[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Rules and Regulations]
[Pages 30884-30887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13772]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for certain navigable waters of the Choptank River. This 
action is necessary to provide for the safety of life on these waters 
located at Cambridge, MD, on July 27, 2019, and July 28, 2019, during a 
high-speed power boat racing event. 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 
Patrol Commander.

DATES: This rule is effective from 9:30 a.m. on July 27, 2019 to 6:30 
p.m. on July 28, 2019. This rule 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.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0107 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. 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 Information and Regulatory History

    The Coast Guard published an 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 Coast Guard 
received two comments. The Coast Guard published an SNPRM on May 16, 
2019 (84 FR 22079), to amend the proposed special local regulation to 
increase the size of the regulated area and make minor corrections to 
the designated spectator area coordinates for the Thunder on the 
Choptank, on July 27, 2019, and July 28, 2019, and reopen the comment 
period to account for these changes. The comment period closed June 17, 
2019. The Coast Guard received no additional comments during the second 
request for 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 to make the regulation effective 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule is impracticable and contrary to public interest because it 
would delay the safety measures necessary to respond to potential 
safety hazards associated with this marine event. Immediate action is 
needed to protect participants, spectators, and other persons and 
vessels during the high-speed race event on these navigable waters.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Captain of the Port Maryland-National Capital Region (COTP) 
has determined that potential hazards associated with these power boat 
races will be a safety concern for anyone intending to operate in or 
near the race area. The purpose of this rule is to protect 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 two comments to the docket responding 
to our NPRM published March 18, 2019. Both comments were in support of 
the Coast Guard's rulemaking. However, one commenter questioned why the 
regulation was needed, and wondered if instead waterway users could be

[[Page 30885]]

directed safely away from the event site or if there could be stated 
times when waterway users could transit through the regulated area. The 
COTP Maryland-National Capital Region is issuing this special local 
regulation to ensure that all vessels are operated within the regulated 
area at a safe speed that minimizes wake near the event area. A COTP 
order, by comparison, would apply to only a single vessel. The Coast 
Guard issues special local regulations under authority of 46 U.S.C. 
70041(a), which grants the Commandant authority to issue regulations to 
promote the safety of life on navigable waters during regattas or 
marine parades. The Coast Guard issues such regulations in accordance 
with the Administrative Procedure Act's rulemaking requirements.
    Vessel traffic will be able to safely transit the regulated area 
once the PATCOM deems it safe to do so. Patrol vessels will be present 
to monitor the event and enforce the special local regulation. In 
addition, Broadcast Notice to Mariners will also be made for this 
event, to begin prior to that start of the scheduled event, and to 
continue to notify the public, until immediately after its completion.
    There are no changes in the regulatory text of this rule from the 
proposed rule in the SNPRM.
    This rule establishes a special local regulation to 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 on July 28, 2019. The regulated area will 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 duration of the special local regulations and size of the 
regulated area are intended to ensure the safety of life on these 
navigable waters before, during, and after these power boat races, 
scheduled from 10 a.m. until 6 p.m. on July 27, 2019, and July 28, 
2019. Except for participants and vessels already at berth, a vessel or 
person will be required to get permission from the COTP or PATCOM 
before entering the regulated area while the rule is being enforced. 
Vessel operators can request permission to enter and transit through 
the regulated area by contacting the PATCOM on VHF-FM channel 16. 
Vessel traffic will be able to safely transit the regulated area once 
the 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 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 Patrols will be allowed to enter the 
race area.

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, duration 
and time of year of the racing event, which will impact a small 
designated area of the Choptank River for 18 total enforcement hours. 
The Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the status of the special local regulation. 
Moreover, the rule will allow vessels to seek permission to enter the 
regulated area, and vessel traffic will be able to safely transit the 
regulated area once the COTP or 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 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 
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.

[[Page 30886]]

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 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 a temporary special 
local regulation for certain navigable waters of the Choptank River. 
This action is necessary to provide for the safety of life on these 
waters located at Cambridge, MD, on July 27, 2019, and July 28, 2019, 
during a high-speed power boat racing event. The temporary regulated 
area will be enforced for 18 hours during the power boat races. It is 
categorically excluded from further review under paragraph L61 in Table 
3-1 of U.S. Coast Guard Environmental Planning Implementing Procedures 
5090.1. A Memorandum For the 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.

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.  [thinsp]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) Regulated Areas. All coordinates reference Datum NAD 1983. 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:
    (1) Race Area. Located within the waters of Hambrooks Bay and 
Choptank River, between Hambrooks Bar and Great Marsh Point, MD.
    (2) 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.
    (3) 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

[[Page 30887]]

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: June 21, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2019-13772 Filed 6-27-19; 8:45 am]
 BILLING CODE 9110-04-P