
[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Proposed Rules]
[Pages 31733-31736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14366]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / 
Proposed Rules  

[[Page 31733]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0571]
RIN 1625-AA08


Special Local Regulation; Choptank River, Cambridge, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: 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 August 
19, 2017, and August 20, 2017. 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 August 9, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0571 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 
Ronald.L.Houck@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On May 17, 2017, The Kent Narrows Racing Association of Chester, 
MD, notified the Coast Guard that it will be conducting power boat 
races from 9 a.m. until 5 p.m. on August 19, 2017, and August 20, 2017. 
Final details of the event were provided to the Coast Guard on June 20, 
2017. The high-speed power boat racing event consists of approximately 
60 participants competing on a designated 1-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. The COTP Maryland-
National Capital Region has determined that potential hazards 
associated with the power boat races would be a safety concern for 
anyone intending to participate in this event or for vessels that 
operate within specified waters of the Choptank River at Cambridge, MD.
    The purpose of this rulemaking is to protect marine event 
participants, spectators and transiting vessels on specified waters of 
the Choptank River 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 proposes to establish 
special local regulations from 8:30 a.m. until 5:30 p.m. on August 19, 
2017 and August 20, 2017. The regulated area would include all 
navigable waters within Hambrooks Bay and Choptank River west and south 
of a line commencing at the shoreline, at latitude 38[deg]35'00'' N., 
longitude 076[deg]04'43'' W., thence east to latitude 38[deg]35'00'' 
N., longitude 076[deg]04'23.7'' W., thence north to latitude 
38[deg]35'22.7'' N., longitude 076[deg]04'23.7'' W., thence northwest 
to latitude 38[deg]35'42.2'' N., longitude 076[deg]04'51.1'' W., at 
Hambrooks Bar Light LLNR 24995, thence southwest to latitude 
38[deg]35'34.2'' N., longitude 076[deg]05'12.3'' W., terminating at the 
Hambrooks Bay breakwall as it intersects the shoreline. This rule 
provides additional information about designated areas within the 
regulated area, including ``Race Area,'' ``Spectator Area'' and 
``Buffer Zone,'' and the restrictions that apply to mariners. The 
duration of the regulated area is intended to ensure the safety of 
event participants and vessels within the specified navigable waters 
before, during, and after the power boat races, scheduled to occur 
between 9 a.m. and 5 p.m. each day. Except for 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. 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 and 
duration of the regulated area, which would impact a small designated 
area of the Choptank River for 18 hours. The Coast Guard would issue a 
Broadcast Notice to Mariners via marine band radio VHF-

[[Page 31734]]

FM channel 16 about the status of the regulated area. Moreover, the 
rule would allow vessel operators to request permission to enter the 
regulated area for the purpose of safely transiting the regulated area 
if deemed safe to do so by the Coast Guard Patrol Commander.

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 above.

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 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 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves 
implementation of regulations within 33 CFR part 100 applicable to 
organized marine events on the navigable waters of the United States 
that may negatively impact the safety of waterway users and shore side 
activities within the event area. This category of marine event water 
activities includes but is not limited to sail boat regattas, boat 
parades, power boat racing, swimming events, crew racing, canoe and 
sail board racing. Normally such actions are categorically excluded 
from further review under paragraph 34(h) of Figure 2-1 of Commandant 
Instruction M16475.lD. A preliminary Record of Environmental 
Consideration (REC) 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, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    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 Web site'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.

[[Page 31735]]

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.

0
2. Add Sec.  100.35-T05-0571 to read as follows:


Sec.  100.501-T05-0571  Special Local Regulation; Choptank River, 
Cambridge, MD.

