Safety Zone for Hurricane Dorian; Coast Guard Maryland-National Capital Region Captain of the Port Zone, 47880-47882 [2019-19647]
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47880
Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Rules and Regulations
monitoring Executive Branch
implementation of the NISP, and DoD’s
rule duplicates an amendment to the
NARA rule on the same subject.
This rule is effective on
September 11, 2019.
DATES:
Office of the Secretary
32 CFR Part 312
[Docket ID: DOD–2019–OS–0073]
FOR FURTHER INFORMATION CONTACT:
RIN 0790–AK58
Valerie Heil at 703–692–3754.
Office of the Inspector General (OIG)
Privacy Program
It has been
determined that publication of this rule
removal in the CFR for public comment
is impracticable, unnecessary, and
contrary to public interest since it is
based on removing duplicative
information. DoD implementation of the
NISP is conducted in accordance with
Executive Order 12829, ‘‘National
Industrial Security Program,’’ and the
ISOO rule at 32 CFR part 2004 of the
same name. Revisions to 32 CFR part
2004 were finalized on May 7, 2018 (83
FR 19950) which govern DoD’s NISP
and made the content in part 117
redundant. Subpart C of part 117 should
now be removed as it is duplicative and
less comprehensive than 32 CFR part
2004. The part will be reserved in
anticipation of the future need for DoD
to issue a companion rule on the
subject.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review,’’
therefore, the requirements of E.O.
13771, ‘‘Reducing Regulation and
Controlling Regulatory Costs’’ do not
apply.
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 117
Classified information, Control or
influence procedures, Facility security
clearances, Foreign ownership, Security
measures.
PART 117—[REMOVED AND
RESERVED]
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 117 is removed
and reserved.
■
Dated: September 5, 2019.
Shelly E. Finke,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2019–19518 Filed 9–10–19; 8:45 am]
BILLING CODE 5001–06–P
jspears on DSK3GMQ082PROD with RULES
DEPARTMENT OF DEFENSE
VerDate Sep<11>2014
16:37 Sep 10, 2019
Jkt 247001
AGENCY:
Office of the Inspector General,
DoD.
ACTION:
Final rule.
This final rule removes DoD’s
regulation concerning the Office of the
Inspector General (OIG) Privacy
Program. On April 11, 2019, the
Department of Defense published a
revised DoD-level Privacy Program rule,
which contains the necessary
information for an agency-wide privacy
program regulation under the Privacy
Act and now serves as the single Privacy
Program rule for the Department. That
revised Privacy Program rule also
includes all DoD component exemption
rules. Therefore, the part is now
unnecessary and may be removed from
the CFR.
DATES: This rule is effective on
September 11, 2019.
FOR FURTHER INFORMATION CONTACT:
Mark Dorgan at 703–699–5680.
SUPPLEMENTARY INFORMATION: DoD now
has a single DoD-level Privacy Program
rule at 32 CFR part 310 (84 FR 14728)
that contains all the codified
information required for the
Department. OIG Program regulation at
32 CFR part 312, last updated on May
5, 2014 (79 FR 25506), is no longer
required and can be removed.
It has been determined that
publication of this CFR part removal for
public comment is impracticable,
unnecessary, and contrary to public
interest since it is based on the removal
of policies and procedures that are
either now reflected in another CFR
part, 32 CFR part 310, or are publicly
available on the Department’s website.
To the extent that OIG internal guidance
concerning the implementation of the
Privacy Act within OIG is necessary, it
will continue to be published in
Inspector General Instruction 5400.11,
‘‘Privacy Act Program,’’ available at
https://www.dodig.mil/Portals/48/
Documents/Programs/
Privacy%20Program/
IGDINST540011AIG-AMsigned1-29101.pdf?ver=2017-04-14-103826-317
(January 29, 2010).
This rule is one of 20 separate
component Privacy rules. With the
finalization of the DoD-level Privacy
SUMMARY:
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rule at 32 CFR part 310, the Department
is eliminating the need for this separate
component Privacy rules and reducing
costs to the public as explained in the
preamble of the DoD-level Privacy rule
published on April 11, 2019, at 84 FR
14728–14811.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review.’’
Therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
List of Subjects in 32 CFR Part 312
Privacy.
PART 312—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 312 is removed.
■
Dated: September 5, 2019.
Shelly E. Finke,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2019–19615 Filed 9–10–19; 8:45 am]
BILLING CODE 5001–06–P
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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
SUMMARY:
E:\FR\FM\11SER1.SGM
11SER1
Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Rules and Regulations
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 MarylandNational 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
jspears on DSK3GMQ082PROD with RULES
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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
VerDate Sep<11>2014
16:37 Sep 10, 2019
Jkt 247001
(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 MarylandNational 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.
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47881
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 MarylandNational 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
E:\FR\FM\11SER1.SGM
11SER1
47882
Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Rules and Regulations
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).
jspears on DSK3GMQ082PROD with RULES
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),
VerDate Sep<11>2014
16:37 Sep 10, 2019
Jkt 247001
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
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.
2. Add § 165.T05–0775 to read as
follows:
by the Captain of the Port MarylandNational 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
■
§ 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 MarylandNational 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
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 51, 60, 61, and 63
[EPA–HQ–OAR–2008–0531; FRL–9999–52–
OAR]
Stationary Source Audit Program;
Notification of Availability and Request
for Comments
Environmental Protection
Agency (EPA).
ACTION: Notification of availability,
request for comments.
AGENCY:
The Environmental Protection
Agency (EPA) is providing notification
that one of the two accredited providers
SUMMARY:
E:\FR\FM\11SER1.SGM
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]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 [email protected].
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
[[Page 47882]]
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
