[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)]
[Rules and Regulations]
[Pages 39357-39360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17513]


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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: Temporary final rule.

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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 these navigable waters located in 
Cambridge, MD, during a high-speed power boat racing event scheduled 
from August 19, 2017 through August 20, 2017. This rulemaking 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 Patrol Commander.

DATES: This rule is effective from 8:30 a.m. on August 19, 2017, until 
5:30 p.m. on August 20, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0571 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, Waterways Management Division, Sector 
Maryland-National Capital Region, U.S. Coast Guard; telephone 410-576-
2674, email [email protected].

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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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. 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. In response, on July 10, 2017, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled ``Special 
Local Regulation; Choptank River, Cambridge, MD'' in the Federal 
Register (82 FR 31733). There we stated why we issued the NPRM, and 
invited comments on our proposed regulatory action related to this 
paddle race. During the comment period that ended August 9, 2017, we 
received no comments. No public meeting was requested, and none was 
held.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to respond to the potential safety hazards 
associated with a power boat racing event. Hazards from the power boat 
racing event include participants operating within and adjacent to 
designated navigation channels and interfering with vessels intending 
to operate within those channels, as well as operating within 
approaches to local public and private marinas and other facilities. 
Additionally, the public has been notified of the event by the event 
sponsor via local media.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233, which authorizes the Coast Guard to establish and define special 
local regulations. The COTP Maryland-National Capital Region has 
determined that potential hazards associated with the power boat racing 
would be a safety concern for anyone intending to operate within 
certain waters of the Choptank River in Cambridge, MD. 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.

[[Page 39358]]

IV. Discussion of the Rule

    This rule establishes a special local regulation, which 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. The regulated area covers 
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 areas within the regulated area, 
their definitions, and the restrictions that apply to mariners. These 
areas include ``Race Area,'' ``Buffer Zone'' and ``Spectator Area''.
    The duration of the regulated area is intended to ensure the safety 
of vessels and these navigable waters before, during, and after the 
power boat racing event, scheduled to occur during August 19-20, 2017. 
Except for participants, no vessel or person will be permitted to enter 
the regulated area without obtaining permission from the COTP Maryland-
National Capital Region or Coast Guard Patrol Commander. 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), 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 
enforcement duration of the regulated area, which will impact a small 
designated area of the Choptank River for 18 hours. 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, and vessel 
traffic will be able to safely transit the regulated area once the 
Coast Guard Patrol Commander 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 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 
regulated area 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 
contact 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. If 
you believe this 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 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 
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 determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human

[[Page 39359]]

environment. This 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 
a total of 18 hours (enforcement period). It is categorically excluded 
from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction. A 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 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.

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:  33 U.S.C. 1233.


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


Sec.  100.35-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

[[Page 39360]]

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 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: August 15, 2017.
Michael W. Batchelder,
Commander, U.S. Coast Guard, Acting Captain of the Port Maryland-
National Capital Region.
[FR Doc. 2017-17513 Filed 8-17-17; 8:45 am]
BILLING CODE 9110-04-P