[Federal Register Volume 84, Number 181 (Wednesday, September 18, 2019)]
[Rules and Regulations]
[Pages 49014-49017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20107]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 regulation prohibits 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.

DATES: This rule is effective from 8:30 a.m. to 5:30 p.m. on September 
29, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0634 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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 Information and Regulatory History

    OPA Racing LLC of Brick Township, NJ, notified the Coast Guard that 
it will be conducting the Ocean City Grand Prix between 9:00 a.m. and 
5:00 p.m. on September 29, 2019, along a designated, marked racetrack-
type course located in the North Atlantic Ocean, at Ocean City, MD. In 
response, on August 23, 2019, the Coast Guard published a notice of

[[Page 49015]]

proposed rulemaking (NPRM) titled ``Special Local Regulation; North 
Atlantic Ocean, Ocean City, MD'' (84 FR 44263). There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory action 
related to this power boat racing event. During the comment period that 
ended September 9, 2019, we received one comment.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to public interest 
because it would delay the safety measures necessary to respond to 
potential safety hazards associated with this marine event. Immediate 
action is needed protect participants, spectators, and other persons 
and vessels during the high-speed race event on these navigable waters.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Captain of the Port Maryland-National Capital Region (COTP) 
has determined that potential hazards associated with the power boat 
racing event will be a safety concern for anyone intending to operate 
in or near the event area. The purpose of this rule is to protect event 
participants, spectators, and transiting vessels on specified waters of 
the North Atlantic Ocean before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published 
August 23, 2019. We thank the commenter for taking time to review the 
NPRM and submitting a comment regarding this action.
    The commenter stated that the high-speed power boat racing event 
should be cancelled in order to not obstruct normal waterway operations 
and waste precious energy.
    With few exceptions, normal waterway operations in the event area 
are recreational in nature that will be able to take place safely 
outside the regulated area. Waterway users that may be affected by the 
regulated area are well informed of this annually occurring offshore 
power boat racing event. Methods include Code of Federal Regulations, 
internet websites (http://www.oparacing.org/oc.html, https://oceancitymd.gov/oc/event/ocean-city-powerboat-grand-prix/), regional 
boating publications (i.e., PropTalk), social media (i.e., Facebook), 
and local media outlets (i.e., The Dispatch), which include newspaper, 
radio and television. The part of the comment regarding energy is 
outside the scope of the rulemaking; the regulated area is established 
to provide for waterway safety.
    There are no changes in the regulatory text of this rule from the 
proposed rule in the NPRM.
    This rule establishes a special local regulation to be enforced 
from 8:30 a.m. to 5:30 p.m. on September 29, 2019. The regulated area 
will 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 
duration of the 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 power boat racing event, scheduled 
from 9:00 a.m. until 5:00 p.m. on September 29, 2019.
    Except for participants and vessels already at berth, a vessel or 
person will 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 will 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 will 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 
will be allowed to enter the regulated area or pass directly through 
the regulated area as instructed. Vessels will 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 
will be allowed to enter the race area.

V. Regulatory Analyses

    We developed this 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 will 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 will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the status of the regulated area. Moreover, the rule 
will allow vessels to seek permission to enter the regulated area, and 
vessel traffic will 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will 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 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement

[[Page 49016]]

Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will 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 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 rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this 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 
determined 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 rule involves implementation of regulations within 33 
CFR part 100 applicable to organized marine events on the navigable 
waters of the United States. The temporary regulated area will be in 
effect for nine hours. It is categorically excluded from further review 
under paragraph L61 in Table 3-1 of U.S. Coast Guard Environmental 
Planning Implementing Procedures 5090.1. A Memorandum for the Record 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

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.

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 amends 
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.  [thinsp]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

[[Page 49017]]

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, 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: September 12, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2019-20107 Filed 9-17-19; 8:45 am]
 BILLING CODE 9110-04-P


