Safety Zone; Isle of Wight Bay, Ocean City, MD, 4910-4912 [2020-00940]
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Federal Register / Vol. 85, No. 18 / Tuesday, January 28, 2020 / Rules and Regulations
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.T05–0001, to read as
follows:
■
jbell on DSKJLSW7X2PROD with RULES
§ 165.T05–0001 Safety Zone, Delaware
River Rock Blasting; Marcus Hook, PA.
(a) Location. The following areas are
safety zones:
(1) Safety zone one includes all waters
within 250 yards of the dredge
displaying lights and shapes for vessels
restricted in ability to maneuver as
described in 33 CFR 83.27, as well as all
related dredge equipment, while the
dredge is operating in Marcus Hook
Range. For enforcement purposes
Marcus Hook Range includes all
navigable waters of the Delaware River
shoreline to shoreline, bound by a line
drawn perpendicular to the center line
of the channel at the farthest upriver
point of the range to a line drawn
perpendicular to the center line of the
channel at the farthest downriver point
of the range.
(2) Safety zone two includes all the
waters of Anchorage 7 off Marcus Hook
Range, as described in 33 CFR
110.157(a)(8) and depicted on U.S.
Nautical Chart 12312.
(3) Safety zone three includes all the
navigable waters of the Delaware River
within 500 yards of vessels and
machinery performing rock blasting,
rock removal, and dredging operations,
between Marcus Hook Range and
Tinicum Range.
(b) Definitions. As used in this
section, designated representative
means any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port to
assist with enforcement of the safety
zone described in paragraph (a) of this
section.
(c) Regulations. (1) Entry into or
transiting within the safety zone one is
prohibited unless vessels obtain
permission from the Captain of the Port
via VHF–FM channel 16 or 215–271–
4807, or make satisfactory passing
arrangements via VHF–FM channel 13
or 16 with the operating dredge per this
section and the rules of the Road (33
CFR subchapter E). Vessels requesting to
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transit shall contact the operating
dredge via VHF–FM channel 13 or 16 at
least 1 hour prior to arrival.
(2) Vessels desiring to anchor in safety
zone two, Anchorage 7 off Marcus Hook
Range, must obtain permission from the
COTP at least 24 hours in advance by
calling (215) 271–4807. The COTP will
permit one vessel at a time to anchor on
a ‘‘first-come, first-served’’ basis.
Vessels will only be allowed to anchor
for a 12 hour period. Vessels that
require an examination by the Public
Health Service, Customs, or Immigration
authorities will be directed to an
anchorage for the required inspection by
the COTP.
(3) The operator of any vessel
requesting to transit through safety zone
three shall proceed as directed by the
drill boat APACHE, the dredge TEXAS
and NEW YORK, or the designated
representative of the Captain of the Port
and must operate at the minimum safe
speed necessary to maintain steerage
and reduce wake.
(4) No vessels may transit through
safety zone three during times of
explosive detonation. During explosive
detonation, vessels will be required to
maintain a 500 yard distance from the
drill boat APACHE. The drill boat
APACHE will make broadcasts, via
VHF–FM Channel 13 and 16, at 15
minutes, 5 minutes, and 1 minute prior
to detonation, as well as a countdown
to detonation on VHF–FM Channel 16.
(4) After every explosive detonation a
survey will be conducted by the
dredging contractor to ensure the
navigational channel is clear for vessels
to transit. The drill boat APACHE will
broadcast, via VHF–FM channel 13 and
16, when the survey has been completed
and the channel is clear to transit.
Vessels requesting to transit through the
safety zone shall proceed as directed by
the Captain of the Port and contact the
drill boat APACHE on VHF–FM channel
13 to make safe passing arrangements.
(5) This section applies to all vessels
except those engaged in the following
operations: Enforcement of laws, service
of aids to navigation, and emergency
response.
(d) Enforcement. The U.S. Coast
Guard may be assisted by federal, state
and local agencies in the patrol and
enforcement of the zone.
