# Special Local Regulations for Marine Events; Atlantic Ocean, Ocean City, MD > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-13804 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** June 7, 1994 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-14-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-13804. Public record. Not legal advice.