[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Proposed Rules]
[Pages 14193-14197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05258]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0122]
RIN 1625-AA08


Special Local Regulation; Nanticoke River, Sharptown, MD

AGENCY: Coast Guard, Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary special 
local regulation for certain waters of the Nanticoke River. This action 
is necessary to provide for the safety of life on these navigable 
waters located at Sharptown, MD, during a high-speed power boat racing 
event on May 13, 2022, May 14, 2022, and May 15, 2022. 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 April 13, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0122 using the Federal Decision Making 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 Carolina Virginia Racing Association of Newport News, VA, 
notified the Coast Guard that it will be conducting the Sharptown 
Regatta from 10 a.m. to 5 p.m. on May 14, 2022 and those same hours on 
May 15, 2022. The high-speed power boat racing event consists of 
approximately 100 participating racing boats--including hydroplanes and 
runabouts of various classes--9 to 12 feet in length. The vessels will 
be competing in a counter-clockwise direction along a marked 
approximately 1-mile long course located on the Nanticoke River, 
adjacent to the Cherry Beach Park and Boat Ramp at Sharptown, MD. In 
addition, a non-race day of practice and testing will be conducted in 
the waterway from noon to 5 p.m. on May 13, 2022. Event planners have 
stated they will not have any spectators areas identified on the water 
for this 3-day event. Hazards from

[[Page 14194]]

the power boat racing event include risks of injury or death resulting 
from near or actual contact among participant vessels and waterway 
users if normal vessel traffic were to interfere with the event. 
Additionally, such hazards include participants operating within 
designated navigation channels, as well as operating near approaches to 
a local public boat ramps, public recreation and fishing areas, and 
waterfront businesses and residences. 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 Nanticoke 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. 70041.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region is proposing to establish 
special local regulation from 11 a.m. on May 13, 2022, through 6 p.m. 
on May 15, 2022. The regulations would be enforced from 11 a.m. to 6 
p.m. on May 13, 2022, from 9 a.m. to 6 p.m. on May 14, 2022, and from 9 
a.m. to 6 p.m. on May 15, 2022. The regulated area would cover all 
navigable waters of the Nanticoke River within an area bounded by a 
line connecting the following points: From the shoreline downriver from 
the Maryland S.R. 313 (Sharptown Road) Highway Bridge, at position 
latitude 38[deg]32'42'' N, longitude 075[deg]43'19'' W, thence 
southeast across the Nanticoke River to the shoreline at latitude 
38[deg]32'38'' N, longitude 075[deg]43'12'' W, thence north and east 
along the shoreline to latitude 38[deg]33'08'' N, longitude 
075[deg]42'33'' W, thence northwest across the Nanticoke River to the 
shoreline at latitude 38[deg]33'13'' N, longitude 075[deg]42'42'' W, 
thence south and west along the shoreline to and terminating at the 
point of origin. The regulated area is approximately 1,500 yards in 
length and 300 yards in width.
    This proposed rule provides additional information about areas 
within the regulated area, their definitions, and the restrictions that 
would apply to mariners. These areas include ``Race Area,'' ``Buffer 
Area,'' and ``Milling Area.''
    The proposed duration of the special local regulation and 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 noon to 5 p.m. on May 13, 
2022, from 10 a.m. to 5 p.m. on May 14, 2022, and, from 10 a.m. to 5 
p.m. on May 15, 2022. 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 Sharptown Regatta 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 onboard 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. Only participant vessels and 
official patrol vessels would be allowed to enter the race area and 
milling 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. 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 size and 
duration of the regulated area, which would impact a small designated 
area of the Nanticoke River for 25 total enforcement hours. This 
waterway supports tug and barge traffic year round and 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 as instructed by the 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 
safety zone may be small entities, for the

[[Page 14195]]

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 
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 25 total enforcement 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0122 in the 
``SEARCH'' box and click ``SEARCH.'' Next, look for this document in 
the Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. 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.
    Personal information. 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 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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.T05-0122 to read as follows:

[[Page 14196]]

Sec.  100.T05-0122   Sharptown Regatta, Nanticoke River, Sharptown, MD.

    (a) Locations. All coordinates are based on datum NAD 1983.
    (1) Regulated area. All navigable waters of the Nanticoke River, 
within an area bounded by a line connecting the following points: From 
the shoreline downriver from the Maryland S.R. 313 (Sharptown Road) 
Highway Bridge, at position latitude 38[deg]32'42'' N, longitude 
075[deg]43'19'' W, thence southeast across the Nanticoke River to the 
shoreline at latitude 38[deg]32'38'' N, longitude 075[deg]43'12'' W, 
thence north and east along the shoreline to latitude 38[deg]33'08'' N, 
longitude 075[deg]42'33'' W, thence northwest across the Nanticoke 
River to the shoreline at latitude 38[deg]33'13'' N, longitude 
075[deg]42'42'' W, thence south and west along the shoreline to and 
terminating at the point of origin. The race area, buffer area, and 
milling area are within the regulated area.
    (2) Race area. Located within the waters of the Nanticoke River, 
between the Maryland S.R. 313 (Sharptown Road) Highway Bridge and 
Nanticoke River Channel Light 43 (LLNR 24175) in position 
38[deg]33'07.79'' N, 075[deg]42'44.93'' W, at Sharptown, MD. The race 
area is within the buffer area.
    (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]32'47'' N, longitude 075[deg]43'13'' W, thence southeast along 
the northern extent of the Maryland S.R. 313 (Sharptown Road) Highway 
Bridge to latitude 38[deg]32'41'' N, longitude 075[deg]43'06'' W, 
thence northeast to latitude 38[deg]33'01'' N, longitude 
075[deg]42'39'' W, thence northwest to latitude 38[deg]33'08'' N, 
longitude 075[deg]42'44'' W, thence southwest to and terminating at the 
point of origin.
    (4) Milling area. The milling area is a polygon in shape measuring 
approximately 200 yards in length by 200 yards in width. The area is 
southwest and down river from the Maryland S.R. 313 (Sharptown Road) 
Highway Bridge, bounded by a line commencing at the shoreline at 
position latitude 38[deg]32'47'' N, longitude 075[deg]43'13'' W, thence 
southeast along the northern extent of the Maryland S.R. 313 (Sharptown 
Road) Highway Bridge to latitude 38[deg]32'42'' N, longitude 
075[deg]43'07'' W, thence southeast to latitude 38[deg]32'38'' N, 
longitude 075[deg]43'12'' W, thence northwest to latitude 
38[deg]32'42'' N, longitude 075[deg]43'19'' W, thence northeast to and 
terminating at 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 nearby 
transiting vessels. This area provides separation between a race area 
and other vessels that are operating in the vicinity of the regulated 
area established by the special local regulations 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.
    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.
    Milling area is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of a 
milling area within the regulated area defined by this section. The 
area is used before a race start to assemble teams and warm up the 
participating boats engines while operating off plane.
    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 ``Sharptown Regatta'' event, or 
otherwise designated by the event sponsor as having a function tied to 
the event.
    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.
    Spectator means a person or vessel not registered with the event 
sponsor as a participant or assigned as official patrols.
    (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 
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 and remain within the race area and milling 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 periods. This section will be enforced from 11 a.m. 
to 6 p.m. on May 13, 2022, from 9 a.m. to 6 p.m.

[[Page 14197]]

on May 14, 2022, and from 9 a.m. to 6 p.m. on May 15, 2022.

    Dated: March 8, 2022.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2022-05258 Filed 3-11-22; 8:45 am]
BILLING CODE 9110-04-P