(e) Enforcement period. This rule will
be enforced from January 12, 2020,
through March 15, 2020, unless
cancelled earlier by the Captain of the
Port.
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
Dated: January 10, 2020.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2020–00607 Filed 1–27–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0897]
RIN 1625–AA00
Safety Zone; Isle of Wight Bay, Ocean
City, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters in Isle of Wight Bay. This
action is necessary to provide for the
safety of personnel and vessels at and
immediately adjacent to the Harry W.
Kelley Memorial (US–50) Bridge during
submarine electrical cable replacement
operations, which will occur daily, from
6 a.m. until 10 p.m. on January 27, 2020,
through February 3, 2020. This rule will
prohibit persons and vessels from being
in the safety zone unless authorized by
the Captain of the Port MarylandNational Capital Region or a designated
representative.
DATES: This rule is effective without
actual notice from January 28, 2020
through February 3, 2020. For the
purposes of enforcement, actual notice
will be used from January 27, 2020,
until January 28, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0897 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email Petty Officer
Courtney Perry, Sector Maryland-NCR,
Waterways Management Division, U.S.
Coast Guard: telephone 410–576–2570,
email Courtney.E.Perry@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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Federal Register / Vol. 85, No. 18 / Tuesday, January 28, 2020 / Rules and Regulations
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Maryland Department of
Transportation notified the Coast Guard
that it will be conducting an installation
of submarine cables from January 27,
2020, through February 3, 2020, within
the navigation channel at the Harry W.
Kelley Memorial (US–50) Bridge located
in Ocean City, MD. The installation
operations will be conducted at all
hours of the day throughout this time
period. In response, on December 17,
2019, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled Safety Zone; Isle of Wight Bay,
Ocean City, MD (84 FR 68858). We
stated why we issued the NPRM and
allowed for commenting on our
proposed regulatory action. We received
no comments during the comment
period which ended on January 2, 2020.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
mitigate the potential hazards to
personnel and vessels navigating
immediately adjacent to the Harry W.
Kelley Memorial (US–50) Bridge during
this time.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP
Maryland-National Capital Region has
determined that the potential hazards
associated with the installation of
submarine electrical cables would be a
safety concern for anyone at and
immediately adjacent to the Harry W.
Kelley Memorial Bridge during these
operations. The purpose of this rule is
to ensure the safety of vessels and the
navigable waters in the safety zone
before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM, which was
published on December 17, 2019. There
are no changes in the regulatory text of
this rule from the proposed rule in the
NPRM.
This rule establishes a safety zone
from January 27, 2020, through February
3, 2020, that will be enforced daily from
6 a.m. until 10 p.m. The safety zone will
cover all navigable waters of the Isle of
Wight Bay, in Ocean City, MD
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15:55 Jan 27, 2020
Jkt 250001
encompassed by an area connecting the
following points: Beginning at
38°19′57.2″ N, 075°05′26.0″ W, thence to
38°19′56.9″ N, 075°05′24.8″ W, thence to
38°19′55.6″ N, 075°05′25.3″ W, thence to
38°19′55.9″ N, 075°05′26.6″ W, and back
to the beginning point. The zone is
established to ensure the safety of
vessels and the navigable waters before,
during, and after the scheduled
submarine cable installation. No vessel
or person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, additionally, we
discuss First Amendment rights of
protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance, it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, duration, and the
time-of-year of the safety zone. The
submarine cable installation is being
planned during the winter/non-peak
season, when vessel transit in this area
of the channel is unlikely. Vessel traffic
not required to use the navigation
channel will be able to safely transit
around the safety zone. This safety zone
will impact a small designated area of
the Isle of Wight Bay for approximately
8 days, but coincides with the non-peak
season for recreational boating.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
PO 00000
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Fmt 4700
Sfmt 4700
4911
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for reasons
stated in section V.A above, this rule
will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If this rule will
effect your small business, organization,
or governmental jurisdiction and you
have questions concerning its
provisions or options for compliance,
please call or email the person listed in
the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on the actions of
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
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4912
Federal Register / Vol. 85, No. 18 / Tuesday, January 28, 2020 / Rules and Regulations
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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.
