[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23017]
[[Page Unknown]]
[Federal Register: September 16, 1994]
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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: Final rule.
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SUMMARY: Special Local Regulations are being adopted for the Ocean City
Offshore Grand Prix held annually about Labor Day 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.
EFFECTIVE DATE: This rule is effective on September 3, 1994. For the
1994 Offshore Grand Prix, the regulations will be in effect from 11
a.m. to 3 p.m. on September 3, 1994. If inclement weather should cause
the postponement of this event, then the rule is effective from 11 a.m.
to 3 p.m. on September 4, 1994.
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: The Coast Guard published a notice of
proposed rulemaking concerning this regulation in the Federal Register
on June 7, 1994 (59 FR 29403). Interested persons were requested to
submit comments and none were received. The 60-day comment period ended
on August 8, 1994.
Drafting Information
The drafters of this notice are QM2 Gregory C. Garrison, project
officer, Boating Affairs Branch, Fifth Coast Guard District, and LCDR
Christopher Abel, project attorney, Fifth Coast Guard District Legal
Staff.
Background and Purpose
The Ocean City Offshore Grand Prix, sponsored by the United States
Offshore Racing Association is an annual event held on the Atlantic
Ocean off of Ocean City. As part of the application, the sponsor
requested that the Coast Guard provide control of spectator and
commercial traffic within the regulated area.
Discussion of Regulations
This regulation will regulate the area surrounding the Ocean City
Offshore Grand Prix race course on the Atlantic Ocean off of Ocean
City. 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 fluorescent orange placards, and patrol
boats will display fluorescent green placards.
Good cause exists for making this rule effective less than thirty
days from the date of publication because the Coast Guard did not have
adequate time after the required comment period for this rule to
publish the rule more than thirty days before this year's event.
Regulatory Evaluation
This rule 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 three hours,
and the impacts on routine navigation are expected to be minimal.
Small Entities
Because it expects the impact of this rule to be minimal, 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.
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 has been determined
that the final rule does not raise sufficient federalism implications
to warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard considered the environmental impact of this
proposal and concluded that under section 2.B.2.C of Commandant
Instruction M16475.1B, this rule is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination
statement has been prepared and been placed in the rulemaking docket.
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 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 section 100.517 is added to read as follows:
Sec. 100.517 Atlantic Ocean, Ocean City, MD.
(a) Definitions:
(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.
(30 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: August 12, 1994.
J.E. Schwartz,
Captain, U.S. Coast Guard Fifth District Commander, Acting, Portsmouth,
VA.
[FR Doc. 94-23017 Filed 9-15-94; 8:45 am]
BILLING CODE 4910-14-M
