Special Local Regulation; Choptank River, Cambridge, MD, 39357-39360 [2017-17513]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)]
[Rules and Regulations]
[Pages 39357-39360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17513]



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DEPARTMENT OF HOMELAND SECURITY



Coast Guard



33 CFR Part 100



[Docket Number USCG-2017-0571]

RIN 1625-AA08




Special Local Regulation; 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 these navigable waters located in 

Cambridge, MD, during a high-speed power boat racing event scheduled 

from August 19, 2017 through August 20, 2017. This rulemaking 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 Patrol Commander.



DATES: This rule is effective from 8:30 a.m. on August 19, 2017, until 

5:30 p.m. on August 20, 2017.



ADDRESSES: To view documents mentioned in this preamble as being 

available in the docket, go to https://www.regulations.gov, type USCG-

2017-0571 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 

Docket Folder on the line associated with this rule.



FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 

call or email Mr. Ronald Houck, Waterways Management Division, Sector 

Maryland-National Capital Region, U.S. Coast Guard; 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

Sec.  Section

U.S.C. United States Code



II. Background Information and Regulatory History



    On May 17, 2017, The Kent Narrows Racing Association of Chester, MD 

notified the Coast Guard that it will be conducting power boat races 

from 9 a.m. until 5 p.m. on August 19, 2017 and August 20, 2017. The 

high-speed power boat racing event consists of approximately 60 

participants competing on a designated 1-mile oval course in the 

Choptank River in a cove located between Hambrooks Bar and the 

shoreline at Cambridge, MD. In response, on July 10, 2017, the Coast 

Guard published a notice of proposed rulemaking (NPRM) titled ``Special 

Local Regulation; Choptank River, Cambridge, MD'' in the Federal 

Register (82 FR 31733). There we stated why we issued the NPRM, and 

invited comments on our proposed regulatory action related to this 

paddle race. During the comment period that ended August 9, 2017, we 

received no comments. No public meeting was requested, and none was 

held.

    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for making it effective less than 30 

days after publication in the Federal Register. Delaying the effective 

date of this rule would be contrary to public interest because 

immediate action is needed to respond to the potential safety hazards 

associated with a power boat racing event. Hazards from the power boat 

racing event include participants operating within and adjacent to 

designated navigation channels and interfering with vessels intending 

to operate within those channels, as well as operating within 

approaches to local public and private marinas and other facilities. 

Additionally, the public has been notified of the event by the event 

sponsor via local media.



III. Legal Authority and Need for Rule



    The Coast Guard is issuing this rule under authority in 33 U.S.C. 

1233, which authorizes the Coast Guard to establish and define special 

local regulations. The COTP Maryland-National Capital Region has 

determined that potential hazards associated with the power boat racing 

would be a safety concern for anyone intending to operate within 

certain waters of the Choptank River in Cambridge, MD. The purpose of 

this rulemaking is to protect event participants, spectators and 

transiting vessels on certain waters of the Choptank River before, 

during, and after the scheduled event.



[[Page 39358]]



IV. Discussion of the Rule



    This rule establishes a special local regulation, which will be 

enforced from 8:30 a.m. until 5:30 p.m. on August 19, 2017, and from 

8:30 a.m. until 5:30 p.m. on August 20, 2017. The regulated area covers 

all navigable waters within Hambrooks Bay and Choptank River west and 

south of a line commencing at the shoreline, at latitude 38[deg]35'00'' 

N., longitude 076[deg]04'43'' W., thence east to latitude 

38[deg]35'00'' N., longitude 076[deg]04'23.7'' W., thence north to 

latitude 38[deg]35'22.7'' N., longitude 076[deg]04'23.7'' W., thence 

northwest to latitude 38[deg]35'42.2'' N., longitude 076[deg]04'51.1'' 

W., at Hambrooks Bar Light LLNR 24995, thence southwest to latitude 

38[deg]35'34.2'' N., longitude 076[deg]05'12.3'' W., terminating at the 

Hambrooks Bay breakwall as it intersects the shoreline. This rule 

provides additional information about areas within the regulated area, 

their definitions, and the restrictions that apply to mariners. These 

areas include ``Race Area,'' ``Buffer Zone'' and ``Spectator Area''.

