Proposed Rule2021-11824
Special Local Regulations, Choptank River, Cambridge, MD
Primary source
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Published
June 7, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 107 (Monday, June 7, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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
<a href="/cdn-cgi/l/email-protection#4e1d2f233b2b226003600a2f203b3d0e3b3d2d2960232722"><span class="__cf_email__" data-cfemail="b9ead8d4ccdcd597f497fdd8d7cccaf9cccadade97d4d0d5">[email protected]</span></a>.
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
[[Page 30222]]
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
[[Page 30223]]
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. If your material cannot be
submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
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