[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Proposed Rules]
[Pages 30221-30224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11824]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish 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 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 Event 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 22, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0211 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public 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 LCDR Samuel M. Danus, Waterways 
Management Division, U.S. Coast Guard; telephone 410-576-2519, email 
[email protected].

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, Purpose, and Legal Basis

    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 from 9:30 a.m. to 5:30 p.m. 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. Hazards from the power boat racing event include risks of injury 
or death resulting from near or actual contact among participant 
vessels and spectator vessels or waterway users if normal vessel 
traffic were to interfere with the event. Additionally, such hazards 
include participants operating near designated navigation channels, as 
well as operating near approaches to local public boat ramps, private 
marinas and yacht clubs, and waterfront businesses. 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 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. The Coast Guard proposes 
this rulemaking under authority in 46 U.S.C. 70041.
    The Coast Guard is requesting that interested parties provide 
comments within a shortened comment period of 15 days instead of the 
more typical 30 days for this notice of proposed rulemaking. The Coast 
Guard believes the 15-day comment period still provides for a 
reasonable amount of time for interested parties to review the proposal 
and provide informed comments on it while also ensuring that the Coast 
Guard has time to review and respond to any significant comments and 
has a final rule in effect in time for the scheduled event.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region is proposing to establish 
special local regulations to be enforced from 9

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a.m. on July 24, 2021, until 6 p.m. on July 25, 2021. The special local 
regulations would be enforced from 9 a.m. to 6 p.m. on July 24th and 
those same hours on July 25th. The regulated area would 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 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 proposed rule 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 proposed 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) would have 
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 would 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 would 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 would 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 would 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 would be allowed to enter the regulated area or pass directly 
through the regulated area as instructed. Vessels would 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 would be prohibited from loitering 
within the navigable channel. Only participant vessels and official 
patrol vessels would be allowed to enter the race area.
    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. 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).
    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 would 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the status of the regulated area. Moreover, the rule would allow 
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 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 
regulated area 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 call or email 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

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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 call or email 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, 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 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 for 18 hours. 
Normally such actions are categorically excluded from further review 
under paragraph L61of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. 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 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.

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 https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. We review all comments received, but we will only post 
comments that address the topic of the proposed rule. We may choose not 
to post off-topic, inappropriate, or duplicate comments that we 
receive.

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.

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--

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    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 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: June 1, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2021-11824 Filed 6-4-21; 8:45 am]
BILLING CODE 9110-04-P