Safety Zones; Spa Creek, Annapolis, MD, 56186-56189 [2020-20153]
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Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules
Public Participation
DOE invites public participation in
this process through participation in the
webinar and submission of written
comments and information. After the
webinar and the closing of the comment
period, DOE will consider all timelysubmitted comments and additional
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parties, as well as information obtained
through further analyses.
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Participants are responsible for ensuring
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Signing Authority
This document of the Department of
Energy was signed on September 3,
2020, by Alexander N. Fitzsimmons,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and
Renewable Energy, pursuant to
delegated authority from the Secretary
of Energy. That document with the
original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on September
3, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2020–19927 Filed 9–10–20; 8:45 am]
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Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0511]
RIN 1625–AA00
Safety Zones; Spa Creek, Annapolis,
MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
Participation in the Webinar
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DEPARTMENT OF HOMELAND
SECURITY
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ACTION:
The Coast Guard is proposing
to establish two temporary safety zones
for certain waters of the Spa Creek from
October 19, 2020, through October 23,
2020. This action is necessary to
provide for the safety of life on these
navigable waters at Annapolis, MD,
during a film project. This proposed
rulemaking would prohibit persons and
vessels from being in the safety zones
unless authorized by the Captain of the
Port Maryland-National Capital Region
or a designated representative. We
invite your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before September 28, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0511 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Mr. Ron
Houck, U.S. Coast Guard Sector
Maryland-National Capital Region;
telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
Hoonigan Industries, of Long beach,
CA, notified the Coast Guard that it will
be conducting a film project from 5 a.m.
on October 19, 2020, to noon on October
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22, 2020. In the event of inclement
weather, the filming may continue on to
October 23, 2020. The film project
includes the use of barges and other
marine equipment positioned at two
locations in Spa Creek, at Annapolis,
MD, within a portion of Market Slip
(Ego Alley) and across the width of
Annapolis Harbor. On site marine
equipment and vessels will be operated
by Smith Marine Towing, Inc. of
Baltimore, MD, or its subcontractors.
Such equipment and vessels will
display the lights and shapes described
in U.S. Coast Guard regulations. Vessels
engaged in work for this project will
utilize marine band radio VHF–FM
channels 16 and 13. Hazards associated
with the film project include barges and
other marine equipment positioned
within designated navigation channels
and interfering with vessels intending to
operate within those channels, and
operating within approaches to local
public boat moorings and mooring
facilities, yacht clubs and private
marinas, and other waterside
businesses. The Captain of the Port
(COTP) Maryland-National Capital
Region has determined that potential
hazards associated with the film project
would be a safety concern for anyone
within promiximity of the barges and
other marine equipment positioned at
two locations in Spa Creek.
The Coast Guard is requesting that
interested parties provide comments
within a shortened comment period of
15 days instead of the typical 30 days
for this notice of proposed rulemaking.
The Coast Guard believes a shortened
comment period is necessary and
reasonable to ensure the Coast Guard
has time to review and respond to any
significant comments submitted by the
public in response to this NPRM and
has a final rule in effect in time for the
scheduled event.
The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP Maryland-National Capital
Region is proposing to establish two
temporary safety zones for certain
waters of Spa Creek at Annapolis, MD.
This rule would be effective from 5 a.m.
on October 19, 2020, through noon on
October 23, 2020, and would be
enforced during the times described
below for each zone.
The first safety zone would be
enforced from 5 a.m. to noon on October
19, 2020, or if necessary due to
inclement weather on October 19, 2020,
from 5 a.m. to noon on October 20,
2020. This safety zone would cover all
navigable waters of Spa Creek, within
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Market Slip (Ego Alley), from shoreline
to shoreline, bounded on the southeast
by a line commencing at latitude
38°58′34.2″ N, longitude 076°29′05.6″
W, thence southwest to latitude
38°58′32.9″ N, longitude 076°29′06.4″
W, located at Annapolis, MD. This area
is approximately 285 yards in length
and approximately 50 yards in width.
The proposed duration of the zone is
intended to ensure the safety of vessels
on these navigable waters before,
during, and after the scheduled 5 a.m.
to noon film project.
