[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Rules and Regulations]
[Pages 47880-47882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19647]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0775]
RIN 1625-AA00


Safety Zone for Hurricane Dorian; 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 Hurricane Dorian. Entry of vessels 
or persons into this zone is prohibited unless specifically authorized 
by the Captain of the Port Maryland-National Capital Region.

DATES: This rule is effective without actual notice from September 11, 
2019 until 5 a.m. on September 12, 2019. For the purposes of 
enforcement, actual notice will be used from 5 a.m. on September 6, 
2019, until September 11, 2019.

ADDRESSES: To view documents mentioned in this preamble as being

[[Page 47881]]

available in the docket, go to https://www.regulations.gov, type USCG-
2019-0775 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 Ronald.L.Houck@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
CFR Code of Federal Regulations
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 hurricane. We must 
establish this safety zone by September 6, 2019, to ensure that the 
rule is in place in advance of Hurricane Dorian.
    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 Hurricane Dorian.

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). Hurricane Dorian 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 hurricane necessitates establishment of a 
temporary safety zone to protect the safety of life and property on 
navigable waters starting September 6, 2019, 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 5 a.m. on September 6, 
2019, until 5 a.m. on September 12, 2019, 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 
Hurricane Dorian. 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 hurricane has passed, when it 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 
contact 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

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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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 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 Hurricane 
Dorian. It is categorically excluded from further review under 
paragraph L60(c) in Table 3-1 of U.S. Coast Guard Environmental 
Planning Implementing Procedures 5090.1.

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.

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.T05-0775 to read as follows:


Sec.  165.T05-0775  Safety Zone for Hurricane DORIAN; 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 Maryland-National Capital Region 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 (COTP) to assist in the 
enforcement of the safety zone.
    (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. All vessels entering the safety zone 
may be boarded and examined by the Coast Guard under existing 
regulations, prior to entry, to ensure compliance with the general 
safety zone regulations.
    (2) Except for vessels already at berth, mooring, or anchor, all 
vessels underway within this safety zone on September 6, 2019, 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 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (4) The Coast Guard vessels enforcing this section can be contacted 
on Marine Band Radio VHF-FM channel 16 (156.8 MHz). Upon being hailed 
by a U.S. Coast Guard vessel, or other Federal, State, or local agency 
vessel, by siren, radio, flashing light, or other means, the operator 
of a vessel shall proceed as directed.
    (5) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the zone by Federal, State, and local agencies.

    Dated: September 5, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2019-19647 Filed 9-10-19; 8:45 am]
BILLING CODE 9110-04-P