    (a) Definitions. (1) Captain of the Port Maryland-National Capital 
Region means the Commander, U.S. Coast Guard Sector Maryland-National 
Capital Region or a Coast Guard commissioned, warrant or petty officer 
who has been authorized by the Captain of the Port to act on his 
behalf.
    (2) 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.
    (3) 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.
    (4) Spectator means any person or vessel not registered with the 
event sponsor as a participant or an official patrol vessel.
    (5) Participant means any person or vessel participating in the 
Thunder on the Choptank event under the auspices of the Marine Event 
Permit issued to the event sponsor and approved by Commander, Coast 
Guard Sector Maryland-National Capital Region.
    (b) Regulated area. All coordinates reference Datum NAD 1983. (1) 
Coordinates: The following location is a regulated area: All navigable 
waters within Hambrooks Bay and Choptank River west and south of a line 
commencing at the shoreline, at latitude 38[deg]35'00'' N., longitude 
076[deg]04'43'' W., thence east to latitude 38[deg]35'00'' N., 
longitude 076[deg]04'23.7'' W., thence north to latitude 
38[deg]35'22.7'' N., longitude 076[deg]04'23.7'' W., thence northwest 
to latitude 38[deg]35'42.2'' N., longitude 076[deg]04'51.1'' W., at 
Hambrooks Bar Light LLNR 24995, thence southwest to latitude 
38[deg]35'34.2'' N., longitude 076[deg]05'12.3'' W., terminating at the 
Hambrooks Bay breakwall as it intersects the shoreline.
    (2) Race area: Located within the waters of Hambrooks Bay and 
Choptank River, in an area bound to the north by the Hambrooks Bay 
breakwall and bounded to the east by a line drawn along longitude 
076[deg]04'37'' W.
    (3) Buffer zone: All waters within Hambrooks Bay and Choptank River 
(with the exception of the Race Area designated by the marine event 
sponsor) bound to the north by the breakwall and continuing along a 
line drawn from the east end of breakwall located at latitude 
38[deg]35'27.6'' N., longitude 076[deg]04'50.1'' W., thence southeast 
to latitude 38[deg]35'17.7'' N., longitude 076[deg]04'29'' W., thence 
south to latitude 38[deg]35'01'' N., longitude 076[deg]04'29'' W., 
thence west to the shoreline at latitude 38[deg]35'01'' N., longitude 
076[deg]04'41.3'' W.
    (4) Spectator area: All waters of the Choptank River, eastward and 
outside of Hambrooks Bay breakwall, thence bound by line that commences 
at latitude 38[deg]35'27.6'' N., longitude 076[deg]04'50.1'' W., thence 
southeast to latitude 38[deg]35'21.3'' N., longitude 076[deg]04'37.2'' 
W., thence southeast to latitude 38[deg]35'21.3'' N., longitude 
076[deg]04'37.2'' W., thence northeast to latitude 38[deg]35'27.8'' N., 
longitude 076[deg]04'30.5'' W., thence northwest to latitude 
38[deg]35'42.2'' N., longitude 076[deg]04'51.1'' W., at Hambrooks Bar 
Light LLNR 24995, thence south to and terminating at the point of 
origin.
    (c) Special local regulations: (1) The Captain of the Port 
Maryland-National Capital Region or the 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.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (iii) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the race course.
    (3) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any participant, at any time it is deemed necessary 
for the protection of life or property.
    (4) The Race Area is an area described by a line bounded by 
coordinates provided in latitude and longitude that outlines the 
boundary of a Race Area within the regulated area defined in paragraph 
(b)(2) of this section. The actual placement of the Race Area will be 
determined by the marine event sponsor within the designated 
boundaries. Only participants and official patrol vessels are allowed 
to enter the Race Area.
    (5) The Buffer Zone is an area that surrounds the perimeter of the 
Race Area within the regulated area defined in paragraph (b)(3) of this 
section. The purpose of a Buffer Zone is to minimize potential 
collision conflicts with participants and spectators or nearby 
transiting vessels. This area provides separation between the Race Area 
and Spectator Area or other vessels that are operating in the vicinity 
of the regulated area defined in paragraph (b)(1) of this section. Only 
participants and official patrol vessels are allowed to enter the 
Buffer Zone.
    (6) The Spectator Area is an area described by a line bounded by 
coordinates provided in latitude and longitude that outlines the 
boundary of a spectator area within the regulated area defined in 
paragraph (b)(4) of this section. Spectators are only allowed inside 
the regulated area if they remain within the Spectator Area. All 
spectator vessels shall be anchored or operate at a no-wake speed while 
transiting within the Spectator Area. Spectators may contact the Coast 
Guard Patrol Commander to request permission to either enter the 
Spectator Area or pass through the regulated area. If permission is 
granted, spectators must enter the Spectator Area or pass directly 
through the regulated area as instructed at safe speed and without 
loitering.
    (7) 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). Persons and 
vessels desiring to transit, moor, or anchor within the regulated area 
must obtain authorization from Captain of the Port Maryland-National 
Capital Region or Coast Guard Patrol Commander. The Captain of the Port 
Maryland-National Capital Region can be contacted at telephone number 
410-576-2693 or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). 
The Coast Guard Patrol Commander can be contacted on Marine Band Radio, 
VHF-FM channel 16 (156.8 MHz).
    (8) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue a

[[Page 31736]]

marine information broadcast on VHF-FM marine band radio.
    (d) Enforcement. The Coast Guard may be assisted with marine event 
patrol and enforcement of the regulated area by other Federal, State, 
and local agencies.
    (e) Enforcement periods. This section will be enforced from 8:30 
a.m. until 5:30 p.m. on August 19, 2017, and from 8:30 a.m. until 5:30 
p.m. on August 20, 2017.

    Dated: July 3, 2017.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2017-14366 Filed 7-7-17; 8:45 am]
 BILLING CODE 9110-04-P


