[Federal Register Volume 59, Number 108 (Tuesday, June 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13804]


[[Page Unknown]]

[Federal Register: June 7, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-94-017]
RIN 2115-AE46

 

Special Local Regulations for Marine Events; Atlantic Ocean, 
Ocean City, MD

agency: Coast Guard, DOT.

action: Notice of proposed rulemaking.

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summary: The Coast Guard is proposing to establish permanent special 
local regulations for the Ocean City Offshore Grand Prix held annually 
in the Atlantic Ocean off Ocean City. The effect of these regulations 
will be to restrict general navigation in the regulated area for the 
safety of spectators and participants. These regulations are needed to 
provide for the safety of life, limb, and property on the navigable 
waters during the event.

dates: Comments must be received on or before August 8, 1994.

addresses: Comments should be mailed or hand carried to Commander (bb), 
Fifth Coast Guard District, 431 Crawford Street, Portsmouth, Virginia 
23704-5004. The comments will be available for inspection and copying 
in room 209 of this address. Normal office hours are between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays.

for further information contact: Stephen L. Phillips, Chief, Boating 
Affairs Branch, Fifth Coast Guard District, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004 (804) 398-6204.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Interested persons are invited to participate in this rulemaking by 
submitting written views, data, or arguments. Persons submitting 
comments should include their names and addresses, identify this notice 
(CGD 05-94-017) and the specific section of the proposal to which their 
comments apply. Reasons should be given for each comment. The 
regulations may be changed in light of comments received. All comments 
received before the expiration of the comment period will be considered 
before final action is taken. No public hearing is planned, but one may 
be held if written requests for a hearing are received and it is 
determined that the opportunity to make oral presentations will aid the 
rulemaking process. The receipt of comments will be acknowledged if a 
stamped self-addressed postcard or envelope is enclosed.

Drafting Information

    The drafters of this notice are QM2 Gregory C. Garrison, project 
officer, Boating Affairs Branch, Fifth Coast Guard District, and LT 
Monica L. Lombardi, project attorney, Fifth Coast Guard District Legal 
Staff.

Discussion of Proposed Regulations

    The United States Offshore Racing Association annually sponsors the 
Ocean City Offshore Grand Prix. Each year the United States Offshore 
Racing Association requests that the Coast Guard provide control of 
spectator and commercial traffic within the regulated area, as part of 
their application. Since this is a regular, yearly event, the Coast 
Guard proposes to develop a special local regulation. Specifically the 
Coast Guard seeks to regulate the waterways surrounding the race 
course. The course runs from Ocean City Inlet to Maryland Beach. To 
provide for the safety of participants, spectators, and vessels 
transiting the area, the Coast Guard will restrict vessel movement in 
the regulated area. A temporary spectator anchorage area will be 
established for what is expected to be a large spectator fleet. Coast 
Guard patrol vessels will be positioned at Ocean City Inlet to direct 
vessels around the regulated area, or to the temporary spectator 
anchorage area. The sponsor usually provides 29 vessels to assist the 
Coast Guard and local government agencies in patrolling the event. 
Medical vessels will display flourescent orange placards, and patrol 
boats will display flourescent green placards.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This regulation will only be in effect for several hours, 
one day a year, and the impact on routine navigation is expected to be 
minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
Entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632). It is anticipated that the impact of this proposal on 
non-participating small entities will actually benefit their business 
due to the increase in local tourism. The Coast Guard will certify 
under 5 U.S.C. 605(b), that this proposal, if adopted, will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

    This proposed rule contains no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism Assessment

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it is anticipated that 
this proposed rulemaking will not raise sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment Assessment

    This proposed rulemaking has been thoroughly reviewed by the Coast 
Guard and determined to be categorically excluded from further 
environmental documentation in accordance with Sec. 2.B.2.c of 
Commandant Instruction M16475.1B. A Categorical Exclusion Determination 
statement has been prepared and placed in the rulemaking docket, and is 
available for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine Safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

Proposed Regulations

    In consideration of the foregoing, part 100 of title 33, Code of 
Federal Regulations is proposed to be amended as follows:

PART 100--[AMENDED]

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. A new Sec. 100.517 is added to read as follows:


Sec. 100.517  Atlantic Ocean, Ocean City, Maryland

    (a) Definition. (1) Regulated area. The waters of the Atlantic 
Ocean commencing at a point on the shoreline at latitude 38 deg.25'42'' 
North, longitude 75 deg.05'06'' West; thence east southeast to latitude 
38 deg.25'30'' North, longitude 75 deg.02'12'' West; thence south 
southwest parallel to the Ocean City shoreline to latitude 
38 deg.19'12'' North, longitude 75 deg.03'48'' West; thence west 
northwest to the shoreline at latitude 38 deg.19'30'' North, longitude 
75 deg.05'00'' West.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
will be a commissioned, warrant, or petty officer who will be 
designated by the Commander, Coast Guard Group Baltimore.
    (b) Special local regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant, or petty 
officer on board a vessel displaying a Coast Guard ensign.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a)(1) of this section but may not block a 
navigable channel.
    (c) Effective period. The Commander, Fifth Coast Guard District 
will publish a notice in the Federal Register and the Fifth Coast Guard 
District Local Notice to Mariners that announces the times and dates 
that this section is in effect.

    Dated: April 13, 1994.
W.T. Leland,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 94-13804 Filed 6-6-94; 8:45 am]
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