The second safety zone would be
enforced from 7 a.m. on October 20,
2020 through noon on October 22, 2020.
If there is inclement weather,
enforcement would be continued
through noon on October 23, 2020. This
safety zone would cover all navigable
waters of Spa Creek, encompassed by a
line connecting the following points,
beginning at the shoreline at latitude
38°58′39.8″ N, longitude 076°28′48.9″
W, thence south to the shoreline at
latitude 38°58′32.1″ N, longitude
076°28′47.2″ W, thence southwest along
the shoreline to latitude 38°58′24.6″ N,
longitude 076°28′57.1″ W, thence
northwest to the shoreline at latitude
38°58′34.2″ N, longitude 076°29′05.6″
W, thence northeast along the shoreline
to the point of origin, located at
Annapolis, MD. This area is
approximately 475 yards in length and
approximately 430 yards in width. This
area includes the Spa Creek Anchorage,
described in paragrapgh (a)(5) of 33 CFR
110.159. The mooring of vessels in this
designated anchorage is managed
through local ordinances enforced by
the City of Annapolis Harbor Master.
Vessels at moorings within this
anchorage located in the vicinity of the
barges and other marine equipment
would be required to depart that portion
of the safety zone during enforcement.
Persons and vessels may seek
permission to enter or depart the safety
zones, by contacting the COTP or the
COTP’s representative. Vessels
intending to use, using, or seeking to
use moorings within this anchorage
located near the entrance to Spa Creek
would be allowed to do so during
enforcement if authorized by the COTP
or the COTP’s designated representative.
Vessels may also use the designated
anchorage located outside the entrance
to Spa Creek. This area includes the Spa
Creek South Anchorage, described in
paragrapgh (a)(3) of 33 CFR 110.159.
The mooring of vessels in this
anchorage is managed through local
ordinances enforced by the City of
Annapolis Harbor Master. The proposed
duration of the zone is intended to
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ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 7 a.m. on October
20, 2020 through noon on October 22,
2020 film project.
Except for marine equipment and
vessels operated by Smith Marine
Towing, Inc. or its subcontractors, no
vessel or person would be permitted to
enter these safety zones without
obtaining permission from the COTP or
a designated representative. The COTP
would notify the public that the safety
zone will be enforced by all appropriate
means to the affected segments of the
public, including publication in the
Federal Register, as practicable, in
accordance with 33 CFR 165.7(a). Such
means of notification may also include,
but are not limited to, Broadcast Notice
to Mariners or Local Notice to Mariners.
Vessels or persons violating this rule are
subject to the penalties set forth in 46
U.S.C. 70036 (previously codified in 33
U.S.C. 1232) and 46 U.S.C. 70052
(previously codified in 50 U.S.C. 192).
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, time-ofday, time-of-year, and the days of the
week of the safety zones, which would
impact two designated areas of Spa
Creek for 67 total enforcement hours.
The first safety zone, within Market Slip
(Ego Alley), would be enforced for 14
total enforcement hours. The second
safety zone, across the width of
Annapolis Harbor, would be enforced
for 53 total enforcement hours. The film
project is being planned to coincide
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with the non-peak season for tourism in
the area and is not being held during the
weekend so that there is less impact on
vessel transits in this section of the
waterway. Although vessel traffic will
not be able to safely transit around these
safety zones, there may be locations
along the placement of the barges and
other marine equipment in Spa Creek
across the width of Annapolis Harbor
that would allow for vessel transits.
Vessels desiring to transit to or from
local waterside businesses located
within the safety zones during
enforcement would be able to seek
permission by contacting the COTP or
the COTP’s representative. Vessels
intending to use, using, or seeking to
use moorings within the Spa Crek
Anchorage located near the entrance to
Spa Creek would be allowed to do so
during enforcement by contacting the
COTP or the COTP’s representative.
Vessels at moorings within this
anchorage this time of year are typically
transient vessels, which may also use
the South Anchorage located outside the
entrance to Spa Creek. Moreover, the
Coast Guard would issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the status of the safety
zones.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
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understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves two safety zones lasting a
combined 67 total enforcement hours
that would prohibit entry within
portions of Spa Creek. Normally such
actions are categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
We seek any comments or information
that may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
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We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.T05–0511 to read as
follows:
■
§ 165.T05–0511 Safety Zones; Spa Creek,
Annapolis, MD.
