Special Local Regulation; North Atlantic Ocean, Ocean City, MD, 49014-49017 [2019-20107]
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49014
Federal Register / Vol. 84, No. 181 / Wednesday, September 18, 2019 / Rules and Regulations
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5.a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting
Points, dated August 8, 2019, and
effective September 15, 2019, is
amended as follows:
■
Paragraph 6002 Class E Airspace Areas
Designated as a Surface Area
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*
*
*
*
*
ASO AL E2 Huntsville, AL [Amended]
Huntsville International-Carl T. Jones Field,
AL
(Lat. 34°38′14″ N, long. 86°46′30″ W)
Redstone AAF
(Lat. 34°40′43″ N, long. 86°41′05″ W)
Within a 5-mile radius of the Huntsville
International-Carl T. Jones Field, excluding
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that airspace within a 1-mile radius of the
Redstone AAF. This Class E airspace area is
effective during the specific dates and times
established in advance by a Notice to
Airmen. The effective date and time will
thereafter be continuously published in the
Chart Supplement.
Paragraph 6003 Class E Airspace Areas
Designated as an Extension to a Class C
Surface Area
*
*
*
ASO AL E3
*
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Huntsville, AL [Established]
Huntsville International-Carl T. Jones Field,
AL
(Lat. 34°38′14″ N, long. 86°46′30″ W)
Huntsville International-Carl T. Jones Field:
RWY 36L–LOC
(Lat. 34°39′20″ N, long. 86°46′55″ W)
That airspace extending upward from the
surface within 1 mile each side of the 181°
bearing from the Huntsville InternationalCarl T. Jones Field: RWY 36L–LOC extending
from the 5-mile radius of the Huntsville
International-Carl T. Jones Field to 6.3 miles
south of the Huntsville International-Carl T.
Jones Field: RWY 36L–LOC.
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth
*
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ASO AL E5
*
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Huntsville, AL [Amended]
Huntsville International-Carl T. Jones Field,
AL
(Lat. 34°38′14″ N, long. 86°46′30″ W)
Huntsville International-Carl T. Jones Field:
RWY 36L–LOC
(Lat. 34°39′20″ N, long. 86°46′55″ W)
Redstone AAF
(Lat. 34°40′43″ N, long. 86°41′05″ W)
Pryor Field Regional Airport, AL
(Lat. 34°39′15″ N, long. 86°56′43″ W)
Huntsville Executive Tom Sharp Jr. Field, AL
(Lat. 34°51′34″ N, long. 86°33′27″ W)
That airspace extending upward from 700
feet above the surface within a 7.5-mile
radius of Huntsville International-Carl T.
Jones Field, and within 3 miles each side of
the 001° bearing from Huntsville
International-Carl T. Jones Field extending
from the 7.5-mile radius to 12.3 miles north
of Huntsville International-Carl T. Jones
Field, and within 1.3 miles each side of the
181° bearing from the Huntsville
International-Carl T. Jones Field: RWY 36L–
LOC extending from the 7.5 mile radius of
Huntsville International-Carl T. Jones Field
to 8.3 miles south of the Huntsville
International-Carl T. Jones Field: RWY 36L–
LOC, and within a 9.5-mile radius of
Redstone AAF, and within a 7-mile radius of
Pryor Field Regional Airport, and within a
6.3-mile radius of Huntsville Executive Tom
Sharp Jr. Field.
Issued in Fort Worth, Texas, on September
11, 2019.
Johanna Forkner,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2019–20111 Filed 9–17–19; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2019–0634]
RIN 1625–AA08
Special Local Regulation; North
Atlantic Ocean, Ocean City, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing special local regulations for
certain waters of the North Atlantic
Ocean. This action is necessary to
provide for the safety of life on these
navigable waters located at Ocean City,
MD, during a high-speed power boat
racing event on September 29, 2019.
This regulation prohibits persons and
vessels from being in the regulated area
unless authorized by the Captain of the
Port Maryland-National Capital Region
or Coast Guard Patrol Commander.
