Rule2024-16660
Safety Zone; North Atlantic Ocean, Ocean City, MD
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 30, 2024
Effective
August 22, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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 which will take place from August 22, 2024 to August 25, 2024. 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.
Full Text
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<title>Federal Register, Volume 89 Issue 146 (Tuesday, July 30, 2024)</title>
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[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Rules and Regulations]
[Pages 61014-61016]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16660]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0665]
RIN 1625-AA00
Safety Zone; North Atlantic Ocean, Ocean City, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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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 which will take place from August
22, 2024 to August 25, 2024. 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.
DATES: This rule is effective from 10:00 a.m. to 5 p.m. on August 22-
25, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, type USCG-
2024-0665 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 LCDR Kate M. Newkirk, Sector Maryland-National Capital
Region Waterways Management Division, U.S. Coast Guard; telephone 410-
576-2674, email <a href="/cdn-cgi/l/email-protection#1972786d7c377437777c6e72706b72596c6a7a7e37747075"><span class="__cf_email__" data-cfemail="94fff5e0f1baf9bafaf1e3fffde6ffd4e1e7f7f3baf9fdf8">[email protected]</span></a>.
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
The Town of Ocean City, MD has notified the Coast Guard that,
between 10 a.m. and 5 p.m. on each day, from August 22-25, 2024, it
will be hosting an air show above the North Atlantic Ocean, adjacent to
Ocean City, MD. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that
there is good cause to waive the requirement to publish this final rule
without providing notice and taking comments because there is
insufficient time to do so between now and the time that the rule must
be in effect to serve its intended purpose.
Under 5 U.S.C. 553(d)(3), the Coast Guard also 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 46 U.S.C.
70034. The Captain of the Port Maryland-National Capital Region (COTP)
has determined that potential hazards associated with this August 22-
25, 2024, 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.
[[Page 61015]]
IV. Discussion of the Rule
This rule establishes a safety zone from 10 a.m. to 5 p.m., each
day, from August 22-25, 2024. 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 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,
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 is intended to ensure the safety of life
on these navigable waters before, during, and after the scheduled 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. This rule has not been designated a ``significant
regulatory action,'' under Sec. 3(f) of Executive Order 12866 as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule is not subject to review by the Office of
Management and Budget (OMB).
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 during the event. 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, does not apply to rules not subject to notice and comment. As
the Coast Guard has, for good cause, waived notice and comment
requirement that would otherwise apply to this rulemaking, the
Regulatory Flexibility Act's provisions do not apply here.
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
Order13132.
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. 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 were 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: 46 U.S.C.70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0665 to read as follows:
Sec. 165.T05-0665 Safety Zone; North Atlantic Ocean, Ocean City, MD.
(a) Location. The following area is a safety zone: 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, 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. 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,
[[Page 61016]]
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 this
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 Sec. 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) 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 10
a.m.to 5 p.m., each day, from August 22-25, 2024.
Patrick C Burkett,
Captain, U.S. Coast Guard, Captain of the Port, Maryland-National
Capital Region.
[FR Doc. 2024-16660 Filed 7-29-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 30, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.