83_FR_23910 83 FR 23810 - Safety Zone; North Atlantic Ocean, Ocean City, MD

83 FR 23810 - Safety Zone; North Atlantic Ocean, Ocean City, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 100 (May 23, 2018)

Page Range23810-23812
FR Document2018-11072

The Coast Guard is establishing a temporary safety zone for certain waters of the North Atlantic Ocean adjacent to Ocean City, MD. This action is necessary to provide for the safety of life on the navigable waters during an air show on May 23, 2018. This action will prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative.

Federal Register, Volume 83 Issue 100 (Wednesday, May 23, 2018)
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Rules and Regulations]
[Pages 23810-23812]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11072]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Safety Zone; North Atlantic Ocean, Ocean City, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the North Atlantic Ocean adjacent to Ocean City, MD. 
This action is necessary to provide for the safety of life on the 
navigable waters during an air show on May 23, 2018. This action will 
prohibit persons and vessels from entering the safety zone unless 
authorized by the Captain of the Port Maryland-National Capital Region 
or a designated representative.

[[Page 23811]]


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

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

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, Sector Maryland-National Capital Region 
Waterways Management Division, U.S. Coast Guard; telephone 410-576-
2674, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On February 21, 2018, the Town of Ocean City, MD notified the Coast 
Guard that from 2 p.m. to 3:30 p.m. on May 23, 2018, it will be 
conducting the Canadian Snowbirds Air Show Featurette above the North 
Atlantic Ocean adjacent to Ocean City, MD. In response, on April 16, 
2018, the Coast Guard published a notice of proposed rulemaking (NPRM) 
titled ``Safety Zone; North Atlantic Ocean, Ocean City, MD'' (83 FR 
16265). There we stated why we issued the NPRM, and invited comments on 
our proposed regulatory action related to this fireworks display. 
During the comment period that ended May 16, 2018, we received no 
comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to public interest because immediate action 
is needed to respond to the potential safety hazards associated with an 
air show.

III. Legal Authority and Need for Rule

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

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April 
16, 2018. Therefore, there are no substantive changes in the regulatory 
text of this rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from 1:30 p.m. to 4 p.m. on May 
23, 2018. The safety zone will cover all waters of the North Atlantic 
Ocean, within an area bounded by the following coordinates: commencing 
at a point near the shoreline at latitude 38[deg]20'33.3'' N, longitude 
075[deg]04'37.7'' W, thence eastward to latitude 38[deg]20'24.9'' N, 
longitude 075[deg]04'01.5'' W, thence southward to latitude 
38[deg]19'18.4'' N, longitude 075[deg]04'26.9'' W, thence westward to 
latitude 38[deg]19'27.0'' N, longitude 075[deg]05'03.0'' W, thence 
northward to point of origin, located adjacent to Ocean City, MD. The 
duration of the zone is intended to ensure the safety of life on these 
navigable waters before, during, and after the scheduled 2 p.m. air 
show. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
duration, and time-of-day of the safety zone. Vessel traffic will be 
able to safely transit around this safety zone, which would impact a 
small designated area for less than 3 hours during a Wednesday before 
Memorial Day when vessel traffic in the North Atlantic Ocean is 
normally low. The Coast Guard will issue a Broadcast Notice to Mariners 
via VHF-FM marine band radio channel 16 to provide information about 
the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

[[Page 23812]]

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule involves 
a safety zone lasting less than three hours that would prohibit vessel 
movement within a portion of the North Atlantic Ocean. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1

0
2. Add Sec.  [thinsp]165.T05-0270 to read as follows:


