83 FR 23392 - Special Local Regulation; North Atlantic Ocean, Ocean City, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 98 (May 21, 2018)

Page Range		23392-23395
FR Document		2018-10730
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.
Federal Register, Volume 83 Issue 98 (Monday, May 21, 2018)
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Proposed Rules]
[Pages 23392-23395]
From the Federal Register Online  [www.thefederalregister.org]
[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 http://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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://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 http://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
23392 Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules

the Effect of Trans Fatty Acids on Low- DEPARTMENT OF HOMELAND application that this year’s Ocean City
Density Lipoprotein Cholesterol,’’ Food SECURITY Grand Prix would be held on a different
and Chemical Toxicology, 98(Pt B):295– date this year from that published in the
307, 2016. Coast Guard Code of Federal Regulations (CFR) at
19. Liska, D.J., C.M. Cook, D.D. Wang, P.C. Table to 33 CFR 100.501 at (b.)19. The
Gaine, and D.J. Baer, ‘‘Trans Fatty Acids 33 CFR Part 100 estimated date for this annual event
and Cholesterol Levels: An Evidence
Map of the Available Science.’’ Food and [Docket Number USCG–2018–0296]
listed in the regulation is either the first
Chemical Toxicology, 98(Pt B):269–81, or second Saturday or Sunday of May,
RIN 1625–AA08 or the second or third Saturday and
2016.
20. Peterson, M., ‘‘What is a de minimis Sunday of September. This year, the
Risk?’’ Risk Management: An
Special Local Regulation; North Ocean City Grand Prix is being held on
International Journal, 4(2):47–55, 2002. Atlantic Ocean, Ocean City, MD June 23, 2018, and June 24, 2018. The
21. Castorina, R. and T.J. Woodruff, AGENCY: Coast Guard, DHS. high-speed power boat racing consist of
‘‘Assessment of Potential Risk Levels approximately 40 participating offshore
Associated with U.S. Environmental ACTION: Notice of proposed rulemaking.
race boats of various classes, 21 to 50
Protection Agency Reference Values,’’ feet in length, operating along a
SUMMARY: The Coast Guard is proposing
Environmental Health Perspectives, designated, marked racetrack-type
111(10):1318–25, 2003.
to establish special local regulations for
certain waters of the North Atlantic course located in the North Atlantic
22. Rosner, B., Fundamentals of Biostatistics,
Ocean. This action is necessary to Ocean, at Ocean City, MD. Details of the
Duxbury Press, Belmont, CA, 2010.
23. Brandt, E.J., R. Myerson, M.C. Perraillon, provide for the safety of life on these proposed event were provided to the
and T.S. Polonsky, ‘‘Hospital navigable waters located at Ocean City, Coast Guard on March 12, 2018.
Admissions for Myocardial Infarction Worcester County, MD, during a high- Hazards from the power boat racing
and Stroke Before and After the Trans- speed power boat racing event on June event include participants operating
Fatty Acid Restrictions in New York,’’ 23, 2018, and June 24, 2018. This near a designated navigation channel, as
JAMA Cardiology, 2(6):627–634, 2017. proposed rulemaking would prohibit well as injury to persons and damage to
24. Restrepo, B.J. and M. Rieger, ‘‘Trans Fat persons and vessels from being in the property that involve vessel mishaps
and Cardiovascular Disease Mortality: regulated area unless authorized by the during high-speed power boat races
