83_FR_16338 83 FR 16265 - Safety Zone; North Atlantic Ocean, Ocean City, MD

83 FR 16265 - Safety Zone; North Atlantic Ocean, Ocean City, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 73 (April 16, 2018)

Page Range16265-16267
FR Document2018-07825

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.

Federal Register, Volume 83 Issue 73 (Monday, April 16, 2018)
[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Proposed Rules]
[Pages 16265-16267]
From the Federal Register Online  [www.thefederalregister.org]
[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



                                                                          Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Proposed Rules                                           16265

                                                 incorporate any appropriate                             410–576–2674, email Ronald.L.Houck@                    38°19′18.4″ N, longitude 075°04′26.9″
                                                 recommendations from the comments                       uscg.mil.                                              W, thence westward to latitude
                                                 received through this rulemaking. The                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                                38°19′27.0″ N, longitude 075°05′03.0″
                                                 FHWA will continue to use the                                                                                  W, thence northward to point of origin,
                                                 weighting factor in use since 2013. The                 I. Table of Abbreviations                              located adjacent to Ocean City, MD. The
                                                 NPRM proposing to establish a                                                                                  safety zone will encompass all navigable
                                                 weighting factor to be used in                          CFR Code of Federal Regulations                        waters within a rectangular area
                                                                                                         COTP Captain of the Port                               approximately 7,000 feet in length and
                                                 determining the weighted population of
                                                                                                         DHS Department of Homeland Security
                                                 PM2.5 nonattainment areas are                                                                                  3,000 feet in width, parallel to the
                                                                                                         FR Federal Register
                                                 withdrawn.                                              NPRM Notice of proposed rulemaking                     shoreline at Ocean City, MD. The
                                                   Issued on: April 10, 2018.                            § Section                                              duration of the zone is intended to
                                                                                                         U.S.C. United States Code                              ensure the safety of persons and vessels
                                                 Brandye L. Hendrickson,
                                                                                                                                                                on the specified navigable waters before,
                                                 Acting Administrator, Federal Highway                                                                          during, and after the scheduled 2 p.m.
                                                 Administration.
                                                                                                         II. Background, Purpose, and Legal
                                                                                                         Basis                                                  air show. No vessel or person would be
                                                 [FR Doc. 2018–07906 Filed 4–13–18; 8:45 am]
                                                                                                                                                                permitted to enter the safety zone
                                                 BILLING CODE 4910–22–P                                     On February 21, 2018, the Town of
                                                                                                                                                                without obtaining permission from the
                                                                                                         Ocean City, MD, notified the Coast
                                                                                                                                                                COTP or a designated representative.
                                                                                                         Guard that it will be conducting the
                                                                                                                                                                The regulatory text we are proposing
                                                                                                         Canadian Snowbirds Air Show
                                                 DEPARTMENT OF HOMELAND                                                                                         appears at the end of this document.
                                                                                                         Featurette from 2 p.m. to 3:30 p.m. on
                                                 SECURITY                                                May 23, 2018. Details of the event were                IV. Regulatory Analyses
                                                 Coast Guard                                             provided to the Coast Guard on March                     We developed this proposed rule after
                                                                                                         7, 2018. The air show consists of a                    considering numerous statutes and
                                                 33 CFR Part 165                                         single public performance by the                       Executive orders related to rulemaking.
                                                                                                         Canadian Forces 431 Air Demonstration                  Below we summarize our analyses
                                                 [Docket Number USCG–2018–0270]                          Squadron conducting a 40-minute                        based on a number of these statutes and
                                                                                                         aerobatic performance of high-speed,                   Executive orders s and we discuss First
                                                 RIN 1625–AA00                                           low-flying fixed-wing military aircraft                Amendment rights of protestors.
                                                                                                         operating within a Federal Aviation
                                                 Safety Zone; North Atlantic Ocean,                                                                             A. Regulatory Planning and Review
                                                                                                         Administration-designated air show
