[Federal Register Volume 86, Number 51 (Thursday, March 18, 2021)]
[Proposed Rules]
[Pages 14716-14719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05595]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0137]
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, MD, during a high-speed power boat racing 
event on May 2, 2021. 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 
Event 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 April 2, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0137 using the Federal eRulemaking Portal at https://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 MST2 Shaun Landante, U.S. Coast 
Guard Sector Maryland-National Capital Region; telephone 410-576-2570, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    OPA Racing LLC of Brick Township, NJ, has notified the Coast Guard 
that it will be conducting the Ocean City Offshore Grand Prix from 12 
p.m. to 5 p.m. on May 2, 2021. The high-speed power boat event consists 
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. Hazards from the high-speed 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 high-speed 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, operating in or near the event 
area. The Coast Guard is requesting that interested

[[Page 14717]]

parties provide comments within a shortened comment period of 15 days 
instead of the more typical 30 days for this notice of proposed 
rulemaking. The Coast Guard believes a shortened comment period is 
necessary and reasonable to ensure the Coast Guard has time to review 
and respond to any significant comments submitted by the public in 
response to the NPRM and has final rule in effect in time for the 
scheduled event.
    The purpose of this rulemaking is to protect event participants, 
non-participants, and transiting vessels before, during, and after the 
scheduled event. The Coast Guard proposes this rulemaking under 
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish 
special local regulations from 10 a.m. through 6 p.m. on May 2, 2021. 
There is no alternate date planned for this event. The regulated 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. The 
regulated area is approximately 4,500 yards in length and 1,600 yards 
in width.
    This proposed rule provides additional information about areas 
within the regulated area and their definitions. These areas include 
``Race Area,'' ``Buffer Area,'' and ``Spectator Area.''
    The proposed size of the regulated area are intended to ensure the 
safety of life on these navigable waters before, during, and after the 
high-speed power boat racing event, scheduled from 12 p.m. to 5 p.m. on 
May 2, 2021. The COTP and the Coast Guard Event Patrol Commander 
(PATCOM) would have authority to 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 by the COTP or Event PATCOM. If a person or vessel 
fails to follow such directions, the Coast Guard may expel them from 
the area, issue them a citation for failure to comply, or both.
    Except for Ocean City Grand Prix participants and vessels already 
at berth, a vessel or person would be required to get permission from 
the COTP or Event PATCOM before entering the regulated area. Vessel 
operators can request permission to enter and transit through the 
regulated area by contacting the Event PATCOM on VHF-FM channel 16. 
Vessel traffic would be able to safely transit the regulated area once 
the Event PATCOM deems it safe to do so. A person or vessel not 
registered with the event sponsor as a participant or assigned as 
official patrols would be considered a spectator. Official Patrols are 
any vessel assigned or approved by the 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 by the COTP or Event PATCOM, a person or 
vessel would be allowed to enter the regulated area or pass directly 
through the regulated area as instructed. Vessels would be required to 
operate at a safe speed that minimizes wake while within the regulated 
area. Official patrol vessels will direct spectator vessels while 
within the regulated 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. 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).
    This regulatory action determination is based on the size 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 8 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 Event PATCOM 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 
safety zone 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 call or email 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

[[Page 14718]]

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 call or email 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 effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide 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 eight 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. 1. A preliminary Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble. 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 call or email 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 https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. We review all comments received, but we will only post 
comments that address the topic of the proposed rule. We may choose not 
to post off-topic, inappropriate, or duplicate comments that we 
receive. 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 is 
proposing 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:  46 U.S.C. 70041;33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0137 to read as follows:


Sec.  100.501T05-0137  Special Local Regulation; North Atlantic Ocean, 
Ocean City, MD.

    (a) 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 race area, buffer area, and spectator area 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 Area. 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; 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.

[[Page 14719]]

    (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.
    (b) Definitions. As used in this section:
    Buffer Area 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.
    Event Patrol Commander or Event PATCOM 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.
    Participant means a person or vessel registered with the event 
sponsor as participating in the Ocean City Grand Prix or otherwise 
designated by the 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.
    Spectator means a person or vessel not registered with the event 
sponsor as participants or assigned as official patrols.
    (c) Special local regulations: (1) The COTP Maryland-National 
Capital Region or Event PATCOM 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 by the patrol. Failure to do so may result in the Coast Guard 
expelling the person or vessel from the area, issuing a citation for 
failure to comply, or both. The COTP Maryland-National Capital Region 
or Event PATCOM may terminate the event, or a participant's operations 
at any time the COTP Maryland-National Capital Region or Event PATCOM 
believes it necessary to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person 
or vessel within the regulated area at the start of enforcement of this 
section must immediately depart the regulated area.
    (3) A spectator must contact the Event PATCOM to request permission 
to either enter or pass through the regulated area. The Event PATCOM, 
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, the spectator must 
pass directly through the regulated area as instructed by Event PATCOM. 
A vessel within the regulated area must operate at safe speed that 
minimizes wake.
    (4) Only participant vessels and official patrol vessels are 
allowed to enter the race area.
    (5) A person or vessel that desires to transit, moor, or anchor 
within the regulated area must obtain authorization from the COTP 
Maryland-National Capital Region or PATCOM. A person or vessel seeking 
such permission can contact the COTP Maryland-National Capital Region 
at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM 
channel 16 (156.8 MHz) or the PATCOM on Marine Band Radio, VHF-FM 
channel 16 (156.8 MHz).
    (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 officials. The Coast Guard may be assisted with 
marine event patrol and enforcement of the regulated area by other 
Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 10 a.m. 
to 6 p.m. on May 2, 2021.

    Dated: March 12, 2021.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2021-05595 Filed 3-17-21; 8:45 am]
BILLING CODE 9110-04-P