DATES: This rule is effective from 8:30
a.m. to 5:30 p.m. on September 29,
2019.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0634 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. Ron Houck, U.S. Coast Guard
Sector Maryland-National Capital
Region; telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
OPA Racing LLC of Brick Township,
NJ, notified the Coast Guard that it will
be conducting the Ocean City Grand
Prix between 9:00 a.m. and 5:00 p.m. on
September 29, 2019, along a designated,
marked racetrack-type course located in
the North Atlantic Ocean, at Ocean City,
MD. In response, on August 23, 2019,
the Coast Guard published a notice of
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proposed rulemaking (NPRM) titled
‘‘Special Local Regulation; North
Atlantic Ocean, Ocean City, MD’’ (84 FR
44263). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to this power boat racing event. During
the comment period that ended
September 9, 2019, we received one
comment.
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 public interest because it
would delay the safety measures
necessary to respond to potential safety
hazards associated with this marine
event. Immediate action is needed
protect participants, spectators, and
other persons and vessels during the
high-speed race event on these
navigable waters.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
Captain of the Port Maryland-National
Capital Region (COTP) has determined
that potential hazards associated with
the power boat racing event will be a
safety concern for anyone intending to
operate in or near the event area. The
purpose of this rule is to protect event
participants, spectators, and transiting
vessels on specified waters of the North
Atlantic Ocean before, during, and after
the scheduled event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
comment on our NPRM published
August 23, 2019. We thank the
commenter for taking time to review the
NPRM and submitting a comment
regarding this action.
The commenter stated that the highspeed power boat racing event should
be cancelled in order to not obstruct
normal waterway operations and waste
precious energy.
With few exceptions, normal
waterway operations in the event area
are recreational in nature that will be
able to take place safely outside the
regulated area. Waterway users that may
be affected by the regulated area are
well informed of this annually occurring
offshore power boat racing event.
Methods include Code of Federal
Regulations, internet websites (https://
www.oparacing.org/oc.html, https://
oceancitymd.gov/oc/event/ocean-citypowerboat-grand-prix/), regional
boating publications (i.e., PropTalk),
social media (i.e., Facebook), and local
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media outlets (i.e., The Dispatch), which
include newspaper, radio and
television. The part of the comment
regarding energy is outside the scope of
the rulemaking; the regulated area is
established to provide for waterway
safety.
There are no changes in the regulatory
text of this rule from the proposed rule
in the NPRM.
This rule establishes a special local
regulation to be enforced from 8:30 a.m.
to 5:30 p.m. on September 29, 2019. 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 at latitude
38°21′42″ N, longitude 075°04′11″ W,
thence east to latitude 38°21′33″ N,
longitude 075°03′10″ W, thence
southwest to latitude 38°19′25″ N,
longitude 075°04′02″ W, thence west to
the shoreline at latitude 38°19′35″ N,
longitude 075°05′02″ W, at Ocean City,
MD. The duration of the special local
regulations and size of the regulated
area are intended to ensure the safety of
life on these navigable waters before,
during, and after the power boat racing
event, scheduled from 9:00 a.m. until
5:00 p.m. on September 29, 2019.
Except for participants and vessels
already at berth, a vessel or person will
be required to get permission from the
COTP or PATCOM before entering the
regulated area. Vessel operators can
request permission to enter and transit
through the regulated area by contacting
the PATCOM on VHF–FM channel 16.
Vessel traffic will be able to safely
transit the regulated area once the
PATCOM deems it safe to do so. A
person or vessel not registered with the
event sponsor as a participant or
assigned as official patrols will be
considered a spectator. Official Patrols
are any vessel assigned or approved by
the Commander, Coast Guard Sector
Maryland-National Capital Region with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
If permission is granted by the COTP
or PATCOM, a person or vessel will be
allowed to enter the regulated area or
pass directly through the regulated area
as instructed. Vessels will be required to
operate at a safe speed that minimizes
wake while within the regulated area.
Official patrol vessels will direct
spectator vessels while within the
regulated area. Only participant vessels
and official patrol vessels will be
allowed to enter the race area.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
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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
location of the regulated area. Vessel
traffic will be able to safely transit
around this regulated area, which would
impact a small designated area of the
North Atlantic Ocean for 9 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 to seek permission to enter
the regulated area, and vessel traffic will
be able to safely transit the regulated
area once the PATCOM deems it safe to
do so.
