[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Rules and Regulations]
[Pages 61014-61016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16660]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0665]
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 which will take place from August 
22, 2024 to August 25, 2024. 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.

DATES: This rule is effective from 10:00 a.m. to 5 p.m. on August 22-
25, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2024-0665 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 LCDR Kate M. Newkirk, 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

    The Town of Ocean City, MD has notified the Coast Guard that, 
between 10 a.m. and 5 p.m. on each day, from August 22-25, 2024, it 
will be hosting an air show above the North Atlantic Ocean, adjacent to 
Ocean City, MD. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that 
there is good cause to waive the requirement to publish this final rule 
without providing notice and taking comments because there is 
insufficient time to do so between now and the time that the rule must 
be in effect to serve its intended purpose.
    Under 5 U.S.C. 553(d)(3), the Coast Guard also 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 46 U.S.C. 
70034. The Captain of the Port Maryland-National Capital Region (COTP) 
has determined that potential hazards associated with this August 22-
25, 2024, 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.

[[Page 61015]]

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 a.m. to 5 p.m., each 
day, from August 22-25, 2024. 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 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, 
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 is intended to ensure the safety of life 
on these navigable waters before, during, and after the scheduled 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. This rule has not been designated a ``significant 
regulatory action,'' under Sec.  3(f) of Executive Order 12866 as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule is not subject to review by the Office of 
Management and Budget (OMB).
    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 during the event. 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, does not apply to rules not subject to notice and comment. As 
the Coast Guard has, for good cause, waived notice and comment 
requirement that would otherwise apply to this rulemaking, the 
Regulatory Flexibility Act's provisions do not apply here.

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 
Order13132.
    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. 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 were 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: 46 U.S.C.70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1, Revision No. 01.3.


0
2. Add Sec.  165.T05-0665 to read as follows:


Sec.  165.T05-0665  Safety Zone; North Atlantic Ocean, Ocean City, MD.

    (a) Location. The following area is a safety zone: 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, 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. 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,

[[Page 61016]]

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 this 
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 Sec.  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) 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 10 
a.m.to 5 p.m., each day, from August 22-25, 2024.

Patrick C Burkett,
Captain, U.S. Coast Guard, Captain of the Port, Maryland-National 
Capital Region.
[FR Doc. 2024-16660 Filed 7-29-24; 8:45 am]
BILLING CODE 9110-04-P