Special Local Regulation; Choptank River, Cambridge, MD, 23395-23398 [2018-10795]
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Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules
thence southwest to latitude 38°19′28″
N, longitude 075°04′17″ W; thence west
to the shoreline at latitude 38°19′35″ N,
longitude 075°05′02″ W, at Ocean City,
MD.
(4) Spectator Area. The designated
spectator area is a polygon in shape
measuring approximately 3,500 yards in
length by 350 yards in width. The area
is bounded by a line commencing at
position latitude 38°19′40″ N, longitude
075°04′12″ W, thence east to latitude
38°19′37″ N, longitude 075°03′59″ W,
thence northeast to latitude 38°21′17″ N,
longitude 075°03′17″ W, thence west to
latitude 38°21′20″ N, longitude
075°03′31″ W, thence southwest to point
of origin.
(c) Special local regulations: (1) The
COTP or 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. The Coast Guard Patrol
Commander may terminate the event, or
the operation of any vessel designated
by event sponsor as having a function
tied to the event, at any time the Coast
Guard Patrol Commander deems it
necessary for the protection of life or
property.
(2) Except for participants and vessels
already at berth, all persons and vessels
within the regulated area at the start of
enforcement are to depart the regulated
area.
(3) Spectators shall contact the Coast
Guard Patrol Commander to request
permission to either enter the spectator
area or pass through the regulated area.
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). If permission is granted,
spectators may enter the spectator area
or must pass directly through the
regulated area as instructed by Coast
Guard Patrol Commander and at safe
speed and without loitering. All
spectator vessels shall be anchored or
operate at a No Wake Speed within the
designated spectator area. Official patrol
vessels will direct spectator vessels to
the spectator area.
(4) Only participant vessels and
official patrol vessels are allowed to
enter the race area.
(5) Persons and vessels desiring to
transit, moor, or anchor within the
regulated area must first obtain
authorization from the COTP Maryland-
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National Capital Region or Coast Guard
Patrol Commander. The Coast Guard
Patrol Commander can be contacted on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz) to seek permission to
transit, moor, or anchor within the
regulated area while this section is
being enforced.
(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 date and times.
(d) Enforcement periods. This section
will be enforced from 9:30 a.m. to 5:30
p.m. on June 23, 2018 and from 9:30
a.m. to 5:30 p.m. on June 24, 2018.
Dated: May 15, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2018–10730 Filed 5–18–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–0178]
RIN 1625–AA08
Special Local Regulation; Choptank
River, Cambridge, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish special local regulations for
certain waters of the Choptank River.
This action is necessary to provide for
the safety of life on the navigable waters
located in Cambridge, MD, during a
power boat racing event on July 28,
2018, and July 29, 2018. This proposed
rule 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 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 June 20, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0178 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
SUMMARY:
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23395
further instructions on submitting
comments.
If
you have questions about this proposed
rulemaking, call or email Mr. Ronald
Houck, U.S. Coast Guard Sector
Maryland-National Capital Region;
telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On February 18, 2018, Kent Narrows
Racing Association of Chester, MD,
notified the Coast Guard that it will be
conducting power boat races from 9 a.m.
until 6 p.m. on July 28, 2018, and July
29, 2018. The high-speed power boat
racing event consists of approximately
60 participants competing on a
designated one-mile oval course in the
Choptank River in a cove located
between Hambrooks Bar and the
shoreline at Cambridge, MD. Hazards
from the power boat races 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. Details of the proposed
event were provided to the Coast Guard
at a meeting on April 10, 2018. There it
was learned that during past power boat
racing events in the area, large wakes
created from transient vessels operating
on the Choptank River west of the
Senator Frederick C. Malkus, Jr. (US–50)
Memorial Bridge have caused great
concern for event planners. Such wakes
are hazardous to participants as their
presence in the race area would result
in injury or death due to vessel
capsizing or collisions among
participant vessels during the highspeed races. Allowing the proposed
power boat racing event to proceed
without including these navigable
waters within the regulated area would
adversely affect event participants. The
Captain of the Port (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 or for vessels
that operate within specified waters of
the Choptank River at Cambridge, MD.