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
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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.
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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
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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 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. The temporary
regulated area will be in effect for nine
hours. It is categorically excluded from
further review under paragraph L61 in
Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures 5090.1. A Memorandum for
the Record 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 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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.501T05–0634 to read as
follows:
■
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§ 100.501T05–0634 Special Local
Regulation; North Atlantic Ocean, Ocean
City, MD.
(a) Locations. All coordinates
reference Datum NAD 1983.
(1) Regulated area. All navigable
waters of the North Atlantic Ocean,
within an area bounded by the
following coordinates: Commencing at a
point near the shoreline at position
latitude 38°21′42″ N, longitude
075°04′11″ W; thence east to latitude
38°21′33″ N, longitude 075°03′10″ W;
thence southwest to latitude 38°19′25″
N, longitude 075°04′02″ W; thence west
to the shoreline at latitude 38°19′35″ N,
longitude 075°05′02″ W, at Ocean City,
MD. The race area, buffer area, and
spectator area are within the regulated
area.
(2) Race area. The race area is a
polygon in shape measuring
approximately 3,500 yards in length by
350 yards in width. The area is bounded
by a line commencing at position
latitude 38°19′46.85″ N, longitude
075°04′43.28″ W, thence east to latitude
38°19′44.23″ N, longitude 075°04′29.89″
W, thence north and parallel to Ocean
City, MD shoreline to latitude
38°21′23.24″ N, longitude 075°03′48.87″
W, thence west to latitude 38°21′25.12″
N, longitude 075°04′02.45″ W; thence
south to the point of origin.
(3) Buffer zone. The buffer zone is a
polygon in shape measuring
approximately 500 yards in all
directions surrounding the entire race
area described in paragraph (a) of this
section. The area is bounded by a line
commencing at a point near the
shoreline at position latitude 38°21′42″
N, longitude 075°04′11″ W; thence east
to latitude 38°21′35″ N, longitude
075°03′24″ W; thence southwest to
latitude 38°19′28″ N, longitude
075°04′17″ W; thence west to the
shoreline at latitude 38°19′35″ N,
longitude 075°05′02″ W, at Ocean City,
MD.
(4) Spectator area. The designated
spectator area is a polygon in shape
measuring approximately 3,500 yards in
length by 350 yards in width. The area
is bounded by a line commencing at
position latitude 38°19′40″ N, longitude
075°04′12″ W, thence east to latitude
38°19′37″ N, longitude 075°03′59″ W,
thence northeast to latitude 38°21′17″ N,
longitude 075°03′17″ W, thence west to
latitude 38°21′20″ N, longitude
075°03′31″ W, thence southwest to point
of origin.
(b) Definitions. As used in this
section:
Buffer zone is a neutral area that
surrounds the perimeter of the Race
Area within the regulated area described
by this section. The purpose of a buffer
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zone is to minimize potential collision
conflicts with marine event participants
or race boats and spectator vessels or
nearby transiting vessels. This area
provides separation between a Race
Area and a specified Spectator Area or
other vessels that are operating in the
vicinity of the regulated area established
by the special local regulations.
Captain of the Port (COTP) MarylandNational 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 a person or vessel
registered with the event sponsor as
participating in the Ocean City Grand
Prix or otherwise designated by the
event sponsor as having a function tied
to the event.
Race area is an area described by a
line bound by coordinates provided in
latitude and longitude that outlines the
boundary of a race area within the
regulated area defined by this section.
Spectator means a person or vessel
not registered with the event sponsor as
participants or assigned as official
patrols.
(c) Special local regulations. (1) The
COTP Maryland-National Capital
Region or PATCOM may forbid and
control the movement of all vessels and
persons, including event participants, in
the regulated area. When hailed or
signaled by an official patrol, a vessel or
person in the regulated area shall
immediately comply with the directions
given by the patrol. Failure to do so may
result in the Coast Guard expelling the
person or vessel from the area, issuing
a citation for failure to comply, or both.
The COTP Maryland-National Capital
Region or PATCOM may terminate the
event, or a participant’s operations at
any time the COTP Maryland-National
Capital Region or PATCOM believes it
necessary to do so for the protection of
life or property.