Evidence from Bans in Restaurants in conducted on navigable waters located
Captain of the Port Maryland-National
New York,’’ Journal of Health near the shoreline. The Captain of the
Economics, 45:176–96, 2016. Capital Region or Coast Guard Patrol
Commander. We invite your comments Port (COTP) Maryland-National Capital
25. Restrepo, B.J., ‘‘Further Decline of Trans Region has determined that potential
Fatty Acids Levels Among US Adults on this proposed rulemaking.
hazards associated with the power boat
Between 1999–2000 and 2009–2010,’’ DATES: Comments and related material
American Journal of Public Health,
races would be a safety concern for
must be received by the Coast Guard on anyone intending to operate within
107(1):156–8, 2017. or before June 20, 2018.
26. Vesper, H.W., S.P. Caudill, H.C. Kuiper, certain waters of the North Atlantic
ADDRESSES: You may submit comments Ocean at Ocean City, MD.
et al., ‘‘Plasma Trans-Fatty Acid
Concentrations in Fasting Adults identified by docket number USCG– The purpose of this rulemaking is to
Declined from NHANES 1999–2000 to 2018–0296 using the Federal protect event participants, spectators
2009–2010,’’ American Journal of eRulemaking Portal at http:// and transiting vessels on certain waters
Clinical Nutrition, 105(5):1063–9, 2017. www.regulations.gov. See the ‘‘Public of North Atlantic Ocean before, during,
27. Yang, Q., Z. Zhang, F. Loustalot, et al., Participation and Request for and after the scheduled event. The Coast
‘‘Plasma Trans-Fatty Acid Comments’’ portion of the Guard proposes this rulemaking under
Concentrations Continue to be SUPPLEMENTARY INFORMATION section for authority in 33 U.S.C. 1233, which
Associated with Serum Lipid and further instructions on submitting authorize the Coast Guard to establish
Lipoprotein Concentrations Among US comments. and define special local regulations.
adults After Reductions in Trans-Fatty
Acid Intake,’’ Journal of Nutrition, FOR FURTHER INFORMATION CONTACT: If III. Discussion of Proposed Rule
147(5):896–907, 2017. you have questions about this proposed
The COTP Maryland-National Capital
28. Zhang, Z., C. Gillespie, Q. Yang, ‘‘Plasma rulemaking, call or email Mr. Ronald
Region is proposing to establish special
Trans-Fatty Acid Concentrations Houck, U.S. Coast Guard Sector
Continue to be Associated with local regulations that will be enforced
Maryland-National Capital Region; from 9:30 a.m. to 5:30 p.m. on June 23,
Metabolic Syndrome Among US Adults telephone 410–576–2674, email
After Reductions in Trans-Fatty Acid 2018 and from 9:30 a.m. to 5:30 p.m. on
Ronald.L.Houck@uscg.mil. June 24, 2018. The regulated area is a
Intake,’’ Nutrition Research, 43:51–9,
2017. SUPPLEMENTARY INFORMATION: polygon in shape measuring
29. Mensink, R.P., ‘‘Effects of Saturated Fatty I. Table of Abbreviations approximately 4,500 yards in length by
Acids on Serum Lipids and 1,600 yards in width. The area would
Lipoproteins: A Systematic Review and CFR Code of Federal Regulations cover all navigable waters of the North
Regression Analysis,’’ Geneva: World DHS Department of Homeland Security Atlantic Ocean, within an area bounded
Health Organization, 2016. FR Federal Register
NPRM Notice of proposed rulemaking
by the following coordinates:
30. Letter from the American Bakers Commencing at a point near the
Association, et al., to Dr. Scott Gottlieb, Pub. L. Public Law
shoreline at latitude 38°21′42″ N,
sradovich on DSK3GMQ082PROD with PROPOSALS

