[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Rules and Regulations]
[Pages 23810-23812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11072]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 will 
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.

[[Page 23811]]


DATES: This rule is effective from 1:30 p.m. to 4 p.m. on May 23, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0270 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald 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
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

    On February 21, 2018, the Town of Ocean City, MD notified the Coast 
Guard that from 2 p.m. to 3:30 p.m. on May 23, 2018, it will be 
conducting the Canadian Snowbirds Air Show Featurette above the North 
Atlantic Ocean adjacent to Ocean City, MD. In response, on April 16, 
2018, the Coast Guard published a notice of proposed rulemaking (NPRM) 
titled ``Safety Zone; North Atlantic Ocean, Ocean City, MD'' (83 FR 
16265). There we stated why we issued the NPRM, and invited comments on 
our proposed regulatory action related to this fireworks display. 
During the comment period that ended May 16, 2018, we received no 
comments.
    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 contrary to public interest because immediate action 
is needed to respond to the potential safety hazards associated with an 
air show.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Maryland-National Capital Region (COTP) 
has determined that potential hazards associated with this May 23, 2018 
air show will be a safety concern for anyone operating within certain 
waters of the North Atlantic Ocean adjacent to Ocean City, MD. The 
purpose of this rule is to ensure the safety of vessels and the 
navigable waters in the safety zone before, during, and after the 
scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April 
16, 2018. Therefore, there are no substantive changes in the regulatory 
text of this rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from 1:30 p.m. to 4 p.m. on May 
23, 2018. The safety zone will 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 
duration of the zone is intended to ensure the safety of life on these 
navigable waters before, during, and after the scheduled 2 p.m. air 
show. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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, 
duration, and time-of-day of the safety zone. Vessel traffic will be 
able to safely transit around this safety zone, which would impact a 
small designated area for less than 3 hours during a Wednesday before 
Memorial Day when vessel traffic in the North Atlantic Ocean is 
normally low. The Coast Guard will issue a Broadcast Notice to Mariners 
via VHF-FM marine band radio 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 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 rulemaking. 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 
contact 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.

[[Page 23812]]

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. If 
you believe this 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 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 and Commandant Instruction M16475.1D, 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 safety zone lasting less than three hours that would prohibit vessel 
movement within a portion of the North Atlantic Ocean. It is 
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 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

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.

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:  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: 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 are to 
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 must 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: May 18, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-11072 Filed 5-22-18; 8:45 am]
 BILLING CODE 9110-04-P