(2) Except for participants and vessels
already at berth, a person or vessel
within the regulated area at the start of
enforcement of this section must
immediately depart the regulated area.
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(3) A spectator must contact the
PATCOM to request permission to
either enter or pass through the
regulated area. The PATCOM, and
official patrol vessels enforcing this
regulated area, can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz) and channel 22A (157.1
MHz). If permission is granted, the
spectator must pass directly through the
regulated area as instructed by
PATCOM. A vessel within the regulated
area must operate at safe speed that
minimizes wake.
(4) Only participant vessels and
official patrol vessels are allowed to
enter the race area.
(5) A person or vessel that desires to
transit, moor, or anchor within the
regulated area must obtain authorization
from the COTP Maryland-National
Capital Region or PATCOM. A person or
vessel seeking such permission can
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).
(6) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(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 period. This section
will be enforced from 8:30 a.m. to 5:30
p.m. on September 29, 2019.
Dated: September 12, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2019–20107 Filed 9–17–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0782]
RIN 1625–AA00
Safety Zone; Delaware Bay and River,
PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
SUMMARY:
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49017
the navigable waters of the Delaware
Bay and River to restrict and protect
vessel traffic during the transit of PostPanamax gantry cranes from the
Atlantic Ocean to the Port of
Philadelphia. This action is intended to
protect mariners and vessels from the
hazards associated with the
transportation of these large cranes.
Entry of vessels or persons into this
zone will be prohibited unless a vessel
meets the stated requirements or is
specifically authorized by the Captain of
the Port Delaware Bay. This rule
compliments a safety zone found in
docket number USCG–2019–0784
addressing safety risks while the vessel
carrying the cranes is moored at the Port
of Philadelphia.
DATES: This rule is effective without
actual notice from September 18, 2019
through October 15, 2019. For the
purposes of enforcement, actual notice
will be used from September 14, 2019
through September 18, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0782 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 about this proposed
rulemaking, call or email Petty Officer
Edmund Ofalt, U.S. Coast Guard Sector
Delaware Bay, Waterways Management
Branch; telephone (215) 271–4889,
email Edmund.J.Ofalt@uscg.mil.
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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The M/V ZHEN HUA 26 is
transporting post-Panamax gantry
cranes to ports within the United States.
These large cranes extend beyond the
width of M/V ZHEN HUA 26 on both
sides of the vessel and create a
navigational hazard to vessels operating
within a certain proximity. The cranes
are fastened in a manner that facilitates
passage through the open ocean. Upon
arrival to the Delaware River, M/V
ZHEN HUA 26 will transit to anchorage
and begin an approximately four day
process of removing the sea fastenings.
The M/V ZHEN HUA 26 will then
proceed, conditions permitting, to berth
E:\FR\FM\18SER1.SGM
18SER1
]]>Agencies
[Federal Register Volume 84, Number 181 (Wednesday, September 18, 2019)]
[Rules and Regulations]
[Pages 49014-49017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20107]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0634]
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 special local regulations for
certain waters of the North Atlantic Ocean. This action is necessary to
provide for the safety of life on these navigable waters located at
Ocean City, MD, during a high-speed power boat racing event on
September 29, 2019. This regulation prohibits persons and vessels from
being in the regulated area unless authorized by the Captain of the
Port Maryland-National Capital Region or Coast Guard Patrol Commander.
DATES: This rule is effective from 8:30 a.m. to 5:30 p.m. on September
29, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0634 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. Ron Houck, U.S. Coast Guard Sector Maryland-National
Capital Region; telephone 410-576-2674, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
OPA Racing LLC of Brick Township, NJ, notified the Coast Guard that
it will be conducting the Ocean City Grand Prix between 9:00 a.m. and
5:00 p.m. on September 29, 2019, along a designated, marked racetrack-
type course located in the North Atlantic Ocean, at Ocean City, MD. In
response, on August 23, 2019, the Coast Guard published a notice of
[[Page 49015]]
proposed rulemaking (NPRM) titled ``Special Local Regulation; North
Atlantic Ocean, Ocean City, MD'' (84 FR 44263). There we stated why we
issued the NPRM, and invited comments on our proposed regulatory action
related to this power boat racing event. During the comment period that
ended September 9, 2019, we received one comment.