Commissioner, Food and Drug § Section
Administration (April 30, 2018) (sent by U.S.C. United States Code longitude 075°04′11″ W, thence east to
electronic mail). latitude 38°21′33″ N, longitude
II. Background, Purpose, and Legal 075°03′10″ W, thence southwest to
Dated: May 15, 2018. Basis latitude 38°19′25″ N, longitude
Leslie Kux, On January 30, 2018, the Offshore 075°04′02″ W, thence west to the
Associate Commissioner for Policy. Powerboat Association of Brick shoreline at latitude 38°19′35″ N,
[FR Doc. 2018–10715 Filed 5–18–18; 8:45 am] Township, NJ, notified the Coast Guard longitude 075°05′02″ W, at Ocean City,
BILLING CODE 4164–01–P through submission of a marine event MD.

VerDate Sep<11>2014 16:12 May 18, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\21MYP1.SGM 21MYP1
Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules 23393

This proposed rule provides A. Regulatory Planning and Review Under section 213(a) of the Small
additional information about areas Executive Orders 12866 and 13563 Business Regulatory Enforcement
within the regulated area and their direct agencies to assess the costs and Fairness Act of 1996 (Pub. L. 104–121),
definitions. These areas include ‘‘Race benefits of available regulatory we want to assist small entities in
Area’’, ‘‘Buffer Zone’’, and ‘‘Spectator alternatives and, if regulation is understanding this proposed rule. If the
Area’’. necessary, to select regulatory rule would affect your small business,
The duration of the regulated area is organization, or governmental
approaches that maximize net benefits.
intended to ensure the safety of vessels jurisdiction and you have questions
Executive Order 13771 directs agencies
and these navigable waters before, concerning its provisions or options for
to control regulatory costs through a
during, and after the scheduled 10 a.m. compliance, please contact the person
budgeting process. This NPRM has not
until 5 p.m. high-speed power boat listed in the FOR FURTHER INFORMATION
racing event. Under the proposed rule, been designated a ‘‘significant
CONTACT section. The Coast Guard will
the COTP or Coast Guard Patrol regulatory action,’’ under Executive
not retaliate against small entities that
Commander may forbid and control the Order 12866. Accordingly, the NPRM
question or complain about this
movement of all vessels and persons, has not been reviewed by the Office of
proposed rule or any policy or action of
including event participants, in the Management and Budget (OMB), and
the Coast Guard.
regulated area. When hailed or signaled pursuant to OMB guidance it is exempt
by an official patrol, a vessel or person from the requirements of Executive C. Collection of Information
in the regulated area would be required Order 13771. This proposed rule would not call for
to immediately comply with the This regulatory action determination a new collection of information under
directions given. Failure to do so could is based on the size, duration and the Paperwork Reduction Act of 1995
result in expulsion from the area, location of the regulated area. Vessel (44 U.S.C. 3501–3520).
citation for failure to comply, or both. traffic would be able to safely transit
around this regulated area, which would D. Federalism and Indian Tribal
Except for Ocean City Grand Prix
impact a small designated area of the Governments
participants, no vessel or person would
be permitted to enter the regulated area North Atlantic Ocean for 16 hours. The A rule has implications for federalism
without obtaining permission from the Coast Guard would issue a Broadcast under Executive Order 13132,
COTP Maryland-National Capital Notice to Mariners via VHF–FM marine Federalism, if it has a substantial direct
Region or the Coast Guard patrol channel 16 about the status of the effect on the States, on the relationship
commander. Vessel operators would be regulated area. Moreover, the rule between the national government and
allowed to request permission to enter would allow vessels to seek permission the States, or on the distribution of
and transit through a regulated area by to enter the regulated area, and vessel power and responsibilities among the
contacting the Coast Guard patrol traffic would be able to safely transit the various levels of government. We have
commander on VHF–FM channel 16. regulated area once the COTP Coast analyzed this proposed rule under that
All persons and vessels not registered Guard Patrol Commander deems it safe Order and have determined that it is
with the event sponsor as participants to do so. consistent with the fundamental
or assigned as official patrols are B. Impact on Small Entities federalism principles and preemption
considered spectators. Official Patrols requirements described in Executive
are any vessel assigned or approved by The Regulatory Flexibility Act of Order 13132.
Commander, Coast Guard Sector 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have
Maryland-National Capital Region with requires Federal agencies to consider tribal implications under Executive
a commissioned, warrant, or petty the potential impact of regulations on Order 13175, Consultation and
officer on board and displaying a Coast small entities during rulemaking. The Coordination with Indian Tribal
Guard ensign. term ‘‘small entities’’ comprises small Governments, because it would not have
If permission is granted, spectators businesses, not-for-profit organizations a substantial direct effect on one or
would be allowed to enter the spectator that are independently owned and more Indian tribes, on the relationship
area or pass directly through the operated and are not dominant in their between the Federal Government and
regulated area as instructed by Coast fields, and governmental jurisdictions Indian tribes, or on the distribution of
Guard Patrol Commander and at safe with populations of less than 50,000. power and responsibilities between the
speed and without loitering. All The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes.
spectator vessels would be required to 605(b) that this proposed rule would not If you believe this proposed rule has
be anchored or operate at a No Wake have a significant economic impact on implications for federalism or Indian
Speed within the designated spectator a substantial number of small entities. tribes, please contact the person listed
area. Official patrol vessels will direct While some owners or operators of in the FOR FURTHER INFORMATION
spectator vessels to the spectator area. vessels intending to transit the regulated CONTACT section.
Only participant vessels and official area may be small entities, for the
reasons stated in section IV.A above this E. Unfunded Mandates Reform Act
patrol vessels would be allowed to enter
the race area. proposed rule would not have a The Unfunded Mandates Reform Act
The regulatory text we are proposing significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
appears at the end of this document. vessel owner or operator. Federal agencies to assess the effects of
If you think that your business, their discretionary regulatory actions. In
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IV. Regulatory Analyses organization, or governmental particular, the Act addresses actions
We developed this proposed rule after jurisdiction qualifies as a small entity that may result in the expenditure by a
considering numerous statutes and and that this rule would have a State, local, or tribal government, in the
Executive orders related to rulemaking. significant economic impact on it, aggregate, or by the private sector of
Below we summarize our analyses please submit a comment (see $100,000,000 (adjusted for inflation) or
based on a number of these statutes and ADDRESSES) explaining why you think it more in any one year. Though this
Executive orders and we discuss First qualifies and how and to what degree proposed rule would not result in such
Amendment rights of protestors. this rule would economically affect it. an expenditure, we do discuss the

