Proposed Rule2021-16478
Special Local Regulations, Choptank River, Cambridge, MD
Primary source
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Published
August 3, 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 October 9, 2021, and October 10, 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 146 (Tuesday, August 3, 2021)</title>
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[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Proposed Rules]
[Pages 41798-41801]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16478]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0540]
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
October 9, 2021, and October 10, 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 September 2, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0540 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, Waterways Management
Division, U.S. Coast Guard; telephone 410-576-2674, email <a href="/cdn-cgi/l/email-protection#cd89fdf8e0898ae09ea8aeb9a2bf8089e0838e9fe080acbfa4a3a888bba8a3b9be8db8beaeaae3a0a4a1"><span class="__cf_email__" data-cfemail="fdb9cdc8d0b9bad0ae989e89928fb0b9d0b3beafd0b09c8f949398b88b9893898ebd888e9e9ad3909491">[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
The Cambridge Power Boat Regatta Association of Cambridge, MD,
notified the Coast Guard that it will be conducting the Cambridge
Classic Power Boat Regatta from 10 a.m. to 5 p.m. on October 9, 2021,
and from 10 a.m. to 5 p.m. on October 10, 2021. The high-speed power
boat racing event consists of approximately 60 participating inboard
and outboard hydroplane and runabout race boats of various classes, 16
to 24 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.
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.
III. Discussion of Proposed Rule
The COTP Maryland-National Capital Region is proposing to establish
special local regulations from 9 a.m. on October 9, 2021, until 6 p.m.
on October 10, 2021. The special local regulations would be enforced
from 9 a.m. to 6 p.m. on October 9th and those same hours on October
10th. 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 10 a.m. until 5 p.m. on October 9, 2021 and October 10, 2021. The
COTP and Coast Guard Event Patrol Commander (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 Cambridge Classic Power Boat 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 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
[[Page 41799]]
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 (Public Law 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 for total 18
enforcement 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
[[Page 41800]]
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2021-0540 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 <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.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <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).
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. 100.501T05-0540 to read as follows:
Sec. 100.501T05-0540 Cambridge Classic Power Boat Regatta, 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 ``Cambridge Classic Power Boat
Regatta'' 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.
[[Page 41801]]
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 October 9, 2021, and, from 9 a.m. to 6 p.m. on October 10,
2021.
Dated: July 28, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2021-16478 Filed 8-2-21; 8:45 am]
BILLING CODE 9110-04-P
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