[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 [www.gpo.gov]
[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 https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mr. Ron Houck, 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 https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, 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 https://www.regulations.gov, 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 https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
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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