    The duration of the regulated area is intended to ensure the safety 

of vessels and these navigable waters before, during, and after the 

power boat racing event, scheduled to occur during August 19-20, 2017. 

Except for participants, no vessel or person will be permitted to enter 

the regulated area without obtaining permission from the COTP Maryland-

National Capital Region or Coast Guard Patrol Commander. 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. Executive Order 13771 directs agencies to control 

regulatory costs through a budgeting process. 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), 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 

enforcement duration of the regulated area, which will impact a small 

designated area of the Choptank River for 18 hours. 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, and vessel 

traffic will be able to safely transit the regulated area once the 

Coast Guard Patrol Commander deems it safe to do so.



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 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 

regulated area 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 

contact 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. If 

you believe this rule has implications for federalism or Indian tribes, 

please contact the person listed in the FOR FURTHER INFORMATION CONTACT 

section above.



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 

Management Directive 023-01 and Commandant Instruction M16475.lD, 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



[[Page 39359]]



environment. This 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 lasting for 

a total of 18 hours (enforcement period). It is categorically excluded 

from further review under paragraph 34(h) of Figure 2-1 of the 

Commandant Instruction. A Record of Environmental Consideration (REC) 

is available in the docket where indicated under ADDRESSES. We seek any 

comments or information that may lead to the discovery of a significant 

environmental impact from this rule.



G. Protest Activities



    The Coast Guard respects the First Amendment rights of protesters. 

Protesters are asked to contact 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:  33 U.S.C. 1233.





0

2. Add Sec.  100.35-T05-0571 to read as follows:





Sec.  100.35-T05-0571  Special Local Regulation; Choptank River, 

Cambridge, MD.



    (a) Definitions--(1) Captain of the Port Maryland-National Capital 

Region means the Commander, U.S. Coast Guard Sector Maryland-National 

Capital Region or a Coast Guard commissioned, warrant or petty officer 

who has been authorized by the Captain of the Port to act on his 

behalf.

    (2) Coast Guard Patrol Commander 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.

    (3) 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.

    (4) Spectator means any person or vessel not registered with the 

event sponsor as a participant or an official patrol vessel.

    (5) Participant means any person or vessel participating in the 

Thunder on the Choptank event under the auspices of the Marine Event 

Permit issued to the event sponsor and approved by Commander, Coast 

Guard Sector Maryland-National Capital Region.

    (b) Regulated area. All coordinates reference Datum NAD 1983.

    (1) Coordinates: The following location is a regulated area: All 

navigable waters within Hambrooks Bay and Choptank River west and south 

of a line commencing at the shoreline, at latitude 38[deg]35'00'' N., 

longitude 076[deg]04'43'' W., thence east to latitude 38[deg]35'00'' 

N., longitude 076[deg]04'23.7'' W., thence north to latitude 

38[deg]35'22.7'' N., longitude 076[deg]04'23.7'' W., thence northwest 

to latitude 38[deg]35'42.2'' N., longitude 076[deg]04'51.1'' W., at 

Hambrooks Bar Light LLNR 24995, thence southwest to latitude 

38[deg]35'34.2'' N., longitude 076[deg]05'12.3'' W., terminating at the 

Hambrooks Bay breakwall as it intersects the shoreline.

    (2) Race area: Located within the waters of Hambrooks Bay and 

Choptank River, in an area bound to the north by the Hambrooks Bay 

breakwall and bounded to the east by a line drawn along longitude 

076[deg]04'37'' W.