                                                 Ocean City, MD
                                                                                                         box, located above the North Atlantic                     Executive Orders 12866 and 13563
                                                 AGENCY:   Coast Guard, DHS.                             Ocean adjacent to Ocean City, MD.                      direct agencies to assess the costs and
                                                 ACTION:   Notice of proposed rulemaking.                Hazards from the air show include                      benefits of available regulatory
                                                                                                         participants operating adjacent to a                   alternatives and, if regulation is
                                                 SUMMARY:    The Coast Guard proposes to                 designated navigation channel and                      necessary, to select regulatory
                                                 establish a temporary safety zone for                   interfering with vessels intending to                  approaches that maximize net benefits.
                                                 certain waters of the North Atlantic                    operate within that channel, as well as                Executive Order 13771 directs agencies
                                                 Ocean adjacent to Ocean City, MD. This                  aircraft mishaps that involve crashing                 to control regulatory costs through a
                                                 action is necessary to provide for the                  during an air show aerobatic                           budgeting process. This NPRM has not
                                                 safety of life on the navigable waters                  performance conducted above navigable                  been designated a ‘‘significant
                                                 during an air show on May 23, 2018.                     waters located near the shoreline. The                 regulatory action,’’ under Executive
                                                 This action would prohibit persons and                  COTP Maryland-National Capital                         Order 12866. Accordingly, the NPRM
                                                 vessels from entering the safety zone                   Region has determined that potential                   has not been reviewed by the Office of
                                                 unless authorized by the Captain of the                 hazards associated with the air show                   Management and Budget (OMB), and
                                                 Port Maryland-National Capital Region                   would be a safety concern for anyone                   pursuant to OMB guidance it is exempt
                                                 or a designated representative. We                      intending to operate within certain                    from the requirements of Executive
                                                 invite your comments on this proposed                   waters of the North Atlantic Ocean                     Order 13771.
                                                 rulemaking.                                             adjacent to Ocean City, MD.                               This regulatory action determination
                                                 DATES: Comments and related material                       The purpose of this rulemaking is to                is based on the size, location, duration,
                                                 must be received by the Coast Guard on                  ensure the safety of persons and vessels               and day-of-week of the safety zone.
                                                 or before May 16, 2018.                                 on certain waters of the North Atlantic                Vessel traffic will be able to safely
                                                                                                         Ocean before, during, and after the                    transit around this safety zone, which
                                                 ADDRESSES: You may submit comments
                                                                                                         scheduled event. The Coast Guard                       would impact a small designated area of
                                                 identified by docket number USCG–
                                                                                                         proposes this rulemaking under                         the North Atlantic Ocean for less than
                                                 2018–0270 using the Federal
                                                                                                         authority in 33 U.S.C. 1231.                           3 hours during a Wednesday before
                                                 eRulemaking Portal at http://
                                                 www.regulations.gov. See the ‘‘Public                   III. Discussion of Proposed Rule                       Memorial Day when vessel traffic is
                                                 Participation and Request for                                                                                  normally low. The Coast Guard will
                                                                                                           The COTP proposes to establish a                     issue a Broadcast Notice to Mariners via
                                                 Comments’’ portion of the                               safety zone from 1:30 p.m. to 4 p.m. on
                                                 SUPPLEMENTARY INFORMATION section for
                                                                                                                                                                VHF–FM marine band channel 16 to
                                                                                                         May 23, 2018. The safety zone would                    provide information about the safety
                                                 further instructions on submitting
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                                                                         cover all waters of the North Atlantic                 zone.
                                                 comments.                                               Ocean, within an area bounded by the
                                                 FOR FURTHER INFORMATION CONTACT:   If                   following coordinates: Commencing at a                 B. Impact on Small Entities
                                                 you have questions about this proposed                  point near the shoreline at latitude                     The Regulatory Flexibility Act of
                                                 rulemaking, call or email Mr. Ron                       38°20′33.3″ N, longitude 075°04′37.7″                  1980, 5 U.S.C. 601–612, as amended,
                                                 Houck, Sector Maryland-National                         W, thence eastward to latitude                         requires Federal agencies to consider
                                                 Capital Region Waterways Management                     38°20′24.9″ N, longitude 075°04′01.5″                  the potential impact of regulations on
                                                 Division, U.S. Coast Guard; telephone                   W, thence southward to latitude                        small entities during rulemaking. The


