Rule2024-19045
Safety Zone; West River Entrance, Shady Side, MD
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 26, 2024
Effective
August 26, 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. The safety zone is needed to protect the public and vessels from potential hazards created by an obstruction to the West River and 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
<html>
<head>
<title>Federal Register, Volume 89 Issue 165 (Monday, August 26, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 165 (Monday, August 26, 2024)]
[Rules and Regulations]
[Pages 68366-68368]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19045]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0770]
RIN 1625-AA00
Safety Zone; West River Entrance, Shady Side, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
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. The safety zone is needed to protect the public and vessels
from potential hazards created by an obstruction to the West River and
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: For purposes of enforcement, actual notice will be used from
August 20, 2024, through August 26, 2024. This rule is effective and
enforceable without actual notice from August 26, 2024 to August 30,
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-
2024-0770 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#dc9198929f8e8bbda8b9aeabbda5af9ca9afbfbbf2b1b5b0"><span class="__cf_email__" data-cfemail="226f666c6170754356475055435b5162575141450c4f4b4e">[email protected]</span></a>.
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 yacht ``Lovebug'' ran aground a half-mile offshore of Maryland,
between Beverly Beach and Curtis Point, on August 16, 2024. Salvage is
currently underway. 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 salvage operations are occurring now, and immediate action
is necessary to respond to the potential safety hazards associated with
these emergency salvage operations. It is impracticable to publish an
NPRM because we must establish this safety zone as soon as possible.
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 determined that
potential hazards associated with this vessel salvage operation
starting on August 20, 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 August 20, 2024, through
August 30, 2024. The safety zone will cover all navigable waters within
200 yards of the vessel salvage operation near Shady Side, Maryland,
located at -38[deg] 51.660 N, 076[deg] 29.600 W. 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.
[[Page 68367]]
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 August 20, 2024, through
August 30, 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, does not apply to rules not subject to notice and comment. As
the Coast Guard has, for good cause, waived notice and comment
requirement that would otherwise apply to this rulemaking, the
Regulatory Flexibility Act's provisions do not apply here.
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 11 days. It is categorically excluded from further review under
paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1; 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1, 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] 51.660N,
076[deg] 29.600W.
(b) Enforcement period. This section is effective from August 20,
2024 through August 30, 2024.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting through, or exiting
from the safety zone described in paragraph (a) of this section 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.
[[Page 68368]]
Dated: August 20, 2024.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2024-19045 Filed 8-23-24; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 26, 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.