[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Proposed Rules]
[Pages 30224-30228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11883]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0305]
RIN 1625-AA08


Special Local Regulations; Patuxent River, Solomons, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish temporary special 
local regulation for certain waters of the Patuxent River. This action 
is necessary to provide for the safety of life on these navigable 
waters located at Solomons, MD, during a high-speed power boat racing 
event on August 29, 2021. This proposed rulemaking would prohibit 
persons and vessels from entering the regulated area unless authorized 
by the Captain of the Port Maryland-National Capital Region or the 
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 July 7, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0305 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 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
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Chesapeake Bay Power Boat Associationon, Inc. of Edgewater, MD, 
notified the Coast Guard that it will be conducting the Chesapeake 
Challenge/

[[Page 30225]]

Solomons Offshore Grand Prix from 9 a.m. to 5 p.m. on August 29, 2021. 
The high-speed power boat racing event consists of approximately 60 
participating high-performance offshore-type race boats of various 
classes, 22 to 50 feet in length. The vessels will be competing in a 
counter-clockwise direction along a marked 3.75-mile long course 
located on the Patuxent River, between the Governor Thomas Johnson (MD 
Route 4) Bridge and the West Patuxent Basin at U.S. Naval Air Station 
Patuxent River, MD. Non-race day practice and testing will be conducted 
in the waterway from 9 a.m. to 5 p.m. on August 28, 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 
participate in this event and for vessels that operate within specified 
waters of the Patuxent River.
    The purpose of this rulemaking is to protect event participants, 
non-participants and transiting vessels before, during, and after the 
scheduled event. The Coast Guard is proposing this rulemaking under 
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region is proposing to establish 
special local regulations from 8 a.m. through 6 p.m. on August 29, 
2021. The regulations would be enforced from 8 a.m. to 6 p.m. on August 
29, 2021. The regulated area would cover all navigable waters of the 
Patuxent River bounded by a line connecting the following points: From 
the shoreline at the entrance to Third Cove, at position latitude 
38[deg]19'53.4'' N, longitude 076[deg]28'36.4'' W; thence south across 
the Patuxent River to Town Point at latitude 38[deg]19'20.5'' N, 
longitude 076[deg]28'34.0'' W; thence east and south along the 
shoreline to latitude 38[deg]18'59.3'' N, longitude 076[deg]28'40.2'' 
W; thence southeast across the entrance to Town Creek to Thorns Point 
at latitude 38[deg]18'46.3'' N, longitude 076[deg]28'32.7'' W; thence 
southeast along the shoreline to the U.S. Naval Air Station Patuxent 
River West Seaplane Basin Entrance at latitude 38[deg]17'35.0'' N, 
longitude 076[deg]27'00.2'' W; thence northeast to latitude 
38[deg]18'01.0'' N, longitude 076[deg]26'39.0'' W; thence northwest to 
Solomons Island Approach Light 3 at latitude 38[deg]19'11.0'' N, 
longitude 076[deg]27'01.8'' W; thence northwest to the shoreline at 
latitude 38[deg]19'16.0'' N, longitude 076[deg]27'07.0'' W; thence west 
and north along the shoreline to and terminating at the point of 
origin. The regulated area is approximately 5,300 yards in length and 
2,900 yards in width.
    This proposed rule provides additional information about areas 
within the regulated area and their definitions. These areas include 
``Race Area,'' ``Buffer Area'' and ``Spectator Area.''
    The proposed size of the regulated area is intended to ensure the 
safety of life on these navigable waters before, during, and after the 
high-speed power boat racing event, scheduled to take place from 9 a.m. 
to 5 p.m. on August 29, 2021. The COTP and the Coast Guard Event 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 Chesapeake Challenge/Solomons Offshore Grand Prix 
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. Vessel operators would be able to 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 vessel within the regulated area must operate 
at safe speed that minimizes wake. 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. Official Patrols 
enforcing this regulated area can be contacted on VHF-FM channel 16 and 
channel 22A.
    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 in a manner that would not endanger event participants or any 
other craft. A spectator vessel must not loiter within the navigable 
channel while within the regulated area. Official patrol vessels would 
direct spectators to the designated spectator area. Only participant 
vessels and official patrol vessels would be allowed to enter the race 
area. The Coast Guard would 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.
    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 and 
duration of the regulated area, which would impact a small designated 
area of the Patuxent River for 10 hours. This waterway supports mainly 
recreational vessel traffic, which at its peak, occurs during the 
summer season. Although this regulated area extends across the entire 
width of the waterway, the rule would allow vessels and persons to seek 
permission to enter the regulated area, and vessel traffic able to do 
so safely would be able to transit the regulated area on the western 
portion of the

[[Page 30226]]

waterway away from the event area as instructed by Event PATCOM. Such 
vessels must operate at safe speed that minimizes wake and not loiter 
within the navigable channel while within the regulated area. Moreover, 
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the status of 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 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 
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 
for 10 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. 1. For instructions on locating 
the docket, see the ADDRESSES section of this preamble. 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. 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 
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 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.

