[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 57717-57720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24323]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0400]
RIN 1625-AA08


Special Local Regulations; Temporary Change for Recurring Marine 
Event in the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement 
periods of special local regulations for a recurring marine event in 
the Fifth Coast Guard District. These regulations apply to the Ocean 
City Maryland Offshore Grand Prix, a recurring marine event, which will 
take place this year on October 3-4, 2015. 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 
a portion of the North Atlantic Ocean near Ocean City, MD, during the 
event.

DATES: This rule is effective from October 3, 2015, to October 4, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0400]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

[[Page 57718]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; 
telephone 410-576-2674, email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    This marine event is regulated at 33 CFR 100.501. On July 16, 2015, 
we published a notice of proposed rulemaking (NPRM) entitled ``Special 
Local Regulations; Temporary Change for Recurring Marine Event in the 
Fifth Coast Guard District'' in the Federal Register (80 FR 42069). 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. The Coast Guard received late 
notice from event planners of the date change. Because of this late 
notice, it is impracticable to publish the final rule more than thirty 
days before the event. In addition, it is unnecessary to have a thirty 
day delayed effective date for this rule, because the change will not 
meaningfully effect waterways users. This event occurs every year and 
is well known in the community. During the comment period regarding the 
changed date for the NPRM, no comments were received. The Coast Guard 
will provide advance notifications to users of the affected waterways 
of the regulated area via marine information broadcasts and local 
notice to mariners.

B. Basis and Purpose

    The legal basis and authorities for this rulemaking establishing a 
special local regulation are found in 33 U.S.C. 1233, which authorize 
the Coast Guard to establish and define special local regulations. The 
Captain of the Port Baltimore is establishing a special local 
regulation for the waters of the North Atlantic Ocean, near Ocean City, 
MD, to protect event participants, spectators and transiting vessels 
during the Ocean City Maryland Offshore Grand Prix.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in response to the NPRM. No 
public meeting was requested and none was held.
    Through this regulation, the Coast Guard is temporarily changing 
the enforcement period of special local regulations for a recurring 
marine event in the Fifth Coast Guard District. This rule changes the 
enforcement periods for the ``Ocean City Maryland Offshore Grand Prix'' 
marine event that is listed at 33 CFR 100.501, Table to Sec.  100.501. 
This regulation temporarily changes the enforcement periods for this 
marine event for 2015 only. The enforcement dates for 2015 are October 
3rd and 4th, 2015.

D. Regulatory Analyses

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

1. 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.
    The economic impact of this rule is not significant for the 
following reasons: The regulated area will be in effect from 10:30 a.m. 
to 5:30 p.m. on October 3, 2015 and from 10:30 a.m. to 5:30 p.m. on 
October 4, 2015, the regulated area has been narrowly tailored to 
impose the least impact on general navigation, yet provide the level of 
safety deemed necessary, and advance notifications will be made to the 
maritime community via marine information broadcasts and local notices 
to mariners, 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. For the above reasons, the Coast Guard does not anticipate any 
significant economic impact.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received 0 comments from the Small Business 
Administration on this rule. 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.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to operate 
or transit through or within, or anchor in, the area where the marine 
event is being held.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons stated under 
paragraph D.1., Regulatory Planning and Review.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. 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).

5. 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

[[Page 57719]]

analyzed this rule under that Order and determined that this rule does 
not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

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

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 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. This rule involves implementation of regulations within 33 
CFR part 100 applicable to organized marine events on the navigable 
waters of the United States that could negatively impact the safety 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, canoe and sail board racing. This rule is categorically 
excluded from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

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, amend the Table to Sec.  100.501 by suspending 
line No. (b.)21 and adding line No. (b.)24 to read as follows:


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

* * * * *
    Table to Sec.  100.501

[All coordinates listed in the Table to Sec.  100.501 reference Datum 
NAD 1983]

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     No.             Date              Event             Sponsor                        Location
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                                                  * * * * * * *
                                  (b.) Coast Guard Sector Baltimore--COTP Zone
 
                                                  * * * * * * *
24..........  October 3 and 4,   Ocean City         Offshore           The waters of the North Atlantic Ocean
               2015.              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.
 
                                                  * * * * * * *
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[[Page 57720]]

    Dated: August 27, 2015.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2015-24323 Filed 9-24-15; 8:45 am]
 BILLING CODE 9110-04-P