Special Local Regulation; North Atlantic Ocean, Ocean City, MD, 23392-23395 [2018-10730]
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Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules
the Effect of Trans Fatty Acids on LowDensity Lipoprotein Cholesterol,’’ Food
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19. Liska, D.J., C.M. Cook, D.D. Wang, P.C.
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Risk?’’ Risk Management: An
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‘‘Assessment of Potential Risk Levels
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Environmental Health Perspectives,
111(10):1318–25, 2003.
22. Rosner, B., Fundamentals of Biostatistics,
Duxbury Press, Belmont, CA, 2010.
23. Brandt, E.J., R. Myerson, M.C. Perraillon,
and T.S. Polonsky, ‘‘Hospital
Admissions for Myocardial Infarction
and Stroke Before and After the TransFatty Acid Restrictions in New York,’’
JAMA Cardiology, 2(6):627–634, 2017.
24. Restrepo, B.J. and M. Rieger, ‘‘Trans Fat
and Cardiovascular Disease Mortality:
Evidence from Bans in Restaurants in
New York,’’ Journal of Health
Economics, 45:176–96, 2016.
25. Restrepo, B.J., ‘‘Further Decline of Trans
Fatty Acids Levels Among US Adults
Between 1999–2000 and 2009–2010,’’
American Journal of Public Health,
107(1):156–8, 2017.
26. Vesper, H.W., S.P. Caudill, H.C. Kuiper,
et al., ‘‘Plasma Trans-Fatty Acid
Concentrations in Fasting Adults
Declined from NHANES 1999–2000 to
2009–2010,’’ American Journal of
Clinical Nutrition, 105(5):1063–9, 2017.
27. Yang, Q., Z. Zhang, F. Loustalot, et al.,
‘‘Plasma Trans-Fatty Acid
Concentrations Continue to be
Associated with Serum Lipid and
Lipoprotein Concentrations Among US
adults After Reductions in Trans-Fatty
Acid Intake,’’ Journal of Nutrition,
147(5):896–907, 2017.
28. Zhang, Z., C. Gillespie, Q. Yang, ‘‘Plasma
Trans-Fatty Acid Concentrations
Continue to be Associated with
Metabolic Syndrome Among US Adults
After Reductions in Trans-Fatty Acid
Intake,’’ Nutrition Research, 43:51–9,
2017.
29. Mensink, R.P., ‘‘Effects of Saturated Fatty
Acids on Serum Lipids and
Lipoproteins: A Systematic Review and
Regression Analysis,’’ Geneva: World
Health Organization, 2016.
30. Letter from the American Bakers
Association, et al., to Dr. Scott Gottlieb,
Commissioner, Food and Drug
Administration (April 30, 2018) (sent by
electronic mail).
Dated: May 15, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–10715 Filed 5–18–18; 8:45 am]
BILLING CODE 4164–01–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–0296]
RIN 1625–AA08
Special Local Regulation; North
Atlantic Ocean, Ocean City, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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,
Worcester County, MD, during a highspeed power boat racing event on June
23, 2018, and June 24, 2018. 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 June 20, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0296 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.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Mr. Ronald
Houck, U.S. Coast Guard Sector
Maryland-National Capital Region;
telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On January 30, 2018, the Offshore
Powerboat Association of Brick
Township, NJ, notified the Coast Guard
through submission of a marine event
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application that this year’s Ocean City
Grand Prix would be held on a different
date this year from that 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
June 23, 2018, and June 24, 2018. The
high-speed power boat racing consist of
approximately 40 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. Details of the
proposed event were provided to the
Coast Guard on March 12, 2018.
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 operate within
certain 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 North Atlantic Ocean before, during,
and after the scheduled event. The Coast
Guard proposes this rulemaking under
authority in 33 U.S.C. 1233, which
authorize the Coast Guard to establish
and define special local regulations.
III. Discussion of Proposed Rule
The COTP Maryland-National Capital
Region is proposing to establish special
local regulations that will be enforced
from 9:30 a.m. to 5:30 p.m. on June 23,
2018 and from 9:30 a.m. to 5:30 p.m. on
June 24, 2018. The regulated area is a
polygon in shape measuring
approximately 4,500 yards in length by
1,600 yards in width. The 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°21′42″ N,
longitude 075°04′11″ W, thence east to
latitude 38°21′33″ N, longitude
075°03′10″ W, thence southwest to
latitude 38°19′25″ N, longitude
075°04′02″ W, thence west to the
shoreline at latitude 38°19′35″ N,
longitude 075°05′02″ W, at Ocean City,
MD.