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

    (a) Location. The following area is a safety zone: All waters of 
the North Atlantic Ocean, within an area bounded by the following 
coordinates: Commencing at a point near the shoreline at latitude 
38[deg]20'33.3'' N, longitude 075[deg]04'37.7'' W, thence eastward to 
latitude 38[deg]20'24.9'' N, longitude 075[deg]04'01.5'' W, thence 
southward to latitude 38[deg]19'18.4'' N, longitude 075[deg]04'26.9'' 
W, thence westward to latitude 38[deg]19'27.0'' N, longitude 
075[deg]05'03.0'' W, thence northward to point of origin, located 
adjacent to Ocean City, MD. All coordinates refer to datum NAD 1983.
    (b) Definitions. As used in this section:
    (1) Captain of the Port Maryland-National Capital Region means the 
Commander, U.S. Coast Guard Sector Maryland-National Capital Region.
    (2) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Maryland-National Capital Region to assist in enforcement of the 
safety zone described in paragraph (a) of this section.
    (c) Regulations. The general safety zone regulations found in 33 
CFR part 165, subpart C apply to the safety zone created by this 
section.
    (1) All persons are required to comply with the general regulations 
governing safety zones found in 33 CFR 165.23.
    (2) Entry into or remaining in this safety zone is prohibited 
unless authorized by the Coast Guard Captain of the Port Maryland-
National Capital Region. All vessels underway within this safety zone 
at the time it is implemented are to depart the zone.
    (3) Persons desiring to transit the area of the safety zone are to 
obtain authorization from the Captain of the Port Maryland-National 
Capital Region or designated representative. To request permission to 
transit the area, the Captain of the Port Maryland-National Capital 
Region and or designated representatives can be contacted at telephone 
number 410-576-2693 or on marine band radio VHF-FM channel 16 (156.8 
MHz). The Coast Guard vessels enforcing this section can be contacted 
on marine band radio VHF-FM channel 16 (156.8 MHz). Upon being hailed 
by a U.S. Coast Guard vessel, or other Federal, State, or local agency 
vessel, by siren, radio, flashing light, or other means, the operator 
of a vessel shall proceed as directed. If permission is granted to 
enter the safety zone, all persons and vessels must comply with the 
instructions of the Captain of the Port Maryland-National Capital 
Region or designated representative and proceed as directed while 
within the zone.
    (4) Enforcement officials. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the zone by Federal, State, and local 
agencies.
    (d) Enforcement period. This section will be enforced from 1:30 
p.m. to 4 p.m. on May 23, 2018.

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



                                             23810                 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations

                                                                                                                                                  TABLE TWO
                                                                                                                                    Forward                                     AFT anchor                                            Side                 Side                   Side
                                                                                                                                     anchor                                          light,                                          lights,              lights,                lights,
                                                                                                                                                            Forward
                                                                                                        Masthead                       light,                                     distance             AFT anchor                   distance            distance               distance
                                                                                                                                                             anchor
                                                                                                         lights,                    distance                                        below                lights                      below             forward of             inboard of
                                                                                                                                                          light, num-
                                                    Vessel                    Number               distance to stbd of                below                                       flight dk            number of;                     flight           masthead                  ship’s
                                                                                                                                                               ber
                                                                                                     keel in meters;                flight dk                                    in meters;               Rule                     dk in me-             light in               sides in
                                                                                                                                                            of; Rule
                                                                                                       Rule 21(a)                  in meters;                                   Rule 21(e),             30(a)(ii)                      ters;             meters;                meters;
                                                                                                                                                             30(a)(i)
                                                                                                                                      § 2(K)                                         Rule                                            § 2(g)              § 3(b),                 § 3(b),
                                                                                                                                     Annex I                                      30(a)(ii)                                        , Annex I            Annex I                 Annex I


                                                                     *                         *                       *                                     *                                *                                *                                *
                                             LCAC Class ..........       LCAC 1 through            5.26 (Perm.) .........                       1.5      ....................   ....................   ....................    ....................   ....................                 1.5
                                                                           LCAC 91.
                                             LCAC Class ..........       LCAC 1 through            3.98 (Temp.) ........                        1.5      ....................   ....................   ....................    ....................   ....................                  1.5
                                                                           LCAC 91.
                                             LCAC Class ..........       LCAC 100 through          5.2 ........................   ....................   ....................   ....................   ....................    ....................                  1.8     ....................
                                                                           173.

