[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Proposed Rules]
[Pages 23392-23395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10730]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0296]
RIN 1625-AA08


Special Local Regulation; North Atlantic Ocean, Ocean City, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish special local 
regulations for certain waters of the North Atlantic Ocean. This action 
is necessary to provide for the safety of life on these navigable 
waters located at Ocean City, Worcester County, MD, during a high-speed 
power boat racing event on June 23, 2018, and June 24, 2018. This 
proposed rulemaking would prohibit persons and vessels from being in 
the regulated area unless authorized by the Captain of the Port 
Maryland-National Capital Region or Coast Guard Patrol Commander. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 20, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0296 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mr. Ronald Houck, U.S. Coast Guard 
Sector Maryland-National Capital Region; telephone 410-576-2674, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On January 30, 2018, the Offshore Powerboat Association of Brick 
Township, NJ, notified the Coast Guard through submission of a marine 
event application that this year's Ocean City Grand Prix would be held 
on a different date this year from that published in the Code of 
Federal Regulations (CFR) at Table to 33 CFR 100.501 at (b.)19. The 
estimated date for this annual event listed in the regulation is either 
the first or second Saturday or Sunday of May, or the second or third 
Saturday and Sunday of September. This year, the Ocean City Grand Prix 
is being held on June 23, 2018, and June 24, 2018. The high-speed power 
boat racing consist of approximately 40 participating offshore race 
boats of various classes, 21 to 50 feet in length, operating along a 
designated, marked racetrack-type course located in the North Atlantic 
Ocean, at Ocean City, MD. Details of the proposed event were provided 
to the Coast Guard on March 12, 2018. Hazards from the power boat 
racing event include participants operating near a designated 
navigation channel, as well as injury to persons and damage to property 
that involve vessel mishaps during high-speed power boat races 
conducted on navigable waters located near the shoreline. The Captain 
of the Port (COTP) Maryland-National Capital Region has determined that 
potential hazards associated with the power boat races would be a 
safety concern for anyone intending to operate within certain waters of 
the North Atlantic Ocean at Ocean City, MD.
    The purpose of this rulemaking is to protect event participants, 
spectators and transiting vessels on certain waters of North Atlantic 
Ocean before, during, and after the scheduled event. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1233, which 
authorize the Coast Guard to establish and define special local 
regulations.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region is proposing to establish 
special local regulations that will be enforced from 9:30 a.m. to 5:30 
p.m. on June 23, 2018 and from 9:30 a.m. to 5:30 p.m. on June 24, 2018. 
The regulated area is a polygon in shape measuring approximately 4,500 
yards in length by 1,600 yards in width. The area would cover all 
navigable waters of the North Atlantic Ocean, within an area bounded by 
the following coordinates: Commencing at a point near the shoreline at 
latitude 38[deg]21'42'' N, longitude 075[deg]04'11'' W, thence east to 
latitude 38[deg]21'33'' N, longitude 075[deg]03'10'' W, thence 
southwest to latitude 38[deg]19'25'' N, longitude 075[deg]04'02'' W, 
thence west to the shoreline at latitude 38[deg]19'35'' N, longitude 
075[deg]05'02'' W, at Ocean City, MD.

[[Page 23393]]