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Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules 23395

thence southwest to latitude 38°19′28″ National Capital Region or Coast Guard further instructions on submitting
N, longitude 075°04′17″ W; thence west Patrol Commander. The Coast Guard comments.
to the shoreline at latitude 38°19′35″ N, Patrol Commander can be contacted on FOR FURTHER INFORMATION CONTACT: If
longitude 075°05′02″ W, at Ocean City, Marine Band Radio, VHF–FM channel you have questions about this proposed
MD. 16 (156.8 MHz) to seek permission to rulemaking, call or email Mr. Ronald
(4) Spectator Area. The designated transit, moor, or anchor within the Houck, U.S. Coast Guard Sector
spectator area is a polygon in shape regulated area while this section is Maryland-National Capital Region;
measuring approximately 3,500 yards in being enforced. telephone 410–576–2674, email
length by 350 yards in width. The area (6) The Coast Guard will publish a Ronald.L.Houck@uscg.mil.
is bounded by a line commencing at notice in the Fifth Coast Guard District SUPPLEMENTARY INFORMATION:
position latitude 38°19′40″ N, longitude Local Notice to Mariners and issue a
075°04′12″ W, thence east to latitude marine information broadcast on VHF– I. Table of Abbreviations
38°19′37″ N, longitude 075°03′59″ W, FM marine band radio announcing CFR Code of Federal Regulations
thence northeast to latitude 38°21′17″ N, specific event date and times. DHS Department of Homeland Security
longitude 075°03′17″ W, thence west to (d) Enforcement periods. This section FR Federal Register
latitude 38°21′20″ N, longitude will be enforced from 9:30 a.m. to 5:30 NPRM Notice of proposed rulemaking
075°03′31″ W, thence southwest to point p.m. on June 23, 2018 and from 9:30 Pub. L. Public Law
of origin. a.m. to 5:30 p.m. on June 24, 2018. § Section
(c) Special local regulations: (1) The U.S.C. United States Code
COTP or Coast Guard Patrol Dated: May 15, 2018.
Joseph B. Loring,
II. Background, Purpose, and Legal
Commander may forbid and control the Basis
movement of all vessels and persons, Captain, U.S. Coast Guard, Captain of the
including event participants, in the Port Maryland-National Capital Region. On February 18, 2018, Kent Narrows
regulated area. When hailed or signaled [FR Doc. 2018–10730 Filed 5–18–18; 8:45 am] Racing Association of Chester, MD,
by an official patrol, a vessel or person BILLING CODE 9110–04–P
notified the Coast Guard that it will be
in the regulated area shall immediately conducting power boat races from 9 a.m.
comply with the directions given. until 6 p.m. on July 28, 2018, and July
Failure to do so may result in expulsion DEPARTMENT OF HOMELAND 29, 2018. The high-speed power boat
from the area, citation for failure to SECURITY racing event consists of approximately
comply, or both. The Coast Guard Patrol 60 participants competing on a
Commander may terminate the event, or Coast Guard designated one-mile oval course in the
the operation of any vessel designated Choptank River in a cove located
by event sponsor as having a function 33 CFR Part 100 between Hambrooks Bar and the
tied to the event, at any time the Coast shoreline at Cambridge, MD. Hazards
[Docket Number USCG–2018–0178]
Guard Patrol Commander deems it from the power boat races include risks
necessary for the protection of life or RIN 1625–AA08 of injury or death resulting from near or
property. actual contact among participant vessels
(2) Except for participants and vessels Special Local Regulation; Choptank and spectator vessels or waterway users
already at berth, all persons and vessels River, Cambridge, MD if normal vessel traffic were to interfere
within the regulated area at the start of with the event. Details of the proposed
