[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Proposed Rules]
[Pages 65730-65734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25853]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0765]
RIN 1625-AA00


Safety Zones; Waterway Training Areas, Captain of the Port 
Maryland-National Capital Region Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish four safety zones 
for certain waters of the Patapsco River, Chesapeake Bay, and Potomac 
River. This action is necessary to provide for the safety of life on 
these navigable waters at Baltimore Harbor Anchorage No. 5, between 
Belvidere Shoal and Kent Island, MD, between Point Lookout, MD, and St. 
George Island,

[[Page 65731]]

MD, and between Possum Point, VA, and Cockpit Point, VA, during non-
lethal signaling and warning device training conducted from on board 
U.S. Coast Guard vessels. This proposed rulemaking would prohibit 
persons and vessels from being in the safety zones unless authorized by 
the Captain of the Port Maryland-National Capital Region or a 
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 December 30, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0765 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 Mr. Ron Houck, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast 
Guard; telephone 410-576-2674, email Ronald.L.Houck@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DOD Department of Defense
DHS Department of Homeland Security
FR Federal Register
NM Nautical mile
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The U.S. Coast Guard uses the LA51, a non-lethal signaling and 
warning device, to support the service's ports, waterways and coastal 
security mission. Coast Guard personnel use the LA51 device as a 
warning signal during enforcement operations for getting the attention 
of non-responsive vessels. The LA51 is a two-part (flash bang) 
ammunition round fired from a 12-gauge military shotgun to produce a 
visible signal at a range of 100 meters. The explosive pyrotechnic 
flash is a bright, white light lasting less than one second with a loud 
report (170 decibels at the source). To maintain ports, waterways and 
coastal security mission readiness, Coast Guard personnel within the 
Maryland-National Capital Region COTP Zone (the ``Maryland-National 
Capital Region'') must conduct LA51 device training shoreward of the 12 
nautical miles (NM) baseline. At the present time, Coast Guard Stations 
within the Maryland-National Capital Region use the DOD firing range 
located in the Chesapeake Bay in the vicinity of Chesapeake Beach, MD, 
described at 33 CFR 334.170) (DOD Chesapeake Beach firing range) for 
LA51 training. But, the Maryland-National Capital Region needs 
additional LA51 training locations.
    While the Coast Guard uses DOD-established and controlled water 
ranges for LA51 training when reasonably feasible, there are no DOD 
ranges other than the Chesapeake Bay zone within the Maryland-National 
Capital Region that are feasible for the Coast Guard to use for LA51 
training. While other DOD ranges exist within the Maryland-National 
Capital Region, DOD has been unable to accommodate USCG's requests to 
utilize these ranges for LA51 training. And, currently within the 
Maryland-National Capital Region there are no existing Coast Guard-
designated waterway training areas. The lack of alternative feasible 
DOD ranges or Coast Guard waterway training areas within the Maryland-
National Capital Region poses significant logistical challenges and 
requires some Coast Guard Station personnel to travel considerable 
distances to the DOD Chesapeake Beach firing range. Given that the 
training must occur during favorable weather conditions, the long 
distance to the range adds additional logistical burdens to holding 
these trainings. To better accommodate these training needs the COTP 
Maryland-National Capital Region is proposing to establish four safety 
zones for use as waterway training areas.
    Although the LA51 has a low risk of significant injury, hazards 
from LA51 device training events include risks of injury or death 
resulting from near or actual contact among training vessels and 
waterway users. These risks may arise if normal vessel traffic were to 
interfere with the training event, and training vessels operating near 
designated navigation channels, as well as operating near approaches to 
local public boat ramps, private marinas and yacht clubs, and 
waterfront businesses. The COTP Maryland-National Capital Region has 
determined that potential hazards associated with the LA51 device 
trainings would be a safety concern for anyone within the waterway 
training areas. The purpose of this rulemaking is to ensure the safety 
of vessels and the navigable waters within the waterway training areas 
before, during, and after the training events. The proposed safety zone 
waterway training areas would only be used to conduct LA51 device 
training as needed for Coast Guard Law Enforcement training 
requirements.
    The COTP Maryland-National Capital Region would only activate the 
relevant safety zone(s) as needed. If the proposed safety zones were 
established, the Coast Guard would continue to first seek to use a DOD-
controlled range, and check its availability for LA51 device training 
use, prior to activating a Coast Guard waterway training area safety 
zone. If these permanent Cost Guard waterway training area safety zones 
were not established, the COTP Maryland-National Capital Region would 
possibly need to establish multiple temporarily safety zones for LA51 
training.
    The Coast Guard is proposing this rulemaking under authority in 46 
U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region is proposing to establish 
four safety zones for use as waterway training areas.
    Waterway training area Alpha includes all waters of the Patapsco 
River encompassed by a line connecting the following points beginning 
at 39[deg]14'07.98'' N, 076[deg]32'58.50'' W; thence to 
39[deg]13'34.98'' N, 076[deg]32'24.00'' W; thence to 39[deg]13'22.50'' 
N, 076[deg]32'28.98'' W; thence to 39[deg]13'21.00'' N, 
076[deg]33'12.00'' W; and back to the beginning point. Waterway 
training area Alpha is located at the entrance to Curtis Bay, in 
Baltimore Harbor Anchorage No. 5, at Baltimore, MD. The safety zone is 
a trapezoid in shape measuring approximately 1,500 yards in length and 
averaging 750 yards in width.
    Waterway training area Bravo includes all waters of the Chesapeake 
Bay encompassed by a line connecting the following points beginning at 
39[deg]05'25.98'' N, 076[deg]20'20.04'' W; thence to 39[deg]04'40.02'' 
N, 076[deg]19'28.98'' W; thence to 39[deg]02'45.00'' N, 
076[deg]22'09.00'' W; thence to 39[deg]03'30.00'' N, 076[deg]23'00.00'' 
W; and back to the beginning point. Waterway training area Bravo is 
located in the approaches to Baltimore Harbor, between Belvidere Shoal 
and Kent Island, MD. The safety zone is a rectangle in shape situated 
along a northeast-southwest axis, measuring approximately 4,500 yards 
in length by 1,500 yards in width.
    Waterway training area Charlie includes all waters of the Potomac 
River encompassed by a line connecting the following points beginning 
at 38[deg]00'28.80'' N, 076[deg]22'43.80'' W; thence to 
38[deg]01'18.00'' N, 076[deg]21'54.00'' W; thence to 38[deg]05'06.00'' 
N, 076[deg]27'43.20''

