[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23017]


[[Page Unknown]]

[Federal Register: September 16, 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: Final rule.

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SUMMARY: Special Local Regulations are being adopted for the Ocean City 
Offshore Grand Prix held annually about Labor Day 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.

EFFECTIVE DATE: This rule is effective on September 3, 1994. For the 
1994 Offshore Grand Prix, the regulations will be in effect from 11 
a.m. to 3 p.m. on September 3, 1994. If inclement weather should cause 
the postponement of this event, then the rule is effective from 11 a.m. 
to 3 p.m. on September 4, 1994.

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: The Coast Guard published a notice of 
proposed rulemaking concerning this regulation in the Federal Register 
on June 7, 1994 (59 FR 29403). Interested persons were requested to 
submit comments and none were received. The 60-day comment period ended 
on August 8, 1994.

Drafting Information

    The drafters of this notice are QM2 Gregory C. Garrison, project 
officer, Boating Affairs Branch, Fifth Coast Guard District, and LCDR 
Christopher Abel, project attorney, Fifth Coast Guard District Legal 
Staff.

Background and Purpose

    The Ocean City Offshore Grand Prix, sponsored by the United States 
Offshore Racing Association is an annual event held on the Atlantic 
Ocean off of Ocean City. As part of the application, the sponsor 
requested that the Coast Guard provide control of spectator and 
commercial traffic within the regulated area.

Discussion of Regulations

    This regulation will regulate the area surrounding the Ocean City 
Offshore Grand Prix race course on the Atlantic Ocean off of Ocean 
City. 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 fluorescent orange placards, and patrol 
boats will display fluorescent green placards.
    Good cause exists for making this rule effective less than thirty 
days from the date of publication because the Coast Guard did not have 
adequate time after the required comment period for this rule to 
publish the rule more than thirty days before this year's event.

Regulatory Evaluation

    This rule 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 three hours, 
and the impacts on routine navigation are expected to be minimal.

Small Entities

    Because it expects the impact of this rule to be minimal, 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.

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 has been determined 
that the final rule does not raise sufficient federalism implications 
to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under section 2.B.2.C of Commandant 
Instruction M16475.1B, this rule is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination 
statement has been prepared and been placed in the rulemaking docket.

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 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 section 100.517 is added to read as follows:


Sec. 100.517  Atlantic Ocean, Ocean City, MD.

    (a) Definitions:
    (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.
    (30 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: August 12, 1994.
J.E. Schwartz,
Captain, U.S. Coast Guard Fifth District Commander, Acting, Portsmouth, 
VA.
[FR Doc. 94-23017 Filed 9-15-94; 8:45 am]
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