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.
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:
jbell on DSKJLSW7X2PROD with RULES
F. Environment
We have analyzed this rule under the
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and the
Environmental Planning COMDTINST
5090.1 (series), which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that does not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting approximately eight days
that would prohibit use of navigable
waters at or adjacent to the Harry W.
Kelley Memorial (US–50) Bridge. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
VerDate Sep<11>2014
15:55 Jan 27, 2020
Jkt 250001
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.T05–0897 to read as
follows:
■
§ 165.T05–0897 Safety Zone; Isle of Wight
Bay, Ocean City, MD.
(a) Location. The following area is a
safety zone: All navigable waters of Isle
of Wight Bay, encompassed by a line
connecting the following points
beginning at 38°19′57.2″ N, 075°05′26.0″
W, thence to 38°19′56.9″ N, 075°05′24.8″
W, thence to 38°19′55.6″ N, 075°05′25.3″
W, thence to 38°19′55.9″ N, 075°05′26.6″
W, and back to the beginning point,
located at Ocean City, MD. These
coordinates are based on datum NAD
1983.
(b) Definitions. As used in this
section—
Captain of the Port (COTP) means the
Commander, U.S. Coast Guard Sector
Maryland-National Capital Region.
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been authorized
PO 00000
Frm 00010
Fmt 4700
Sfmt 9990
by the Captain of the Port MarylandNational Capital Region to assist in
enforcing the security zone described in
paragraph (a) of this section.
Marine equipment means any vessel,
barge or other equipment operated by
Covington Machine and Welding, Inc. or
its subcontractors.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
Except for marine equipment, all vessels
within this safety zone at the time it is
implemented are to depart the zone.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by telephone number
410–576–2693 or on Marine Band Radio
VHF–FM channel 16 (156.8 MHz).
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(d) Enforcement officials. The U.S.
Coast Guard may be assisted in the
patrol and enforcement of the safety
zone by Federal, State, and local
agencies.
(e) Enforcement. This safety zone will
be enforced during the period described
in paragraph (f) of this section. A
‘‘CABLE WORK—DANGER—STAY
AWAY’’ sign facing the northern and
southern approaches of the navigation
channel will be posted on the sides of
the marine equipment on-scene within
the location described in paragraph (a)
of this section.
(f) Enforcement period. This section
will be enforced daily January 27, 2020,
through February 3, 2020, from 6:00
a.m. until 10 p.m.
Dated: January 16, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Sector Maryland-NCR.
[FR Doc. 2020–00940 Filed 1–27–20; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Rules and Regulations]
[Pages 4910-4912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00940]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0897]
RIN 1625-AA00
Safety Zone; Isle of Wight Bay, Ocean City, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters in Isle of Wight Bay. This action is necessary to
provide for the safety of personnel and vessels at and immediately
adjacent to the Harry W. Kelley Memorial (US-50) Bridge during
submarine electrical cable replacement operations, which will occur
daily, from 6 a.m. until 10 p.m. on January 27, 2020, through February
3, 2020. This rule will prohibit persons and vessels from being in the
safety zone unless authorized by the Captain of the Port Maryland-
National Capital Region or a designated representative.
DATES: This rule is effective without actual notice from January 28,
2020 through February 3, 2020. For the purposes of enforcement, actual
notice will be used from January 27, 2020, until January 28, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0897 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Petty Officer Courtney Perry, Sector
Maryland-NCR, Waterways Management Division, U.S. Coast Guard:
telephone 410-576-2570, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
[[Page 4911]]
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Maryland Department of Transportation notified the Coast Guard
that it will be conducting an installation of submarine cables from
January 27, 2020, through February 3, 2020, within the navigation
channel at the Harry W. Kelley Memorial (US-50) Bridge located in Ocean
City, MD. The installation operations will be conducted at all hours of
the day throughout this time period. In response, on December 17, 2019,
the Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Isle of Wight Bay, Ocean City, MD (84 FR 68858). We stated
why we issued the NPRM and allowed for commenting on our proposed
regulatory action. We received no comments during the comment period
which ended on January 2, 2020.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
mitigate the potential hazards to personnel and vessels navigating
immediately adjacent to the Harry W. Kelley Memorial (US-50) Bridge
during this time.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP Maryland-National Capital
Region has determined that the potential hazards associated with the
installation of submarine electrical cables would be a safety concern
for anyone at and immediately adjacent to the Harry W. Kelley Memorial
Bridge during these operations. The purpose of this rule is to ensure
the safety of vessels and the navigable waters in the safety zone
before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM, which was
published on December 17, 2019. There are no changes in the regulatory
text of this rule from the proposed rule in the NPRM.
