[Federal Register Volume 71, Number 161 (Monday, August 21, 2006)]
[Rules and Regulations]
[Pages 48475-48477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13805]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-06-064]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations 
during the ``Ocean City Maryland Offshore Challenge'', a power boat 
race to be held on the waters of the Atlantic Ocean adjacent to the 
shoreline at Ocean City, MD. These special local regulations are 
necessary to provide for the safety of life on navigable waters during 
the event. This action is intended to restrict vessel traffic in the 
regulated area during the power boat race.

DATES: This rule is effective from 10 a.m. to 4 p.m. on September 10, 
2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (CGD05-06-064) and are available for 
inspection or copying at Commander (dpi), Fifth Coast Guard District, 
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager, 
Inspections and Investigations Branch, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 29, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; Atlantic 
Ocean, Ocean City, MD in the Federal Register (71 FR 37019). We 
received no letters commenting on the proposed rule. No public meeting 
was requested, and none was held.
    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 would 
be contrary to the public interest, since immediate action is needed to 
ensure the safety of the event participants, support craft and other 
vessels transiting the event area. However, advance notifications will 
be made to affected waterway users via marine information broadcasts 
and area newspapers.

Background and Purpose

    On September 10, 2006, the Offshore Performance Association, Inc. 
will conduct the ``Ocean City Maryland Offshore Challenge'', on the 
waters of the Atlantic Ocean along the shoreline near Ocean City, MD. 
The event will consist of approximately 40 V-hull and twin-hull inboard 
hydroplanes racing in heats counter-clockwise around an oval race 
course. A fleet of spectator vessels is anticipated to gather nearby to 
view the competition. Due to the need for vessel control during the 
event, vessel traffic will be temporarily restricted to provide for the 
safety of participants, spectators and transiting vessels.

Discussion of Comments and Changes

    The Coast Guard did not receive comments in response to the notice 
of proposed rulemaking (NPRM) published in the Federal Register. 
Accordingly, the Coast Guard is establishing temporary special local 
regulations on specified waters of the Atlantic Ocean, Ocean City, 
Maryland.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    Although this regulation will prevent traffic from transiting a 
small segment of the Atlantic Ocean near Ocean City, MD during the 
event, the effect of this regulation will not be significant due to the 
limited duration that the regulated area will be enforced. Extensive 
advance notifications will be made to the maritime community via Local 
Notice to Mariners, marine information broadcasts, area newspapers and 
local radio stations, so mariners can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 certifies under 5 U.S.C. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities. This rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit this section of the Atlantic Ocean during the 
event.
    This rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule would be in effect for only a limited period. Although the 
regulated area will apply to waters of the Atlantic Ocean near the 
Ocean City, Maryland shoreline, traffic may be allowed to pass through 
the regulated area with the permission of the Coast Guard patrol 
commander. In the case where the patrol commander authorizes passage 
through the regulated area during the event, vessels

[[Page 48476]]

shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the race course. Before the enforcement 
period, we will issue maritime advisories so mariners can adjust their 
plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking process.
    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).

Collection of Information

    This rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 or more in any 
one year. Though this rule would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(h), of the Instruction, from further environmental 
documentation. Special local regulations issued in conjunction with a 
regatta or marine parade permit are specifically excluded from further 
analysis and documentation under that section.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 100

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


0
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: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add a temporary Sec.  100.35-T05-064 to read as follows:


Sec.  100.35-T05-064  Atlantic Ocean, Ocean City, MD.

    (a) Regulated area. The regulated area is established for the 
waters of the Atlantic Ocean bounded by a line drawn from a position 
along the shoreline near Ocean City, MD at latitude 38[deg]22'01'' N, 
longitude 075[deg]03'56'' W, thence easterly to latitude 38[deg]21'50'' 
N, longitude 075[deg]03'28'' W, thence southwesterly to latitude 
38[deg]20'10'' N, longitude 075[deg]04'08'' W, thence westerly to a 
position near the shoreline at latitude 38[deg]20'15'' N, longitude 
075[deg]04'38'' W, thence northerly along the shoreline to the point of 
origin. All coordinates reference Datum NAD 1983.

[[Page 48477]]

    (b) Definitions. The following definitions apply to this section:
    (1) Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by the 
Commander, Coast Guard Sector Hampton Roads.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Hampton Roads with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant includes all vessels participating in the Ocean 
City Maryland Offshore Challenge under the auspices of the Marine Event 
Permit issued to the event sponsor and approved by Commander, Coast 
Guard Sector Hampton Roads.
    (c) Special local regulations. (1) Except for event participants 
and 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 regulated area must stop the 
vessel immediately when directed to do so by any Official Patrol and 
then proceed only as directed.
    (3) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (4) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the race course.
    (d) Effective period. This section will be effective from 10 a.m. 
to 4 p.m. on September 10, 2006.

    Dated: August 9, 2006.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
 [FR Doc. E6-13805 Filed 8-18-06; 8:45 am]
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