[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Proposed Rules]
[Pages 23395-23398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10795]


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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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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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 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 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 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 high-speed 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) 
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,

[[Page 23396]]

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 
authorizes 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 to be enforced from 8:30 a.m. until 6:30 p.m. 
on July 28, 2018 and July 29, 2018. This special local regulation would 
include navigable waters of the Choptank River located between the 
Senator Frederick C. Malkus, Jr. (US-50) Memorial Bridge, at mile 15.5, 
and Hambrooks Bar Light. The area of the regulated area is 
approximately 3,000 yards in length and 3,000 yards in width.
    The regulated area would include all navigable waters within 
Choptank River and Hambrooks Bay bounded by a line connecting the 
following coordinates: Commencing at the shoreline at Long Wharf Park, 
Cambridge, MD, at position latitude 38[deg]34'30'' N, longitude 
076[deg]04'16'' W; thence east to latitude 38[deg]34'20'' N, longitude 
076[deg]03'46'' W; thence north across the Choptank River along the 
Senator Frederick C. Malkus, Jr. (US-50) Memorial Bridge, at mile 15.5, 
to latitude 38[deg]35'30'' N, longitude 076[deg]02'52'' W; thence west 
along the shoreline to latitude 38[deg]35'38'' N, longitude 
076[deg]03'09'' W; thence north and west along the shoreline to 
latitude 38[deg]36'42'' N, longitude 076[deg]04'15'' W; thence 
southwest across the Choptank River to latitude 38[deg]35'31'' N, 
longitude 076[deg]04'57'' W, terminating at the Hambrooks Bay 
breakwall. This rule provides additional information about designated 
areas within the regulated area, including a ``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 9 a.m. through 6 p.m. each day. Persons and vessels desiring to 
transit, moor, or anchor within the regulated area must obtain 
authorization from COTP Maryland-National Capital Region or Coast Guard 
Patrol Commander. When authorized to transit the regulated area, all 
vessels would proceed at the minimum speed necessary to maintain a safe 
course that minimizes wake near the race course. 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, location 
and duration of the regulated area. Vessel traffic would be able to 
safely transit through the regulated area, which would impact a small 
designated area of the Choptank River for 20 hours. The Coast Guard 
would issue a Broadcast Notice to Mariners via marine band radio VHF-FM 
channel 16 about the status of the regulated area. Moreover, the rule 
would, when deemed safe to do so by the Coast Guard Patrol Commander, 
allow vessel operators to request permission to enter, remain within, 
or transit through the regulated area for the purpose of either safely 
entering the ``Spectator Area'' or transiting the regulated area at the 
minimum speed necessary to maintain a safe course that minimizes wake 
near the race course.

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.

[[Page 23397]]

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 a special 
local regulation lasting for 20 hours. 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 L61 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Memorandum for 
Record 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 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.  100.35-T05-0178 to read as follows:


Sec.  100.35-T05-0178   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 the Choptank River and Hambrooks Bay bounded by 
a line connecting the following coordinates: Commencing at the 
shoreline at Long Wharf Park, Cambridge, MD, at position latitude 
38[deg]34'30'' N, longitude 076[deg]04'16'' W; thence east to latitude 
38[deg]34'20'' N, longitude 076[deg]03'46'' W; thence north across the 
Choptank River along the Senator Frederick C. Malkus, Jr. (US-50) 
Memorial Bridge, at mile 15.5, to latitude 38[deg]35'30'' N, longitude 
076[deg]02'52'' W; thence west along the shoreline to latitude 
38[deg]35'38'' N, longitude 076[deg]03'09'' W; thence north and west 
along the shoreline to latitude 38[deg]36'42'' N, longitude 
076[deg]04'15'' W; thence southwest across the Choptank River to 
latitude 38[deg]35'31'' N, longitude 076[deg]04'57'' W, terminating at 
the Hambrooks Bay breakwall.
    (2) Race area. Located within the waters of Hambrooks Bay and 
Choptank River, between Hambrooks Bar and Great Marsh Point, MD.
    (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, bounded by line that commences at 
latitude 38[deg]35'27.6'' N, longitude 076[deg]04'50.1'' W, thence 
northeast to latitude

[[Page 23398]]

38[deg]35'30'' N, longitude 076[deg]04'47'' W, thence southeast to 
latitude 38[deg]35'23'' N, longitude 076[deg]04'29'' W, thence 
southwest to latitude 38[deg]35'19'' N, longitude 076[deg]04'31'' W, 
thence northwest to 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 within the regulated area defined in 
paragraph (b)(2) of this section. The actual placement of the race 
course will be determined by the marine event sponsor but must be 
located within the designated boundaries of the Race Area. 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. All vessels within the Spectator Area 
shall be anchored or operate at a no-wake speed while transiting within 
the Spectator Area.
    (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 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 6:30 p.m. on July 28, 2018, and from 8:30 a.m. until 6:30 
p.m. on July 29, 2018.

    Dated: May 2, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-10795 Filed 5-18-18; 8:45 am]
 BILLING CODE 9110-04-P