                                            VerDate Sep<11>2014   16:32 Apr 13, 2018   Jkt 244001   PO 00000   Frm 00023   Fmt 4702   Sfmt 4702   E:\FR\FM\16APP1.SGM   16APP1


                                                 16266                    Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Proposed Rules

                                                 term ‘‘small entities’’ comprises small                 Governments, because it would not have                 V. Public Participation and Request for
                                                 businesses, not-for-profit organizations                a substantial direct effect on one or                  Comments
                                                 that are independently owned and                        more Indian tribes, on the relationship                   We view public participation as
                                                 operated and are not dominant in their                  between the Federal Government and                     essential to effective rulemaking, and
                                                 fields, and governmental jurisdictions                  Indian tribes, or on the distribution of               will consider all comments and material
                                                 with populations of less than 50,000.                   power and responsibilities between the                 received during the comment period.
                                                 The Coast Guard certifies under 5 U.S.C.                Federal Government and Indian tribes.                  Your comment can help shape the
                                                 605(b) that this proposed rule would not                If you believe this proposed rule has                  outcome of this rulemaking. If you
                                                 have a significant economic impact on                   implications for federalism or Indian                  submit a comment, please include the
                                                 a substantial number of small entities.                 tribes, please contact the person listed               docket number for this rulemaking,
                                                    While some owners or operators of                    in the FOR FURTHER INFORMATION                         indicate the specific section of this
                                                 vessels intending to transit the safety                 CONTACT section.
                                                                                                                                                                document to which each comment
                                                 zone may be small entities, for the
                                                                                                         E. Unfunded Mandates Reform Act                        applies, and provide a reason for each
                                                 reasons stated in section IV.A above,
                                                                                                            The Unfunded Mandates Reform Act                    suggestion or recommendation.
                                                 this proposed rule would not have a                                                                               We encourage you to submit
                                                 significant economic impact on any                      of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                         Federal agencies to assess the effects of              comments through the Federal
                                                 vessel owner or operator.                                                                                      eRulemaking Portal at http://
                                                    If you think that your business,                     their discretionary regulatory actions. In
                                                                                                         particular, the Act addresses actions                  www.regulations.gov. If your material
                                                 organization, or governmental
                                                                                                         that may result in the expenditure by a                cannot be submitted using http://
                                                 jurisdiction qualifies as a small entity
                                                                                                         State, local, or tribal government, in the             www.regulations.gov, contact the person
                                                 and that this rule would have a
                                                                                                         aggregate, or by the private sector of                 in the FOR FURTHER INFORMATION
                                                 significant economic impact on it,
                                                                                                         $100,000,000 (adjusted for inflation) or               CONTACT section of this document for
                                                 please submit a comment (see
                                                                                                         more in any one year. Though this                      alternate instructions.
                                                 ADDRESSES) explaining why you think it
                                                                                                         proposed rule would not result in such                    We accept anonymous comments. All
                                                 qualifies and how and to what degree                                                                           comments received will be posted
                                                 this rule would economically affect it.                 an expenditure, we do discuss the
                                                                                                         effects of this rule elsewhere in this                 without change to http://
                                                    Under section 213(a) of the Small
                                                                                                         preamble.                                              www.regulations.gov and will include
                                                 Business Regulatory Enforcement
                                                                                                                                                                any personal information you have
                                                 Fairness Act of 1996 (Pub. L. 104–121),                 F. Environment                                         provided. For more about privacy and
                                                 we want to assist small entities in
                                                                                                           We have analyzed this proposed rule                  the docket, visit http://
                                                 understanding this proposed rule. If the
                                                                                                         under Department of Homeland                           www.regulations.gov/privacyNotice.
                                                 rule would affect your small business,                                                                            Documents mentioned in this NPRM
                                                 organization, or governmental                           Security Directive 023–01, which guides
                                                                                                         the Coast Guard in complying with the                  as being available in the docket, and all