This rule establishes a safety zone from January 27, 2020, through
February 3, 2020, that will be enforced daily from 6 a.m. until 10 p.m.
The safety zone will cover all navigable waters of the Isle of Wight
Bay, in Ocean City, MD encompassed by an area connecting the following
points: Beginning at 38[deg]19'57.2'' N, 075[deg]05'26.0'' W, thence to
38[deg]19'56.9'' N, 075[deg]05'24.8'' W, thence to 38[deg]19'55.6'' N,
075[deg]05'25.3'' W, thence to 38[deg]19'55.9'' N, 075[deg]05'26.6'' W,
and back to the beginning point. The zone is established to ensure the
safety of vessels and the navigable waters before, during, and after
the scheduled submarine cable installation. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, additionally,
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance, it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
duration, and the time-of-year of the safety zone. The submarine cable
installation is being planned during the winter/non-peak season, when
vessel transit in this area of the channel is unlikely. Vessel traffic
not required to use the navigation channel will be able to safely
transit around the safety zone. This safety zone will impact a small
designated area of the Isle of Wight Bay for approximately 8 days, but
coincides with the non-peak season for recreational boating.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If this rule will effect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on the actions of employees of the Coast Guard, call 1-888-REG-
FAIR (1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial
[[Page 4912]]
direct effect on one or more Indian tribes, on the relationship between
the Federal Government and Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes. If you believe this rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under the Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and the Environmental Planning COMDTINST 5090.1 (series),
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that does
not individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting approximately
eight days that would prohibit use of navigable waters at or adjacent
to the Harry W. Kelley Memorial (US-50) Bridge. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T05-0897 to read as follows:
Sec. 165.T05-0897 Safety Zone; Isle of Wight Bay, Ocean City, MD.
(a) Location. The following area is a safety zone: All navigable
waters of Isle of Wight Bay, encompassed by a line connecting the
following points beginning at 38[deg]19'57.2'' N, 075[deg]05'26.0'' W,
thence to 38[deg]19'56.9'' N, 075[deg]05'24.8'' W, thence to
38[deg]19'55.6'' N, 075[deg]05'25.3'' W, thence to 38[deg]19'55.9'' N,
075[deg]05'26.6'' W, and back to the beginning point, located at Ocean
City, MD. These coordinates are based on datum NAD 1983.
(b) Definitions. As used in this section--
Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the
security zone described in paragraph (a) of this section.
Marine equipment means any vessel, barge or other equipment
operated by Covington Machine and Welding, Inc. or its subcontractors.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. Except for marine equipment, all
vessels within this safety zone at the time it is implemented are to
depart the zone.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone number 410-576-2693 or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
(d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
(e) Enforcement. This safety zone will be enforced during the
period described in paragraph (f) of this section. A ``CABLE WORK--
DANGER--STAY AWAY'' sign facing the northern and southern approaches of
the navigation channel will be posted on the sides of the marine
equipment on-scene within the location described in paragraph (a) of
this section.
(f) Enforcement period. This section will be enforced daily January
27, 2020, through February 3, 2020, from 6:00 a.m. until 10 p.m.
Dated: January 16, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-NCR.
[FR Doc. 2020-00940 Filed 1-27-20; 8:45 am]
BILLING CODE 9110-04-P