AGENCY: Coast Guard, DHS. event were provided to the Coast Guard
enforcement are to depart the regulated
area. ACTION: Notice of proposed rulemaking. at a meeting on April 10, 2018. There it
(3) Spectators shall contact the Coast was learned that during past power boat
SUMMARY: The Coast Guard proposes to
Guard Patrol Commander to request racing events in the area, large wakes
establish special local regulations for
permission to either enter the spectator created from transient vessels operating
certain waters of the Choptank River.
area or pass through the regulated area. on the Choptank River west of the
This action is necessary to provide for
The Coast Guard Patrol Commander and Senator Frederick C. Malkus, Jr. (US–50)
the safety of life on the navigable waters
official patrol vessels enforcing this Memorial Bridge have caused great
located in Cambridge, MD, during a
regulated area can be contacted on concern for event planners. Such wakes
power boat racing event on July 28,
marine band radio VHF–FM channel 16 are hazardous to participants as their
2018, and July 29, 2018. This proposed
(156.8 MHz) and channel 22A (157.1 presence in the race area would result
rule would prohibit persons and vessels
MHz). If permission is granted, in injury or death due to vessel
from entering the regulated area unless
spectators may enter the spectator area capsizing or collisions among
authorized by the Captain of the Port
or must pass directly through the participant vessels during the high-
Maryland-National Capital Region or the
regulated area as instructed by Coast speed races. Allowing the proposed
Coast Guard Patrol Commander. We
Guard Patrol Commander and at safe power boat racing event to proceed
invite your comments on this proposed
speed and without loitering. All without including these navigable
rulemaking.
spectator vessels shall be anchored or waters within the regulated area would
operate at a No Wake Speed within the DATES: Comments and related material adversely affect event participants. The
designated spectator area. Official patrol must be received by the Coast Guard on Captain of the Port (COTP) Maryland-
vessels will direct spectator vessels to or before June 20, 2018. National Capital Region has determined
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the spectator area. ADDRESSES: You may submit comments that potential hazards associated with
(4) Only participant vessels and identified by docket number USCG– the power boat races would be a safety
official patrol vessels are allowed to 2018–0178 using the Federal concern for anyone intending to
enter the race area. eRulemaking Portal at http:// participate in this event or for vessels
(5) Persons and vessels desiring to www.regulations.gov. See the ‘‘Public that operate within specified waters of
transit, moor, or anchor within the Participation and Request for the Choptank River at Cambridge, MD.
regulated area must first obtain Comments’’ portion of the The purpose of this rulemaking is to
authorization from the COTP Maryland- SUPPLEMENTARY INFORMATION section for protect marine event participants,

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Document Created: 2018-11-02 11:07:44
Document Modified: 2018-11-02 11:07:44
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before June 20, 2018.
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]
FR Citation		83 FR 23392
RIN Number		1625-AA08
CFR Associated		Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways
83 FR 23392 - Special Local Regulation; North Atlantic Ocean, Ocean City, MD

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 98 (May 21, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