                                                 jurisdiction and you have questions                                                                            public comments, will be in our online
                                                 concerning its provisions or options for                National Environmental Policy Act of
                                                                                                         1969 (42 U.S.C. 4321–4370f), and have                  docket at http://www.regulations.gov
                                                 compliance, please contact the person                                                                          and can be viewed by following that
                                                 listed in the FOR FURTHER INFORMATION                   made a preliminary determination that
                                                                                                         this action is one of a category of actions            website’s instructions. Additionally, if
                                                 CONTACT section. The Coast Guard will
                                                                                                         that do not individually or cumulatively               you go to the online docket and sign up
                                                 not retaliate against small entities that                                                                      for email alerts, you will be notified
                                                 question or complain about this                         have a significant effect on the human
                                                                                                         environment. This proposed rule                        when comments are posted or a final
                                                 proposed rule or any policy or action of                                                                       rule is published.
                                                 the Coast Guard.                                        involves a safety zone lasting less than
                                                                                                         3 hours that would prohibit vessel                     List of Subjects in 33 CFR Part 165
                                                 C. Collection of Information                            movement within a small portion of the
                                                                                                                                                                  Harbors, Marine safety, Navigation
                                                   This proposed rule would not call for                 North Atlantic Ocean. Normally such
                                                                                                                                                                (water), Reporting and recordkeeping
                                                 a new collection of information under                   actions are categorically excluded from
                                                                                                                                                                requirements, Security measures,
                                                 the Paperwork Reduction Act of 1995                     further review under paragraph L60(a)
                                                                                                                                                                Waterways.
                                                 (44 U.S.C. 3501–3520).                                  of Appendix A, Table 1 of DHS
                                                                                                         Instruction Manual 023–01–001–01,                        For the reasons discussed in the
                                                 D. Federalism and Indian Tribal                         Rev. 01. A preliminary Record of                       preamble, the Coast Guard proposes to
                                                 Governments                                             Environmental Consideration                            amend 33 CFR part 165 as follows:
                                                    A rule has implications for federalism               supporting this determination is                       PART 165—REGULATED NAVIGATION
                                                 under Executive Order 13132,                            available in the docket where indicated                AREAS AND LIMITED ACCESS AREAS
                                                 Federalism, if it has a substantial direct              under ADDRESSES. We seek any
                                                 effect on the States, on the relationship               comments or information that may lead                  ■ 1. The authority citation for part 165
                                                 between the national government and                     to the discovery of a significant                      continues to read as follows:
                                                 the States, or on the distribution of                   environmental impact from this                           Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                 power and responsibilities among the                    proposed rule.                                         33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                 various levels of government. We have                                                                          Department of Homeland Security Delegation
                                                 analyzed this proposed rule under that                  G. Protest Activities
                                                                                                                                                                No. 0170.1.
                                                 Order and have determined that it is                      The Coast Guard respects the First                   ■ 2. Add § 165.T05–0270 to read as
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                                                 consistent with the fundamental                         Amendment rights of protesters.                        follows:
                                                 federalism principles and preemption                    Protesters are asked to contact the
                                                 requirements described in Executive                     person listed in the FOR FURTHER                       § 165.T05–0270 Safety Zone; North
                                                 Order 13132.                                            INFORMATION CONTACT section to                         Atlantic Ocean, Ocean City, MD.
                                                    Also, this proposed rule does not have               coordinate protest activities so that your               (a) Location. The following area is a
                                                 tribal implications under Executive                     message can be received without                        safety zone: All waters of the North
                                                 Order 13175, Consultation and                           jeopardizing the safety or security of                 Atlantic Ocean, within an area bounded
                                                 Coordination with Indian Tribal                         people, places, or vessels.                            by the following coordinates:


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                                                                          Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Proposed Rules                                                      16267

