[Federal Register Volume 85, Number 177 (Friday, September 11, 2020)]
[Proposed Rules]
[Pages 56186-56189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20153]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0511]
RIN 1625-AA00


Safety Zones; Spa Creek, Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish two temporary safety 
zones for certain waters of the Spa Creek from October 19, 2020, 
through October 23, 2020. This action is necessary to provide for the 
safety of life on these navigable waters at Annapolis, MD, during a 
film project. 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 September 28, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0511 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, U.S. Coast Guard 
Sector Maryland-National Capital Region; 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Hoonigan Industries, of Long beach, CA, notified the Coast Guard 
that it will be conducting a film project from 5 a.m. on October 19, 
2020, to noon on October 22, 2020. In the event of inclement weather, 
the filming may continue on to October 23, 2020. The film project 
includes the use of barges and other marine equipment positioned at two 
locations in Spa Creek, at Annapolis, MD, within a portion of Market 
Slip (Ego Alley) and across the width of Annapolis Harbor. On site 
marine equipment and vessels will be operated by Smith Marine Towing, 
Inc. of Baltimore, MD, or its subcontractors. Such equipment and 
vessels will display the lights and shapes described in U.S. Coast 
Guard regulations. Vessels engaged in work for this project will 
utilize marine band radio VHF-FM channels 16 and 13. Hazards associated 
with the film project include barges and other marine equipment 
positioned within designated navigation channels and interfering with 
vessels intending to operate within those channels, and operating 
within approaches to local public boat moorings and mooring facilities, 
yacht clubs and private marinas, and other waterside businesses. The 
Captain of the Port (COTP) Maryland-National Capital Region has 
determined that potential hazards associated with the film project 
would be a safety concern for anyone within promiximity of the barges 
and other marine equipment positioned at two locations in Spa Creek.
    The Coast Guard is requesting that interested parties provide 
comments within a shortened comment period of 15 days instead of the 
typical 30 days for this notice of proposed rulemaking. The Coast Guard 
believes a shortened comment period is necessary and reasonable to 
ensure the Coast Guard has time to review and respond to any 
significant comments submitted by the public in response to this NPRM 
and has a final rule in effect in time for the scheduled event.
    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 
two temporary safety zones for certain waters of Spa Creek at 
Annapolis, MD. This rule would be effective from 5 a.m. on October 19, 
2020, through noon on October 23, 2020, and would be enforced during 
the times described below for each zone.
    The first safety zone would be enforced from 5 a.m. to noon on 
October 19, 2020, or if necessary due to inclement weather on October 
19, 2020, from 5 a.m. to noon on October 20, 2020. This safety zone 
would cover all navigable waters of Spa Creek, within

[[Page 56187]]

