Special Local Regulation; Marine Event Within the Fifth Coast Guard District, 14837-14840 [2020-05139]

Download as PDF Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Proposed Rules 14837 SUMMARY OF REGISTRATION REQUIREMENTS AND LIMITATIONS Registration period (years) Chemicals DEA forms (1) Manufacturing .... List I, ........................................ Drug products containing ephedrine, pseudoephedrine, phenylpropanolamine. List I, ........................................ Scheduled listed chemical products. List I, ........................................ Drug Products containing ephedrine, pseudoephedrine, phenylpropanolamine. List I, ........................................ Scheduled listed chemical products. New—510 ............... Renewal—510a ...... 3,699 1 New—510 ............... Renewal—510a ...... 1,850 1 New—510 ............... Renewal—510a ...... 1,850 1 New—510 ............... Renewal—510a ...... 1,850 1 (2) Distributing ........ (3) Importing ........... (4) Exporting ........... Dated: March 9, 2020. Uttam Dhillon, Acting Administrator. [FR Doc. 2020–05159 Filed 3–12–20; 8:45 am] BILLING CODE 4410–09–P Office of Investment Security 31 CFR Parts 800 and 802 RIN 1505–AC65 Filing Fees for Notices of Certain Investments in the United States by Foreign Persons and Certain Transactions by Foreign Persons Involving Real Estate in the United States; Correction Office of Investment Security, Department of the Treasury. ACTION: Proposed rule; correction. AGENCY: On March 9, 2020, the Department of the Treasury published a proposed rule that would establish a fee for parties filing a voluntary notice of certain transactions for review by the Committee on Foreign Investment in the United States. This rule corrects the comment due date for the proposed rule. DATES: Written comments on the proposed rule on CFIUS filing fees (85 FR 13586) must be received by April 3, 2020. FOR FURTHER INFORMATION CONTACT: Laura Black, Director of Investment Security Policy and International Relations; Meena R. Sharma, Deputy Director of Investment Security Policy and International Relations; David Shogren, Senior Policy Advisor; or James Harris, Senior Policy Advisor, at SUMMARY: VerDate Sep<11>2014 17:35 Mar 13, 2020 Jkt 250001 Coincident activities allowed May distribute that chemical for which registration was issued; may not distribute any chemical for which not registered. May distribute that chemical for which registration was issued; may not distribute any chemical for which not registered. U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW, Washington, DC 20220; telephone: (202) 622–3425; email: CFIUS.FIRRMA@treasury.gov. DEPARTMENT OF HOMELAND SECURITY On March 4, 2020, the proposed rule, ‘‘Filing Fees for Notices of Certain Investments in the United States by Foreign Persons and Certain Transactions by Foreign Persons Involving Real Estate in the United States’’ was filed with the Office of the Federal Register. The proposed rule that was filed included a comment due date that was 30 days after the date of filing. An inadvertent error caused the rule document that was published in the Federal Register on March 9, 2020 (85 FR 13586) to include an incorrect comment due date. This correction confirms the due date for comments on the proposed rule is April 3, 2020. 33 CFR Part 100 SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE TREASURY lotter on DSKBCFDHB2PROD with PROPOSALS Application fee Business activity Correction In proposed rule document 2020– 04641 beginning on page 13586 in the issue of Monday, March 9, 2020, make the following correction: On page 13586, in the first column, in the DATES section in the 35th line, ‘‘April 8, 2020’’ should read ‘‘April 3, 2020’’. Dated: March 10, 2020. Meena R. Sharma, Deputy Director, Office of Investment Security Policy and International Relations. [FR Doc. 2020–05298 Filed 3–13–20; 8:45 am] BILLING CODE 4810–25–P PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 Coast Guard [Docket Number USCG–2020–0066] RIN 1625–AA08 Special Local Regulation; Marine Event Within the Fifth Coast Guard District Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing to establish temporary special local regulation for certain waters of the Choptank River. This action is necessary to provide for the safety of life on these navigable waters located at Cambridge, MD, during a high-speed power boat racing event on May 16, 2020, and May 17, 2020. 