[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Rules and Regulations]
[Pages 38233-38236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15124]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0211]
RIN 1625-AA08


Special Local Regulations, Choptank River, Cambridge, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing special local regulations for 
certain waters of the Choptank River. This action is necessary to 
provide for the safety of life on navigable waters located at 
Cambridge, MD, during a high-speed power boat racing event on July 24, 
2021 and July 25, 2021. This regulation prohibits persons and vessels 
from being in the regulated area unless authorized by the Captain of 
the Port Maryland-National Capital Region or Coast Guard Event Patrol 
Commander.

DATES: This rule is effective from 9 a.m. July 24, 2021, through 6 p.m. 
on July 25, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0211 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Samuel M. Danus, Waterways Management Division, U.S. 
Coast Guard; telephone 410-576-2519, email Samuel.M.Danus@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
Event PATCOM Event Patrol Commander
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On February 22, 2021, the Kent Narrows Racing Association of 
Chester, MD, notified the Coast Guard that it will be conducting the 
Thunder on the Choptank from 9:30 a.m. to 5:30 p.m. on July 24, 2021, 
and those same hours on July 25, 2021. The high-speed power boat racing 
event consists of approximately 50 participating inboard and outboard 
hydroplane and runabout race boats of various classes, 16 to 21 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. Details of the event 
were provided to the Coast Guard on April 19, 2021. In response, on 
June 7, 2021, the Coast Guard published a notice of proposed rulemaking 
(NPRM) titled Special Local Regulations; Choptank River, Cambridge, MD 
(86 FR 30221). There we stated why we issued the NPRM, and invited 
comments on our proposed regulatory action related to this fireworks 
display. During the comment period that ended June 22, 2021, we 
received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because the regulated area is needed 
prior to the start of the event on July 24, 2021, in order to safeguard 
the public from hazards from power boat racing, including risks of 
injury or death resulting from near or actual contact among participant 
vessels, spectator vessels or waterways users if normal traffic were to 
interfere with the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 46 
U.S.C. 70041. The Captain of the Port Maryland-National Capital Region 
(COTP) 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

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published June 
7, 2021. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    The COTP Maryland-National Capital Region is establishing special 
local regulations from 9 a.m. on July 24, 2021 until 6 p.m. on July 25, 
2021. The special local regulations will be enforced from 9 a.m. to 6 
p.m. on July 24th and those same hours on July 25th. The regulated area 
will cover 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

[[Page 38234]]

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 
in Dorchester County, MD.
    This regulation provides additional information about areas within 
the regulated area, and the restrictions that apply to mariners. These 
areas include a ``Race Area,'' ``Buffer Area'' and ``Spectator Area''.
    The 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 9:30 
a.m. until 5:30 p.m. on July 24, 2021, and July 25, 2021. The COTP and 
Coast Guard Event Patrol Commander (PATCOM) will have the 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 will be 
required to immediately comply with the directions given by the COTP or 
Event 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 will be required to get permission from 
the COTP or Event 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 Event 
PATCOM on VHF-FM channel 16. Vessel traffic will be able to safely 
transit the regulated area once the Event 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 will 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 Event PATCOM, a person or 
vessel will be allowed to enter the regulated area or pass directly 
through the regulated area as instructed. Vessels will 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 will be prohibited from loitering 
within the navigable channel. Only participant vessels and official 
patrol vessels will be allowed to enter the race area. The regulatory 
text appears at the end of this document.

V. Regulatory Analyses

    We developed this 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. This rule has not been designated a ``significant 
regulatory action'' under Executive Order 12866. Accordingly, this rule 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the location, size 
and duration of the regulated area, which impacts a portion of the 
Choptank River for a total of 18 hours. The regulated area extends 
across the entire width of the Choptank River between Cambridge, MD and 
Trappe, MD. The majority of the vessel traffic through this area 
consists of passenger, recreational and fishing vessels transiting 
along the Choptank River or into Cambridge Creek. The Coast Guard will 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the status of the regulated area. Moreover, the rule allows vessels to 
seek permission to enter the regulated area.

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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will 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 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will 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 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 rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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.

[[Page 38235]]

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined 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 rule involves 
implementation of regulations within 33 CFR part 100 for 18 hours. It 
is categorically excluded from further review under paragraph L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
Memorandum for Record supporting this determination is available in the 
docket. For instructions on locating the docket, see the ADDRESSES 
section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

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 amends 
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.  100.501T05-0211 to read as follows:


Sec.  100.501T05-0211  Special Local Regulations, Choptank River, 
Cambridge, MD.

    (a) 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. The 
Race Area is within the Buffer Area.
    (3) Buffer Area. All navigable 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 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.
    (b) Definitions. As used in this section--
    Buffer Area is a neutral area that surrounds the perimeter of the 
Course Area within the regulated area described by this section. The 
purpose of a buffer area is to minimize potential collision conflicts 
with marine event participants or high-speed power boats and spectator 
vessels or nearby transiting vessels. This area provides separation 
between a Course 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.
    Course Area is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of a 
course area within the regulated area defined by this section.
    Event Patrol Commander or Event 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.
    Participant means all persons and vessels registered with the event 
sponsor as participating in the ``Thunder on the Choptank'' powerboat 
races, or otherwise designated by the event sponsor as having a 
function tied to the event.
    Spectator means a person or vessel 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 part.
    (c) Special Local Regulations. (1) The COTP Maryland-National 
Capital Region or Event 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

[[Page 38236]]

for failure to comply, or both. The COTP Maryland-National Capital 
Region or Event PATCOM may terminate the event, or a participant's 
operations at any time the COTP Maryland-National Capital Region or 
Event 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 Event PATCOM to request permission 
to either enter or pass through the regulated area. The Event 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 must 
enter the designated Spectator Area or pass directly through the 
regulated area as instructed by Event 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) Only participant vessels and official patrol vessels are 
allowed to enter the buffer area or race area.
    (5) A person or vessel that desires to transit, moor, or anchor 
within the regulated area must obtain authorization from the COTP 
Maryland-National Capital Region or Event 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 Event PATCOM on Marine Band Radio, VHF-FM 
channel 16 (156.8 MHz).
    (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 dates 
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 period. This section will be enforced from 9 a.m. 
to 6 p.m. on July 24, 2021 and from 9 a.m. to 6 p.m. on July 25, 2021.

    Dated: July 12, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2021-15124 Filed 7-19-21; 8:45 am]
BILLING CODE 9110-04-P