                                                                     *                         *                             *                               *                                *                                *                                *



                                             *     *     *     *    *                                                displayed in lieu of the permanent                                                     angles relative to the LCAC(1 through
                                               9. On LCAC 1 through 91 amphibious                                    masthead light only when LCAC 1                                                        91)’s heading, from 37.00 degrees thru
                                             vessels, full compliance with Rules                                     through 91 amphibious vessels are                                                      90.00 degrees up to a distance of 112.5
                                             21(a), 21(b) and Annex I, section 2(a)(i),                              operating with amphibious assault                                                      meters from the craft and from 267.75
                                             72 COLREGS, cannot be obtained.                                         vessels. When operating in this mode,                                                  degrees thru 277.25 degrees.
                                             Tables One and Two of section 706.2                                     the sidelights are displayed at a height
                                             provide the dimensions of closest                                                                                                                                 On LCAC 100 through 173
                                                                                                                     greater than three-quarters of the height
                                             possible compliance of LCAC 1 through                                   of the temporary masthead light. The                                                   amphibious vessels, full compliance
                                             91 amphibious vessels with the                                          sidelights are located on top of the port                                              with Annex I, Paragraphs 2(i)(i) and
                                             aforementioned rules. The following                                     and starboard deckhouses to permit the                                                 9(b)(i), 72 COLREGS, cannot be
                                             paragraph details the specific                                          required unobstructed arcs of visibility                                               obtained. The upper and lower Not
                                             dimensions of closest possible                                          and are 3.28 meters above the hull,                                                    Under Command lights, located above
                                             compliance and the basis for                                            resulting in a vertical separation                                                     the command module, are spaced 1.0
                                             certification by the Secretary of the                                   between those lights and the temporary                                                 meters (3.3 feet) apart with the lower
                                             Navy that full compliance with the                                      masthead light of 0.78 meters. Because                                                 light at a height of 3.3 meters (10.8 feet)
                                             aforementioned rules is not obtainable.                                 of the minimal vertical separation                                                     above the hull. The lower Not Under
                                               On LCAC 1 through 91 amphibious                                       between the sidelights and the                                                         Command Light has angles of
                                             vessels, there are permanent and                                        temporary masthead light and the                                                       obstruction from 83.0 to 111.0 degrees,
                                             temporary masts. The permanent                                          luminous intensity of the temporary                                                    137.0 to 145.5 degrees, 158.7 to 177.3
                                             masthead light is located 5.26 meters                                   light, the sidelights on these vessels may                                             degrees, 171.7 to 184.1 degrees, 197.9 to
                                             athwartship to port of centerline 5.49                                  not be distinguishable by the naked eye                                                209.5 degrees, 230.5 to 240.5 degrees,
                                             meters above the hull. The temporary                                    at the 2-mil range required by Rule                                                    and 244.9 to 256.5 degrees.
                                             masthead light is located 3.98 meters                                   22(b).
                                             athwartship to starboard of centerline,                                    The arc of visibility of the temporary                                              *      *     *    *      *
                                             4.16 meters in height above the hull.                                   masthead light required by rule 21(a)                                                     16. * * *
                                             The temporary masthead light is                                         may be obstructed at the following

                                                                         Vessel                                                                          Number                                                  Obstruction angle relative ship’s heading


                                                     *                              *                                 *                 *                           *                                                      *                                                 *
                                             LCAC (class) .....................................................      LCAC 100 through LCAC 173 ..........................                                   83 thru 84 [degrees].

                                                          *                            *                                 *                                   *                                     *                                    *                                    *



                                             *       *        *          *      *                                    DEPARTMENT OF HOMELAND                                                                 ACTION:            Temporary final rule.
                                               Approved: April 9, 2018.                                              SECURITY
                                                                                                                                                                                                            SUMMARY:    The Coast Guard is
                                             A.S. Janin,                                                                                                                                                    establishing a temporary safety zone for
                                                                                                                     Coast Guard
                                             Captain, USN, JAGC, Deputy Assistant Judge                                                                                                                     certain waters of the North Atlantic
                                             Advocate General (Admiralty and Maritime                                                                                                                       Ocean adjacent to Ocean City, MD. This
                                             Law).
                                                                                                                     33 CFR Part 165
                                                                                                                                                                                                            action is necessary to provide for the
                                               Dated: April 9, 2018.                                                 [Docket Number USCG–2018–0270]                                                         safety of life on the navigable waters
daltland on DSKBBV9HB2PROD with RULES