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 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 April 15, 2020. ADDRESSES: You may submit comments identified by docket number USCG– 2020–0066 using the Federal eRulemaking Portal at http:// 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 SUMMARY: E:\FR\FM\16MRP1.SGM 16MRP1 14838 Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Proposed Rules 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: lotter on DSKBCFDHB2PROD with PROPOSALS 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 CFR Section U.S.C. United States Code II. Background, Purpose, and Legal Basis Cambridge Power Boat Racing Association, Inc. of Cambridge, MD, notified the Coast Guard that it will be conducting the Cambridge Classic Power Boat Regatta from 10 a.m. to 5:30 p.m. on May 16, 2020, and from 10 a.m. to 5:30 p.m. on May 17, 2020. The highspeed power boat racing event consists of approximately 75 participating inboard and outboard hydroplane and runabout race boats of various classes, 16 to 26 feet in length. The vessels will be competing on a designated, marked, 1-mile oval course located in the Choptank River in a cove located between Hambrooks Bar and the shoreline at Cambridge, MD. Hazards from the power boat racing event include risks of injury or death resulting from near or actual contact among participant vessels and spectator vessels or waterway users if normal vessel traffic were to interfere with the event. Additionally, such hazards include participants operating near designated navigation channels, as well as operating near approaches to local public boat ramps, private marinas and yacht clubs, and waterfront businesses. The COTP Maryland-National Capital Region has determined that potential hazards associated with the power boat races would be a safety concern for anyone intending to participate in this event and for vessels that operate within specified waters of the Choptank River. Our regulation for marine events within the Fifth Coast Guard District in 33 Code of Federal Regulations (CFR) 100.501, lists this annually scheduled event as item b.21 in the Table to § 100.501. This year, however, due to a scheduling change for the Cambridge Classic Powerboat Race, a change of dates is necessary to the dates previously published in the CFR, as listed in the Table to 33 CFR 100.501. Additionally, this proposed rule addresses a need to change the location of the Cambridge Classic Powerboat Race regulated area for this year from VerDate Sep<11>2014 17:35 Mar 13, 2020 Jkt 250001 that previously published in the Table to 33 CFR 100.501. 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 9 a.m. on May 16, 2020, through 6:30 p.m. on May 17, 2020. The regulations would be enforced from 9 a.m. through 6:30 p.m. each day. The regulated area would cover all navigable waters of 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 northeast 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; thence west along the Hambrooks Bay breakwall to latitude 38°35′33″ N, longitude 076°05′17″ W; thence south and east along the shoreline to and terminating at the point of origin. This proposed rule provides additional information about areas within the regulated area, and the restrictions that apply to mariners. These areas include a ‘‘Race Area,’’ ‘‘Buffer Zone’’ and ‘‘Spectator Area.’’ The proposed duration of the rule and size of the regulated area are intended to ensure the safety of life on these navigable waters before, during, and after the high-speed power boat races, scheduled to take place from 10 a.m. to 5:30 p.m. on May 16, 2020, and May 17, 2020. The COTP and the Coast Guard Patrol Commander (PATCOM) would have authority to forbid and control the movement of all vessels and persons, including event participants, in the regulated area. Except for Cambridge Classic Powerboat Race participants and vessels already at berth, a vessel or person would be required to get permission from the COTP or PATCOM before entering the regulated area while the PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 rule is being enforced. Vessel operators would request permission to enter and transit through the regulated area by contacting the COTP, PATCOM or official patrols on VHF–FM channel 16. A person or vessel not registered with the event sponsor as a participant or assigned as official patrols would be considered a non-participant. Official Patrols are any vessel assigned or approved by the Commander, Coast Guard Sector Maryland-National Capital Region with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. If permission is granted by the COTP or PATCOM, a non-participant 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. Official patrol vessels would direct nonparticipants while within the regulated area. The regulatory text we are proposing appears at the end of this document. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. 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 size and duration of the regulated area, which would impact a small designated area of the Choptank River for 19 total enforcement hours. The Coast Guard would issue a Broadcast Notice to Mariners via VHF– FM marine channel 16 about the status of the regulated area. Moreover, the rule would allow vessels and persons to seek permission to enter the regulated area. E:\FR\FM\16MRP1.SGM 16MRP1 Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Proposed Rules 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 safety zone 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). lotter on DSKBCFDHB2PROD with PROPOSALS 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 VerDate Sep<11>2014 17:35 Mar 13, 2020 Jkt 250001 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. