally,
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 size,
duration, and the time-of-year of the safety zone. The submarine cable
installation is being planned during the winter/non-peak season, when
vessel transit in this area of the channel is unlikely. Vessel traffic
not required to use the navigation channel will be able to safely
transit around the safety zone. This safety zone will impact a small
designated area of the Isle of Wight Bay for approximately 8 days, but
coincides with the non-peak season for recreational boating.
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 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 this rule will effect 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 the actions of 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
[[Page 4912]]
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 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 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 the Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and the Environmental Planning COMDTINST 5090.1 (series),
which guides 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 does
not individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting approximately
eight days that would prohibit use of navigable waters at or adjacent
to the Harry W. Kelley Memorial (US-50) Bridge. 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.T05-0897 to read as follows:
Sec. 165.T05-0897 Safety Zone; Isle of Wight Bay, Ocean City, MD.
(a) Location. The following area is a safety zone: All navigable
waters of Isle of Wight Bay, encompassed by a line connecting the
following points beginning at 38[deg]19'57.2'' N, 075[deg]05'26.0'' W,
thence to 38[deg]19'56.9'' N, 075[deg]05'24.8'' W, thence to
38[deg]19'55.6'' N, 075[deg]05'25.3'' W, thence to 38[deg]19'55.9'' N,
075[deg]05'26.6'' W, and back to the beginning point, located at Ocean
City, MD. These coordinates are based on datum NAD 1983.
(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
security zone described in paragraph (a) of this section.
Marine equipment means any vessel, barge or other equipment
operated by Covington Machine and Welding, Inc. or its subcontractors.
(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. Except for marine equipment, all
vessels within this safety zone at the time it is implemented are to
depart the zone.
(2) 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
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
(d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
(e) Enforcement. This safety zone will be enforced during the
period described in paragraph (f) of this section. A ``CABLE WORK--
DANGER--STAY AWAY'' sign facing the northern and southern approaches of
the navigation channel will be posted on the sides of the marine
equipment on-scene within the location described in paragraph (a) of
this section.
(f) Enforcement period. This section will be enforced daily January
27, 2020, through February 3, 2020, from 6:00 a.m. until 10 p.m.
Dated: January 16, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-NCR.
[FR Doc. 2020-00940 Filed 1-27-20; 8:45 am]
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