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 public interest
because it would delay the safety measures necessary to respond to
potential safety hazards associated with this marine event. Immediate
action is needed protect participants, spectators, and other persons
and vessels during the high-speed race event on these navigable waters.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Maryland-National Capital Region (COTP)
has determined that potential hazards associated with the power boat
racing event will be a safety concern for anyone intending to operate
in or near the event area. The purpose of this rule is to protect event
participants, spectators, and transiting vessels on specified waters of
the North Atlantic Ocean before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published
August 23, 2019. We thank the commenter for taking time to review the
NPRM and submitting a comment regarding this action.
The commenter stated that the high-speed power boat racing event
should be cancelled in order to not obstruct normal waterway operations
and waste precious energy.
With few exceptions, normal waterway operations in the event area
are recreational in nature that will be able to take place safely
outside the regulated area. Waterway users that may be affected by the
regulated area are well informed of this annually occurring offshore
power boat racing event. Methods include Code of Federal Regulations,
internet websites (https://www.oparacing.org/oc.html, https://oceancitymd.gov/oc/event/ocean-city-powerboat-grand-prix/), regional
boating publications (i.e., PropTalk), social media (i.e., Facebook),
and local media outlets (i.e., The Dispatch), which include newspaper,
radio and television. The part of the comment regarding energy is
outside the scope of the rulemaking; the regulated area is established
to provide for waterway safety.
There are no changes in the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a special local regulation to be enforced
from 8:30 a.m. to 5:30 p.m. on September 29, 2019. 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 at latitude 38[deg]21'42'' N, longitude 075[deg]04'11''
W, thence east to latitude 38[deg]21'33'' N, longitude 075[deg]03'10''
W, thence southwest to latitude 38[deg]19'25'' N, longitude
075[deg]04'02'' W, thence west to the shoreline at latitude
38[deg]19'35'' N, longitude 075[deg]05'02'' W, at Ocean City, MD. The
duration of the special local regulations and size of the regulated
area are intended to ensure the safety of life on these navigable
waters before, during, and after the power boat racing event, scheduled
from 9:00 a.m. until 5:00 p.m. on September 29, 2019.
Except for participants and vessels already at berth, a vessel or
person will be required to get permission from the COTP or PATCOM
before entering the regulated area. Vessel operators can request
permission to enter and transit through the regulated area by
contacting the PATCOM on VHF-FM channel 16. Vessel traffic will be able
to safely transit the regulated area once the PATCOM deems it safe to
do so. A person or vessel not registered with the event sponsor as a
participant or assigned as official patrols will be considered a
spectator. Official Patrols are any vessel assigned or approved by the
Commander, Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
If permission is granted by the COTP or PATCOM, a person or vessel
will be allowed to enter the regulated area or pass directly through
the regulated area as instructed. Vessels will be required to operate
at a safe speed that minimizes wake while within the regulated area.
Official patrol vessels will direct spectator vessels while within the
regulated area. Only participant vessels and official patrol vessels
will be allowed to enter the race area.
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 location of the regulated area. Vessel traffic will be able to
safely transit around this regulated area, which would impact a small
designated area of the North Atlantic Ocean for 9 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 to seek permission to enter the regulated area, and
vessel traffic will be able to safely transit the regulated area once
the PATCOM deems it safe to do so.
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
[[Page 49016]]
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.
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 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. The temporary regulated area will be in
effect for nine hours. It is categorically excluded from further review
under paragraph L61 in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures 5090.1. A Memorandum for the Record
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 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. [thinsp]100.501T05-0634 to read as follows:
Sec. 100.501T05-0634 Special Local Regulation; North Atlantic Ocean,
Ocean City, MD.
(a) Locations. All coordinates reference Datum NAD 1983.
