30224 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 

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) MarylandNational Capital Region means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region or 

any Coast Guard commissioned, warrant 

or petty officer who has been authorized 

by the COTP to act on his behalf. 

Course Area is an area described by a 

line bound by coordinates provided in 

latitude and longitude that outlines the 

boundary of a course area within the 

regulated area defined by this section. 

Event Patrol Commander or Event 

PATCOM means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

Maryland-National Capital Region. 

Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Maryland-National 

Capital Region with a commissioned, 

warrant, or petty officer on board and 

displaying a Coast Guard ensign. 

Participant means all persons and 

vessels registered with the event 

sponsor as participating in the 

‘‘Thunder on the Choptank’’ powerboat 

races, or otherwise designated by the 

event sponsor as having a function tied 

to the event. 

Spectator means a person or vessel 

not registered with the event sponsor as 

participants or assigned as official 

patrols. 

Spectator Area is an area described by 

a line bound by coordinates provided in 

latitude and longitude that outlines the 

boundary of a spectator area within the 

regulated area defined by this part. 

(c) Special Local Regulations. (1) The 

COTP Maryland-National Capital 

Region or Event PATCOM may forbid 

and control the movement of all vessels 

and persons, including event 

participants, in the regulated area. 

When hailed or signaled by an official 

patrol, a vessel or person in the 

regulated area shall immediately 

comply with the directions given by the 

patrol. Failure to do so may result in the 

Coast Guard expelling the person or 

vessel from the area, issuing a citation 

for failure to comply, or both. The COTP 

Maryland-National Capital Region or 

Event PATCOM may terminate the 

event, or a participant’s operations at 

any time the COTP Maryland-National 

Capital Region or Event PATCOM 

believes it necessary to do so for the 

protection of life or property. 

(2) Except for participants and vessels 

already at berth, a person or vessel 

within the regulated area at the start of 

enforcement of this section must 

immediately depart the regulated area. 

(3) A spectator must contact the Event 

PATCOM to request permission to 

either enter or pass through the 

regulated area. The Event PATCOM, and 

official patrol vessels enforcing this 

regulated area, can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz) and channel 22A (157.1 

MHz). If permission is granted, the 

spectator must enter the designated 

Spectator Area or pass directly through 

the regulated area as instructed by Event 

PATCOM. A vessel within the regulated 

area must operate at safe speed that 

minimizes wake. A spectator vessel 

must not loiter within the navigable 

channel while within the regulated area. 

(4) Only participant vessels and 

official patrol vessels are allowed to 

enter the buffer area or race area. 

(5) A person or vessel that desires to 

transit, moor, or anchor within the 

regulated area must obtain authorization 

from the COTP Maryland-National 

Capital Region or Event PATCOM. A 

person or vessel seeking such 

permission can contact the COTP 

Maryland-National Capital Region at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz) or the Event PATCOM 

on Marine Band Radio, VHF–FM 

channel 16 (156.8 MHz). 

(6) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event dates and times. 

(d) Enforcement officials. The Coast 

Guard may be assisted with marine 

event patrol and enforcement of the 

regulated area by other federal, state, 

and local agencies. 

(e) Enforcement period. This section 

will be enforced from 9 a.m. to 6 p.m. 

on July 24, 2021, and, from 9 a.m. to 6 

p.m. on July 25, 2021. 

Dated: June 1, 2021. 

David E. O’Connell, 

Captain, U.S. Coast Guard, Captain of the 

Port Maryland-National Capital Region. 

[FR Doc. 2021–11824 Filed 6–4–21; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 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, U.S. Coast Guard Sector 

Maryland-National Capital Region; 

telephone 410–576–2674, email 

Ronald.L.Houck@uscg.mil. 

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 

§ 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/ 


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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 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 offshoretype 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 MarylandNational 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, nonparticipants 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°19′53.4′′ N, longitude 076°28′36.4′′ 

W; thence south across the Patuxent 

River to Town Point at latitude 

38°19′20.5′′ N, longitude 076°28′34.0′′ 

W; thence east and south along the 

shoreline to latitude 38°18′59.3′′ N, 

longitude 076°28′40.2′′ W; thence 

southeast across the entrance to Town 

Creek to Thorns Point at latitude 

38°18′46.3′′ N, longitude 076°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°17′35.0′′ N, longitude 

076°27′00.2′′ W; thence northeast to 

latitude 38°18′01.0′′ N, longitude 

076°26′39.0′′ W; thence northwest to 

Solomons Island Approach Light 3 at 

latitude 38°19′11.0′′ N, longitude 

076°27′01.8′′ W; thence northwest to the 

shoreline at latitude 38°19′16.0′′ N, 

longitude 076°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 


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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 https://

www.regulations.gov. If your material 

cannot be submitted using https://

www.regulations.gov, 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 https://

www.regulations.gov 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 https://www.regulations.gov 

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. 


