[Federal Register Volume 84, Number 164 (Friday, August 23, 2019)]
[Proposed Rules]
[Pages 44263-44266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18226]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0634]
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 September 29, 2019. 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 September 9, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0634 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 on this rule, 
call or email Mr. Ron Houck, U.S. Coast Guard Sector Maryland-National 
Capital Region; telephone 410-576-2674, email Ronald.L.Houck@uscg.mil.

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 Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    OPA Racing LLC 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 the 
date 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 September 29, 2019, or 
the fourth Sunday of September. The high-speed power boat racing 
consists of approximately 35 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 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 participate in this event or for vessels that 
operate within specified 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 the North 
Atlantic Ocean at Ocean City, MD before, during, and after the 
scheduled event. The Coast Guard proposes this rulemaking under 
authority in 46 U.S.C. 70041, which authorizes the Coast Guard to 
establish and define special local regulations.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish 
special local regulations from 8:30 a.m. through 5:30 p.m. on September 
29, 2019. 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

[[Page 44264]]

within the regulated area and their definitions. These areas include 
``Race Area,'' ``Buffer Zone'', and ``Spectator Area.''
    The proposed duration special local regulations and 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 9 a.m. to 5 p.m. on September 29, 2019. 
The COTP and the Coast Guard 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 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 PATCOM before entering the regulated area. Vessel operators 
can request permission to enter and transit through the regulated area 
by contacting the PATCOM on VHF-FM channel 16. Vessel traffic would be 
able to safely transit the regulated area once the 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 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. 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 9 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 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 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

[[Page 44265]]

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 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 nine hours. Normally such 
actions are categorically excluded from further review under paragraph 
L[61] in Table 3-1 of U.S. Coast Guard Environmental Planning 
Implementing Procedures 5090.1. A preliminary Record of Environmental 
Consideration 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 https://www.regulations.gov. If your material cannot be 
submitted using https://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 https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://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 https://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:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0634 to read as follows:


Sec.  100.501T05-0634  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 zone. The buffer zone is a polygon in shape measuring 
approximately 500 yards in all directions surrounding the entire race 
area described in paragraph (a) 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.
    (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 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 (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,

[[Page 44266]]

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 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 PATCOM may terminate the event, or a participant's operations at any 
time the COTP Maryland-National Capital Region or 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 PATCOM to request permission to 
either enter or pass through the regulated area. The 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 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 8:30 
a.m. to 5:30 p.m. on September 29, 2019.

    Dated: August 20, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2019-18226 Filed 8-22-19; 8:45 am]
 BILLING CODE 9110-04-P