                                             E.K. Baldini,                                                                                                                                                  during an air show on May 23, 2018.
                                             Lieutenant Commander, Judge Advocate                                    RIN 1625–AA00                                                                          This action will prohibit persons and
                                             General’s Corps, U.S. Navy, Federal Register                                                                                                                   vessels from entering the safety zone
                                             Liaison Officer.                                                        Safety Zone; North Atlantic Ocean,
                                                                                                                     Ocean City, MD                                                                         unless authorized by the Captain of the
                                             [FR Doc. 2018–11064 Filed 5–22–18; 8:45 am]                                                                                                                    Port Maryland-National Capital Region
                                             BILLING CODE 3810–FF–P                                                  AGENCY:          Coast Guard, DHS.                                                     or a designated representative.


                                        VerDate Sep<11>2014       16:18 May 22, 2018       Jkt 244001        PO 00000        Frm 00036          Fmt 4700         Sfmt 4700         E:\FR\FM\23MYR1.SGM                        23MYR1


                                                              Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations                                           23811

                                             DATES: This rule is effective from 1:30                 MD. The purpose of this rule is to                    will be able to safely transit around this
                                             p.m. to 4 p.m. on May 23, 2018.                         ensure the safety of vessels and the                  safety zone, which would impact a
                                             ADDRESSES: To view documents                            navigable waters in the safety zone                   small designated area for less than 3
                                             mentioned in this preamble as being                     before, during, and after the scheduled               hours during a Wednesday before
                                             available in the docket, go to http://                  event.                                                Memorial Day when vessel traffic in the
                                             www.regulations.gov, type USCG–2018–                    IV. Discussion of Comments, Changes,                  North Atlantic Ocean is normally low.
                                             0270 in the ‘‘SEARCH’’ box and click                    and the Rule                                          The Coast Guard will issue a Broadcast
                                             ‘‘SEARCH.’’ Click on Open Docket                                                                              Notice to Mariners via VHF–FM marine
                                             Folder on the line associated with this                    As noted above, we received no                     band radio channel 16 to provide
                                             rule.                                                   comments on our NPRM published                        information about the safety zone.
                                                                                                     April 16, 2018. Therefore, there are no
                                             FOR FURTHER INFORMATION CONTACT: If                     substantive changes in the regulatory                 B. Impact on Small Entities
                                             you have questions on this rule, call or                text of this rule from the proposed rule
                                             email Mr. Ronald Houck, Sector                                                                                   The Regulatory Flexibility Act of
                                                                                                     in the NPRM.
                                             Maryland-National Capital Region                           This rule establishes a safety zone                1980, 5 U.S.C. 601–612, as amended,
                                             Waterways Management Division, U.S.                     from 1:30 p.m. to 4 p.m. on May 23,                   requires Federal agencies to consider
                                             Coast Guard; telephone 410–576–2674,                    2018. The safety zone will cover all                  the potential impact of regulations on
                                             email Ronald.L.Houck@uscg.mil.                          waters of the North Atlantic Ocean,                   small entities during rulemaking. The
                                             SUPPLEMENTARY INFORMATION:                              within an area bounded by the                         term ‘‘small entities’’ comprises small
                                                                                                     following coordinates: commencing at a                businesses, not-for-profit organizations
                                             I. Table of Abbreviations                                                                                     that are independently owned and
                                                                                                     point near the shoreline at latitude
                                                                                                     38°20′33.3″ N, longitude 075°04′37.7″                 operated and are not dominant in their
                                             CFR Code of Federal Regulations                                                                               fields, and governmental jurisdictions
                                             DHS Department of Homeland Security                     W, thence eastward to latitude
                                                                                                     38°20′24.9″ N, longitude 075°04′01.5″                 with populations of less than 50,000.
                                             FR Federal Register
                                             NPRM Notice of proposed rulemaking                      W, thence southward to latitude                       The Coast Guard received no comments
                                             § Section                                               38°19′18.4″ N, longitude 075°04′26.9″                 from the Small Business Administration
                                             U.S.C. United States Code                               W, thence westward to latitude                        on this rulemaking. The Coast Guard
                                                                                                     38°19′27.0″ N, longitude 075°05′03.0″                 certifies under 5 U.S.C. 605(b) that this
                                             II. Background Information and                                                                                rule will not have a significant
                                             Regulatory History                                      W, thence northward to point of origin,
                                                                                                     located adjacent to Ocean City, MD. The               economic impact on a substantial