(1) Regulated area. All navigable waters of the North Atlantic
Ocean, within an area bounded by the following coordinates: Commencing
at a point near the shoreline at position latitude 38[deg]21'42'' N,
longitude 075[deg]04'11'' W; thence east to latitude 38[deg]21'33'' N,
longitude 075[deg]03'10'' W; thence southwest to latitude
38[deg]19'25'' N, longitude 075[deg]04'02'' W; thence west to the
shoreline at latitude 38[deg]19'35'' N, longitude 075[deg]05'02'' W, at
Ocean City, MD. The race area, buffer area, and spectator area are
within the regulated area.
(2) Race area. The race area is a polygon in shape measuring
approximately 3,500 yards in length by 350 yards in width. The area is
bounded by a line commencing at position latitude 38[deg]19'46.85'' N,
longitude 075[deg]04'43.28'' W, thence east to latitude
38[deg]19'44.23'' N, longitude 075[deg]04'29.89'' W, thence north and
parallel to Ocean City, MD shoreline to latitude 38[deg]21'23.24'' N,
longitude 075[deg]03'48.87'' W, thence west to latitude
38[deg]21'25.12'' N, longitude 075[deg]04'02.45'' W; thence south to
the point of origin.
(3) Buffer zone. The buffer zone is a polygon in shape measuring
approximately 500 yards in all directions surrounding the entire race
area described in paragraph (a) of this section. The area is bounded by
a line commencing at a point near the shoreline at position latitude
38[deg]21'42'' N, longitude 075[deg]04'11'' W; thence east to latitude
38[deg]21'35'' N, longitude 075[deg]03'24'' W; thence southwest to
latitude 38[deg]19'28'' N, longitude 075[deg]04'17'' W; thence west to
the shoreline at latitude 38[deg]19'35'' N, longitude 075[deg]05'02''
W, at Ocean City, MD.
(4) Spectator area. The designated spectator area is a polygon in
shape measuring approximately 3,500 yards in length by 350 yards in
width. The area is bounded by a line commencing at position latitude
38[deg]19'40'' N, longitude 075[deg]04'12'' W, thence east to latitude
38[deg]19'37'' N, longitude 075[deg]03'59'' W, thence northeast to
latitude 38[deg]21'17'' N, longitude 075[deg]03'17'' W, thence west to
latitude 38[deg]21'20'' N, longitude 075[deg]03'31'' W, thence
southwest to point of origin.
(b) Definitions. As used in this section:
Buffer zone is a neutral area that surrounds the perimeter of the
Race Area within the regulated area described by this section. The
purpose of a buffer
[[Page 49017]]
zone is to minimize potential collision conflicts with marine event
participants or race boats and spectator vessels or nearby transiting
vessels. This area provides separation between a Race Area and a
specified Spectator Area or other vessels that are operating in the
vicinity of the regulated area established by the special local
regulations.
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 a person or vessel registered with the event
sponsor as participating in the Ocean City Grand Prix or otherwise
designated by the event sponsor as having a function tied to the event.
Race area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a race
area within the regulated area defined by this section.
Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
(c) Special local regulations. (1) The COTP Maryland-National
Capital Region or PATCOM may forbid and control the movement of all
vessels and persons, including event participants, in the regulated
area. When hailed or signaled by an official patrol, a vessel or person
in the regulated area shall immediately comply with the directions
given by the patrol. Failure to do so may result in the Coast Guard
expelling the person or vessel from the area, issuing a citation for
failure to comply, or both. The COTP Maryland-National Capital Region
or PATCOM may terminate the event, or a participant's operations at any
time the COTP Maryland-National Capital Region or PATCOM believes it
necessary to do so for the protection of life or property.
(2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
(3) A spectator must contact the PATCOM to request permission to
either enter or pass through the regulated area. The PATCOM, and
official patrol vessels enforcing this regulated area, can be contacted
on marine band radio VHF-FM channel 16 (156.8 MHz) and channel 22A
(157.1 MHz). If permission is granted, the spectator must pass directly
through the regulated area as instructed by PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake.
(4) Only participant vessels and official patrol vessels are
allowed to enter the race area.
(5) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or PATCOM. A person or vessel seeking
such permission can 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).
(6) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
(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 period. This section will be enforced from 8:30
a.m. to 5:30 p.m. on September 29, 2019.
Dated: September 12, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-20107 Filed 9-17-19; 8:45 am]
BILLING CODE 9110-04-P