    This proposed rule provides additional information about areas 
within the regulated area and their definitions. These areas include 
``Race Area'', ``Buffer Zone'', and ``Spectator Area''.
    The duration of the regulated area is intended to ensure the safety 
of vessels and these navigable waters before, during, and after the 
scheduled 10 a.m. until 5 p.m. high-speed power boat racing event. 
Under the proposed rule, the COTP or Coast Guard Patrol Commander may 
forbid and control the movement of all vessels and persons, including 
event participants, in the regulated area. When hailed or signaled by 
an official patrol, a vessel or person in the regulated area would be 
required to immediately comply with the directions given. Failure to do 
so could result in expulsion from the area, citation for failure to 
comply, or both.
    Except for Ocean City Grand Prix participants, no vessel or person 
would be permitted to enter the regulated area without obtaining 
permission from the COTP Maryland-National Capital Region or the Coast 
Guard patrol commander. Vessel operators would be allowed to request 
permission to enter and transit through a regulated area by contacting 
the Coast Guard patrol commander on VHF-FM channel 16. All persons and 
vessels not registered with the event sponsor as participants or 
assigned as official patrols are considered spectators. Official 
Patrols are any vessel assigned or approved by Commander, Coast Guard 
Sector Maryland-National Capital Region with a commissioned, warrant, 
or petty officer on board and displaying a Coast Guard ensign.
    If permission is granted, spectators would be allowed to enter the 
spectator area or pass directly through the regulated area as 
instructed by Coast Guard Patrol Commander and at safe speed and 
without loitering. All spectator vessels would be required to be 
anchored or operate at a No Wake Speed within the designated spectator 
area. Official patrol vessels will direct spectator vessels to the 
spectator area. Only participant vessels and official patrol vessels 
would be allowed to enter the race area.
    The regulatory text we are proposing appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, duration 
and location of the regulated area. Vessel traffic would be able to 
safely transit around this regulated area, which would impact a small 
designated area of the North Atlantic Ocean for 16 hours. The Coast 
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the status of the regulated area. Moreover, the rule 
would allow vessels to seek permission to enter the regulated area, and 
vessel traffic would be able to safely transit the regulated area once 
the COTP Coast Guard Patrol Commander deems it safe to do so.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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.
    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 proposed 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 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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 proposed rule would not 
result in such an expenditure, we do discuss the

[[Page 23394]]

effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01, which guides the Coast Guard in 
complying with the National Environmental Policy Act of 1969 (42 U.S.C. 
4321-4370f), and have made a preliminary determination 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 
proposed 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 lasting for 16 hours. 
Normally such actions are categorically excluded from further review 
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01. A preliminary Memorandum for Record for 
Categorically Excluded Actions supporting this determination is 
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 proposed rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0296 to read as follows:


Sec.  100.501T05-0296   Special Local Regulation; North Atlantic Ocean, 
Ocean City, MD.

    (a) Definitions. As used in this section:
    Buffer Zone is a neutral area that surrounds the perimeter of the 
Race Area within the regulated area described by this section. The 
purpose of a buffer zone is to minimize potential collision conflicts 
with marine event participants or race boats and spectator vessels or 
nearby transiting vessels. This area provides separation between a Race 
Area and a specified Spectator Area or other vessels that are operating 
in the vicinity of the regulated area established by the special local 
regulations.
    Captain of the Port (COTP) Maryland-National Capital Region means 
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region 
or any Coast Guard commissioned, warrant or petty officer who has been 
authorized by the COTP to act on his behalf.
    Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the U.S. Coast Guard who has been designated by the 
Commander, Coast Guard Sector Maryland-National Capital Region.
    Official Patrol means any vessel assigned or approved by Commander, 
Coast Guard Sector Maryland-National Capital Region with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    Participants means all persons and vessels registered with the 
event sponsor as participating in the Ocean City Grand Prix event or 
otherwise designated by event sponsor as having a function tied to the 
event.
    Race Area is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of a race 
area within the regulated area defined by this section.
    Spectators means all persons and vessels not registered with the 
event sponsor as participants or assigned as official patrols.
    Spectator Area is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of a 
spectator area within the regulated area defined by this section.
    (b) Locations. All coordinates reference Datum NAD 1983. (1) 
Regulated area. All navigable waters of the North Atlantic Ocean, 
within an area bounded by the following coordinates: Commencing at a 
point near the shoreline at position latitude 38[deg]21'42'' N, 
longitude 075[deg]04'11'' W; thence east to latitude 38[deg]21'33'' N, 
longitude 075[deg]03'10'' W; thence southwest to latitude 
38[deg]19'25'' N, longitude 075[deg]04'02'' W; thence west to the 
shoreline at latitude 38[deg]19'35'' N, longitude 075[deg]05'02'' W, at 
Ocean City, MD. The following locations are within the regulated area:
    (2) Race Area. The race area is a polygon in shape measuring 
approximately 3,500 yards in length by 350 yards in width. The area is 
bounded by a line commencing at position latitude 38[deg]19'46.85'' N, 
longitude 075[deg]04'43.28'' W, thence east to latitude 
38[deg]19'44.23'' N, longitude 075[deg]04'29.89'' W, thence north and 
parallel to Ocean City, MD shoreline to latitude 38[deg]21'23.24'' N, 
longitude 075[deg]03'48.87'' W, thence west to latitude 
38[deg]21'25.12'' N, longitude 075[deg]04'02.45'' W; thence south to 
the point of origin.
    (3) Buffer Zone. The buffer zone is a polygon in shape measuring 
approximately 500 yards in all directions surrounding the entire race 
area described in the preceding paragraph of this section. The area is 
bounded by a line commencing at a point near the shoreline at position 
latitude 38[deg]21'42'' N, longitude 075[deg]04'11'' W; thence east to 
latitude 38[deg]21'35'' N, longitude 075[deg]03'24'' W;