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves implementation of regulations within 33 CFR part 100 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 19 hours. Normally such actions are categorically excluded from further review under paragraph L[61] of Appendix A, Table 1 of DHS Instruction Manual 023–01– 001–01, Rev. 01. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 14839 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 http:// www.regulations.gov. If your material cannot be submitted using http:// 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 http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and submissions in response to this docket, see DHS’s Correspondence System of Records notice (84 FR 48645, September 26, 2018). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://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 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: ■ E:\FR\FM\16MRP1.SGM 16MRP1 14840 Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Proposed Rules Authority: 46 U.S.C. 70041; 33 CFR 1.05– 1. 2. Add § 100.T05–0066 to read as follows: ■ lotter on DSKBCFDHB2PROD with PROPOSALS § 100.T05–0066 Cambridge Classic Powerboat Race, Choptank River, Hambrooks Bay, Cambridge, MD. (a) Regulated areas. The regulations in this section apply to the following areas: (1) 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 northeast 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; thence west along the Hambrooks Bay breakwall to latitude 38°35′33″ N, longitude 076°05′17″ W; thence south and east along the shoreline to and terminating at the point of origin. The following locations are within the regulated area: (i) Race Area. Located within the waters of Hambrooks Bay and Choptank River, between Hambrooks Bar and Great Marsh Point, MD. (ii) 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. (iii) Spectator Area. All waters of the Choptank River, eastward and outside of Hambrooks Bay breakwall, thence bound by line that commences at latitude 38°35′28″ N, longitude 076°04′50″ W; thence northeast to latitude 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 VerDate Sep<11>2014 17:35 Mar 13, 2020 Jkt 250001 076°04′31″ W; thence northwest to and terminating at the point of origin. (2) These coordinates are based on datum NAD 1983. (b) Definitions. As used in this section— 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. Coast Guard Patrol Commander (PATCOM) means a commissioned, warrant, or petty officer of the U.S. Coast Guard who has been designated by the Commander, Coast Guard Sector Maryland-National Capital Region. Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Maryland-National Capital Region with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. Participant means all persons and vessels registered with the event sponsor as participating in the Cambridge Classic Powerboat Race or otherwise designated by the event sponsor as having a function tied to the event. (c) Regulations. (1) Except for participants and vessels already at berth, all non-participants are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area described in paragraph (a) of this section unless authorized by the COTP MarylandNational Capital Region or PATCOM. (2) To seek permission to enter, 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 PATCOM on Marine Band Radio, VHF–FM channel 16 (156.8 MHz) or at telephone number 410–226– 0580. Those in the regulated area must comply with all lawful orders or directions given to them by the COTP Maryland-National Capital Region or PATCOM. (3) The COTP Maryland-National Capital Region will provide notice of the regulated area through advanced notice via Fifth Coast Guard District Local Notice to Mariners, broadcast notice to mariners, and on-scene official patrols. (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. through 6:30 p.m. on May 16, 2020, and, from PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 9 a.m. through 6:30 p.m. on May 17, 2020. Dated: March 10, 2020. Joseph B. Loring, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2020–05139 Filed 3–13–20; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0890] RIN 1625–AA00 Safety Zone; Highway 99 Partial Bridge Replacement, Stanislaus River, Ripon, CA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing to establish a temporary safety zone for certain waters of the Stanislaus River. This action is necessary to provide for the safety of life on the Stanislaus River near the Highway 99 Bridge in Ripon, CA, during partial bridge replacement scheduled to occur between June 15, 2020 and November 7, 2020. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port San Francisco or a designated representative. We invite your comments on this proposed rulemaking. SUMMARY: Comments and related material must be received by the Coast Guard on or before April 15, 2020. ADDRESSES: You may submit comments identified by docket number USCG– 2019–0890 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. DATES: If you have questions about this proposed rulemaking, call or email LT Jennae Cotton, Waterways Management, U.S. Coast Guard; telephone 415–399–3585, email SFWaterways@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port San Francisco DHS Department of Homeland Security E:\FR\FM\16MRP1.SGM 16MRP1