(a) Locations. The following areas are
a safety zone. All coordinates are based
on datum NAD 83.
(1) Safety zone 1. All navigable waters
of Spa Creek, within Market Slip (Ego
Alley), from shoreline to shoreline,
bounded on the southeast by a line
commencing at latitude 38°58′34.2″ N,
longitude 076°29′05.6″ W, thence
southwest to latitude 38°58′32.9″ N,
longitude 076°29′06.4″ W, located at
Annapolis, MD.
(2) Safety zone 2. All navigable waters
of Spa Creek, encompassed by a line
connecting the following points,
beginning at the shoreline at latitude
38°58′39.8″ N, longitude 076°28′48.9″
W, thence south to the shoreline at
latitude 38°58′32.1″ N, longitude
076°28′47.2″ W, thence southwest along
the shoreline to latitude 38°58′24.6″ N,
longitude 076°28′57.1″ W, thence
northwest to the shoreline at latitude
38°58′34.2″ N, longitude 076°29′05.6″
W, thence northeast along the shoreline
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to the point of origin, located at
Annapolis, MD.
(b) Definitions. As used in this
section—
Captain of the Port (COTP) means the
Commander, U.S. Coast Guard Sector
Maryland-National Capital Region.
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been authorized
by the Captain of the Port MarylandNational Capital Region to assist in
enforcing any safety zone described in
paragraph (a) of this section.
Marine equipment means any vessel,
barge or other equipment operated by
Smith Marine Towing, Inc. or its
subcontractors.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
Except for marine equipment, all vessels
underway within this safety zone at the
time it is activated are to depart the
zone.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by telephone at 410–576–
2693 or on Marine Band Radio VHF–FM
channel 16 (156.8 MHz). The Coast
Guard vessels enforcing this section can
be contacted on Marine Band Radio
VHF–FM channel 16 (156.8 MHz).
(3) Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(d) Enforcement officials. The U.S.
Coast Guard may be assisted in the
patrol and enforcement of the safety
zone by Federal, State, and local
agencies.
(e) Enforcement periods. (1) Paragraph
(a)(1) of this section will be enforced
from 5 a.m. to noon on October 19,
2020, or if necessary due to inclement
weather on October 19, 2020, from 5
a.m. to noon on October 20, 2020.
(2) Paragraph (a)(2) of this section will
be enforced from 7 a.m. on October 20,
2020, through noon on October 22,
2020, or if necessary due to inclement
weather, from 7 a.m. on October 20,
2020, through noon on October 23,
2020.
Dated: September 8, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
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DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 3
RIN 2900–AQ80
Aggravation Definition
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) proposes its adjudication
regulations relating to aggravation of
service-connected disabilities to more
clearly define ‘‘aggravation’’ in serviceconnection claims. The revisions would
explicitly confirm a singular definition
of ‘‘aggravation’’ that includes the
requirement of ‘‘permanent worsening.’’
The revisions would also include minor
organizational and technical changes.
DATES: Comments must be received on
or before November 10, 2020.
ADDRESSES: Comments may be
submitted through
www.Regulations.gov; or mailed to:
Director, Compensation Service, VASRD
Program Office, Department of Veterans
Affairs, 1800 G St. NW, Room 644,
Washington, DC 20006. Comments
should indicate that they are submitted
in response to ‘‘RIN 2900–AQ80,
Aggravation Definition.’’ Comments
received will be available
Regulations.gov for public viewing,
inspection or copies.
FOR FURTHER INFORMATION CONTACT:
Keronica Richardson, Policy Analyst,
VASRD Program Office (210),
Compensation Service (21C),
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420, (202) 461–9700. (This is not a
toll-free telephone number.)
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Service Connection Based on
Aggravation
For veterans who have injuries or
diseases that existed prior to service and
worsened during service, VA awards
service connection and compensates
them for the increase in disability. 38
CFR 3.306. For the purposes of this
regulatory preamble, this basis of
service connection will be referred to as
‘‘in-service aggravation.’’ Likewise, for
veterans who have nonserviceconnected injuries or diseases that are
worsened by service-connected
disabilities, VA awards service
connection and compensates them for
the increase in disability. 38 CFR 3.310.