The purpose of this rulemaking is to
protect marine event participants,
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IV. Regulatory Analyses
III. Discussion of Proposed Rule
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spectators and transiting vessels on
specified waters of the Choptank River
before, during, and after the scheduled
event. The Coast Guard proposes this
rulemaking under authority in 33 U.S.C.
1233, which authorizes the Coast Guard
to establish and define special local
regulations.
A. Regulatory Planning and Review
The COTP Maryland-National Capital
Region proposes to establish special
local regulations to be enforced from
8:30 a.m. until 6:30 p.m. on July 28,
2018 and July 29, 2018. This special
local regulation would include
navigable waters of the Choptank River
located between the Senator Frederick
C. Malkus, Jr. (US–50) Memorial Bridge,
at mile 15.5, and Hambrooks Bar Light.
The area of the regulated area is
approximately 3,000 yards in length and
3,000 yards in width.
The regulated area would include 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°34′30″ N, longitude
076°04′16″ W; thence east to latitude
38°34′20″ N, longitude 076°03′46″ W;
thence north across the Choptank River
along the Senator Frederick C. Malkus,
Jr. (US–50) Memorial Bridge, at mile
15.5, to latitude 38°35′30″ N, longitude
076°02′52″ W; thence west along the
shoreline to latitude 38°35′38″ N,
longitude 076°03′09″ W; thence north
and west along the shoreline to latitude
38°36′42″ N, longitude 076°04′15″ W;
thence southwest across the Choptank
River to latitude 38°35′31″ N, longitude
076°04′57″ W, terminating at the
Hambrooks Bay breakwall. This rule
provides additional information about
designated areas within the regulated
area, including a ‘‘Race Area,’’
‘‘Spectator Area’’ and ‘‘Buffer Zone,’’
and the restrictions that apply to
mariners. The duration of the regulated
area is intended to ensure the safety of
event participants and vessels within
the specified navigable waters before,
during, and after the power boat races,
scheduled to occur 9 a.m. through 6
p.m. each day. Persons and vessels
desiring to transit, moor, or anchor
within the regulated area must obtain
authorization from COTP MarylandNational Capital Region or Coast Guard
Patrol Commander. When authorized to
transit the regulated area, all vessels
would proceed at the minimum speed
necessary to maintain a safe course that
minimizes wake near the race course.
The regulatory text we are proposing
appears at the end of this document.
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, location and
duration of the regulated area. Vessel
traffic would be able to safely transit
through the regulated area, which
would impact a small designated area of
the Choptank River for 20 hours. The
Coast Guard would issue a Broadcast
Notice to Mariners via marine band
radio VHF–FM channel 16 about the
status of the regulated area. Moreover,
the rule would, when deemed safe to do
so by the Coast Guard Patrol
Commander, allow vessel operators to
request permission to enter, remain
within, or transit through the regulated
area for the purpose of either safely
entering the ‘‘Spectator Area’’ or
transiting the regulated area at the
minimum speed necessary to maintain a
safe course that minimizes wake near
the race course.
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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.
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
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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 contact 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 contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section above.
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Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules
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 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 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 a special local regulation
lasting for 20 hours. This category of
marine event water activities includes
but is not limited to sail boat regattas,
boat parades, power boat racing,
swimming events, crew racing, canoe
and sail board racing. 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. 01. A
preliminary Memorandum for Record 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
proposed rule.
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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.
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
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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, contact 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
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
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.
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233; 33 CFR 1.05–
1.
2. Add § 100.35–T05–0178 to read as
follows:
■
§ 100.35–T05–0178 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
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23397
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 the 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°34′30″ N, longitude 076°04′16″ W;
thence east to latitude 38°34′20″ N,
longitude 076°03′46″ W; thence north
across the Choptank River along the
Senator Frederick C. Malkus, Jr. (US–50)
Memorial Bridge, at mile 15.5, to
latitude 38°35′30″ N, longitude
076°02′52″ W; thence west along the
shoreline to latitude 38°35′38″ N,
longitude 076°03′09″ W; thence north
and west along the shoreline to latitude
38°36′42″ N, longitude 076°04′15″ W;
thence southwest across the Choptank
River to latitude 38°35′31″ N, longitude
076°04′57″ W, terminating at the
Hambrooks Bay breakwall.
(2) Race area. Located within the
waters of Hambrooks Bay and Choptank
River, between Hambrooks Bar and
Great Marsh Point, MD.