[[Page 65732]]

W; thence to 38[deg]04'40.20'' N, 076[deg]28'34.20'' W; and back to the 
beginning point. Waterway training area Charlie is located between 
Point Lookout, MD, and St. George Island, MD. The safety zone is a 
rectangle in shape measuring approximately 12,500 yards in length by 
1,500 yards in width.
    Waterway training area Delta includes all waters of the Potomac 
River encompassed by a line connecting the following points beginning 
at 38[deg]32'31.14'' N, 077[deg]15'29.82'' W; thence to 
38[deg]32'48.18'' N, 077[deg]15'54.24'' W; thence to 38[deg]33'34.56'' 
N, 077[deg]15'07.20'' W; thence to 38[deg]33'15.06'' N, 
077[deg]14'39.54'' W; and back to the beginning point. Waterway 
training area Delta is located between Possum Point, VA, and Cockpit 
Point, VA. The safety zone is a trapezoid in shape measuring 
approximately 2,000 in length by 1,000 yards in width.
    Proposed waterway training areas Alpha and Bravo are located 
outside designated navigation channels. Neither of these two zones are 
near areas of the Patapsco River and Chesapeake Bay that are used 
heavily by the boating public or popular fishing or diving sites. 
Proposed waterway training areas Charlie and Delta are located within a 
portion of navigable channels. Although these two zones are near areas 
of the Potomac River that may be used by the boating public or popular 
fishing or diving sites, vessels traffic in these areas would be able 
to safely transit around the safety zones. The Coast Guard would ensure 
that appropriate monitoring of the waterway while the safety zone is 
activated.
    The Coast Guard anticipates that each of the four proposed safety 
zones would be activated for two hours on six separate occasions 
annually--a total of 12 annual enforcement hours for each zone. The 
Coast Guard anticipates that it would activate the zones at various 
times of the year during daylight hours only. Whenever a LA51 device 
training event is planned, the COTP Maryland-National Capital Region 
would notify the maritime community of the enforcement dates and times 
of the appropriate safety zone as the training event dictates. Such 
notification would be made by broadcast or local notice to mariners, 
distribution in leaflet form, on-scene oral notice, or other 
appropriate means in accordance with Sec.  [thinsp]165.7.
    The duration and enforcement of the zones is intended to ensure the 
safety of vessels and these navigable waters before, during, and after 
these training events. Except for training participants, no vessel or 
person would be permitted to enter the safety zone without obtaining 
permission from the COTP Maryland-National Capital Region or a 
designated representative. 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), 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 location of the safety zones. It is anticipated that each 
of these four safety zones will be activated for six separate events 
annually. Although vessel traffic may not be able to safely transit 
around two of these safety zones while being enforced, both of which 
are on the Potomac River, the impact would be for 2 hours or less and 
such vessels would be able to seek permission to enter and transit 
these safety zones by contacting the COTP Maryland-National Capital 
Region or a designated representative by telephone or on VHF-FM channel 
16. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners 
via Marine Band Radio VHF-FM 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 
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 
safety 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 
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 contact 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