                                                 Commencing at a point near the                          patrol and enforcement of the zone by                  FR Federal Register
                                                 shoreline at latitude 38°20′33.3″ N,                    Federal, State, and local agencies.                    NPRM Notice of proposed rulemaking
                                                 longitude 075°04′37.7″ W, thence                          (d) Enforcement period. This section                 § Section
                                                 eastward to latitude 38°20′24.9″ N,                     will be enforced from 1:30 p.m. to 4                   USACE U.S. Army Corps of Engineers
                                                 longitude 075°04′01.5″ W, thence                        p.m. on May 23, 2018.                                  U.S.C. United States Code
                                                 southward to latitude 38°19′18.4″ N,                      Dated: April 9, 2018.                                II. Background Information and
                                                 longitude 075°04′26.9″ W, thence
                                                                                                         Lonnie P. Harrison, Jr.,                               Regulatory History
                                                 westward to latitude 38°19′27.0″ N,
                                                                                                         Captain, U.S. Coast Guard, Captain of the
                                                 longitude 075°05′03.0″ W, thence                                                                                 On August 14, 2017, the Coast Guard
                                                                                                         Port Maryland-National Capital Region.
                                                 northward to point of origin, located                                                                          established a temporary safety zone for
                                                                                                         [FR Doc. 2018–07825 Filed 4–13–18; 8:45 am]
                                                 adjacent to Ocean City, MD. All                                                                                the upper reaches of Taylor Bayou Basin
                                                 coordinates refer to datum NAD 1983.                    BILLING CODE 9110–04–P
                                                                                                                                                                in Port Arthur, TX.1 That emergency
                                                    (b) Definitions. As used in this                                                                            action was necessary to protect the
                                                 section:                                                                                                       damaged flood protection levee and
                                                    (1) Captain of the Port Maryland-                    DEPARTMENT OF HOMELAND
                                                                                                         SECURITY                                               bulkhead during stabilization efforts.
                                                 National Capital Region means the
                                                 Commander, U.S. Coast Guard Sector                                                                             The U. S. Army Corps of Engineers
                                                                                                         Coast Guard                                            (USACE) and the local drainage district
                                                 Maryland-National Capital Region.
                                                    (2) Designated representative means                                                                         initiated and completed emergency
                                                 any Coast Guard commissioned,                           33 CFR Part 165                                        repairs to protect against potential storm
                                                 warrant, or petty officer who has been                  [Docket Number USCG–2017–0914]
                                                                                                                                                                surge during hurricane season.
                                                 authorized by the Captain of the Port                                                                          Permanent repairs to the flood
                                                 Maryland-National Capital Region to                     RIN 1625–AA00                                          protection wall are now necessary. They
                                                 assist in enforcement of the safety zone                                                                       are extensive and are expected to take
                                                 described in paragraph (a) of this                      Safety Zone; Taylor Bayou Turning                      approximately five to seven years.
                                                 section.                                                Basin, Port Arthur, TX                                 Damage to the temporary repairs would
                                                    (c) Regulations. The general safety                  AGENCY:   Coast Guard, DHS.                            make the surrounding community
                                                 zone regulations found in 33 CFR part                                                                          susceptible to flooding during storm
                                                                                                         ACTION:   Notice of proposed rulemaking.
                                                 165, subpart C apply to the safety zone                                                                        surge or extreme tide events that may
                                                 created by this section.                                SUMMARY:   The Coast Guard proposes to                 endanger persons and property in the
                                                    (1) All persons are required to comply               establish a temporary safety zone for the              surrounding community. The USACE
                                                 with the general regulations governing                  upper reaches of Taylor Bayou Turning                  has requested, and the Coast Guard
                                                 safety zones found in 33 CFR 165.23.                    Basin in Port Arthur, TX. This action is               concurs, that protection measures must
                                                    (2) Entry into or remaining in this                  necessary to provide protection for the                be instituted until permanent repairs are
                                                 safety zone is prohibited unless                        levee and temporary protection wall                    completed.