(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°35′27.6″ N, longitude 076°04′50.1″
W, thence southeast to latitude
38°35′17.7″ N, longitude 076°04′29″ W,
thence south to latitude 38°35′01″ N,
longitude 076°04′29″ W, thence west to
the shoreline at latitude 38°35′01″ N,
longitude 076°04′41.3″ W.
(4) Spectator area. All waters of the
Choptank River, eastward and outside of
Hambrooks Bay breakwall, bounded by
line that commences at latitude
38°35′27.6″ N, longitude 076°04′50.1″
W, thence northeast to latitude
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38°35′30″ N, longitude 076°04′47″ W,
thence southeast to latitude 38°35′23″ N,
longitude 076°04′29″ W, thence
southwest to latitude 38°35′19″ N,
longitude 076°04′31″ W, thence
northwest to 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 within
the regulated area defined in paragraph
(b)(2) of this section. The actual
placement of the race course will be
determined by the marine event sponsor
but must be located within the
designated boundaries of the Race Area.
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
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section. All vessels within the Spectator
Area shall be anchored or operate at a
no-wake speed while transiting within
the Spectator Area.
(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
6:30 p.m. on July 28, 2018, and from
8:30 a.m. until 6:30 p.m. on July 29,
2018.
Dated: May 2, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2018–10795 Filed 5–18–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0273]
RIN 1625–AA09
Drawbridge Operation Regulation;
Atlantic Intracoastal Waterway, Palm
Beach, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
governs the operation of the Flagler
Memorial (SR A1A) Bridge, mile 1021.8,
the Royal Park (SR 704) Bridge, mile
1022.6, and the Southern Boulevard (SR
SUMMARY:
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700/80) Bridge, mile 1024.7, across the
Atlantic Intracoastal Waterway, at West
Palm Beach, Florida. This modification
allows the Flagler Memorial, Royal Park
and Southern Boulevard Bridges to
operate on alternative schedules when
the President of the United States,
members of the First Family, or other
persons under the protection of the
Secret Service visit Mar-a-Lago. The
proposed modifications are necessary to
accommodate the increase in vehicular
traffic when the presidential motorcade
is in transit.
DATES: Comments and relate material
must reach the Coast Guard on or before
July 5, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0273 using Federal eRulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this rule, call or
email LT Ruth Sadowitz, Coast Guard
Sector Miami, FL, Waterways
Management Division, telephone 305–
535–4307, email ruth.a.sadowitz@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
FL DOT Florida Department of
Transportation
AICW Atlantic Intracoastal Waterway
II. Background, Purpose and Legal
Basis
The bridge owner, Florida Department
of Transportation, requested changes to
the drawbridge operating schedules to
better facilitate orderly vehicle traffic
flow across the Flagler Memorial, Royal
Park and Southern Boulevard bridges
when the President of the United States,
members of the First Family, or other
persons under the protection of the
Secret Service visit Mar-a-Lago.
On August 17, 2017, the Coast Guard
published a notice of deviation from
drawbridge regulation with request for
comments in the Federal Register (82
FR 39019) to test proposed changes.
Three Comments were received during
the test period, which were in favor of
the regulation changes.
E:\FR\FM\21MYP1.SGM
21MYP1
Agencies
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Proposed Rules]
[Pages 23395-23398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10795]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0178]
RIN 1625-AA08
Special Local Regulation; Choptank River, Cambridge, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish special local
regulations for certain waters of the Choptank River. This action is
necessary to provide for the safety of life on the navigable waters
located in Cambridge, MD, during a power boat racing event on July 28,
2018, and July 29, 2018. This proposed rule 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
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 June 20, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0178 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. Ronald Houck, U.S. Coast Guard
Sector Maryland-National Capital Region; telephone 410-576-2674, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On February 18, 2018, Kent Narrows Racing Association of Chester,
MD, notified the Coast Guard that it will be conducting power boat
races from 9 a.m. until 6 p.m. on July 28, 2018, and July 29, 2018. The
high-speed power boat racing event consists of approximately 60
participants competing on a designated one-mile oval course in the
Choptank River in a cove located between Hambrooks Bar and the
shoreline at Cambridge, MD. Hazards from the power boat races 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. Details of the
proposed event were provided to the Coast Guard at a meeting on April
10, 2018. There it was learned that during past power boat racing
events in the area, large wakes created from transient vessels
operating on the Choptank River west of the Senator Frederick C.
