[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
[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
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