                                                 authorized by the Coast Guard Captain                   located at the north end of the turning
                                                 of the Port Maryland-National Capital                                                                            The purpose of this rulemaking is to
                                                                                                         basin until permanent repairs can be                   ensure the safety of the surrounding
                                                 Region. All vessels underway within                     effected. This proposed rulemaking
                                                 this safety zone at the time it is                                                                             community and to protect persons,
                                                                                                         would prohibit persons and vessels                     vessels, and the environment during
                                                 implemented are to depart the zone.                     from entering the safety zone unless
                                                    (3) Persons desiring to transit the area                                                                    permanent repairs to the Taylor Bayou
                                                                                                         authorized by the Captain of the Port                  Turning Basin flood protection wall.
                                                 of the safety zone shall obtain                         Marine Safety Unit Port Arthur (COTP)
                                                 authorization from the Captain of the                                                                          Therefore, the Coast Guard proposes to
                                                                                                         or a designated representative. We                     establish a temporary safety zone until
                                                 Port Maryland-National Capital Region                   invite your comments on this proposed
                                                 or designated representative. To request                                                                       permanent repairs are completed. The
                                                                                                         rulemaking.                                            Coast Guard proposes this rulemaking
                                                 permission to transit the area, the
                                                                                                         DATES: Comments and related material                   under the authority of 33 U.S.C. 1231.
                                                 Captain of the Port Maryland-National
                                                 Capital Region and or designated                        must be received by the Coast Guard on
                                                                                                         or before June 15, 2018.                               III. Discussion of the Proposed Rule
                                                 representatives can be contacted at
                                                 telephone number 410–576–2693 or on                     ADDRESSES: To view documents                              The Coast Guard proposes to establish
                                                 marine band radio VHF–FM channel 16                     mentioned in this preamble as being                    a temporary safety zone for navigable
                                                 (156.8 MHz). The Coast Guard vessels                    available in the docket, go to http://                 waters of Taylor Bayou Turning Basin
                                                 enforcing this section can be contacted                 www.regulations.gov, type USCG–2017–                   north of latitude 29°50′57.45″ N until
                                                 on marine band radio VHF–FM channel                     0914 in the ‘‘SEARCH’’ box and click                   January 31, 2023. The duration of the
                                                 16 (156.8 MHz). Upon being hailed by                    ‘‘SEARCH.’’ Click on Open Docket                       zone is intended to endure the safety of
                                                 a U.S. Coast Guard vessel, or other                     Folder on the line associated with this                persons, vessels, and the environment
                                                 Federal, State, or local agency vessel, by              rule.                                                  until permanent repairs to the flood
                                                 siren, radio, flashing light, or other                  FOR FURTHER INFORMATION CONTACT: If                    protection system are completed. No
                                                 means, the operator of a vessel shall                   you have questions on this rulemaking,                 person or vessel would be permitted to
                                                 proceed as directed. If permission is                   call or email Mr. Scott Whalen, Marine                 enter the safety zone without obtaining
                                                 granted to enter the safety zone, all                   Safety Unit Port Arthur, U.S. Coast                    permission from the Captain of the Port
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                                                 persons and vessels shall comply with                   Guard; telephone 409–719–5086, email                   Marine Safety Unit Port Arthur (COTP)
                                                 the instructions of the Captain of the                  scott.k.whalen@uscg.mil.                               or a designated representative. The
                                                 Port Maryland-National Capital Region                   SUPPLEMENTARY INFORMATION:                             regulatory text we are proposing appears
                                                 or designated representative and                                                                               at the end of this document.
                                                 proceed as directed while within the                    I. Table of Abbreviations
                                                 zone.                                                   CFR Code of Federal Regulations                          1 See the temporary final rule titled Safety Zone;
                                                    (4) Enforcement officials. The U.S.                  COTP Captain of the Port, Port Arthur                  Taylor Bayou Turning Basin, Port Arthur, TX,
                                                 Coast Guard may be assisted in the                      DHS Department of Homeland Security                    Docket No. USCG–2017–0797.



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Document Created: 2018-04-14 02:19:06
Document Modified: 2018-04-14 02:19:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before May 16, 2018.
ContactIf 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]
FR Citation83 FR 16265 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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