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This proposed rule provides
additional information about areas
within the regulated area and their
definitions. These areas include ‘‘Race
Area’’, ‘‘Buffer Zone’’, and ‘‘Spectator
Area’’.
The duration of the regulated area is
intended to ensure the safety of vessels
and these navigable waters before,
during, and after the scheduled 10 a.m.
until 5 p.m. high-speed power boat
racing event. Under the proposed rule,
the COTP or Coast Guard Patrol
Commander 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 would be required
to immediately comply with the
directions given. Failure to do so could
result in expulsion from the area,
citation for failure to comply, or both.
Except for Ocean City Grand Prix
participants, no vessel or person would
be permitted to enter the regulated area
without obtaining permission from the
COTP Maryland-National Capital
Region or the Coast Guard patrol
commander. Vessel operators would be
allowed to request permission to enter
and transit through a regulated area by
contacting the Coast Guard patrol
commander on VHF–FM channel 16.
All persons and vessels not registered
with the event sponsor as participants
or assigned as official patrols are
considered spectators. Official Patrols
are 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.
If permission is granted, spectators
would be allowed to enter the spectator
area or pass directly through the
regulated area as instructed by Coast
Guard Patrol Commander and at safe
speed and without loitering. All
spectator vessels would be required to
be anchored or operate at a No Wake
Speed within the designated spectator
area. Official patrol vessels will direct
spectator vessels to the spectator 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.
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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 16 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 COTP Coast
Guard Patrol Commander 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 regulated
area 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.
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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
proposed rule would not result in such
an expenditure, we do discuss the
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in the FOR FURTHER INFORMATION
CONTACT section of this document
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01,
which guides 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 16
hours. Normally such actions are
categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
preliminary Memorandum for Record
for Categorically Excluded Actions
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.
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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
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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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233; 33 CFR
1.05–1.
2. Add § 100.501T05–0296 to read as
follows:
■
§ 100.501T05–0296 Special Local
Regulation; North Atlantic Ocean, Ocean
City, MD.
(a) 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) MarylandNational 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
means a commissioned, warrant, or
petty officer of the U.S. Coast Guard
who has been designated by the
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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.
Participants means all persons and
vessels registered with the event
sponsor as participating in the Ocean
City Grand Prix event or otherwise
designated by 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.
Spectators means all persons and
vessels not registered with the event
sponsor as participants or assigned as
official patrols.
Spectator Area is an area described by
a line bound by coordinates provided in
latitude and longitude that outlines the
boundary of a spectator area within the
regulated area defined by this section.
(b) 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°21′42″ N, longitude 075°04′11″ W;
thence east to latitude 38°21′33″ N,
longitude 075°03′10″ W; thence
southwest to latitude 38°19′25″ N,
longitude 075°04′02″ W; thence west to
the shoreline at latitude 38°19′35″ N,
longitude 075°05′02″ W, at Ocean City,
MD. The following locations 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°19′46.85″ N, longitude
075°04′43.28″ W, thence east to latitude
38°19′44.23″ N, longitude 075°04′29.89″
W, thence north and parallel to Ocean
City, MD shoreline to latitude
38°21′23.24″ N, longitude 075°03′48.87″
W, thence west to latitude 38°21′25.12″
N, longitude 075°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 the preceding
paragraph of this section. The area is
bounded by a line commencing at a
point near the shoreline at position
latitude 38°21′42″ N, longitude
075°04′11″ W; thence east to latitude
38°21′35″ N, longitude 075°03′24″ W;
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thence southwest to latitude 38°19′28″
N, longitude 075°04′17″ W; thence west
to the shoreline at latitude 38°19′35″ N,
longitude 075°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°19′40″ N, longitude
075°04′12″ W, thence east to latitude
38°19′37″ N, longitude 075°03′59″ W,
thence northeast to latitude 38°21′17″ N,
longitude 075°03′17″ W, thence west to
latitude 38°21′20″ N, longitude
075°03′31″ W, thence southwest to point
of origin.
(c) Special local regulations: (1) The
COTP or Coast Guard Patrol
Commander 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.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both. The Coast Guard Patrol
Commander may terminate the event, or
the operation of any vessel designated
by event sponsor as having a function
tied to the event, at any time the Coast
Guard Patrol Commander deems it
necessary for the protection of life or
property.
