Rule2021-15124
Special Local Regulations, Choptank River, Cambridge, MD
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 20, 2021
Effective
July 24, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing 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 regulation prohibits 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.
Full Text
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<title>Federal Register, Volume 86 Issue 136 (Tuesday, July 20, 2021)</title>
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[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Rules and Regulations]
[Pages 38233-38236]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15124]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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 regulation prohibits 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.
DATES: This rule is effective from 9 a.m. July 24, 2021, through 6 p.m.
on July 25, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0211 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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#4f1c2e223a2a236102610b2e213a3c0f3a3c2c2861222623"><span class="__cf_email__" data-cfemail="7023111d05151c5e3d5e34111e050330050313175e1d191c">[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 Information and Regulatory History
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 those same hours 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. In response, on
June 7, 2021, the Coast Guard published a notice of proposed rulemaking
(NPRM) titled Special Local Regulations; Choptank River, Cambridge, MD
(86 FR 30221). There we stated why we issued the NPRM, and invited
comments on our proposed regulatory action related to this fireworks
display. During the comment period that ended June 22, 2021, we
received no comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because the regulated area is needed
prior to the start of the event on July 24, 2021, in order to safeguard
the public from hazards from power boat racing, including risks of
injury or death resulting from near or actual contact among participant
vessels, spectator vessels or waterways users if normal traffic were to
interfere with the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70041. The Captain of the Port Maryland-National Capital Region
(COTP) 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
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published June
7, 2021. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
The COTP Maryland-National Capital Region is establishing special
local regulations from 9 a.m. on July 24, 2021 until 6 p.m. on July 25,
2021. The special local regulations will be enforced from 9 a.m. to 6
p.m. on July 24th and those same hours on July 25th. The regulated area
will 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
[[Page 38234]]
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 regulation 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 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) will have the 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 will 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 will 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 will 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 will 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 will be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels will 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 will be prohibited from loitering
within the navigable channel. Only participant vessels and official
patrol vessels will be allowed to enter the race area. The regulatory
text appears at the end of this document.
V. Regulatory Analyses
We developed this 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 rule has not been designated a ``significant
regulatory action'' under Executive Order 12866. Accordingly, this rule
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 will
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the status of the regulated area. Moreover, the rule allows 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will 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 reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will 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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
[[Page 38235]]
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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 determined 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 rule involves
implementation of regulations within 33 CFR part 100 for 18 hours. It
is categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Memorandum for Record supporting this determination is available in the
docket. For instructions on locating the docket, see the ADDRESSES
section of this preamble.
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.
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 amends
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--
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
[[Page 38236]]
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: July 12, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2021-15124 Filed 7-19-21; 8:45 am]
BILLING CODE 9110-04-P
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