[Federal Register Volume 79, Number 95 (Friday, May 16, 2014)]
[Rules and Regulations]
[Pages 28429-28431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11399]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 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: This rule is effective from June 12, 2014 through June 15, 2014 
and enforceable from 10 a.m. on June 12, 2014 through 4 p.m. on June 
15, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0056]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; 
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. Regulatory History and Information

    On March 14, 2014, we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulations for Marine Events, Atlantic 
Ocean; Ocean City, MD'' in the Federal Register (79 FR 14453). We 
received no comments on the proposed rule. No public meeting was 
requested, and none was held.

B. 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.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in response to the NPRM. No 
public meeting was requested and none was held.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This 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.
    The economic impact of this rule is not significant for the 
following reasons: (1) 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, (2) the Coast Guard will give advance notification via 
maritime advisories so mariners can adjust their plans accordingly, and 
(3) 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 received no comments from the Small Business 
Administration on this rule. 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.
    This rule may 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. For the reasons discussed in the Regulatory 
Planning and Review section above, this rule will not have a 
significant economic impact on a substantial number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement

[[Page 28430]]

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

4. 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).

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 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will 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 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

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

11. Indian Tribal Governments

    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.

12. Energy Effects

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

14. Environment

    We have analyzed this 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 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 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. An 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 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 amends 
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 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,

[[Page 28431]]

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: April 24, 2014.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2014-11399 Filed 5-15-14; 8:45 am]
BILLING CODE 9110-04-P