[[Page 65733]]

implications for federalism or Indian tribes, please contact 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 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 five 
safety zones that, when activated, will last 48 enforcement hours 
annually and prohibit entry within portions of the Patapsco River, 
Chesapeake Bay, and Potomac River. Normally such actions are 
categorically excluded from further review under paragraph L60(a) in 
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing 
Procedures 5090.1. A preliminary Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES. 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 contact 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, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's Correspondence 
System of Records notice (84 FR 48645, September 26, 2018).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, 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.  165.516 to read as follows:


Sec.  165.516  Safety Zones; Waterway Training Areas, Captain of the 
Port Maryland-National Capital Region Zone.

    (a) Regulated areas. The following areas are established as safety 
zones:
    (1) Waterway training area Alpha. All waters of the Patapsco River, 
encompassed by a line connecting the following points beginning at 
39[deg]14'07.98'' N, 076[deg]32'58.50'' W; thence to 39[deg]13'34.98'' 
N, 076[deg]32'24.00'' W; thence to 39[deg]13'22.50'' N, 
076[deg]32'28.98'' W; thence to 39[deg]13'21.00'' N, 076[deg]33'12.00'' 
W; and back to the beginning point.
    (2) Waterway training area Bravo. All waters of the Chesapeake Bay, 
encompassed by a line connecting the following points beginning at 
39[deg]05'25.98'' N, 076[deg]20'20.04'' W; thence to 39[deg]04'40.02'' 
N, 076[deg]19'28.98'' W; thence to 39[deg]02'45.00'' N, 
076[deg]22'09.00'' W; thence to 39[deg]03'30.00'' N, 076[deg]23'00.00'' 
W; and back to the beginning point.
    (3) Waterway training area Charlie. All waters of the Potomac 
River, encompassed by a line connecting the following points beginning 
at 38[deg]00'28.80'' N, 076[deg]22'43.80'' W; thence to 
38[deg]01'18.00'' N, 076[deg]21'54.00'' W; thence to 38[deg]05'06.00'' 
N, 076[deg]27'43.20'' W; thence to 38[deg]04'40.20'' N, 
076[deg]28'34.20'' W; and back to the beginning point.
    (4) Waterway training area Delta. All waters of the Potomac River, 
encompassed by a line connecting the following points beginning at 
38[deg]32'31.14'' N, 077[deg]15'29.82'' W; thence to 38[deg]32'48.18'' 
N, 077[deg]15'54.24'' W; thence to 38[deg]33'34.56'' N, 
077[deg]15'07.20'' W; thence to 38[deg]33'15.06'' N, 077[deg]14'39.54'' 
W; and back to the beginning point.
    (5) These 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 a Coast Guard commissioned, 
warrant, or petty officer designated by or assisting the COTP in the 
enforcement of the safety zones.
    Training participant means a person or vessel authorized by the 
COTP as participating in the training event or otherwise designated by 
the COTP or the COTP's designated representative as having a function 
tied to the training event.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zones described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) Except for training participants, all vessels underway within 
this safety zone at the time it is activated are to depart the zone. To 
seek permission to enter, contact the COTP or the COTP's designated 
representative by telephone number 410-576-2693 or on Marine Band Radio 
VHF-FM channel 16 (156.8

[[Page 65734]]

MHz). The Coast Guard vessels enforcing this section can be contacted 
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.
    (3) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the safety zone by Federal, State, and local agencies.
    (d) Enforcement. The safety zones created by this section will be 
enforced only upon issuance of a Broadcast Notice to Mariners (BNM) by 
the COTP or the COTP's representative, as well as on-scene notice or 
other appropriate means in accordance with Sec.  165.7.

    Dated: November 22, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2019-25853 Filed 11-27-19; 8:45 am]
BILLING CODE 9110-04-P


