[Federal Register Volume 79, Number 50 (Friday, March 14, 2014)]
[Proposed Rules]
[Pages 14453-14456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05578]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0056]
RIN 1625-AA08


Special Local Regulations for Marine Events, Atlantic Ocean; 
Ocean City, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local 
regulations during the ``2014 Ocean City Air Show,'' a marine event to 
be held above the waters of the Atlantic Ocean during June 12-15, 2014. 
These special local regulations are necessary to provide for the safety 
of life on navigable waters

[[Page 14454]]

during the event. This action is intended to temporarily restrict 
vessel traffic in a portion of the Atlantic Ocean in the vicinity of 
Ocean City, MD during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 14, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, Sector Baltimore Waterways Management 
Division, Coast Guard; telephone 410-576-2674, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Cheryl Collins, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-0056] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0056) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The current regulations under 33 CFR 100 address safety for 
reoccurring marine events. This marine event does not appear in the 
current regulations; however, as it is a regulation to provide 
effective control over regattas and marine parades on the navigable 
waters of the United States so as to insure safety of life in the 
regatta or marine parade area, this marine event therefore needs to be 
temporarily added.
    Air shows are frequently held from locations above or near the 
navigable waters of the United States. The potential hazards associated 
with air shows are a safety concern during such events. The purpose of 
this rule is to promote public and maritime safety during activities 
associated with an air show, and to protect mariners transiting the 
area from the potential hazards associated with an air show, such as 
the aircraft accidents, dangerous projectiles, and falling debris. This 
rule is needed to ensure safety on the waterway before, during and 
after the scheduled event.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233. The purpose of the 
rule is to ensure safety of life on navigable waters of the United 
States during the 2014 Ocean City Air Show event.

D. Discussion of Proposed Rule

    The Town of Ocean City, MD will sponsor an annual air show 
demonstration over the Atlantic Ocean, east of the beach, between 
Talbot Street and 23rd Street at Ocean City, Maryland, scheduled on 
June 14, 2014 and June 15, 2014. In addition, air show practices and 
rehearsals are scheduled on June 12, 2014 and June 13, 2014.
    Through this regulation, the Coast Guard proposes to establish 
special local regulations on specified waters of the Atlantic Ocean. 
The proposed regulated area will encompass all waters of the Atlantic 
Ocean, in the vicinity of Ocean City, MD, bounded by the following 
coordinates: Point of origin at 38[deg]21'38'' N, 075[deg]04'04'' W; 
thence easterly to 38[deg]21'27'' N, 075[deg]03'29'' W;

[[Page 14455]]

thence southerly to 38[deg]19'35'' N, 075[deg]04'19'' W; thence 
westerly to 38[deg]19'45'' N, 075[deg]04'54'' W; thence northerly to 
the point of origin. The temporary regulated area will be enforced 
daily, from 10 a.m. through 4 p.m., from June 12, 2014 through June 15, 
2014.
    The effect of this proposed rule will be to restrict general 
navigation in the regulated area during the event. Vessels intending to 
transit the Atlantic Ocean through the regulated area will be allowed 
to safely transit the regulated area only when the Coast Guard Patrol 
Commander has deemed it safe to do so. The Coast Guard will temporarily 
restrict vessel traffic in the event area to provide for the safety of 
participants, spectators and other transiting vessels. The Coast Guard 
will provide notice of the special local regulations by Local Notice to 
Mariners, Broadcast Notice to Mariners, and the official patrol on 
scene. Such notices will continue until the event is complete.

E. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    Although this proposed rule would restrict access to this regulated 
area, the effect of this rule will not be significant because: (i) The 
special local regulations will only be in effect daily, from 10 a.m. 
through 4 p.m., from June 12, 2014 through June 15, 2014, (ii) the 
Coast Guard will give advance notification via maritime advisories so 
mariners can adjust their plans accordingly, and (iii) although the 
regulated area applies to a certain portion of the Atlantic Ocean, 
vessel traffic will be able to transit safely around the regulated 
area.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 will not have a significant economic impact on a 
substantial number of small entities. This proposed rule will affect 
the following entities, some of which may be small entities: The owners 
or operators of vessels intending to operate or transit through or 
within, or anchor in, the regulated area during the enforcement period. 
This proposed rule will not have a significant economic impact on a 
substantial number of small entities for the reasons provided under 
Regulatory Planning and Review.
    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.

3. Assistance for Small Entities

    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 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 contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    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 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

[[Page 14456]]

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (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 special local regulations issued in conjunction with a regatta 
or marine parade. The activities associated with an air show, such as 
air show performances and rehearsals, will occur over navigable waters 
of the United States and may have potential for negative impact on the 
safety or other interest of waterway users and near shore activities in 
the event area. The activity includes high speed and low altitude 
aerobatic maneuvers near the shoreline that generally rely on the use 
of navigable waters as a safety buffer to protect the public from 
hazards associated with an air show. This rule is categorically 
excluded from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction. A preliminary environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary section, Sec.  100.35-T05-0056 to read as follows:


Sec.  100.35-T05-0056  Special Local Regulations for Marine Events, 
Atlantic Ocean; Ocean City, MD.

    (a) Regulated area. The following area is a regulated area: All 
waters of the Atlantic Ocean in the vicinity of Ocean City, MD, bounded 
by the following coordinates: Point of origin at 38[deg]21'38'' N, 
075[deg]04'04'' W; thence easterly to 38[deg]21'27'' N, 075[deg]03'29'' 
W; thence southerly to 38[deg]19'35'' N, 075[deg]04'19'' W; thence 
westerly to 38[deg]19'45'' N, 075[deg]04'54'' W; thence northerly to 
the point of origin. All coordinates refer to datum NAD 1983.
    (b) Definitions: (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the U.S. Coast Guard who has 
been designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Baltimore with a commissioned, warrant, 
or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant means all persons and vessels participating in the 
2014 Ocean City Air Show event under the auspices of the Marine Event 
Permit issued to the event sponsor and approved by Commander, Coast 
Guard Sector Baltimore.
    (c) Special local regulations: (1) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels and persons in the 
regulated area. When hailed or signaled by an official patrol, a vessel 
or person in the regulated area shall immediately comply with the 
directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (2) With the exception of participants, all persons desiring to 
transit the regulated area must first obtain authorization from the 
Captain of the Port Baltimore or his designated representative. To seek 
permission to transit the area, the Captain of the Port Baltimore and 
his designated representatives can be contacted at telephone number 
410-576-2693 or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). 
All Coast Guard vessels enforcing this regulated area can be contacted 
on marine band radio VHF-FM channel 16 (156.8 MHz).
    (3) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any participant in the event, at any time it is deemed 
necessary for the protection of life or property.
    (4) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue a marine information 
broadcast on VHF-FM marine band radio announcing specific event date 
and times.
    (d) Enforcement period. This section will be enforced daily, from 
10 a.m. through 4 p.m., from June 12, 2014 through June 15, 2014.

    Dated: February 24, 2014.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2014-05578 Filed 3-13-14; 8:45 am]
BILLING CODE 9110-04-P