Malkus, Jr. (US-50) Memorial Bridge have caused great concern for event
planners. Such wakes are hazardous to participants as their presence in
the race area would result in injury or death due to vessel capsizing
or collisions among participant vessels during the high-speed races.
Allowing the proposed power boat racing event to proceed without
including these navigable waters within the regulated area would
adversely affect event participants. The Captain of the Port (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 participate in this event or for vessels that
operate within specified waters of the Choptank River at Cambridge, MD.
The purpose of this rulemaking is to protect marine event
participants,
[[Page 23396]]
spectators and transiting vessels on specified waters of the Choptank
River before, during, and after the scheduled event. The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 1233, which
authorizes the Coast Guard to establish and define special local
regulations.
III. Discussion of Proposed Rule
The COTP Maryland-National Capital Region proposes to establish
special local regulations to be enforced from 8:30 a.m. until 6:30 p.m.
on July 28, 2018 and July 29, 2018. This special local regulation would
include navigable waters of the Choptank River located between the
Senator Frederick C. Malkus, Jr. (US-50) Memorial Bridge, at mile 15.5,
and Hambrooks Bar Light. The area of the regulated area is
approximately 3,000 yards in length and 3,000 yards in width.
The regulated area would include 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 north 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, terminating at the Hambrooks Bay
breakwall. This rule provides additional information about designated
areas within the regulated area, including a ``Race Area,'' ``Spectator
Area'' and ``Buffer Zone,'' and the restrictions that apply to
mariners. The duration of the regulated area is intended to ensure the
safety of event participants and vessels within the specified navigable
waters before, during, and after the power boat races, scheduled to
occur 9 a.m. through 6 p.m. each day. Persons and vessels desiring to
transit, moor, or anchor within the regulated area must obtain
authorization from COTP Maryland-National Capital Region or Coast Guard
Patrol Commander. When authorized to transit the regulated area, all
vessels would proceed at the minimum speed necessary to maintain a safe
course that minimizes wake near the race course. 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, location
and duration of the regulated area. Vessel traffic would be able to
safely transit through the regulated area, which would impact a small
designated area of the Choptank River for 20 hours. The Coast Guard
would issue a Broadcast Notice to Mariners via marine band radio VHF-FM
channel 16 about the status of the regulated area. Moreover, the rule
would, when deemed safe to do so by the Coast Guard Patrol Commander,
allow vessel operators to request permission to enter, remain within,
or transit through the regulated area for the purpose of either safely
entering the ``Spectator Area'' or transiting the regulated area at the
minimum speed necessary to maintain a safe course that minimizes wake
near the race course.
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 contact 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 contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
[[Page 23397]]
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 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 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 a special
local regulation lasting for 20 hours. This category of marine event
water activities includes but is not limited to sail boat regattas,
boat parades, power boat racing, swimming events, crew racing, canoe
and sail board racing. 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. 01. A preliminary Memorandum for
Record 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 proposed 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.
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, contact 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 the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
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.
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: 33 U.S.C. 1233; 33 CFR 1.05-1.
0
2. Add Sec. 100.35-T05-0178 to read as follows:
Sec. 100.35-T05-0178 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 the 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 north 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, terminating at
the Hambrooks Bay breakwall.
(2) Race area. Located within the waters of Hambrooks Bay and
Choptank River, between Hambrooks Bar and Great Marsh Point, MD.
(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, bounded by line that commences at
latitude 38[deg]35'27.6'' N, longitude 076[deg]04'50.1'' W, thence
northeast to latitude
[[Page 23398]]
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 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 within the regulated area defined in
paragraph (b)(2) of this section. The actual placement of the race
course will be determined by the marine event sponsor but must be
located within the designated boundaries of the Race Area. 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. All vessels within the Spectator Area
shall be anchored or operate at a no-wake speed while transiting within
the Spectator Area.
(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 6:30 p.m. on July 28, 2018, and from 8:30 a.m. until 6:30
p.m. on July 29, 2018.
Dated: May 2, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2018-10795 Filed 5-18-18; 8:45 am]
BILLING CODE 9110-04-P