[Federal Register Volume 84, Number 95 (Thursday, May 16, 2019)]
[Proposed Rules]
[Pages 22079-22082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10140]


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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: Supplemental notice of proposed rulemaking; reopening of public 
comment period.

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SUMMARY: The Coast Guard proposes to amend its notice of proposed 
rulemaking and reopen the public comment period for a special local 
regulation for certain waters of the Choptank River at Cambridge MD, 
during the Thunder on the Choptank on July 27, 2019, and July 28, 2019 
published in the Federal Register on March 18, 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 June 17, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0107 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public

[[Page 22080]]

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 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
SNPRM Supplemental notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard published a NPRM on March 18, 2019 (84 FR 9724), 
proposing to establish a special local regulation for the Thunder on 
the Choptank, on July 27, 2019, and July 28, 2019. The comment period 
closed April 17, 2019. The Coast Guard received two comments on the 
original request for comments.
    Subsequent to the Coast Guard publishing the notice of proposed 
rulemaking, the Coast Guard noticed that the coordinates delineating 
the regulated area and designated spectator area in the NPRM were 
incorrect, and were based on those previously used for the Thunder on 
the Choptank held in 2017. The regulated area and designated spectator 
area coordinates for this year's Thunder on the Choptank are intended 
to be based on those used for Thunder on the Choptank held last year. 
We are issuing this supplemental proposal to amend the proposed special 
local regulation to publicize the correct coordinates for the regulated 
area and designated spectator area, and reopen the comment period to 
account for this change. The Coast Guard will accept and review any 
comments received between the close of the comment period and the 
publication of this supplemental notice of proposed rulemaking.
    The purpose of this rulemaking is to protect event participants, 
spectators and transiting vessels on certain waters of the 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

    This proposed rule would create a temporary special local 
regulation on certain waters of the Choptank River for the Thunder on 
the Choptank. This special local regulation would publicize the correct 
coordinates for the regulated area and designated spectator area. 
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 expanding the size of proposed 
regulated area to include these navigable waters within the regulated 
area would adversely affect event participants. 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. 
Although incorrect designated spectator area coordinates were published 
in the NPRM, the changes proposed with this SNPRM are considered minor. 
There are no significant changes to the location and size of the 
designated spectator area.
    The revised proposed regulated area would cover all navigable 
waters of 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 northeast 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; thence west along the Hambrooks Bay 
breakwall to latitude 38[deg]35'33'' N, longitude 076[deg]05'17'' W; 
thence south and east along the shoreline to and terminating at the 
point of origin.
    The revised proposed designated spectator area would cover all 
navigable waters of the Choptank River, eastward and outside of 
Hambrooks Bay breakwall, thence bound by line that commences at 
latitude 38[deg]35'28'' N, longitude 076[deg]04'50'' W; thence 
northeast to latitude 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 and terminating at the 
point of origin.
    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 from 10 a.m. 
until 6 p.m. on July 27, 2019, and July 28, 2019.
    All other regulatory provisions in the original proposed rulemaking 
remain the same. 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

[[Page 22081]]

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 
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 
safety zone 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 18 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 https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.


[[Page 22082]]


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 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 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 
northeast 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; thence west 
along the Hambrooks Bay breakwall to latitude 38[deg]35'33'' N, 
longitude 076[deg]05'17'' W; thence south and east along the shoreline 
to and terminating at the point of origin. 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]35'28'' N, longitude 076[deg]04'50'' W; thence 
northeast to latitude 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 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: May 7, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2019-10140 Filed 5-15-19; 8:45 am]
 BILLING CODE 9110-04-P


