[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Rules and Regulations]
[Pages 25070-25073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10258]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0046]
RIN 1625-AA08


Special Local Regulation for Marine Events; Temporary Change of 
Dates for Recurring Marine Events in the Fifth Coast Guard District, 
Ocean City Maryland Offshore Grand Prix, Ocean City, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement period 
for a special local regulation for one recurring marine event in the 
Fifth Coast Guard District, specifically, the ``Ocean City Maryland 
Offshore Grand Prix,'' hydroplane races on the North Atlantic Ocean 
near Ocean City, Maryland. The event consists of approximately 50 V-
hull and twin-hull inboard hydroplanes racing in heats counter-
clockwise around an oval race course, this regulation is necessary to 
provide for the safety of life on navigable waters during the event. 
This action is intended to restrict vessel traffic in portions of the 
North Atlantic Ocean near Ocean City, Maryland during the event.

DATES: This rule is effective from 11 a.m. to 5 p.m. on May 13, 2012.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket 
are part of docket USCG-2012-0046 and are available online by going to 
http://www.regulations.gov, inserting USCG-2012-0046 in the ``Search'' 
box, and then clicking ``Search.'' They are also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email LCDR Hector Cintron, Waterways Management 
Division Chief, Sector Hampton Roads, Coast Guard; telephone 757-668-
5581, email [email protected]. If you have questions on viewing 
the docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

[[Page 25071]]


SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 16, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulation for Marine Events; Temporary 
Change of Dates for Recurring Marine Events in the Fifth Coast Guard 
District, Ocean City Maryland Offshore Grand Prix, Ocean City, Maryland 
in the Federal Register (77 FR 15647). We received no comments 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. Due to the need for immediate 
action, the restriction of vessel traffic is necessary to protect life, 
property and the environment during the fireworks event; therefore, a 
30-day delayed effective date is impracticable. Delaying the effective 
date would be contrary to the regulation's intended objectives of 
protecting persons and vessels involved in the event, and enhancing 
public and maritime safety.

Background and Purpose

    Marine events are frequently held on the navigable waters within 
the boundary of the Fifth Coast Guard District. The water activities 
that typically comprise marine events include sailing regattas, power 
boat races, swim races and holiday parades. For a description of the 
geographical area of each Coast Guard Sector--Captain of the Port Zone, 
please see 33 CFR 3.25.
    This regulation will temporarily change the enforcement period of 
special local regulations for one recurring marine event within the 
Fifth Coast Guard District. This regulation applies to one marine event 
in 33 CFR 100.501, Table to Sec.  100.501.
    The Offshore Performance Association (OPA) Racing LLC annually 
sponsors the ``Ocean City Maryland Offshore Grand Prix'', on the waters 
of the North Atlantic Ocean near Ocean City, Maryland. This year, the 
event will be held on May 13, 2012. The regulation at 33 CFR 100.501 is 
effective annually for the Ocean City Offshore Challenge marine event. 
The event consists of approximately 50 V-hull and twin-hull inboard 
hydroplanes racing in heats counter-clockwise around an oval race 
course. A fleet of spectator vessels is expected to gather near the 
event site to view the competition. Therefore, to ensure the safety of 
participants, spectators, support and transiting vessels, the Coast 
Guard will temporarily restrict vessel traffic in the event area during 
the hydroplane races. The regulation at 33 CFR 100.501 would be 
enforced for the duration of the event. Under the provisions of 33 CFR 
100.501, from 11 a.m. to 5 p.m. on May 13, 2012, vessels may not enter 
the regulated area unless they receive permission from the Coast Guard 
Patrol Commander.

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 a safety zone on specified 
waters on the North Atlantic Ocean, Ocean City, Maryland.

Discussion of Rule

    The Coast Guard is establishing a temporary special local 
regulation on specified waters of the North Atlantic Ocean, in Ocean 
City, Maryland. The regulated area will be established in the interest 
of public safety during the ``Ocean City Offshore Grand Prix'', and 
will be enforced from 11 a.m. to 5 p.m. on May 13, 2012. The Coast 
Guard, at its discretion, when practical will allow the passage of 
vessels when races are not taking place. Except for participants and 
vessels authorized by the Captain of the Port or his Representative, no 
person or vessel may enter or remain in the regulated area.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. We expect the economic 
impact of this rule to be so minimal that a full Regulatory Evaluation 
is unnecessary. Although this rule prevents traffic from transiting a 
portion of certain waterways during specified times, the effect of this 
regulation will not be significant due to the limited duration that the 
regulated area will be in effect and the extensive advance 
notifications that will be made to the maritime community via marine 
information broadcasts, local radio stations and area newspapers so 
mariners can adjust their plans accordingly. Additionally, this 
rulemaking does not change the permanent regulated areas that have been 
published in 33 CFR 100.501, Table to Sec.  100.501. In some cases 
vessel traffic may be able to transit the regulated area when the Coast 
Guard Patrol Commander deems it is safe to do so.