Agencies

[Federal Register Volume 85, Number 51 (Monday, March 16, 2020)]
[Proposed Rules]
[Pages 14837-14840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05139]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0066]
RIN 1625-AA08


Special Local Regulation; Marine Event Within the Fifth Coast 
Guard District

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 Choptank River. This action 
is necessary to provide for the safety of life on these navigable 
waters located at Cambridge, MD, during a high-speed power boat racing 
event on May 16, 2020, and May 17, 2020. 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 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 April 15, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0066 using the Federal eRulemaking Portal at http://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

[[Page 14838]]

rulemaking, call or email Mr. Ron 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
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
CFR Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Cambridge Power Boat Racing Association, Inc. of Cambridge, MD, 
notified the Coast Guard that it will be conducting the Cambridge 
Classic Power Boat Regatta from 10 a.m. to 5:30 p.m. on May 16, 2020, 
and from 10 a.m. to 5:30 p.m. on May 17, 2020. The high-speed power 
boat racing event consists of approximately 75 participating inboard 
and outboard hydroplane and runabout race boats of various classes, 16 
to 26 feet in length. The vessels will be competing on a designated, 
marked, 1-mile oval course located in the Choptank River in a cove 
located between Hambrooks Bar and the shoreline at Cambridge, MD. 
Hazards from the power boat racing event include risks of injury or 
death resulting from near or actual contact among participant vessels 
and spectator vessels or waterway users if normal vessel traffic were 
to interfere with the event. Additionally, such hazards include 
participants operating near designated navigation channels, as well as 
operating near approaches to local public boat ramps, private marinas 
and yacht clubs, and waterfront businesses. The COTP Maryland-National 
Capital Region has determined that potential hazards associated with 
the power boat races would be a safety concern for anyone intending to 
participate in this event and for vessels that operate within specified 
waters of the Choptank River.
    Our regulation for marine events within the Fifth Coast Guard 
District in 33 Code of Federal Regulations (CFR) 100.501, lists this 
annually scheduled event as item b.21 in the Table to Sec.  100.501. 
This year, however, due to a scheduling change for the Cambridge 
Classic Powerboat Race, a change of dates is necessary to the dates 
previously published in the CFR, as listed in the Table to 33 CFR 
100.501. Additionally, this proposed rule addresses a need to change 
the location of the Cambridge Classic Powerboat Race regulated area for 
this year from that previously published in the Table to 33 CFR 
100.501.
    The purpose of this rulemaking is to protect event participants, 
non-participants 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 9 a.m. on May 16, 2020, through 6:30 
p.m. on May 17, 2020. The regulations would be enforced from 9 a.m. 
through 6:30 p.m. each day. The regulated area would cover all 
navigable waters of 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 northeast across the Choptank 
River along the Senator Frederick C. Malkus, Jr. (US-50) Memorial 
Bridge, at mile 15.5, to latitude 38[deg]35'30'' N, longitude 
076[deg]02'52'' W; thence west along the shoreline to latitude 
38[deg]35'38'' N, longitude 076[deg]03'09'' W; thence north and west 
along the shoreline to latitude 38[deg]36'42'' N, longitude 
076[deg]04'15'' W; thence southwest across the Choptank River to 
latitude 38[deg]35'31'' N, longitude 076[deg]04'57'' W; thence west 
along the Hambrooks Bay breakwall to latitude 38[deg]35'33'' N, 
longitude 076[deg]05'17'' W; thence south and east along the shoreline 
to and terminating at the point of origin.
    This proposed rule provides additional information about areas 
within the regulated area, and the restrictions that apply to mariners. 
These areas include a ``Race Area,'' ``Buffer Zone'' and ``Spectator 
Area.''
    The proposed duration of the rule and size of the regulated area 
are intended to ensure the safety of life on these navigable waters 
before, during, and after the high-speed power boat races, scheduled to 
take place from 10 a.m. to 5:30 p.m. on May 16, 2020, and May 17, 2020. 
The COTP and the Coast Guard Patrol Commander (PATCOM) would have 
authority to forbid and control the movement of all vessels and 
persons, including event participants, in the regulated area.
    Except for Cambridge Classic Powerboat Race participants and 
vessels already at berth, a vessel or person would be required to get 
permission from the COTP or PATCOM before entering the regulated area 
while the rule is being enforced. Vessel operators would request 
permission to enter and transit through the regulated area by 
contacting the COTP, PATCOM or official patrols on VHF-FM channel 16. A 
person or vessel not registered with the event sponsor as a participant 
or assigned as official patrols would be considered a non-participant. 
Official Patrols are any vessel assigned or approved by the Commander, 
Coast Guard Sector Maryland-National Capital Region with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    If permission is granted by the COTP or PATCOM, a non-participant 
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. 
Official patrol vessels would direct non-participants while within the 
regulated area.
    The regulatory text we are proposing appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders, and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. 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 size and duration 
of the regulated area, which would impact a small designated area of 
the Choptank River for 19 total enforcement hours. The Coast Guard 
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the status of the regulated area. Moreover, the rule would allow 
vessels and persons to seek permission to enter the regulated area.

