[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Rules and Regulations]
[Pages 31883-31886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14707]


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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: 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 the navigable waters located in 
Cambridge, MD, during a power boat racing event on July 28, 2018, and 
July 29, 2018. This regulation prohibits 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.

DATES: This rule is effective from 8:30 a.m. on July 28, 2018 through 
6:30 p.m. on July 29, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0178 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, 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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On February 18, 2018, The Kent Narrows Racing Association of 
Chester, MD, notified the Coast Guard that from 10 a.m. until 6 p.m. on 
July 28, 2018, and July 29, 2018, it will be conducting power boat 
races in the Choptank River in a cove located between Hambrooks Bar and 
the shoreline at Cambridge, MD. Details of the proposed event were 
provided to the Coast Guard at a meeting on April 10, 2018, where the 
sponsor changed the start time to 9 a.m. to allow for additional races. 
In response, on May 21, 2018, the Coast Guard published a notice of 
proposed rulemaking (NPRM) entitled ``Special Local Regulation; 
Choptank River, Cambridge, MD'' (83 FR 23395). There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory action 
related to this high-speed power boat racing event. During the comment 
period that ended June 20, 2018, 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. Due to the date of the event, it 
would be impracticable and contrary to the public interest to make the 
regulation effective 30 days after publication in the Federal Register. 
The regulation must be in place by June 28th in order to protect the 
public from the hazards associated with this power boat racing event. 
Therefore, the Coast Guard is making this rule effective immediately.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port (COTP) Maryland-National Capital Region 
has determined that potential hazards associated with the power boat 
racing event will 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 rule 
is to protect marine event participants, spectators and transiting 
vessels on specified waters of the 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 May 
21, 2018. There are no substantive changes in the regulatory text of 
this rule from the proposed rule in the NPRM.
    This rule establishes a special local regulation to be enforced 
from 8:30 a.m. until 6:30 p.m. on July 28, 2018 and July 29, 2018. The 
regulated area covers 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 
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 and enforcement of the regulated 
area is intended to insure the safety of vessels and these navigable 
waters before, during, and after the scheduled 9 a.m. through 6 p.m. 
high-speed power boat racing event. 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

[[Page 31884]]

Commander (PATCOM). When authorized to transit the regulated area, all 
vessels must proceed at the minimum speed necessary to maintain a safe 
course that minimizes wake near the race course.

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, location 
and duration of the regulated area. Vessel traffic will be able to 
safely transit through the regulated area, which will impact a small 
designated area of the Choptank River for 20 hours. The Coast Guard 
will issue a Broadcast Notice to Mariners via marine band radio VHF-FM 
channel 16 about the status of the regulated area. Moreover, the rule 
allows 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, and if deemed safe to do so by the PATCOM.

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 
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.

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 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 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 
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. It is categorically excluded from 
further review under paragraph L61 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Memorandum for Record for 
Categorically Excluded Actions supporting this determination is 
available in the docket where indicated under ADDRESSES.

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.

[[Page 31885]]

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; 33 CFR 1.05-1.


0
2. Add Sec.  100.501-T05-0178 to read as follows:


Sec.  100.501-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 all persons and vessels registered with the 
event sponsor as participating in the Thunder on the Choptank event or 
otherwise designated by event sponsor as having a function tied to the 
event.
    (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 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 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

[[Page 31886]]

8:30 a.m. until 6:30 p.m. on July 29, 2018.

    Dated: July 3, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-14707 Filed 7-9-18; 8:45 am]
 BILLING CODE 9110-04-P