For the purposes of this regulatory
preamble, this basis of service
connection will be referred to as ‘‘postservice aggravation.’’
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Both part 3.306 and part 3.310
provide that service connection based
on aggravation is limited to situations
where there is an increase in disability
not caused by the natural progression of
the injury or disease. Both regulations
also provide that the increase must be
measurable from an established
baseline, although the burden is on VA
to establish the baseline for purposes of
in-service aggravation, whereas the
burden is on the veteran to submit
medical evidence establishing a baseline
for purposes of post-service aggravation.
Compare 38 CFR 3.306(b) with 38 CFR
3.310(b); see also 71 FR 52,744, 52,745
(Sept. 7, 2006) (final rule amending 38
CFR 3.310).
Section 3.306(a) derives from 38
U.S.C. 1153, which provides that a
preexisting injury or disease will be
considered to have been ‘‘aggravated’’
by active service ‘‘where there is an
increase in disability during such
service,’’ unless the increase is due to
the natural progress of the disease.
Section 3.310(b) applies aggravation
to the context of what is often called
‘‘secondary’’ service connection—when
a service-connected disability itself
causes a separate disability. Secondary
service connection derives from the
basic entitlement statutes applicable to
disability compensation: 38 U.S.C. 1110
and 1131. As counterparts for wartime
and peacetime service, each provides for
compensation for ‘‘disability resulting
from personal injury suffered or disease
contracted in line of duty’’ or for
‘‘aggravation of a preexisting injury
suffered or disease contracted in line of
duty.’’ Given that these basic
entitlement statutes also reference inservice aggravation, VA proposes to add
those references to section 3.306 as well.
II. The Need for Regulatory
Amendment
The primary purpose of this proposed
regulatory amendment is to provide a
singular definition of ‘‘aggravation’’ by
clarifying two phrases contained within
38 CFR 3.306 and 3.310; specifically,
‘‘increase in disability’’ in section 3.306
and ‘‘any increase in severity’’ in
section 3.310. These phrases are not
currently defined by statute or
regulation, but rather by case law.
The premise that ‘‘disability’’ refers to
impairment of earning capacity is firmly
established in 38 U.S.C. 1155 and 38
CFR 4.1. Courts have long and
consistently recognized this definition
in regard to both in-service and postservice aggravation. See Davis v.
Principi, 276 F.3d 1341, 1344 (2002)
(addressing in-service aggravation of a
preexisting condition); Allen v. Brown,
7 Vet. App. 439, 448 (1995) (en banc)
E:\FR\FM\11SEP1.SGM
11SEP1
]]>Agencies
[Federal Register Volume 85, Number 177 (Friday, September 11, 2020)]
[Proposed Rules]
[Pages 56186-56189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20153]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0511]
RIN 1625-AA00
Safety Zones; Spa Creek, Annapolis, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish two temporary safety
zones for certain waters of the Spa Creek from October 19, 2020,
through October 23, 2020. This action is necessary to provide for the
safety of life on these navigable waters at Annapolis, MD, during a
film project. This proposed rulemaking would prohibit persons and
vessels from being in the safety zones unless authorized by the Captain
of the Port Maryland-National Capital Region or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 28, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0511 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ron Houck, U.S. Coast Guard
Sector Maryland-National Capital Region; telephone 410-576-2674, email
[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
PATCOM Coast Guard Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Hoonigan Industries, of Long beach, CA, notified the Coast Guard
that it will be conducting a film project from 5 a.m. on October 19,
2020, to noon on October 22, 2020. In the event of inclement weather,
the filming may continue on to October 23, 2020. The film project
includes the use of barges and other marine equipment positioned at two
locations in Spa Creek, at Annapolis, MD, within a portion of Market
Slip (Ego Alley) and across the width of Annapolis Harbor. On site
marine equipment and vessels will be operated by Smith Marine Towing,
Inc. of Baltimore, MD, or its subcontractors. Such equipment and
vessels will display the lights and shapes described in U.S. Coast
Guard regulations. Vessels engaged in work for this project will
utilize marine band radio VHF-FM channels 16 and 13. Hazards associated
with the film project include barges and other marine equipment
positioned within designated navigation channels and interfering with
vessels intending to operate within those channels, and operating
within approaches to local public boat moorings and mooring facilities,
yacht clubs and private marinas, and other waterside businesses. The
Captain of the Port (COTP) Maryland-National Capital Region has
determined that potential hazards associated with the film project
would be a safety concern for anyone within promiximity of the barges
and other marine equipment positioned at two locations in Spa Creek.