[[Page 14839]]

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 
safety zone 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.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves 
implementation of regulations within 33 CFR part 100 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 19 hours. Normally such actions 
are categorically excluded from further review under paragraph L[61] of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. 
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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this docket, see DHS's Correspondence System 
of Records notice (84 FR 48645, September 26, 2018).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://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 is 
proposing 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:


[[Page 14840]]


    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec.  100.T05-0066 to read as follows:



Sec.  100.T05-0066  Cambridge Classic Powerboat Race, Choptank River, 
Hambrooks Bay, Cambridge, MD.

    (a) Regulated areas. The regulations in this section apply to the 
following areas:
    (1) All navigable waters within Choptank River and Hambrooks Bay 
bounded by a line connecting the following coordinates: Commencing at 
the shoreline at Long Wharf Park, Cambridge, MD, at position latitude 
38[deg]34'30'' N, longitude 076[deg]04'16'' W; thence east to latitude 
38[deg]34'20'' N, longitude 076[deg]03'46'' W; thence northeast across 
the Choptank River along the Senator Frederick C. Malkus, Jr. (US-50) 
Memorial Bridge, at mile 15.5, to latitude 38[deg]35'30'' N, longitude 
076[deg]02'52'' W; thence west along the shoreline to latitude 
38[deg]35'38'' N, longitude 076[deg]03'09'' W; thence north and west 
along the shoreline to latitude 38[deg]36'42'' N, longitude 
076[deg]04'15'' W; thence southwest across the Choptank River to 
latitude 38[deg]35'31'' N, longitude 076[deg]04'57'' W; thence west 
along the Hambrooks Bay breakwall to latitude 38[deg]35'33'' N, 
longitude 076[deg]05'17'' W; thence south and east along the shoreline 
to and terminating at the point of origin. The following locations are 
within the regulated area:
    (i) Race Area. Located within the waters of Hambrooks Bay and 
Choptank River, between Hambrooks Bar and Great Marsh Point, MD.
    (ii) 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.
    (iii) 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]35'28'' N, longitude 076[deg]04'50'' W; 
thence northeast to latitude 38[deg]35'30'' N, longitude 
076[deg]04'47'' W; thence southeast to latitude 38[deg]35'23'' N, 
longitude 076[deg]04'29'' W; thence southwest to latitude 
38[deg]35'19'' N, longitude 076[deg]04'31'' W; thence northwest to and 
terminating at the point of origin.
    (2) These coordinates are based on datum NAD 1983.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) Maryland-National Capital Region means 
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region 
or any Coast Guard commissioned, warrant or petty officer who has been 
authorized by the COTP to act on his behalf.
    Coast Guard Patrol Commander (PATCOM) means a commissioned, 
warrant, or petty officer of the U.S. Coast Guard who has been 
designated by the Commander, Coast Guard Sector Maryland-National 
Capital Region.
    Official Patrol means any vessel assigned or approved by Commander, 
Coast Guard Sector Maryland-National Capital Region with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    Participant means all persons and vessels registered with the event 
sponsor as participating in the Cambridge Classic Powerboat Race or 
otherwise designated by the event sponsor as having a function tied to 
the event.
    (c) Regulations. (1) Except for participants and vessels already at 
berth, all non-participants are prohibited from entering, transiting 
through, anchoring in, or remaining within the regulated area described 
in paragraph (a) of this section unless authorized by the COTP 
Maryland-National Capital Region or PATCOM.
    (2) To seek permission to enter, 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 PATCOM on Marine Band 
Radio, VHF-FM channel 16 (156.8 MHz) or at telephone number 410-226-
0580. Those in the regulated area must comply with all lawful orders or 
directions given to them by the COTP Maryland-National Capital Region 
or PATCOM.
    (3) The COTP Maryland-National Capital Region will provide notice 
of the regulated area through advanced notice via Fifth Coast Guard 
District Local Notice to Mariners, broadcast notice to mariners, and 
on-scene official patrols.
    (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. 
through 6:30 p.m. on May 16, 2020, and, from 9 a.m. through 6:30 p.m. 
on May 17, 2020.

    Dated: March 10, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2020-05139 Filed 3-13-20; 8:45 am]
 BILLING CODE 9110-04-P