Market Slip (Ego Alley), from shoreline to shoreline, bounded on the 
southeast by a line commencing at latitude 38[deg]58'34.2'' N, 
longitude 076[deg]29'05.6'' W, thence southwest to latitude 
38[deg]58'32.9'' N, longitude 076[deg]29'06.4'' W, located at 
Annapolis, MD. This area is approximately 285 yards in length and 
approximately 50 yards in width. The proposed duration of the zone is 
intended to ensure the safety of vessels on these navigable waters 
before, during, and after the scheduled 5 a.m. to noon film project.
    The second safety zone would be enforced from 7 a.m. on October 20, 
2020 through noon on October 22, 2020. If there is inclement weather, 
enforcement would be continued through noon on October 23, 2020. This 
safety zone would cover all navigable waters of Spa Creek, encompassed 
by a line connecting the following points, beginning at the shoreline 
at latitude 38[deg]58'39.8'' N, longitude 076[deg]28'48.9'' W, thence 
south to the shoreline at latitude 38[deg]58'32.1'' N, longitude 
076[deg]28'47.2'' W, thence southwest along the shoreline to latitude 
38[deg]58'24.6'' N, longitude 076[deg]28'57.1'' W, thence northwest to 
the shoreline at latitude 38[deg]58'34.2'' N, longitude 
076[deg]29'05.6'' W, thence northeast along the shoreline to the point 
of origin, located at Annapolis, MD. This area is approximately 475 
yards in length and approximately 430 yards in width. This area 
includes the Spa Creek Anchorage, described in paragrapgh (a)(5) of 33 
CFR 110.159. The mooring of vessels in this designated anchorage is 
managed through local ordinances enforced by the City of Annapolis 
Harbor Master. Vessels at moorings within this anchorage located in the 
vicinity of the barges and other marine equipment would be required to 
depart that portion of the safety zone during enforcement. Persons and 
vessels may seek permission to enter or depart the safety zones, by 
contacting the COTP or the COTP's representative. Vessels intending to 
use, using, or seeking to use moorings within this anchorage located 
near the entrance to Spa Creek would be allowed to do so during 
enforcement if authorized by the COTP or the COTP's designated 
representative. Vessels may also use the designated anchorage located 
outside the entrance to Spa Creek. This area includes the Spa Creek 
South Anchorage, described in paragrapgh (a)(3) of 33 CFR 110.159. The 
mooring of vessels in this anchorage is managed through local 
ordinances enforced by the City of Annapolis Harbor Master. The 
proposed duration of the zone is intended to ensure the safety of 
vessels and these navigable waters before, during, and after the 
scheduled 7 a.m. on October 20, 2020 through noon on October 22, 2020 
film project.
    Except for marine equipment and vessels operated by Smith Marine 
Towing, Inc. or its subcontractors, no vessel or person would be 
permitted to enter these safety zones without obtaining permission from 
the COTP or a designated representative. The COTP would notify the 
public that the safety zone will be enforced by all appropriate means 
to the affected segments of the public, including publication in the 
Federal Register, as practicable, in accordance with 33 CFR 165.7(a). 
Such means of notification may also include, but are not limited to, 
Broadcast Notice to Mariners or Local Notice to Mariners. Vessels or 
persons violating this rule are subject to the penalties set forth in 
46 U.S.C. 70036 (previously codified in 33 U.S.C. 1232) and 46 U.S.C. 
70052 (previously codified in 50 U.S.C. 192). 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, 
location, time-of-day, time-of-year, and the days of the week of the 
safety zones, which would impact two designated areas of Spa Creek for 
67 total enforcement hours. The first safety zone, within Market Slip 
(Ego Alley), would be enforced for 14 total enforcement hours. The 
second safety zone, across the width of Annapolis Harbor, would be 
enforced for 53 total enforcement hours. The film project is being 
planned to coincide with the non-peak season for tourism in the area 
and is not being held during the weekend so that there is less impact 
on vessel transits in this section of the waterway. Although vessel 
traffic will not be able to safely transit around these safety zones, 
there may be locations along the placement of the barges and other 
marine equipment in Spa Creek across the width of Annapolis Harbor that 
would allow for vessel transits. Vessels desiring to transit to or from 
local waterside businesses located within the safety zones during 
enforcement would be able to seek permission by contacting the COTP or 
the COTP's representative. Vessels intending to use, using, or seeking 
to use moorings within the Spa Crek Anchorage located near the entrance 
to Spa Creek would be allowed to do so during enforcement by contacting 
the COTP or the COTP's representative. Vessels at moorings within this 
anchorage this time of year are typically transient vessels, which may 
also use the South Anchorage located outside the entrance to Spa Creek. 
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the status of the safety zones.

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

[[Page 56188]]

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 
call or email 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 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 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, 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 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 two safety 
zones lasting a combined 67 total enforcement hours that would prohibit 
entry within portions of Spa Creek. Normally such actions are 
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 
preliminary 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.
    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 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.

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, call or email 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 eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    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.T05-0511 to read as follows:


Sec.  165.T05-0511   Safety Zones; Spa Creek, Annapolis, MD.

    (a) Locations. The following areas are a safety zone. All 
coordinates are based on datum NAD 83.
    (1) Safety zone 1. All navigable waters of Spa Creek, within Market 
Slip (Ego Alley), from shoreline to shoreline, bounded on the southeast 
by a line commencing at latitude 38[deg]58'34.2'' N, longitude 
076[deg]29'05.6'' W, thence southwest to latitude 38[deg]58'32.9'' N, 
longitude 076[deg]29'06.4'' W, located at Annapolis, MD.
    (2) Safety zone 2. All navigable waters of Spa Creek, encompassed 
by a line connecting the following points, beginning at the shoreline 
at latitude 38[deg]58'39.8'' N, longitude 076[deg]28'48.9'' W, thence 
south to the shoreline at latitude 38[deg]58'32.1'' N, longitude 
076[deg]28'47.2'' W, thence southwest along the shoreline to latitude 
38[deg]58'24.6'' N, longitude 076[deg]28'57.1'' W, thence northwest to 
the shoreline at latitude 38[deg]58'34.2'' N, longitude 
076[deg]29'05.6'' W, thence northeast along the shoreline

[[Page 56189]]

to the point of origin, located at Annapolis, MD.
    (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 any safety 
zone described in paragraph (a) of this section.
    Marine equipment means any vessel, barge or other equipment 
operated by Smith Marine Towing, 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 underway within this safety zone at the time it is activated 
are to depart the zone.
    (2) To seek permission to enter, 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 vessels enforcing this 
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8 
MHz).
    (3) 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 periods. (1) Paragraph (a)(1) of this section will 
be enforced from 5 a.m. to noon on October 19, 2020, or if necessary 
due to inclement weather on October 19, 2020, from 5 a.m. to noon on 
October 20, 2020.
    (2) Paragraph (a)(2) of this section will be enforced from 7 a.m. 
on October 20, 2020, through noon on October 22, 2020, or if necessary 
due to inclement weather, from 7 a.m. on October 20, 2020, through noon 
on October 23, 2020.

    Dated: September 8, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2020-20153 Filed 9-10-20; 8:45 am]
BILLING CODE 9110-04-P