(2) Except for participants and vessels
already at berth, all persons and vessels
within the regulated area at the start of
enforcement are to depart the regulated
area.
(3) Spectators shall contact the Coast
Guard Patrol Commander to request
permission to either enter the spectator
area or pass through the regulated area.
The Coast Guard Patrol Commander 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,
spectators may enter the spectator area
or must pass directly through the
regulated area as instructed by Coast
Guard Patrol Commander and at safe
speed and without loitering. All
spectator vessels shall be anchored or
operate at a No Wake Speed within the
designated spectator area. Official patrol
vessels will direct spectator vessels to
the spectator area.
(4) Only participant vessels and
official patrol vessels are allowed to
enter the race area.
(5) Persons and vessels desiring to
transit, moor, or anchor within the
regulated area must first obtain
authorization from the COTP Maryland-
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National Capital Region or Coast Guard
Patrol Commander. The Coast Guard
Patrol Commander can be contacted on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz) to seek permission to
transit, moor, or anchor within the
regulated area while this section is
being enforced.
(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 periods. This section
will be enforced from 9:30 a.m. to 5:30
p.m. on June 23, 2018 and from 9:30
a.m. to 5:30 p.m. on June 24, 2018.
Dated: May 15, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2018–10730 Filed 5–18–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–0178]
RIN 1625–AA08
Special Local Regulation; Choptank
River, Cambridge, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish special local regulations for
certain waters of the Choptank River.
This action is necessary to provide for
the safety of life on the navigable waters
located in Cambridge, MD, during a
power boat racing event on July 28,
2018, and July 29, 2018. This proposed
rule would prohibit persons and vessels
from entering the regulated area unless
authorized by the Captain of the Port
Maryland-National Capital Region or the
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 June 20, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0178 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
SUMMARY:
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23395
further instructions on submitting
comments.
If
you have questions about this proposed
rulemaking, call or email Mr. Ronald
Houck, U.S. Coast Guard Sector
Maryland-National Capital Region;
telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On February 18, 2018, Kent Narrows
Racing Association of Chester, MD,
notified the Coast Guard that it will be
conducting power boat races from 9 a.m.
until 6 p.m. on July 28, 2018, and July
29, 2018. The high-speed power boat
racing event consists of approximately
60 participants competing on a
designated one-mile oval course in the
Choptank River in a cove located
between Hambrooks Bar and the
shoreline at Cambridge, MD. Hazards
from the power boat races include risks
of injury or death resulting from near or
actual contact among participant vessels
and spectator vessels or waterway users
if normal vessel traffic were to interfere
with the event. Details of the proposed
event were provided to the Coast Guard
at a meeting on April 10, 2018. There it
was learned that during past power boat
racing events in the area, large wakes
created from transient vessels operating
on the Choptank River west of the
Senator Frederick C. Malkus, Jr. (US–50)
Memorial Bridge have caused great
concern for event planners. Such wakes
are hazardous to participants as their
presence in the race area would result
in injury or death due to vessel
capsizing or collisions among
participant vessels during the highspeed races. Allowing the proposed
power boat racing event to proceed
without including these navigable
waters within the regulated area would
adversely affect event participants. The
Captain of the Port (COTP) MarylandNational 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 Choptank River at Cambridge, MD.
The purpose of this rulemaking is to
protect marine event participants,
E:\FR\FM\21MYP1.SGM
21MYP1
]]>Agencies
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Proposed Rules]
[Pages 23392-23395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10730]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0296]
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, Worcester County, MD, during a high-speed
power boat racing event on June 23, 2018, and June 24, 2018. 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 June 20, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0296 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 about this
proposed rulemaking, call or email Mr. Ronald Houck, U.S. Coast Guard
Sector Maryland-National Capital Region; telephone 410-576-2674, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On January 30, 2018, the Offshore Powerboat Association 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 that 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 June 23, 2018, and June 24, 2018. The high-speed power
boat racing consist of approximately 40 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. Details of the proposed event were provided
to the Coast Guard on March 12, 2018. 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 operate within certain 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 North Atlantic
Ocean before, during, and after the scheduled event. The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 1233, which
authorize the Coast Guard to establish and define special local
regulations.