                                                On February 21, 2018, the Town of                    duration of the zone is intended to                   number of small entities.
                                             Ocean City, MD notified the Coast                       ensure the safety of life on these                       While some owners or operators of
                                             Guard that from 2 p.m. to 3:30 p.m. on                  navigable waters before, during, and                  vessels intending to transit the safety
                                             May 23, 2018, it will be conducting the                 after the scheduled 2 p.m. air show. No               zone may be small entities, for the
                                             Canadian Snowbirds Air Show                             vessel or person will be permitted to                 reasons stated in section V.A above, this
                                             Featurette above the North Atlantic                     enter the safety zone without obtaining               rule will not have a significant
                                             Ocean adjacent to Ocean City, MD. In                    permission from the COTP or a                         economic impact on any vessel owner
                                             response, on April 16, 2018, the Coast                  designated representative.                            or operator.
                                             Guard published a notice of proposed
                                             rulemaking (NPRM) titled ‘‘Safety Zone;                 V. Regulatory Analyses                                   Under section 213(a) of the Small
                                             North Atlantic Ocean, Ocean City, MD’’                                                                        Business Regulatory Enforcement
                                                                                                       We developed this rule after                        Fairness Act of 1996 (Pub. L. 104–121),
                                             (83 FR 16265). There we stated why we                   considering numerous statutes and
                                             issued the NPRM, and invited                                                                                  we want to assist small entities in
                                                                                                     Executive orders related to rulemaking.               understanding this rule. If the rule
                                             comments on our proposed regulatory                     Below we summarize our analyses
                                             action related to this fireworks display.                                                                     would affect your small business,
                                                                                                     based on a number of these statutes and               organization, or governmental
                                             During the comment period that ended                    Executive orders, and we discuss First
                                             May 16, 2018, we received no                                                                                  jurisdiction and you have questions
                                                                                                     Amendment rights of protestors.                       concerning its provisions or options for
                                             comments.
                                                Under 5 U.S.C. 553(d)(3), the Coast                  A. Regulatory Planning and Review                     compliance, please contact the person
                                             Guard finds that good cause exists for                     Executive Orders 12866 and 13563                   listed in the FOR FURTHER INFORMATION
                                                                                                                                                           CONTACT section.
                                             making this rule effective less than 30                 direct agencies to assess the costs and
                                             days after publication in the Federal                   benefits of available regulatory                         Small businesses may send comments
                                             Register. Delaying the effective date of                alternatives and, if regulation is                    on the actions of Federal employees
                                             this rule would be contrary to public                   necessary, to select regulatory                       who enforce, or otherwise determine
                                             interest because immediate action is                    approaches that maximize net benefits.                compliance with, Federal regulations to
                                             needed to respond to the potential                      Executive Order 13771 directs agencies                the Small Business and Agriculture
                                             safety hazards associated with an air                   to control regulatory costs through a                 Regulatory Enforcement Ombudsman
                                             show.                                                   budgeting process. This rule has not                  and the Regional Small Business
                                                                                                     been designated a ‘‘significant                       Regulatory Fairness Boards. The
                                             III. Legal Authority and Need for Rule                                                                        Ombudsman evaluates these actions
                                                                                                     regulatory action,’’ under Executive
                                               The Coast Guard is issuing this rule                  Order 12866. Accordingly, this rule has               annually and rates each agency’s
                                             under authority in 33 U.S.C. 1231. The                  not been reviewed by the Office of                    responsiveness to small business. If you
                                             Captain of the Port Maryland-National                                                                         wish to comment on actions by
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     Management and Budget (OMB), and
                                             Capital Region (COTP) has determined                    pursuant to OMB guidance it is exempt                 employees of the Coast Guard, call 1–
                                             that potential hazards associated with                  from the requirements of Executive                    888–REG–FAIR (1–888–734–3247). The
                                             this May 23, 2018 air show will be a                    Order 13771.                                          Coast Guard will not retaliate against
                                             safety concern for anyone operating                        This regulatory action determination               small entities that question or complain
                                             within certain waters of the North                      is based on the size, duration, and time-             about this rule or any policy or action
                                             Atlantic Ocean adjacent to Ocean City,                  of-day of the safety zone. Vessel traffic             of the Coast Guard.


