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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-94-017]

RIN 2115-AE46

Special Local Regulations for Marine Events; Atlantic Ocean,

Ocean City, MD

agency: Coast Guard, DOT.

action: Notice of proposed rulemaking.

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summary: The Coast Guard is proposing to establish permanent special

local regulations for the Ocean City Offshore Grand Prix held annually

in the Atlantic Ocean off Ocean City. The effect of these regulations

will be to restrict general navigation in the regulated area for the

safety of spectators and participants. These regulations are needed to

provide for the safety of life, limb, and property on the navigable

waters during the event.

dates: Comments must be received on or before August 8, 1994.

addresses: Comments should be mailed or hand carried to Commander (bb),

Fifth Coast Guard District, 431 Crawford Street, Portsmouth, Virginia

23704-5004. The comments will be available for inspection and copying

in room 209 of this address. Normal office hours are between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays.

for further information contact: Stephen L. Phillips, Chief, Boating

Affairs Branch, Fifth Coast Guard District, 431 Crawford Street,

Portsmouth, Virginia 23704-5004 (804) 398-6204.

SUPPLEMENTARY INFORMATION:

Request for Comments

Interested persons are invited to participate in this rulemaking by

submitting written views, data, or arguments. Persons submitting

comments should include their names and addresses, identify this notice

(CGD 05-94-017) and the specific section of the proposal to which their

comments apply. Reasons should be given for each comment. The

regulations may be changed in light of comments received. All comments

received before the expiration of the comment period will be considered

before final action is taken. No public hearing is planned, but one may

be held if written requests for a hearing are received and it is

determined that the opportunity to make oral presentations will aid the

rulemaking process. The receipt of comments will be acknowledged if a

stamped self-addressed postcard or envelope is enclosed.

Drafting Information

The drafters of this notice are QM2 Gregory C. Garrison, project

officer, Boating Affairs Branch, Fifth Coast Guard District, and LT

Monica L. Lombardi, project attorney, Fifth Coast Guard District Legal

Staff.

Discussion of Proposed Regulations

The United States Offshore Racing Association annually sponsors the

Ocean City Offshore Grand Prix. Each year the United States Offshore

Racing Association requests that the Coast Guard provide control of

spectator and commercial traffic within the regulated area, as part of

their application. Since this is a regular, yearly event, the Coast

Guard proposes to develop a special local regulation. Specifically the

Coast Guard seeks to regulate the waterways surrounding the race

course. The course runs from Ocean City Inlet to Maryland Beach. To

provide for the safety of participants, spectators, and vessels

transiting the area, the Coast Guard will restrict vessel movement in

the regulated area. A temporary spectator anchorage area will be

established for what is expected to be a large spectator fleet. Coast

Guard patrol vessels will be positioned at Ocean City Inlet to direct

vessels around the regulated area, or to the temporary spectator

anchorage area. The sponsor usually provides 29 vessels to assist the

Coast Guard and local government agencies in patrolling the event.

Medical vessels will display flourescent orange placards, and patrol

boats will display flourescent green placards.

Regulatory Evaluation

This proposal is not a significant regulatory action under section

3(f) of Executive Order 12866 and does not require an assessment of

potential costs and benefits under section 6(a)(3) of that order. It

has been exempted from review by the Office of Management and Budget

under that order. It is not significant under the regulatory policies

and procedures of the Department of Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard expects the economic impact of this

proposal to be so minimal that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies and procedures of DOT is

unnecessary. This regulation will only be in effect for several hours,

one day a year, and the impact on routine navigation is expected to be

minimal.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal will have a significant

economic impact on a substantial number of small entities. ``Small

Entities'' include independently owned and operated small businesses

that are not dominant in their field and that otherwise qualify as

``small business concerns'' under section 3 of the Small Business Act

(15 U.S.C. 632). It is anticipated that the impact of this proposal on

non-participating small entities will actually benefit their business

due to the increase in local tourism. The Coast Guard will certify

under 5 U.S.C. 605(b), that this proposal, if adopted, will not have a

significant economic impact on a substantial number of small entities.

Collection of Information

This proposed rule contains no collection of information

requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et

seq.).

Federalism Assessment

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it is anticipated that

this proposed rulemaking will not raise sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Environment Assessment

This proposed rulemaking has been thoroughly reviewed by the Coast

Guard and determined to be categorically excluded from further

environmental documentation in accordance with Sec. 2.B.2.c of

Commandant Instruction M16475.1B. A Categorical Exclusion Determination

statement has been prepared and placed in the rulemaking docket, and is

available for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

Marine Safety, Navigation (water), Reporting and recordkeeping

requirements, Waterways.

Proposed Regulations

In consideration of the foregoing, part 100 of title 33, Code of

Federal Regulations is proposed to be amended as follows:

PART 100--[AMENDED]

1. The authority citation for part 100 continues to read as

follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

2. A new Sec. 100.517 is added to read as follows:

Sec. 100.517 Atlantic Ocean, Ocean City, Maryland

(a) Definition. (1) Regulated area. The waters of the Atlantic

Ocean commencing at a point on the shoreline at latitude 38 deg.25'42''

North, longitude 75 deg.05'06'' West; thence east southeast to latitude

38 deg.25'30'' North, longitude 75 deg.02'12'' West; thence south

southwest parallel to the Ocean City shoreline to latitude

38 deg.19'12'' North, longitude 75 deg.03'48'' West; thence west

northwest to the shoreline at latitude 38 deg.19'30'' North, longitude

75 deg.05'00'' West.

(2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander

will be a commissioned, warrant, or petty officer who will be

designated by the Commander, Coast Guard Group Baltimore.

(b) Special local regulations. (1) Except for 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 immediate vicinity of this

area shall:

(i) Stop the vessel immediately upon being directed to do so by any

commissioned, warrant, or petty officer on board a vessel displaying a

Coast Guard ensign.

(ii) Proceed as directed by any commissioned, warrant, or petty

officer on board a vessel displaying a Coast Guard ensign.

(3) Any spectator vessel may anchor outside of the regulated area

specified in paragraph (a)(1) of this section but may not block a

navigable channel.

(c) Effective period. The Commander, Fifth Coast Guard District

will publish a notice in the Federal Register and the Fifth Coast Guard

District Local Notice to Mariners that announces the times and dates

that this section is in effect.

Dated: April 13, 1994.

W.T. Leland,

Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.

[FR Doc. 94-13804 Filed 6-6-94; 8:45 am]

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