Rule2024-17002
Safety Zone; West River Entrance, Shady Side, MD
Primary source
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Published
August 1, 2024
Effective
August 1, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for waters near the West River Entrance near Shady Side, Maryland within 200 yards of the sunken recreational vessel LOVEBUG and salvage operations located at -38[deg] 51.660 N, 076[deg] 29.600 W. The safety zone is needed to protect the public and vessels from potential hazards created by an obstruction to the West River. Additionally, the safety zone is needed to ensure a safe working environment for the first responders and dive teams from passing traffic. This rule will prohibit persons or vessels from entering this zone unless specifically authorized by the Captain of the Port (COTP) Sector Maryland-National Capital Region (NCR) or a designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 148 (Thursday, August 1, 2024)</title>
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[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Rules and Regulations]
[Pages 62654-62656]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17002]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0170]
RIN 1625-AA00
Safety Zone; West River Entrance, Shady Side, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
waters near the West River Entrance near Shady Side, Maryland within
200 yards of the sunken recreational vessel LOVEBUG and salvage
operations located at -38[deg] 51.660 N, 076[deg] 29.600 W. The safety
zone is needed to protect the public and vessels from potential hazards
created by an obstruction to the West River. Additionally, the safety
zone is needed to ensure a safe working environment for the first
responders and dive teams from passing traffic. This rule will prohibit
persons or vessels from entering this zone unless specifically
authorized by the Captain of the Port (COTP) Sector Maryland-National
Capital Region (NCR) or a designated representative.
DATES: This rule is effective without actual notice from August 1, 2024
to August 02, 2024. For purposes of enforcement, actual notice will be
used from July 27, 2024 through August 1, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2024-0170 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Kate Newkirk, Sector Maryland-NCR, Waterways
Management Branch, U.S. Coast Guard; 410-365-8141,
<a href="/cdn-cgi/l/email-protection#b5f8f1fbf6e7e2d4c1d0c7c2d4ccc6f5c0c6d6d29bd8dcd9"><span class="__cf_email__" data-cfemail="9cd1d8d2dfcecbfde8f9eeebfde5efdce9effffbb2f1f5f0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because immediate action is
necessary to respond to the potential safety hazards associated with
emergency salvage operations. It is impracticable to publish an NPRM
because we must establish this safety zone immediately on July 27,
2024.
Also, 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 necessary to ensure the safety of vessels
and persons on these navigable waters during the emergency vessel
salvage operation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. The COTP Sector Maryland-NCR has
[[Page 62655]]
determined that potential hazards associated with this vessel salvage
operation starting on July 27, 2024 will be a safety concern for anyone
within a 200-yard radius of the vessel salvage operation in the West
River Entrance. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone
while the vessel salvage operations are being conducted.
IV. Discussion of the Rule
This rule establishes a safety zone from July 27, 2024 through
August 02, 2024. The safety zone will cover all navigable waters within
200 yards of the vessel salvage operation. This rule is necessary to
ensure the safety of vessels and persons during the vessel salvage
operation. This rule will prohibit persons or vessels from entering
this zone unless specifically authorized by the COTP or a designated
representative.
The COTP or a designated representative may forbid and control the
movement of all vessels in the zone. When hailed or signaled by an
official patrol vessel, a vessel shall come to an immediate stop and
comply with the directions given. Failure to do so may result in
expulsion from the zone, citation for failure to comply, or both.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on size, location,
and duration of the proposed rulemaking. This safety zone would take
place on a relatively small area of the West River Entrance and waters
associated with Shady Side, MD, lasting from July 27, 2024 through
August 02, 2024. Additionally, the Coast Guard would issue Broadcast
Notices to Mariners via VHF-FM marine channel 16 about the safety zone
so that waterway users may plan accordingly for transits during this
restriction, and the rule will allow vessels to seek permission from
the COTP Maryland-NCR or a designated representative 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 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 (Pub. L. 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 200
yard safety zone around salvage operations near the West River Entrance
for less than 7 days. 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
[[Page 62656]]
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, 70124; 33 CFR 1.05-1; 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0170 to read as follows:
Sec. 165.T05-0170 Safety Zone; West River Entrance, Shady Side, MD.
(a) Location. The following area is a safety zone: all navigable
waters within 200 yards of the location of the vessel LOVEBUG and
associated salvage operation located at position -38[deg] 51.660 N,
076[deg] 29.600 W.
(b) Enforcement period. This section is effective from July 27,
2024 through August 02, 2024.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting through, or exiting
from this area is prohibited unless authorized by the COTP Maryland-NCR
or a designated representative.
(2) Vessels desiring to transit the regulated area may do so only
with prior approval of the COTP Maryland-NCR or a designated
representative and when so directed will be operated at a minimum safe
navigation speed in a manner that will not endanger salvage operations
in the zone or any other vessels.
(3) The COTP Maryland-NCR or a designated representative may forbid
and control the movement of all vessels in the regulated area. When
hailed or signaled by an official patrol vessel, a vessel shall come to
an immediate stop and comply with the directions given. Failure to do
so may result in expulsion from the area, citation for failure to
comply, or both.
(4) Entry into this zone is prohibited unless authorized by the
COTP Maryland-NCR or a designated representative.
(5) Persons or vessels seeking to enter or transit through the zone
must request permission from the COTP Maryland-NCR or a designated
representative. They may be contacted on VHF-FM channel 16 or by
telephone at 410-576-2693.
(6) If permission is granted, all persons and vessels must comply
with the instructions of the COTP Maryland-NCR or designated
representative.
(d) Informational broadcasts. The COTP Maryland-NCR or a designated
representative will inform the public through Broadcast Notices to
Mariners of the enforcement period for the temporary safety zone as
well as any changes in the planned schedule.
Dated: July 27, 2024.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2024-17002 Filed 7-31-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 1, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.