    (3) Buffer zone: All 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 waters of the Choptank River, eastward and 

outside of Hambrooks Bay breakwall, thence bound by line that commences 

at latitude 38[deg]35'27.6'' N., longitude 076[deg]04'50.1'' W., thence 

southeast to latitude 38[deg]35'21.3'' N., longitude 076[deg]04'37.2'' 

W., thence southeast to latitude 38[deg]35'21.3'' N., longitude 

076[deg]04'37.2'' W., thence northeast to latitude 38[deg]35'27.8'' N., 

longitude 076[deg]04'30.5'' W., thence northwest to latitude 

38[deg]35'42.2'' N., longitude 076[deg]04'51.1'' W., at Hambrooks Bar 

Light LLNR 24995, thence south to and terminating at the point of 

origin.

    (c) Special local regulations. (1) The Captain of the Port 

Maryland-National Capital Region or the Coast Guard Patrol Commander 

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. Failure to do 

so may result in expulsion from the area, citation for failure to 

comply, or both.

    (2) The operator of any vessel in the regulated area shall:

    (i) Stop the vessel immediately when directed to do so by any 

Official Patrol and then proceed only as directed.

    (ii) All persons and vessels shall comply with the instructions of 

the Official Patrol.

    (iii) When authorized to transit the regulated area, all vessels 

shall proceed at the minimum speed necessary to maintain a safe course 

that minimizes wake near the race course.

    (3) The Coast Guard Patrol Commander may terminate the event, or 

the operation of any participant, at any time it is deemed necessary 

for the protection of life or property.

    (4) The Race Area is an area described by a line bounded by 

coordinates provided in latitude and longitude that outlines the 

boundary of a Race Area within the regulated area defined in paragraph 

(b)(2) of this section. The actual placement of the Race Area will be 

determined by the marine event sponsor within the designated 

boundaries. Only participants and official patrol vessels are allowed 

to enter the Race Area.

    (5) The Buffer Zone is an area that surrounds the perimeter of the 

Race Area within the regulated area defined in paragraph (b)(3) of this 

section. The purpose of a Buffer Zone is to minimize potential 

collision conflicts with participants and spectators or nearby 

transiting vessels. This area provides separation between the Race Area 

and Spectator Area or other vessels that are operating in the vicinity 

of the regulated area defined in paragraph (b)(1) of this section. Only 

participants and official patrol vessels are allowed to enter the 

Buffer Zone.

    (6) The Spectator Area is an area described by a line bounded by 

coordinates provided in latitude and longitude that outlines the 

boundary of a spectator area within the regulated area defined in 

paragraph (b)(4) of this section. Spectators are only allowed inside 

the regulated area if they remain within the Spectator Area. All 

spectator vessels shall be anchored or operate at a no-wake speed while 

transiting within



[[Page 39360]]



the Spectator Area. Spectators may contact the Coast Guard Patrol 

Commander to request permission to either enter the Spectator Area or 

pass through the regulated area. If permission is granted, spectators 

must enter the Spectator Area or pass directly through the regulated 

area as instructed at safe speed and without loitering.

    (7) The Coast Guard Patrol Commander 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). Persons and 

vessels desiring to transit, moor, or anchor within the regulated area 

must obtain authorization from Captain of the Port Maryland-National 

Capital Region or Coast Guard Patrol Commander. The Captain of the Port 

Maryland-National Capital Region can be contacted at telephone number 

410-576-2693 or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). 

The Coast Guard Patrol Commander can be contacted on Marine Band Radio, 

VHF-FM channel 16 (156.8 MHz).

    (8) 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.

    (d) Enforcement. 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 periods. This section will be enforced from 8:30 

a.m. until 5:30 p.m. on August 19, 2017, and from 8:30 a.m. until 5:30 

p.m. on August 20, 2017.



    Dated: August 15, 2017.

Michael W. Batchelder,

Commander, U.S. Coast Guard, Acting Captain of the Port Maryland-

National Capital Region.

[FR Doc. 2017-17513 Filed 8-17-17; 8:45 am]

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