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                                             23812            Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations

                                             C. Collection of Information                            review under paragraph L60(a) of                      assist in enforcement of the safety zone
                                               This rule will not call for a new                     Appendix A, Table 1 of DHS Instruction                described in paragraph (a) of this
                                             collection of information under the                     Manual 023–01–001–01, Rev. 01. A                      section.
                                             Paperwork Reduction Act of 1995 (44                     Record of Environmental Consideration                    (c) Regulations. The general safety
                                             U.S.C. 3501–3520).                                      supporting this determination is                      zone regulations found in 33 CFR part
                                                                                                     available in the docket where indicated
                                             D. Federalism and Indian Tribal                                                                               165, subpart C apply to the safety zone
                                                                                                     under ADDRESSES.
                                             Governments                                                                                                   created by this section.
                                                                                                     G. Protest Activities                                    (1) All persons are required to comply
                                                A rule has implications for federalism
                                             under Executive Order 13132,                              The Coast Guard respects the First                  with the general regulations governing
                                             Federalism, if it has a substantial direct              Amendment rights of protesters.                       safety zones found in 33 CFR 165.23.
                                             effect on the States, on the relationship               Protesters are asked to contact the                      (2) Entry into or remaining in this
                                             between the national government and                     person listed in the FOR FURTHER                      safety zone is prohibited unless
                                             the States, or on the distribution of                   INFORMATION CONTACT section to
                                                                                                                                                           authorized by the Coast Guard Captain
                                             power and responsibilities among the                    coordinate protest activities so that your
                                                                                                                                                           of the Port Maryland-National Capital
                                             various levels of government. We have                   message can be received without
                                                                                                                                                           Region. All vessels underway within
                                             analyzed this rule under that Order and                 jeopardizing the safety or security of
                                                                                                     people, places or vessels.                            this safety zone at the time it is
                                             have determined that it is consistent
                                                                                                                                                           implemented are to depart the zone.
                                             with the fundamental federalism                         List of Subjects in 33 CFR Part 165
                                             principles and preemption requirements                                                                           (3) Persons desiring to transit the area
                                             described in Executive Order 13132.                       Harbors, Marine safety, Navigation                  of the safety zone are to obtain
                                                Also, this rule does not have tribal                 (water), Reporting and recordkeeping                  authorization from the Captain of the
                                             implications under Executive Order                      requirements, Security measures,                      Port Maryland-National Capital Region
                                             13175, Consultation and Coordination                    Waterways.                                            or designated representative. To request
                                             with Indian Tribal Governments,                           For the reasons discussed in the                    permission to transit the area, the
                                             because it does not have a substantial                  preamble, the Coast Guard amends 33                   Captain of the Port Maryland-National
                                             direct effect on one or more Indian                     CFR part 165 as follows:                              Capital Region and or designated
                                             tribes, on the relationship between the                                                                       representatives can be contacted at
                                             Federal Government and Indian tribes,                   PART 165—REGULATED NAVIGATION
                                                                                                                                                           telephone number 410–576–2693 or on
                                             or on the distribution of power and                     AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                           marine band radio VHF–FM channel 16
                                             responsibilities between the Federal
                                                                                                     ■ 1. The authority citation for part 165              (156.8 MHz). The Coast Guard vessels
                                             Government and Indian tribes. If you
                                                                                                     continues to read as follows:                         enforcing this section can be contacted
                                             believe this rule has implications for
