
[Federal Register Volume 84, Number 52 (Monday, March 18, 2019)]
[Proposed Rules]
[Pages 9724-9727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04954]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0107]
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 is proposing to establish special local 
regulations for certain waters of the Choptank River. This action is 
necessary to provide for the safety of life on these navigable waters 
located at Cambridge, MD, during a high-speed power boat racing event 
on July 27, 2019, and July 28, 2019. 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 April 17, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0107 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. Ron

[[Page 9725]]

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
PATCOM Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On February 10, 2019, the Kent Narrows Racing Association of 
Chester, MD, notified the Coast Guard that it will be conducting the 
Thunder on the Choptank from 10 a.m. to 6 p.m. on July 27, 2019, and 
from 10 a.m. to 6 p.m. on July 28, 2019. The high-speed power boat 
racing event consists of approximately 60 participating inboard and 
outboard hydroplane and runabout race boats of various classes, 10 to 
20 feet in length. The vessels will be competing on a designated, 
marked 1-mile oval course located in the Choptank River in a cove 
located between Hambrooks Bar and the shoreline at Cambridge, MD. 
Hazards from the power boat racing event 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. Additionally, such hazards include 
participants operating near designated navigation channels, as well as 
operating near approaches to local public boat ramps, private marinas 
and yacht clubs, and waterfront businesses. 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 
operate within certain waters of the Choptank River at Cambridge, MD.
    The purpose of this rulemaking is to protect event participants, 
spectators, and transiting vessels on certain waters of Choptank River 
before, during, and after the scheduled event. The Coast Guard proposes 
this rulemaking under authority in 46 U.S.C. 70041, which authorizes 
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 to be enforced from 9:30 a.m. to 6:30 p.m. on 
July 27, 2019, and from 9:30 a.m. to 6:30 on July 28, 2019. The 
regulated area would cover 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 proposed rule provides additional information about areas 
within the regulated area, and the restrictions that apply to mariners. 
These areas include a ``Race Area'', ``Buffer Zone'' and ``Spectator 
Area''.
    The proposed duration of the rule and size of the regulated area 
are intended to ensure the safety of life on these navigable waters 
before, during, and after the high-speed power boat races, scheduled 
from 10 a.m. until 6 p.m. on July 27, 2019, and July 28, 2019. The COTP 
and Coast Guard Patrol Commander (PATCOM) would have authority to 
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 by the COTP or 
PATCOM. If a person or vessel fails to follow such directions, the 
Coast Guard may expel them from the area, issue them a citation for 
failure to comply, or both.
    Except for Thunder on the Choptank participants and vessels already 
at berth, a vessel or person would be required to get permission from 
the COTP or PATCOM before entering the regulated area while the rule is 
being enforced. Vessel operators could request permission to enter and 
transit through the regulated area by contacting the PATCOM on VHF-FM 
channel 16. Vessel traffic would be able to safely transit the 
regulated area once the PATCOM deems it safe to do so. A person or 
vessel not registered with the event sponsor as a participant or 
assigned as official patrols would be considered a spectator. Official 
Patrols are any vessel assigned or approved by the 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 by the COTP or PATCOM, a person or vessel 
would be allowed to enter the regulated area or pass directly through 
the regulated area as instructed. Vessels would be required to operate 
at a safe speed that minimizes wake while within the regulated area. 
Official patrol vessels will direct spectator vessels while within the 
regulated area. Vessels would be prohibited from loitering within the 
navigable channel. 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 time of year of the racing event, which would impact a small 
designated area of the Choptank River for 18 total enforcement hours. 
The Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the status of the special local regulation. 
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 PATCOM 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

[[Page 9726]]

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 effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, 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 could negatively impact the 
safety of waterway users and shore side activities in the event area 
lasting for 33 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. 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:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0107 to read as follows:


Sec.  100.501T05-0107   Special Local Regulation; Choptank River, 
Cambridge, MD.

    (a) Definitions. As used in this section:
    Captain of the Port (COTP) Maryland-National Capital Region means 
the Commander, U.S. Coast Guard Sector

[[Page 9727]]

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 (PATCOM) 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 Thunder on the Choptank or 
otherwise designated by the event sponsor as having a function tied to 
the event.
    Spectators means all persons and vessels not registered with the 
event sponsor as participants or assigned as official patrols.
    (b) Locations. All coordinates reference Datum NAD 1983.
    (1) 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. The following 
locations are within the regulated area:
    (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, 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 COTP Maryland-National 
Capital Region or PATCOM 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 by the patrol. Failure to do so may result in the Coast Guard 
expelling the person or vessel from the area, issuing a citation for 
failure to comply, or both. The COTP Maryland-National Capital Region 
or PATCOM may terminate the event, or a participant's operations at any 
time the COTP Maryland-National Capital Region or PATCOM believes it 
necessary to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person 
or vessel within the regulated area at the start of enforcement of this 
section must immediately depart the regulated area.
    (3) A spectator must contact the PATCOM to request permission to 
either enter or pass through the regulated area. The PATCOM, 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, the spectator may enter the 
designated Spectator Area or must pass directly through the regulated 
area as instructed by PATCOM. A vessel within the regulated area must 
operate at safe speed that minimizes wake. A spectator vessel must not 
loiter within the navigable channel while within the regulated area.
    (4) A person or vessel that desires to transit, moor, or anchor 
within the regulated area must first obtain authorization from the COTP 
Maryland-National Capital Region or PATCOM. A person or vessel seeking 
such permission can contact the COTP Maryland-National Capital Region 
at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM 
channel 16 (156.8 MHz) or the PATCOM on Marine Band Radio, VHF-FM 
channel 16 (156.8 MHz).
    (5) 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 officials. 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 9:30 
a.m. to 6:30 p.m. on July 27, 2019, and, from 9:30 a.m. to 6:30 p.m. on 
July 28, 2019.

    Dated: March 12, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2019-04954 Filed 3-15-19; 8:45 am]
BILLING CODE 9110-04-P