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 will 
not have a significant economic impact on a substantial number of small 
entities.
    The rule would affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor on the North Atlantic Ocean in the vicinity of Ocean 
City, Maryland from 11 a.m. until 5 p.m. on May 13, 2012.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it. This regulation will not 
have a significant impact on a substantial number of small entities 
because: (i) It will be enforced only for a short period of time one 
day; (ii) vessels may be granted the opportunity to transit the 
regulated area during the period of enforcement if the Patrol Commander 
deems it safe to do so; (iii) vessels may transit around the regulated 
area; and (iv) before the enforcement period, the Coast Guard 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 offer to assist small 
entities in understanding the rule so that they can

[[Page 25072]]

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). 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.

Collection of Information

    This rule calls 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 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 determined 
that this rule does not have implications for federalism.

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.

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.

Taking of Private Property

    This rule will not affect 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 does not create an 
environmental risk to health or risk to safety that may 
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 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.

Energy Effects

    This rule is not a ``significant energy action'' under Executive 
Order 12866 and is not likely to have a significant adverse effect on 
the supply, distribution, or use of energy.

Technical Standards

    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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(h), of the Instruction. This rule involves implementation of 
regulations within 33 CFR Part 100 that apply to organized marine 
events on the navigable waters of the United States that may have 
potential for negative impact on the safety or other interest of 
waterway users and shore side activities in the event area. The 
category of water activities includes but is not limited to sail boat 
regattas, boat parades, power boat racing, swimming events, crew 
racing, and sail board racing. An environmental analysis checklist and 
a categorical exclusion determination will be available in the docket 
where indicated under ADDRESSES.

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:  33 U.S.C. 1233.


0
2. In Sec.  100.501:
0
a. Suspend line No. (c).7 in the Table to Sec.  100.501.
0
b. Add temporary line No.(c.)24 in Table to Sec.  100.501 to read as 
follows:


Sec.  100.501  Special Local Regulations; Marine Events in the Fifth 
Coast Guard District.

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                                             Table to Sec.   100.501
                [All coordinates listed in the Table to Sec.   100.501 reference Datum NAD 1983]
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   Number             Date                Event            Sponsor                      Location
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                                (c.) Coast Guard Sector Hampton Roads--COTP Zone
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[[Page 25073]]

 
                                                  * * * * * * *
24.........  May 13, 2012.........  Ocean City        Offshore          The waters of the Atlantic Ocean
                                     Maryland          Performance       commencing at a point on the shoreline
                                     Offshore Grand    Assn. Racing,     at latitude 38[deg]25'42'' N, longitude
                                     Prix.             LLC.              075[deg]03'06'' W; thence east
                                                                         southeast to latitude 38[deg]25'30'' N,
                                                                         longitude 075[deg]02'12'' W, thence
                                                                         south southwest parallel to the Ocean
                                                                         City shoreline to latitude
                                                                         38[deg]19'12'' N, longitude
                                                                         075[deg]03'48'' W; thence west
                                                                         northwest to the shoreline at latitude
                                                                         38[deg]19'30'' N, longitude
                                                                         075[deg]05'00'' W. 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]22'25.2'' N, longitude
                                                                         075[deg]03'49.4'' W, thence easterly to
                                                                         latitude 38[deg]22'00.4'' N, longitude
                                                                         075[deg]02'34.8'' W, thence
                                                                         southwesterly to latitude
                                                                         38[deg]19'35.9'' N, longitude
                                                                         075[deg]03'35.4'' W, thence westerly to
                                                                         a position near the shoreline at
                                                                         latitude 38[deg]20'05'' N, longitude
                                                                         075[deg]04'48.4'' W, thence northerly
                                                                         along the shoreline to the point of
                                                                         origin.
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    Dated: April 18, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-10258 Filed 4-26-12; 8:45 am]
BILLING CODE 9110-04-P