[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Proposed Rules]
[Pages 16265-16267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07825]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0270]
RIN 1625-AA00


Safety Zone; North 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 a temporary safety zone 
for certain waters of the North Atlantic Ocean adjacent to Ocean City, 
MD. This action is necessary to provide for the safety of life on the 
navigable waters during an air show on May 23, 2018. This action would 
prohibit persons and vessels from entering the safety zone 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 May 16, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0270 using the Federal eRulemaking Portal at http://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, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast 
Guard; 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
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On February 21, 2018, the Town of Ocean City, MD, notified the 
Coast Guard that it will be conducting the Canadian Snowbirds Air Show 
Featurette from 2 p.m. to 3:30 p.m. on May 23, 2018. Details of the 
event were provided to the Coast Guard on March 7, 2018. The air show 
consists of a single public performance by the Canadian Forces 431 Air 
Demonstration Squadron conducting a 40-minute aerobatic performance of 
high-speed, low-flying fixed-wing military aircraft operating within a 
Federal Aviation Administration-designated air show box, located above 
the North Atlantic Ocean adjacent to Ocean City, MD. Hazards from the 
air show include participants operating adjacent to a designated 
navigation channel and interfering with vessels intending to operate 
within that channel, as well as aircraft mishaps that involve crashing 
during an air show aerobatic performance conducted above navigable 
waters located near the shoreline. The COTP Maryland-National Capital 
Region has determined that potential hazards associated with the air 
show would be a safety concern for anyone intending to operate within 
certain waters of the North Atlantic Ocean adjacent to Ocean City, MD.
    The purpose of this rulemaking is to ensure the safety of persons 
and vessels on certain waters of the North Atlantic Ocean before, 
during, and after the scheduled event. The Coast Guard proposes this 
rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 1:30 p.m. to 4 
p.m. on May 23, 2018. The safety zone would cover all waters of the 
North Atlantic Ocean, within an area bounded by the following 
coordinates: Commencing at a point near the shoreline at latitude 
38[deg]20'33.3'' N, longitude 075[deg]04'37.7'' W, thence eastward to 
latitude 38[deg]20'24.9'' N, longitude 075[deg]04'01.5'' W, thence 
southward to latitude 38[deg]19'18.4'' N, longitude 075[deg]04'26.9'' 
W, thence westward to latitude 38[deg]19'27.0'' N, longitude 
075[deg]05'03.0'' W, thence northward to point of origin, located 
adjacent to Ocean City, MD. The safety zone will encompass all 
navigable waters within a rectangular area approximately 7,000 feet in 
length and 3,000 feet in width, parallel to the shoreline at Ocean 
City, MD. The duration of the zone is intended to ensure the safety of 
persons and vessels on the specified navigable waters before, during, 
and after the scheduled 2 p.m. air show. No vessel or person would be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. 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 s 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, duration, and day-of-week of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone, which would 
impact a small designated area of the North Atlantic Ocean for less 
than 3 hours during a Wednesday before Memorial Day when vessel traffic 
is normally low. The Coast Guard will issue a Broadcast Notice to 
Mariners via VHF-FM marine band channel 16 to provide information about 
the safety 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

[[Page 16266]]

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 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 
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 contact 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, which guides 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 a safety zone lasting less than 3 hours that would prohibit 
vessel movement within a small portion of the North Atlantic Ocean. 
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. 01. A preliminary Record of Environmental 
Consideration supporting this determination is 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.

G. 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.

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 http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact 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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://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 proposes 
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:  33 U.S.C. 1231; 50 U.S.C. 191; 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.  [thinsp]165.T05-0270 to read as follows:


Sec.  [thinsp]165.T05-0270   Safety Zone; North Atlantic Ocean, Ocean 
City, MD.

    (a) Location. The following area is a safety zone: All waters of 
the North Atlantic Ocean, within an area bounded by the following 
coordinates:

[[Page 16267]]

Commencing at a point near the shoreline at latitude 38[deg]20'33.3'' 
N, longitude 075[deg]04'37.7'' W, thence eastward to latitude 
38[deg]20'24.9'' N, longitude 075[deg]04'01.5'' W, thence southward to 
latitude 38[deg]19'18.4'' N, longitude 075[deg]04'26.9'' W, thence 
westward to latitude 38[deg]19'27.0'' N, longitude 075[deg]05'03.0'' W, 
thence northward to point of origin, located adjacent to Ocean City, 
MD. All coordinates refer to datum NAD 1983.
    (b) Definitions. As used in this section:
    (1) Captain of the Port Maryland-National Capital Region means the 
Commander, U.S. Coast Guard Sector Maryland-National Capital Region.
    (2) 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 enforcement of the 
safety zone described in paragraph (a) of this section.
    (c) Regulations. The general safety zone regulations found in 33 
CFR part 165, subpart C apply to the safety zone created by this 
section.
    (1) All persons are required to comply with the general regulations 
governing safety zones found in 33 CFR 165.23.
    (2) Entry into or remaining in this safety zone is prohibited 
unless authorized by the Coast Guard Captain of the Port Maryland-
National Capital Region. All vessels underway within this safety zone 
at the time it is implemented are to depart the zone.
    (3) Persons desiring to transit the area of the safety zone shall 
obtain authorization from the Captain of the Port Maryland-National 
Capital Region or designated representative. To request permission to 
transit the area, the Captain of the Port Maryland-National Capital 
Region and or designated representatives can be contacted at telephone 
number 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). Upon being hailed 
by a U.S. Coast Guard vessel, or other Federal, State, or local agency 
vessel, by siren, radio, flashing light, or other means, the operator 
of a vessel shall proceed as directed. If permission is granted to 
enter the safety zone, all persons and vessels shall comply with the 
instructions of the Captain of the Port Maryland-National Capital 
Region or designated representative and proceed as directed while 
within the zone.
    (4) Enforcement officials. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the zone by Federal, State, and local 
agencies.
    (d) Enforcement period. This section will be enforced from 1:30 
p.m. to 4 p.m. on May 23, 2018.

    Dated: April 9, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-07825 Filed 4-13-18; 8:45 am]
 BILLING CODE 9110-04-P