[[Page 23395]]

thence southwest to latitude 38[deg]19'28'' N, longitude 
075[deg]04'17'' W; thence west to the shoreline at latitude 
38[deg]19'35'' N, longitude 075[deg]05'02'' W, at Ocean City, MD.
    (4) Spectator Area. The designated spectator area is a polygon in 
shape measuring approximately 3,500 yards in length by 350 yards in 
width. The area is bounded by a line commencing at position latitude 
38[deg]19'40'' N, longitude 075[deg]04'12'' W, thence east to latitude 
38[deg]19'37'' N, longitude 075[deg]03'59'' W, thence northeast to 
latitude 38[deg]21'17'' N, longitude 075[deg]03'17'' W, thence west to 
latitude 38[deg]21'20'' N, longitude 075[deg]03'31'' W, thence 
southwest to point of origin.
    (c) Special local regulations: (1) The COTP or Coast Guard Patrol 
Commander may forbid and control the movement of all vessels and 
persons, including event participants, in the regulated area. When 
hailed or signaled by an official patrol, a vessel or person in the 
regulated area shall immediately comply with the directions given. 
Failure to do so may result in expulsion from the area, citation for 
failure to comply, or both. The Coast Guard Patrol Commander may 
terminate the event, or the operation of any vessel designated by event 
sponsor as having a function tied to the event, at any time the Coast 
Guard Patrol Commander deems it necessary for the protection of life or 
property.
    (2) Except for participants and vessels already at berth, all 
persons and vessels within the regulated area at the start of 
enforcement are to depart the regulated area.
    (3) Spectators shall contact the Coast Guard Patrol Commander to 
request permission to either enter the spectator area or pass through 
the regulated area. The Coast Guard Patrol Commander and official 
patrol vessels enforcing this regulated area can be contacted on marine 
band radio VHF-FM channel 16 (156.8 MHz) and channel 22A (157.1 MHz). 
If permission is granted, spectators may enter the spectator area or 
must pass directly through the regulated area as instructed by Coast 
Guard Patrol Commander and at safe speed and without loitering. All 
spectator vessels shall be anchored or operate at a No Wake Speed 
within the designated spectator area. Official patrol vessels will 
direct spectator vessels to the spectator area.
    (4) Only participant vessels and official patrol vessels are 
allowed to enter the race area.
    (5) Persons and vessels desiring to transit, moor, or anchor within 
the regulated area must first obtain authorization from the COTP 
Maryland-National Capital Region or Coast Guard Patrol Commander. The 
Coast Guard Patrol Commander can be contacted on Marine Band Radio, 
VHF-FM channel 16 (156.8 MHz) to seek permission to transit, moor, or 
anchor within the regulated area while this section is being enforced.
    (6) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue a marine information 
broadcast on VHF-FM marine band radio announcing specific event date 
and times.
    (d) Enforcement periods. This section will be enforced from 9:30 
a.m. to 5:30 p.m. on June 23, 2018 and from 9:30 a.m. to 5:30 p.m. on 
June 24, 2018.

    Dated: May 15, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-10730 Filed 5-18-18; 8:45 am]
 BILLING CODE 9110-04-P