Proposed Rule2021-11883
Special Local Regulations; Patuxent River, Solomons, 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 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.
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 30224-30228]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11883]
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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.
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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 <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 Mr. Ron Houck, U.S. Coast Guard
Sector Maryland-National Capital Region; telephone 410-576-2674, email
<a href="/cdn-cgi/l/email-protection#8cdee3e2ede0e8a2c0a2c4e3f9efe7ccf9ffefeba2e1e5e0"><span class="__cf_email__" data-cfemail="e6b48988878a82c8aac8ae8993858da693958581c88b8f8a">[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
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 <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. All comments received will be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.