                                             federalism or Indian tribes, please                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                                                                           on marine band radio VHF–FM channel
                                             contact the person listed in the FOR                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             16 (156.8 MHz). Upon being hailed by
                                             FURTHER INFORMATION CONTACT section.                    Department of Homeland Security Delegation            a U.S. Coast Guard vessel, or other
                                                                                                     No. 0170.1                                            Federal, State, or local agency vessel, by
                                             E. Unfunded Mandates Reform Act                         ■ 2. Add § 165.T05–0270 to read as                    siren, radio, flashing light, or other
                                               The Unfunded Mandates Reform Act                      follows:                                              means, the operator of a vessel shall
                                             of 1995 (2 U.S.C. 1531–1538) requires                                                                         proceed as directed. If permission is
                                             Federal agencies to assess the effects of               § 165.T05–0270 Safety Zone; North                     granted to enter the safety zone, all
                                             their discretionary regulatory actions. In              Atlantic Ocean, Ocean City, MD
                                                                                                                                                           persons and vessels must comply with
                                             particular, the Act addresses actions                     (a) Location. The following area is a               the instructions of the Captain of the
                                             that may result in the expenditure by a                 safety zone: All waters of the North                  Port Maryland-National Capital Region
                                             State, local, or tribal government, in the              Atlantic Ocean, within an area bounded
                                                                                                                                                           or designated representative and
                                             aggregate, or by the private sector of                  by the following coordinates:
                                                                                                                                                           proceed as directed while within the
                                             $100,000,000 (adjusted for inflation) or                Commencing at a point near the
                                                                                                     shoreline at latitude 38°20′33.3″ N,                  zone.
                                             more in any one year. Though this rule
                                             will not result in such an expenditure,                 longitude 075°04′37.7″ W, thence                         (4) Enforcement officials. The U.S.
                                             we do discuss the effects of this rule                  eastward to latitude 38°20′24.9″ N,                   Coast Guard may be assisted in the
                                             elsewhere in this preamble.                             longitude 075°04′01.5″ W, thence                      patrol and enforcement of the zone by
                                                                                                     southward to latitude 38°19′18.4″ N,                  Federal, State, and local agencies.
                                             F. Environment                                          longitude 075°04′26.9″ W, thence                         (d) Enforcement period. This section
                                                We have analyzed this rule under                     westward to latitude 38°19′27.0″ N,                   will be enforced from 1:30 p.m. to 4
                                             Department of Homeland Security                         longitude 075°05′03.0″ W, thence                      p.m. on May 23, 2018.
                                             Directive 023–01 and Commandant                         northward to point of origin, located
                                             Instruction M16475.1D, which guide the                  adjacent to Ocean City, MD. All                         Dated: May 18, 2018.
                                             Coast Guard in complying with the                       coordinates refer to datum NAD 1983.                  Joseph B. Loring,
                                             National Environmental Policy Act of                      (b) Definitions. As used in this                    Captain, U.S. Coast Guard, Captain of the
                                             1969 (42 U.S.C. 4321–4370f), and have                   section:                                              Port Maryland-National Capital Region.
                                             determined that this action is one of a                   (1) Captain of the Port Maryland-                   [FR Doc. 2018–11072 Filed 5–22–18; 8:45 am]
                                             category of actions that do not                         National Capital Region means the                     BILLING CODE 9110–04–P
                                             individually or cumulatively have a
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     Commander, U.S. Coast Guard Sector
                                             significant effect on the human                         Maryland-National Capital Region.
                                             environment. This rule involves a safety                  (2) Designated representative means
                                             zone lasting less than three hours that                 any Coast Guard commissioned,
                                             would prohibit vessel movement within                   warrant, or petty officer who has been
                                             a portion of the North Atlantic Ocean.                  authorized by the Captain of the Port
                                             It is categorically excluded from further               Maryland-National Capital Region to


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Document Created: 2018-05-22 23:49:02
Document Modified: 2018-05-22 23:49:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 1:30 p.m. to 4 p.m. on May 23, 2018.
ContactIf you have questions on this rule, call or email Mr. Ronald Houck, Sector Maryland-National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410-576- 2674, email [email protected]
FR Citation83 FR 23810 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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