[Federal Register Volume 85, Number 154 (Monday, August 10, 2020)]
[Rules and Regulations]
[Pages 48108-48110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17480]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2020-0361]
RIN 1625-AA08
Special Local Regulation; North Atlantic Ocean, Ocean City, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for certain waters of the North Atlantic Ocean adjacent to
Ocean City, MD. This action is necessary to provide for the safety of
life on these navigable waters located at Ocean City, MD, during
activities associated with an air show event from August 13, 2020,
through August 16, 2020. This rule prohibits persons and vessels from
entering the regulated area unless authorized by the Captain of the
Port Maryland-National Capital Region or the Coast Guard Patrol
Commander.
DATES: This rule is effective from August 13, 2020, through August 16,
2020. It will be enforced from 9 a.m. to 6 p.m. each day the rule is in
effect.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0361 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST2 Shaun Landante, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone 410-576-2516, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
PATCOM Coast Guard Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because an NPRM would be impracticable and
contrary to the public interest. On June 16, 2020, the Town of Ocean
City, MD, notified the Coast Guard that it will be conducting the 2020
Ocean City Air Show from 10 a.m. to 5 p.m. on August 16, 2020. The
annual air show consists of various types of military and civilian
aircraft performing low-flying, high-speed precision maneuvers and
aerial stunts. In addition to these two air show performance dates,
approach and circle maneuvers will be conducted by the U.S. Navy's Blue
Angels flight demonstration squadron aircraft between 10 a.m. and 5
p.m. on August 13, 2020, and a full practice show rehearsal will be
conducted by all air show performers from 10 a.m. to 5 p.m. on August
14, 2020. We must establish this safety zone by August 13, 2020, to
ensure the safety of particpants and nearby waterway users. Hazards
from the air show event include risks of injury or death resulting from
aircraft accidents, dangerous projectiles, hazardous materials spills,
falling debris, and near or actual contact among participants and
spectator vessels or waterway users if normal vessel traffic were to
interfere with the event. Additionally, such hazards include
participants operating near a designated navigation channel, as well as
operating adjacent to a popular summer beach area and its numerous
oceanside businesses.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with the ``Ocean City Air Show '' event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1231). The Captain of the Port Sector
Maryland-National Capital Region (COTP) has determined that potential
hazards associated with the air show, to be held from August 13, 2020
through August 16, 2020, will be a safety concern for anyone intending
to participate in this event and for vessels that operate within
specified waters of the North Atlantic Ocean. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone for the duration of this event.
IV. Discussion of the Rule
This rule establishes special local regulations from 9 a.m. on
August 13, 2020, through 6 p.m. on August 16, 2020. The regulated area
will cover all navigable waters of the North Atlantic Ocean within an
area bounded by the following coordinates: Commencing at a point near
the shoreline in the vicinity of 33rd Street, Ocean City, MD, latitude
38[deg]21'48.8'' N, longitude 075[deg]04'10'' W,
[[Page 48109]]
thence eastward to latitude 38[deg]21'32'' N, longitude 075[deg]03'12''
W, thence south to latitude 38[deg]19'22.7'' N, longitude
075[deg]04'09.5'' W, thence west to latitude 38[deg]19'38.5'' N,
longitude 075[deg]05'05.4'' W, thence north along the shoreline to
point of origin, located adjacent to Ocean City, MD. The duration of
the zone and size of the regulated area are intended to ensure the
safety of life on these navigable waters before, during and after the
air show and its related activities, scheduled to take place from 10
a.m. on August 13, 2020, through 5 p.m. on August 16, 2020. No vessel
or person will be permitted to enter the regulated area without
obtaining permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on size, location and
duration of the regulated area, which will impact a small designated
area of the North Atlantic Ocean adjacent to Ocean City, MD for 36
total enforcement hours. The Coast Guard will issue a Broadcast Notice
to Mariners via VHF-FM marine channel 16 about the status of the
regulated area. Moreover, the rule will allow vessels and persons to
seek permission to enter the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area for 36 hours. It is categorically
excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1. A Memorandum for
Record supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
[[Page 48110]]
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T05-0361 to read as follows:
Sec. 100.T05-0361 Ocean City Air Show, North Atlantic Ocean, Ocean
City, MD.
(a) Regulated area. The regulations in this section apply to all
navigable waters of the North Atlantic Ocean within an area bounded by
the following coordinates: Commencing at a point near the shoreline in
vicinity of 33rd Street, Ocean City, MD, latitude 38[deg]21'48.8'' N,
longitude 075[deg]04'10'' W, thence eastward to latitude 38[deg]21'32''
N, latitude 075[deg]03'12'' W, thence south to latitude
38[deg]19'22.7'' N, longitude 075[deg]04'09.5'' W, thence west to
latitude 38[deg]19'38.5'' N, longitude 075[deg]05'05.4'' W, thence
north along the shoreline to point of origin, located adjacent to Ocean
City, MD. These coordinates are based on datum NAD 1983.
(b) Definitions. As used in this section--
Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
Coast Guard Patrol Commander (PATCOM) means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
Official Patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
Participant means all persons and vessels registered with the event
sponsor as participating in the Ocean City Air Show or otherwise
designated by the event sponsor as having a function tied to the event.
(c) Regulations. (1) Except for participants and vessels already at
berth, everyone other than participants are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
area described in paragraph (a) of this section unless authorized by
the COTP Maryland-National Capital Region or PATCOM.
(2) To seek permission to enter, contact the COTP Maryland-National
Capital Region at telephone number 410-576-2693 or on Marine Band
Radio, VHF-FM channel 16 (156.8 MHz) or the PATCOM on Marine Band
Radio, VHF-FM channel 16 (156.8 MHz). Those in the regulated area must
comply with all lawful orders or directions given to them by the COTP
Maryland-National Capital Region, PATCOM, or official patrol.
(3) Vessels are required to operate at a safe speed that minimizes
wake while within the regulated area in a manner that would not
endanger event participants or any other craft.
(4) The air show aerobatics area located within the regulated area
described in paragraph (a) of this section is restricted to
participants.
(5) The COTP Maryland-National Capital Region will provide notice
of the regulated area through advanced notice via Fifth Coast Guard
District Local Notice to Mariners, broadcast notice to mariners, and
on-scene official patrols.
(d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
Federal, State and local agencies.
(e) Enforcement periods. This section will be enforced from 9 a.m.
to 6 p.m. on August 13, 2020, from 9 a.m. to 6 p.m. on August 14, 2020,
from 9 a.m. to 6 p.m. on August 15, 2020, and, from 9 a.m. to 6 p.m. on
August 16, 2020.
Dated: August 4, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2020-17480 Filed 8-7-20; 8:45 am]
BILLING CODE 9110-04-P