III. Discussion of Proposed Rule
The COTP Maryland-National Capital Region is proposing to establish
special local regulations that will be enforced from 9:30 a.m. to 5:30
p.m. on June 23, 2018 and from 9:30 a.m. to 5:30 p.m. on June 24, 2018.
The regulated area is a polygon in shape measuring approximately 4,500
yards in length by 1,600 yards in width. The 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.
[[Page 23393]]
This proposed rule provides additional information about areas
within the regulated area and their definitions. These areas include
``Race Area'', ``Buffer Zone'', and ``Spectator Area''.
The duration of the regulated area is intended to ensure the safety
of vessels and these navigable waters before, during, and after the
scheduled 10 a.m. until 5 p.m. high-speed power boat racing event.
Under the proposed rule, the COTP or Coast Guard Patrol Commander 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 would be
required to immediately comply with the directions given. Failure to do
so could result in expulsion from the area, citation for failure to
comply, or both.
Except for Ocean City Grand Prix participants, no vessel or person
would be permitted to enter the regulated area without obtaining
permission from the COTP Maryland-National Capital Region or the Coast
Guard patrol commander. Vessel operators would be allowed to request
permission to enter and transit through a regulated area by contacting
the Coast Guard patrol commander on VHF-FM channel 16. All persons and
vessels not registered with the event sponsor as participants or
assigned as official patrols are considered spectators. Official
Patrols are 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.
If permission is granted, spectators would be allowed to enter the
spectator area or pass directly through the regulated area as
instructed by Coast Guard Patrol Commander and at safe speed and
without loitering. All spectator vessels would be required to be
anchored or operate at a No Wake Speed within the designated spectator
area. Official patrol vessels will direct spectator vessels to the
spectator 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 16 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 COTP Coast Guard Patrol Commander 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
regulated area 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 proposed rule would not
result in such an expenditure, we do discuss the
[[Page 23394]]
effects of this rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, which guides 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 16 hours.
Normally such actions are categorically excluded from further review
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A preliminary Memorandum for Record for
Categorically Excluded Actions 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: 33 U.S.C. 1233; 33 CFR 1.05-1.
0
2. Add Sec. 100.501T05-0296 to read as follows:
Sec. 100.501T05-0296 Special Local Regulation; North Atlantic Ocean,
Ocean City, MD.
(a) 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 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.
Participants means all persons and vessels registered with the
event sponsor as participating in the Ocean City Grand Prix event or
otherwise designated by 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.
Spectators means all persons and vessels not registered with the
event sponsor as participants or assigned as official patrols.
Spectator Area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
spectator area within the regulated area defined by this section.
(b) 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 following locations 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 the preceding paragraph 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;
[[Page 23395]]
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.
(c) Special local regulations: (1) The COTP or Coast Guard Patrol
Commander 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.
Failure to do so may result in expulsion from the area, citation for
failure to comply, or both. The Coast Guard Patrol Commander may
terminate the event, or the operation of any vessel designated by event
sponsor as having a function tied to the event, at any time the Coast
Guard Patrol Commander deems it necessary for the protection of life or
property.
(2) Except for participants and vessels already at berth, all
persons and vessels within the regulated area at the start of
enforcement are to depart the regulated area.
(3) Spectators shall contact the Coast Guard Patrol Commander to
request permission to either enter the spectator area or pass through
the regulated area. The Coast Guard Patrol Commander 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, spectators may enter the spectator area or
must pass directly through the regulated area as instructed by Coast
Guard Patrol Commander and at safe speed and without loitering. All
spectator vessels shall be anchored or operate at a No Wake Speed
within the designated spectator area. Official patrol vessels will
direct spectator vessels to the spectator area.
(4) Only participant vessels and official patrol vessels are
allowed to enter the race area.
(5) Persons and vessels desiring to transit, moor, or anchor within
the regulated area must first obtain authorization from the COTP
Maryland-National Capital Region or Coast Guard Patrol Commander. The
Coast Guard Patrol Commander can be contacted on Marine Band Radio,
VHF-FM channel 16 (156.8 MHz) to seek permission to transit, moor, or
anchor within the regulated area while this section is being enforced.
(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 periods. This section will be enforced from 9:30
a.m. to 5:30 p.m. on June 23, 2018 and from 9:30 a.m. to 5:30 p.m. on
June 24, 2018.
Dated: May 15, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2018-10730 Filed 5-18-18; 8:45 am]
BILLING CODE 9110-04-P
