Safety Zone; Tropical Storm Isaias, Coast Guard Maryland-National Capital Region Captain of the Port Zone, 47648-47650 [2020-17294]
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47648
Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / Rules and Regulations
II. Background Information and
Regulatory History
[FR Doc. 2020–17204 Filed 8–5–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0032]
RIN 1625–AA00
Safety Zone; Tropical Storm Isaias,
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
Tropical Storm Isaias. Entry of vessels
or persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Maryland-National
Capital Region or a designated
representative.
SUMMARY:
This rule is effective without
actual notice from August 6, 2020 until
11:59 p.m. on August 9, 2020, unless
terminated sooner by the Captain of the
Port Maryland-National Capital Region.
For the purposes of enforcement, actual
notice will be used from 12:01 a.m. on
August 4, 2020 until August 6, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0032 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:
DATES:
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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
§ Section
U.S.C. United States Code
VerDate Sep<11>2014
16:05 Aug 05, 2020
Jkt 250001
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 tropical
storm. We must establish this safety
zone by August 4, 2020, to ensure that
the rule is in place in advance of
Tropical Storm Isaias.
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 Tropical Storm
Isaias.
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). Tropical
Storm Isaias 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 tropical storm
necessitates establishment of a
temporary safety zone to protect the
safety of life and property on navigable
waters starting August 4, 2020, 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.
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IV. Discussion of the Rule
This rule establishes a safety zone
from 12:01 a.m. on August 4, 2020, until
11:59 p.m. on August 9, 2020, 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
Tropical Storm Isaias. 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 tropical storm has passed, when it
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Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / Rules and Regulations
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
jbell on DSKJLSW7X2PROD with RULES
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 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 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).
VerDate Sep<11>2014
16:05 Aug 05, 2020
Jkt 250001
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.
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, 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
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 Tropical Storm Isaias. It is
categorically excluded from further
review under paragraph L60(c) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1.
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47649
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
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.T05–0032 to read as
follows:
■
§ 165.T05–0032 Safety Zone; Tropical
Storm Isaias, Coast Guard MarylandNational 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 (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 MarylandNational Capital Region to assist in
enforcing the safety zone described in
paragraph (a) of this section.
(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.
(2) Except for vessels already at berth,
mooring, or anchor, all vessels
underway within this safety zone on
August 4, 2020, 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
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Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / Rules and Regulations
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(d) Enforcement period. This section
will be enforced from 12:01 a.m. on
August 4, 2020, until 11:59 p.m. on
August 9, 2020, unless sooner
terminated by the Captain of the Port
Maryland-National Capital Region.
Dated: August 3, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2020–17294 Filed 8–4–20; 4:15 pm]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0425]
RIN 1625–AA00
Safety Zone; Les Cheneaux Islands,
Cedarville, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary safety zones for
navigable waters within 50 yards of
certain swim routes of a marine event in
the Les Cheneaux Islands in Cedarville,
MI. The safety zones are needed to
protect event participants from risks
associated with the boating public near
highly trafficked areas of the waterway.
Entry of vessels or persons into these
zones is prohibited unless specifically
authorized by the Captain of the Port
Sault Sainte Marie or a designated
representative.
DATES: This rule is effective from 7 a.m.
through 3 p.m. on August 23, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0425 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 BOSN4 R. Gruschow, Waterways
Management, Sector Sault Sainte Marie
U.S. Coast Guard; telephone (906) 253–
2462, email Robert.A.Gruschow@
uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Table of Abbreviations
CFR
Code of Federal Regulations
VerDate Sep<11>2014
16:05 Aug 05, 2020
Jkt 250001
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 the
final details of the specific marine event
and safety zone distance were not
finalized within a sufficient time to
allow for notice and a subsequent
comment period before the
commencement of the planned marine
event. Delaying this rule to allow for a
notice and comment period would be
impracticable and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to protect the
swimmers participating in this swim
event. 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 contrary to public
interest because prompt action is
needed to protect the swimmers
participating in this event on August 23,
2020.
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
Captain of the Port Sault Sainte Marie
(COTP) has determined that potential
hazards associated with swimmers
swimming between the Les Cheneaux
Islands in a swim event will be a safety
concern for anyone within 50 yards of
certain swim routes through highly
trafficked areas around the Les
Cheneaux Islands. This rule is needed to
protect event participants and support
vessels during the event.
IV. Discussion of the Rule
This rule establishes safety zones
from 7 a.m. through 3 p.m. on August
23, 2020. The duration of the zone is
intended to protect event participants,
support vessels, and the general boating
PO 00000
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Fmt 4700
Sfmt 4700
public in these navigable waters during
the marine event. No vessel or person
will be permitted to enter the safety
zones 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, 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 size, duration, and
location of the safety zones. Vessel
traffic may request permission to transit
the zone from the designated
representative of the Captain of the Port,
who may allow the vessel cross the
Safety Zone when there is no risk to the
event participants. The field of
swimmers will not spread across the
entirety of the waterway; thus, there
will be opportunity for a designated
representative of the Captain of the Port
to allow vessels to transit the zones.
Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners (BNM) via
VHF–FM marine channel 16 about the
zone, and the rule allows vessels to seek
permission to enter 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
E:\FR\FM\06AUR1.SGM
06AUR1
]]>Agencies
[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Rules and Regulations]
[Pages 47648-47650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17294]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0032]
RIN 1625-AA00
Safety Zone; Tropical Storm Isaias, 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 Tropical Storm Isaias. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Maryland-National Capital Region
or a designated representative.
DATES: This rule is effective without actual notice from August 6, 2020
until 11:59 p.m. on August 9, 2020, unless terminated sooner by the
Captain of the Port Maryland-National Capital Region. For the purposes
of enforcement, actual notice will be used from 12:01 a.m. on August 4,
2020 until August 6, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0032 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
CFR Code of Federal Regulations
COTP Captain of the Port
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 tropical storm. We must
establish this safety zone by August 4, 2020, to ensure that the rule
is in place in advance of Tropical Storm Isaias.
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 Tropical Storm
Isaias.
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). Tropical Storm Isaias 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 tropical storm necessitates
establishment of a temporary safety zone to protect the safety of life
and property on navigable waters starting August 4, 2020, 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 12:01 a.m. on August 4,
2020, until 11:59 p.m. on August 9, 2020, 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
Tropical Storm Isaias. 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 tropical storm has passed, when it
[[Page 47649]]
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
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 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.
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, 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 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 Tropical Storm Isaias. It is categorically
excluded from further review under paragraph L60(c) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
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.T05-0032 to read as follows:
Sec. 165.T05-0032 Safety Zone; Tropical Storm Isaias, 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 (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 safety
zone described in paragraph (a) of this section.
(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.
(2) Except for vessels already at berth, mooring, or anchor, all
vessels underway within this safety zone on August 4, 2020, 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
[[Page 47650]]
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
(d) Enforcement period. This section will be enforced from 12:01
a.m. on August 4, 2020, until 11:59 p.m. on August 9, 2020, unless
sooner terminated by the Captain of the Port Maryland-National Capital
Region.
Dated: August 3, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2020-17294 Filed 8-4-20; 4:15 pm]
BILLING CODE 9110-04-P