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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 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T05–0305 to read as 

follows: 

§ 100.T05–0305 Chessapeake ChallengeSolomons 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°19′53.4′′ N, longitude 

076°28′36.4′′ W; thence south across the 

Patuxent River to Town Point at latitude 

38°19′20.5′′ N, longitude 076°28′34.0′′ 

W; thence east and south along the 

shoreline to latitude 38°18′59.3′′ N, 

longitude 076°28′40.2′′ W; thence 

southeast across the entrance to Town 

Creek to Thorns Point at latitude 

38°18′46.3′′ N, longitude 076°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°17′35.0′′ N, longitude 

076°27′00.2′′ W; thence northeast to 

latitude 38°18′01.0′′ N, longitude 

076°26′39.0′′ W; thence northwest to 

Solomons Island Approach Light 3 at 

latitude 38°19′11.0′′ N, longitude 

076°27′01.8′′ W; thence northwest to the 

shoreline at latitude 38°19′16.0′′ N, 

longitude 076°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°19′02′′ N, longitude 

076°27′04′′ W, thence south to latitude 

38°18′09′′ N, longitude 076°26′53′′ W; 

thence southwest to latitude 38°18′00′′ 

N, longitude 076°27′25′′ W, thence 

northwest to latitude 38°19′43′′ N, 

longitude 076°28′29′′ W; thence 

northeast to latitude 38°19′54′′ N, 

longitude 076°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°19′53′′ N, longitude 

076°28′29′′ W; thence southwest to 

latitude 38°19′43′′ N, longitude 

076°28′33′′ W, thence southeast to 

latitude 38°17′56′′ N, longitude 

076°27′27′′ W; thence east to latitude 

38°18′07′′ N, longitude 076°26′49′′ W, 

thence north to latitude 38°19′01′′ N, 

longitude 076°27′00′′ W, thence 

northwest to and then along the 

Solomons Research Pier to the shoreline 

at latitude 38°19′05.3′′ N, longitude 

076°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°19′08′′ N, longitude 

076°28′12′′ W; thence southwest to 

latitude 38°19′05′′ N, longitude 

076°28′19′′ W, thence southeast to 

latitude 38°18′20′′ N, longitude 

076°27′49′′ W; thence northheast to 

latitude 38°18′22′′ N, longitude 

076°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) MarylandNational 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 


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30228 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 

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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0314] 

RIN 1625–AA00 

Safety Zone; July 4th Holiday 

Fireworks on the Miles River, St. 

Michaels, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

certain waters of the Miles River. This 

action is necessary to provide for the 

safety of life on these navigable waters 

of the Miles River at St. Michaels, MD, 

on July 3, 2021, (with alternate date of 

July 4, 2021), during fireworks displays 

to commemorate the July 4th holiday. 

This proposed rulemaking would 

prohibit persons and vessels from being 

in this safety zone unless authorized by 

the Captain of the Port MarylandNational Capital Region or a designated 

representative. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 22, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0314 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 MST1 Shaun 

Landante, Sector Maryland-National 

Capital Region Waterways Management 

Division, U.S. Coast Guard; telephone 

410–576–2570, email D05-DGSectorMD-NCR-MarineEvents@uscg.mil. 

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 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On May 4, 2021, the Drew Landis 

Memorial Fireworks Fund, Inc. of St. 

Michaels, MD, notified the Coast Guard 

that it will be conducting a fireworks 

display from 9 p.m. to 9:30 p.m. on July 

3, 2021. The fireworks are to be 

launched from a fireworks barge located 

in the Miles River, near the entrance to 

Long Haul Creek, at St. Michaels, MD. 

In the event of inclement weather, the 

fireworks display will be scheduled for 

July 4, 2021. Hazards from the fireworks 

display include accidental discharge of 

fireworks, dangerous projectiles, and 

falling hot embers or other debris. The 

COTP Maryland-National Capital 

Region has determined that potential 

hazards associated with the fireworks to 

be used in this display would be a safety 

concern for anyone within 420 feet of 

the fireworks barge. 

The Coast Guard is requesting that 

interested parties provide comments 

within a shortened comment period of 

15 days instead of the typical 30 days 

for this notice of proposed rulemaking. 

The Coast Guard believes the 15-day 

comment period still provides for a 

reasonable amount of time for interested 

parties to review the proposal and 

provide informed comments on it while 

also ensuring that the Coast Guard has 

time to review and respond to any 

significant comments and has a final 

rule in effect in time for the scheduled 

event. 

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 is proposing to establish a 

temporary safety zone for certain 

navigable waters within the Miles River 

and would be enforced from 8 p.m. to 

10:30 p.m. on July 3, 2021, or if 

necessary due to inclement weather, 

from 8 p.m. to 10:30 p.m. on July 4, 

2021. The safety zone would cover all 

navigable waters of the Miles River 

within 420 feet of a barge in 

approximate position latitude 

38°47′55.10′′ N, longitude 076°12′43.75′′ 

W, located at the entrance to Long Haul 

Creek, at St. Michaels, MD. The 

duration of the zone is intended to 

ensure the safety of vessels and these 

navigable waters before, during, and 

after the scheduled 9 to 9:30 p.m. on 

July 3, 2021 fireworks display. 

No vessel or person would be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

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 size, duration, and timeof-day of the safety zone, which would 

impact a small designated area of the 

Miles River for a total no more than 2.5 


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