The Coast Guard is requesting that interested parties provide
comments within a shortened comment period of 15 days instead of the
typical 30 days for this notice of proposed rulemaking. The Coast Guard
believes a shortened comment period is necessary and reasonable to
ensure the Coast Guard has time to review and respond to any
significant comments submitted by the public in response to this NPRM
and has a final rule in effect in time for the scheduled event.
The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP Maryland-National Capital Region is proposing to establish
two temporary safety zones for certain waters of Spa Creek at
Annapolis, MD. This rule would be effective from 5 a.m. on October 19,
2020, through noon on October 23, 2020, and would be enforced during
the times described below for each zone.
The first safety zone would be enforced from 5 a.m. to noon on
October 19, 2020, or if necessary due to inclement weather on October
19, 2020, from 5 a.m. to noon on October 20, 2020. This safety zone
would cover all navigable waters of Spa Creek, within
[[Page 56187]]
Market Slip (Ego Alley), from shoreline to shoreline, bounded on the
southeast by a line commencing at latitude 38[deg]58'34.2'' N,
longitude 076[deg]29'05.6'' W, thence southwest to latitude
38[deg]58'32.9'' N, longitude 076[deg]29'06.4'' W, located at
Annapolis, MD. This area is approximately 285 yards in length and
approximately 50 yards in width. The proposed duration of the zone is
intended to ensure the safety of vessels on these navigable waters
before, during, and after the scheduled 5 a.m. to noon film project.
The second safety zone would be enforced from 7 a.m. on October 20,
2020 through noon on October 22, 2020. If there is inclement weather,
enforcement would be continued through noon on October 23, 2020. This
safety zone would cover all navigable waters of Spa Creek, encompassed
by a line connecting the following points, beginning at the shoreline
at latitude 38[deg]58'39.8'' N, longitude 076[deg]28'48.9'' W, thence
south to the shoreline at latitude 38[deg]58'32.1'' N, longitude
076[deg]28'47.2'' W, thence southwest along the shoreline to latitude
38[deg]58'24.6'' N, longitude 076[deg]28'57.1'' W, thence northwest to
the shoreline at latitude 38[deg]58'34.2'' N, longitude
076[deg]29'05.6'' W, thence northeast along the shoreline to the point
of origin, located at Annapolis, MD. This area is approximately 475
yards in length and approximately 430 yards in width. This area
includes the Spa Creek Anchorage, described in paragrapgh (a)(5) of 33
CFR 110.159. The mooring of vessels in this designated anchorage is
managed through local ordinances enforced by the City of Annapolis
Harbor Master. Vessels at moorings within this anchorage located in the
vicinity of the barges and other marine equipment would be required to
depart that portion of the safety zone during enforcement. Persons and
vessels may seek permission to enter or depart the safety zones, by
contacting the COTP or the COTP's representative. Vessels intending to
use, using, or seeking to use moorings within this anchorage located
near the entrance to Spa Creek would be allowed to do so during
enforcement if authorized by the COTP or the COTP's designated
representative. Vessels may also use the designated anchorage located
outside the entrance to Spa Creek. This area includes the Spa Creek
South Anchorage, described in paragrapgh (a)(3) of 33 CFR 110.159. The
mooring of vessels in this anchorage is managed through local
ordinances enforced by the City of Annapolis Harbor Master. The
proposed duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled 7 a.m. on October 20, 2020 through noon on October 22, 2020
film project.
Except for marine equipment and vessels operated by Smith Marine
Towing, Inc. or its subcontractors, no vessel or person would be
permitted to enter these safety zones without obtaining permission from
the COTP or a designated representative. The COTP would notify the
public that the safety zone will be enforced by all appropriate means
to the affected segments of the public, including publication in the
Federal Register, as practicable, in accordance with 33 CFR 165.7(a).
