Safety Zone; North Atlantic Ocean, Ocean City, MD, 23810-23812 [2018-11072]
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23810
Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations
TABLE TWO
Vessel
Masthead
lights,
distance to stbd of
keel in meters;
Rule 21(a)
Number
*
LCAC Class ..........
*
LCAC Class ..........
*
Forward
anchor
light, number
of; Rule
30(a)(i)
AFT anchor
light,
distance
below
flight dk
in meters;
Rule 21(e),
Rule
30(a)(ii)
Side
lights,
distance
below
flight
dk in meters;
§ 2(g)
, Annex I
AFT anchor
lights
number of;
Rule
30(a)(ii)
Side
lights,
distance
forward of
masthead
light in
meters;
§ 3(b),
Annex I
Side
lights,
distance
inboard of
ship’s
sides in
meters;
§ 3(b),
Annex I
*
5.26 (Perm.) .........
1.5
*
....................
*
....................
....................
*
....................
*
....................
1.5
3.98 (Temp.) ........
1.5
....................
....................
....................
....................
....................
1.5
5.2 ........................
LCAC 1 through
LCAC 91.
LCAC 1 through
LCAC 91.
LCAC 100 through
173.
LCAC Class ..........
Forward
anchor
light,
distance
below
flight dk
in meters;
§ 2(K)
Annex I
....................
....................
....................
....................
....................
1.8
....................
*
*
*
*
*
*
*
*
*
*
9. On LCAC 1 through 91 amphibious
vessels, full compliance with Rules
21(a), 21(b) and Annex I, section 2(a)(i),
72 COLREGS, cannot be obtained.
Tables One and Two of section 706.2
provide the dimensions of closest
possible compliance of LCAC 1 through
91 amphibious vessels with the
aforementioned rules. The following
paragraph details the specific
dimensions of closest possible
compliance and the basis for
certification by the Secretary of the
Navy that full compliance with the
aforementioned rules is not obtainable.
On LCAC 1 through 91 amphibious
vessels, there are permanent and
temporary masts. The permanent
masthead light is located 5.26 meters
athwartship to port of centerline 5.49
meters above the hull. The temporary
masthead light is located 3.98 meters
athwartship to starboard of centerline,
4.16 meters in height above the hull.
The temporary masthead light is
displayed in lieu of the permanent
masthead light only when LCAC 1
through 91 amphibious vessels are
operating with amphibious assault
vessels. When operating in this mode,
the sidelights are displayed at a height
greater than three-quarters of the height
of the temporary masthead light. The
sidelights are located on top of the port
and starboard deckhouses to permit the
required unobstructed arcs of visibility
and are 3.28 meters above the hull,
resulting in a vertical separation
between those lights and the temporary
masthead light of 0.78 meters. Because
of the minimal vertical separation
between the sidelights and the
temporary masthead light and the
luminous intensity of the temporary
light, the sidelights on these vessels may
not be distinguishable by the naked eye
at the 2-mil range required by Rule
22(b).
The arc of visibility of the temporary
masthead light required by rule 21(a)
may be obstructed at the following
angles relative to the LCAC(1 through
91)’s heading, from 37.00 degrees thru
90.00 degrees up to a distance of 112.5
meters from the craft and from 267.75
degrees thru 277.25 degrees.
On LCAC 100 through 173
amphibious vessels, full compliance
with Annex I, Paragraphs 2(i)(i) and
9(b)(i), 72 COLREGS, cannot be
obtained. The upper and lower Not
Under Command lights, located above
the command module, are spaced 1.0
meters (3.3 feet) apart with the lower
light at a height of 3.3 meters (10.8 feet)
above the hull. The lower Not Under
Command Light has angles of
obstruction from 83.0 to 111.0 degrees,
137.0 to 145.5 degrees, 158.7 to 177.3
degrees, 171.7 to 184.1 degrees, 197.9 to
209.5 degrees, 230.5 to 240.5 degrees,
and 244.9 to 256.5 degrees.
*
*
*
*
*
16. * * *
Vessel
Number
Obstruction angle relative ship’s heading
*
*
LCAC (class) .....................................................
*
*
*
LCAC 100 through LCAC 173 ..........................
*
*
daltland on DSKBBV9HB2PROD with RULES
*
*
*
*
*
*
*
Approved: April 9, 2018.
A.S. Janin,
Captain, USN, JAGC, Deputy Assistant Judge
Advocate General (Admiralty and Maritime
Law).
Dated: April 9, 2018.
E.K. Baldini,
Lieutenant Commander, Judge Advocate
General’s Corps, U.S. Navy, Federal Register
Liaison Officer.
[FR Doc. 2018–11064 Filed 5–22–18; 8:45 am]
16:18 May 22, 2018
Jkt 244001
*
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:
BILLING CODE 3810–FF–P
VerDate Sep<11>2014
*
PO 00000
Coast Guard, DHS.
Frm 00036
Fmt 4700
*
83 thru 84 [degrees].
Sfmt 4700
*
ACTION:
*
*
Temporary final rule.
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.
SUMMARY:
E:\FR\FM\23MYR1.SGM
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Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations
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 https://
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 Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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.
daltland on DSKBBV9HB2PROD with RULES
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,
VerDate Sep<11>2014
16:18 May 22, 2018
Jkt 244001
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°20′33.3″ N, longitude 075°04′37.7″
W, thence eastward to latitude
38°20′24.9″ N, longitude 075°04′01.5″
W, thence southward to latitude
38°19′18.4″ N, longitude 075°04′26.9″
W, thence westward to latitude
38°19′27.0″ N, longitude 075°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 timeof-day of the safety zone. Vessel traffic
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23811
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.
E:\FR\FM\23MYR1.SGM
23MYR1
23812
Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations
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.
daltland on DSKBBV9HB2PROD with RULES
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
VerDate Sep<11>2014
16:18 May 22, 2018
Jkt 244001
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
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
2. Add § 165.T05–0270 to read as
follows:
■
§ 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°20′33.3″ N,
longitude 075°04′37.7″ W, thence
eastward to latitude 38°20′24.9″ N,
longitude 075°04′01.5″ W, thence
southward to latitude 38°19′18.4″ N,
longitude 075°04′26.9″ W, thence
westward to latitude 38°19′27.0″ N,
longitude 075°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 MarylandNational 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
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Frm 00038
Fmt 4700
Sfmt 9990
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
E:\FR\FM\23MYR1.SGM
23MYR1
]]>Agencies
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Rules and Regulations]
[Pages 23810-23812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11072]
=======================================================================
-----------------------------------------------------------------------
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 https://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
