[Federal Register Volume 85, Number 154 (Monday, August 10, 2020)]
[Rules and Regulations]
[Pages 48108-48110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17480]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0361]
RIN 1625-AA08


Special Local Regulation; 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 special local 
regulation 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 these navigable waters located at Ocean City, MD, during 
activities associated with an air show event from August 13, 2020, 
through August 16, 2020. This rule prohibits persons and vessels from 
entering the regulated area unless authorized by the Captain of the 
Port Maryland-National Capital Region or the Coast Guard Patrol 
Commander.

DATES: This rule is effective from August 13, 2020, through August 16, 
2020. It will be enforced from 9 a.m. to 6 p.m. each day the rule is in 
effect.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0361 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 MST2 Shaun Landante, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone 410-576-2516, 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
PATCOM Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because an NPRM would be impracticable and 
contrary to the public interest. On June 16, 2020, the Town of Ocean 
City, MD, notified the Coast Guard that it will be conducting the 2020 
Ocean City Air Show from 10 a.m. to 5 p.m. on August 16, 2020. The 
annual air show consists of various types of military and civilian 
aircraft performing low-flying, high-speed precision maneuvers and 
aerial stunts. In addition to these two air show performance dates, 
approach and circle maneuvers will be conducted by the U.S. Navy's Blue 
Angels flight demonstration squadron aircraft between 10 a.m. and 5 
p.m. on August 13, 2020, and a full practice show rehearsal will be 
conducted by all air show performers from 10 a.m. to 5 p.m. on August 
14, 2020. We must establish this safety zone by August 13, 2020, to 
ensure the safety of particpants and nearby waterway users. Hazards 
from the air show event include risks of injury or death resulting from 
aircraft accidents, dangerous projectiles, hazardous materials spills, 
falling debris, and near or actual contact among participants and 
spectator vessels or waterway users if normal vessel traffic were to 
interfere with the event. Additionally, such hazards include 
participants operating near a designated navigation channel, as well as 
operating adjacent to a popular summer beach area and its numerous 
oceanside businesses.
    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 needed to respond to the potential safety 
hazards associated with the ``Ocean City Air Show '' event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041 (previously 33 U.S.C. 1231). The Captain of the Port Sector 
Maryland-National Capital Region (COTP) has determined that potential 
hazards associated with the air show, to be held from August 13, 2020 
through August 16, 2020, will be a safety concern for anyone intending 
to participate in this event and for vessels that operate within 
specified waters of the North Atlantic Ocean. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone for the duration of this event.

IV. Discussion of the Rule

    This rule establishes special local regulations from 9 a.m. on 
August 13, 2020, through 6 p.m. on August 16, 2020. The regulated area 
will cover all navigable waters of the North Atlantic Ocean within an 
area bounded by the following coordinates: Commencing at a point near 
the shoreline in the vicinity of 33rd Street, Ocean City, MD, latitude 
38[deg]21'48.8'' N, longitude 075[deg]04'10'' W,

[[Page 48109]]

thence eastward to latitude 38[deg]21'32'' N, longitude 075[deg]03'12'' 
W, thence south to latitude 38[deg]19'22.7'' N, longitude 
075[deg]04'09.5'' W, thence west to latitude 38[deg]19'38.5'' N, 
longitude 075[deg]05'05.4'' W, thence north along the shoreline to 
point of origin, located adjacent to Ocean City, MD. The duration of 
the zone and size of the regulated area are intended to ensure the 
safety of life on these navigable waters before, during and after the 
air show and its related activities, scheduled to take place from 10 
a.m. on August 13, 2020, through 5 p.m. on August 16, 2020. No vessel 
or person will be permitted to enter the regulated area 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 size, location and 
duration of the regulated area, which will impact a small designated 
area of the North Atlantic Ocean adjacent to Ocean City, MD for 36 
total enforcement hours. The Coast Guard will issue a Broadcast Notice 
to Mariners via VHF-FM marine channel 16 about the status of the 
regulated area. Moreover, the rule will allow vessels and persons to 
seek permission to enter the regulated area.

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 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 
IV.A above, this proposed 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 will affect your small 
business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email 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.

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 
implementation of regulations within 33 CFR part 100 applicable to 
organized marine events on the navigable waters of the United States 
that could negatively impact the safety of waterway users and shore 
side activities in the event area for 36 hours. It is categorically 
excluded from further review under paragraph L61 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 1. A Memorandum for 
Record 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.

[[Page 48110]]

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:  46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T05-0361 to read as follows:


Sec.  100.T05-0361  Ocean City Air Show, North Atlantic Ocean, Ocean 
City, MD.

    (a) Regulated area. The regulations in this section apply to all 
navigable waters of the North Atlantic Ocean within an area bounded by 
the following coordinates: Commencing at a point near the shoreline in 
vicinity of 33rd Street, Ocean City, MD, latitude 38[deg]21'48.8'' N, 
longitude 075[deg]04'10'' W, thence eastward to latitude 38[deg]21'32'' 
N, latitude 075[deg]03'12'' W, thence south to latitude 
38[deg]19'22.7'' N, longitude 075[deg]04'09.5'' W, thence west to 
latitude 38[deg]19'38.5'' N, longitude 075[deg]05'05.4'' W, thence 
north along the shoreline to point of origin, located adjacent to Ocean 
City, MD. These coordinates are based on datum NAD 1983.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) Maryland-National Capital Region means 
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region 
or any Coast Guard commissioned, warrant or petty officer who has been 
authorized by the COTP to act on his behalf.
    Coast Guard Patrol Commander (PATCOM) means a commissioned, 
warrant, or petty officer of the U.S. Coast Guard who has been 
designated by the Commander, Coast Guard Sector Maryland-National 
Capital Region.
    Official Patrol means any vessel assigned or approved by Commander, 
Coast Guard Sector Maryland-National Capital Region with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    Participant means all persons and vessels registered with the event 
sponsor as participating in the Ocean City Air Show or otherwise 
designated by the event sponsor as having a function tied to the event.
    (c) Regulations. (1) Except for participants and vessels already at 
berth, everyone other than participants are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
area described in paragraph (a) of this section unless authorized by 
the COTP Maryland-National Capital Region or PATCOM.
    (2) To seek permission to enter, contact the COTP Maryland-National 
Capital Region at telephone number 410-576-2693 or on Marine Band 
Radio, VHF-FM channel 16 (156.8 MHz) or the PATCOM on Marine Band 
Radio, VHF-FM channel 16 (156.8 MHz). Those in the regulated area must 
comply with all lawful orders or directions given to them by the COTP 
Maryland-National Capital Region, PATCOM, or official patrol.
    (3) Vessels are required to operate at a safe speed that minimizes 
wake while within the regulated area in a manner that would not 
endanger event participants or any other craft.
    (4) The air show aerobatics area located within the regulated area 
described in paragraph (a) of this section is restricted to 
participants.
    (5) The COTP Maryland-National Capital Region will provide notice 
of the regulated area through advanced notice via Fifth Coast Guard 
District Local Notice to Mariners, broadcast notice to mariners, and 
on-scene official patrols.
    (d) Enforcement officials. The Coast Guard may be assisted with 
marine event patrol and enforcement of the regulated area by other 
Federal, State and local agencies.
    (e) Enforcement periods. This section will be enforced from 9 a.m. 
to 6 p.m. on August 13, 2020, from 9 a.m. to 6 p.m. on August 14, 2020, 
from 9 a.m. to 6 p.m. on August 15, 2020, and, from 9 a.m. to 6 p.m. on 
August 16, 2020.

    Dated: August 4, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2020-17480 Filed 8-7-20; 8:45 am]
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