Such means of notification may also include, but are not limited to,
Broadcast Notice to Mariners or Local Notice to Mariners. Vessels or
persons violating this rule are subject to the penalties set forth in
46 U.S.C. 70036 (previously codified in 33 U.S.C. 1232) and 46 U.S.C.
70052 (previously codified in 50 U.S.C. 192). The regulatory text we
are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, time-of-day, time-of-year, and the days of the week of the
safety zones, which would impact two designated areas of Spa Creek for
67 total enforcement hours. The first safety zone, within Market Slip
(Ego Alley), would be enforced for 14 total enforcement hours. The
second safety zone, across the width of Annapolis Harbor, would be
enforced for 53 total enforcement hours. The film project is being
planned to coincide with the non-peak season for tourism in the area
and is not being held during the weekend so that there is less impact
on vessel transits in this section of the waterway. Although vessel
traffic will not be able to safely transit around these safety zones,
there may be locations along the placement of the barges and other
marine equipment in Spa Creek across the width of Annapolis Harbor that
would allow for vessel transits. Vessels desiring to transit to or from
local waterside businesses located within the safety zones during
enforcement would be able to seek permission by contacting the COTP or
the COTP's representative. Vessels intending to use, using, or seeking
to use moorings within the Spa Crek Anchorage located near the entrance
to Spa Creek would be allowed to do so during enforcement by contacting
the COTP or the COTP's representative. Vessels at moorings within this
anchorage this time of year are typically transient vessels, which may
also use the South Anchorage located outside the entrance to Spa Creek.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the status of the safety zones.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in
[[Page 56188]]
understanding this proposed rule. If the rule would affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves two safety
zones lasting a combined 67 total enforcement hours that would prohibit
entry within portions of Spa Creek. Normally such actions are
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T05-0511 to read as follows:
Sec. 165.T05-0511 Safety Zones; Spa Creek, Annapolis, MD.
(a) Locations. The following areas are a safety zone. All
coordinates are based on datum NAD 83.
(1) Safety zone 1. All navigable waters of Spa Creek, within Market
Slip (Ego Alley), from shoreline to shoreline, bounded on the southeast
by a line commencing at latitude 38[deg]58'34.2'' N, longitude
076[deg]29'05.6'' W, thence southwest to latitude 38[deg]58'32.9'' N,
longitude 076[deg]29'06.4'' W, located at Annapolis, MD.
(2) Safety zone 2. All navigable waters of Spa Creek, encompassed
by a line connecting the following points, beginning at the shoreline
at latitude 38[deg]58'39.8'' N, longitude 076[deg]28'48.9'' W, thence
south to the shoreline at latitude 38[deg]58'32.1'' N, longitude
076[deg]28'47.2'' W, thence southwest along the shoreline to latitude
38[deg]58'24.6'' N, longitude 076[deg]28'57.1'' W, thence northwest to
the shoreline at latitude 38[deg]58'34.2'' N, longitude
076[deg]29'05.6'' W, thence northeast along the shoreline
[[Page 56189]]
to the point of origin, located at Annapolis, MD.
(b) Definitions. As used in this section--
Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing any safety
zone described in paragraph (a) of this section.
Marine equipment means any vessel, barge or other equipment
operated by Smith Marine Towing, Inc. or its subcontractors.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. Except for marine equipment, all
vessels underway within this safety zone at the time it is activated
are to depart the zone.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at 410-576-2693 or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz).
(3) Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
(e) Enforcement periods. (1) Paragraph (a)(1) of this section will
be enforced from 5 a.m. to noon on October 19, 2020, or if necessary
due to inclement weather on October 19, 2020, from 5 a.m. to noon on
October 20, 2020.
(2) Paragraph (a)(2) of this section will be enforced from 7 a.m.
on October 20, 2020, through noon on October 22, 2020, or if necessary
due to inclement weather, from 7 a.m. on October 20, 2020, through noon
on October 23, 2020.
Dated: September 8, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2020-20153 Filed 9-10-20; 8:45 am]
BILLING CODE 9110-04-P