[[Page 30227]]

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 is 
proposing 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.T05-0305 to read as follows:


Sec.  100.T05-0305  Chessapeake Challenge-Solomons Offshore Grand Prix, 
Patuxent River, Solomons, MD.

    (a) Locations. All coordinates are based on datum NAD 1983. (1) 
Regulated area. All navigable waters of the Patuxent River, within an 
area bounded by a line connecting the following points: From the 
shoreline at the entrance to Third Cove, at position latitude 
38[deg]19'53.4'' N, longitude 076[deg]28'36.4'' W; thence south across 
the Patuxent River to Town Point at latitude 38[deg]19'20.5'' N, 
longitude 076[deg]28'34.0'' W; thence east and south along the 
shoreline to latitude 38[deg]18'59.3'' N, longitude 076[deg]28'40.2'' 
W; thence southeast across the entrance to Town Creek to Thorns Point 
at latitude 38[deg]18'46.3'' N, longitude 076[deg]28'32.7'' W; thence 
southeast along the shoreline to the U.S. Naval Air Station Patuxent 
River West Seaplane Basin Entrance at latitude 38[deg]17'35.0'' N, 
longitude 076[deg]27'00.2'' W; thence northeast to latitude 
38[deg]18'01.0'' N, longitude 076[deg]26'39.0'' W; thence northwest to 
Solomons Island Approach Light 3 at latitude 38[deg]19'11.0'' N, 
longitude 076[deg]27'01.8'' W; thence northwest to the shoreline at 
latitude 38[deg]19'16.0'' N, longitude 076[deg]27'07.0'' W; thence west 
and north along the shoreline to and terminating at the point of 
origin. The race area, buffer area, and spectator area are within the 
regulated area.
    (2) Race Area. The race area is a polygon in shape measuring 
approximately 4,300 yards in length by 1,400 yards in width. The area 
is bounded by a line commencing at the Solomons Research Pier at 
position latitude 38[deg]19'02'' N, longitude 076[deg]27'04'' W, thence 
south to latitude 38[deg]18'09'' N, longitude 076[deg]26'53'' W; thence 
southwest to latitude 38[deg]18'00'' N, longitude 076[deg]27'25'' W, 
thence northwest to latitude 38[deg]19'43'' N, longitude 
076[deg]28'29'' W; thence northeast to latitude 38[deg]19'54'' N, 
longitude 076[deg]28'25'' W; thence southeast along the shoreline to 
and terminating at the point of origin.
    (3) Buffer Area. The buffer area is a polygon in shape measuring 
approximately 300 feet in all directions surrounding the entire race 
area described in the preceding paragraph of this section. The area is 
bounded by a line commencing at the shoreline at position latitude 
38[deg]19'53'' N, longitude 076[deg]28'29'' W; thence southwest to 
latitude 38[deg]19'43'' N, longitude 076[deg]28'33'' W, thence 
southeast to latitude 38[deg]17'56'' N, longitude 076[deg]27'27'' W; 
thence east to latitude 38[deg]18'07'' N, longitude 076[deg]26'49'' W, 
thence north to latitude 38[deg]19'01'' N, longitude 076[deg]27'00'' W, 
thence northwest to and then along the Solomons Research Pier to the 
shoreline at latitude 38[deg]19'05.3'' N, longitude 076[deg]27'11.5'' 
W; thence west and north along the shoreline to and terminating at the 
point of origin.
    (4) Spectator Area. The designated spectator area is a polygon in 
shape measuring approximately 1,700 yards in length by 200 yards in 
width. The area is bounded by a line commencing at position latitude 
38[deg]19'08'' N, longitude 076[deg]28'12'' W; thence southwest to 
latitude 38[deg]19'05'' N, longitude 076[deg]28'19'' W, thence 
southeast to latitude 38[deg]18'20'' N, longitude 076[deg]27'49'' W; 
thence northheast to latitude 38[deg]18'22'' N, longitude 
076[deg]27'43'' W, thence northwest to the point of origin.
    (b) Definitions. As used in this section--
    Buffer Area is a neutral area that surrounds the perimeter of the 
race 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 race 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.
    Race Area is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of a race 
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 ``Chesapeake Challenge/Solomons 
Offshore Grand Prix'' event, 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 described in paragraph (a)(1) of this section. 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

[[Page 30228]]

must not loiter within the navigable channel while within the regulated 
area.
    (4) Only participant vessels and official patrol vessels are 
allowed to enter and remain within the race area.
    (5) Only participant vessels and official patrol vessels are 
allowed to enter and transit directly through the buffer area, in order 
to arrive at or depart from the race area.
    (6) 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).
    (7) 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 8 a.m. 
through 6 p.m. on August 29, 2021.

    Dated: June 1, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2021-11883 Filed 6-4-21; 8:45 am]
BILLING CODE 9110-04-P