Special Local Regulations, Choptank River, Cambridge, MD, 41798-41801 [2021-16478]

Download as PDF 41798 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules TCCA, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888– 663–3639; email AD-CN@tc.gc.ca; internet https://tc.canada.ca/en/aviation. You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. Issued on July 28, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–16431 Filed 8–2–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2021–0540] RIN 1625–AA08 Special Local Regulations, Choptank River, Cambridge, MD Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing to establish special local regulations for certain waters of the Choptank River. This action is necessary to provide for the safety of life on navigable waters located at Cambridge, MD, during a high-speed power boat racing event on October 9, 2021, and October 10, 2021. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port MarylandNational Capital Region or Coast Guard Event Patrol Commander. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before September 2, 2021. ADDRESSES: You may submit comments identified by docket number USCG– 2021–0540 using the Federal eRulemaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Mr. Ron Houck, Waterways Management Division, U.S. Coast Guard; telephone jbell on DSKJLSW7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:59 Aug 02, 2021 Jkt 253001 410–576–2674, email D05-DGSectorMD-NCR-MarineEvents@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security Event PATCOM Event Patrol Commander FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis The Cambridge Power Boat Regatta Association of Cambridge, MD, notified the Coast Guard that it will be conducting the Cambridge Classic Power Boat Regatta from 10 a.m. to 5 p.m. on October 9, 2021, and from 10 a.m. to 5 p.m. on October 10, 2021. The high-speed power boat racing event consists of approximately 60 participating inboard and outboard hydroplane and runabout race boats of various classes, 16 to 24 feet in length. The vessels will be competing on a designated, marked 1-mile oval course located in the Choptank River in a cove located between Hambrooks Bar and the shoreline at Cambridge, MD. Hazards from the power boat racing event include risks of injury or death resulting from near or actual contact among participant vessels and spectator vessels or waterway users if normal vessel traffic were to interfere with the event. Additionally, such hazards include participants operating near designated navigation channels, as well as operating near approaches to local public boat ramps, private marinas and yacht clubs, and waterfront businesses. The COTP Maryland-National Capital Region has determined that potential hazards associated with the power boat races would be a safety concern for anyone intending to operate within certain waters of the Choptank River at Cambridge, MD. The purpose of this rulemaking is to protect event participants, spectators, and transiting vessels on certain waters of Choptank River before, during, and after the scheduled event. The Coast Guard proposes this rulemaking under authority in 46 U.S.C. 70041. III. Discussion of Proposed Rule The COTP Maryland-National Capital Region is proposing to establish special local regulations from 9 a.m. on October 9, 2021, until 6 p.m. on October 10, 2021. The special local regulations would be enforced from 9 a.m. to 6 p.m. on October 9th and those same hours on October 10th. The regulated area would PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 cover all navigable waters within Choptank River and Hambrooks Bay bounded by a line connecting the following coordinates: Commencing at the shoreline at Long Wharf Park, Cambridge, MD, at position latitude 38°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 in Dorchester County, MD. This proposed rule provides additional information about areas within the regulated area, and the restrictions that apply to mariners. These areas include a ‘‘Race Area,’’ ‘‘Buffer Area’’ and ‘‘Spectator Area’’. The proposed duration of the rule and size of the regulated area are intended to ensure the safety of life on these navigable waters before, during, and after the high-speed power boat races, scheduled from 10 a.m. until 5 p.m. on October 9, 2021 and October 10, 2021. The COTP and Coast Guard Event Patrol Commander (Event PATCOM) would have authority to forbid and control the movement of all vessels and persons, including event participants, in the regulated area. When hailed or signaled by an official patrol, a vessel or person in the regulated area would be required to immediately comply with the directions given by the COTP or Event PATCOM. If a person or vessel fails to follow such directions, the Coast Guard may expel them from the area, issue them a citation for failure to comply, or both. Except for Cambridge Classic Power Boat Regatta participants and vessels already at berth, a vessel or person would be required to get permission from the COTP or Event PATCOM before entering the regulated area while the rule is being enforced. Vessel operators could request permission to enter and transit through the regulated area by contacting the Event PATCOM on VHF–FM channel 16. Vessel traffic would be able to safely transit the regulated area once the Event PATCOM deems it safe to do so. A person or vessel not registered with the event E:\FR\FM\03AUP1.SGM 03AUP1 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules sponsor as a participant or assigned as official patrols would be considered a spectator. Official Patrols are any vessel assigned or approved by the Commander, Coast Guard Sector Maryland-National Capital Region with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. If permission is granted by the COTP or Event PATCOM, a person or vessel would be allowed to enter the regulated area or pass directly through the regulated area as instructed. Vessels would be required to operate at a safe speed that minimizes wake while within the regulated area. Official patrol vessels will direct spectator vessels while within the regulated area. Vessels would be prohibited from loitering within the navigable channel. Only participant vessels and official patrol vessels would be allowed to enter the race area. The regulatory text we are proposing appears at the end of this document. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. jbell on DSKJLSW7X2PROD with PROPOSALS A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the location, size and duration of the regulated area, which impacts a portion of the Choptank River for a total of 18 hours. The regulated area extends across the entire width of the Choptank River between Cambridge, MD, and Trappe, MD. The majority of the vessel traffic through this area consists of passenger, recreational and fishing vessels transiting along the Choptank River or into Cambridge Creek. The Coast Guard would issue a Broadcast Notice to Mariners via VHF– FM marine channel 16 about the status of the regulated area. Moreover, the rule would allow vessels to seek permission to enter the regulated area. VerDate Sep<11>2014 16:59 Aug 02, 2021 Jkt 253001 B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the regulated area may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104– 121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132 (Federalism), if it has a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 41799 with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed rule does not have tribal implications under Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments) because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this proposed rule has implications for federalism or Indian tribes, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves implementation of regulations within 33 CFR part 100 for total 18 enforcement hours. Normally such actions are categorically excluded from further review under paragraph L61of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to E:\FR\FM\03AUP1.SGM 03AUP1 41800 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. Submitting comments. We encourage you to submit comments through the Federal Decision Making Portal at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG–2021–0540 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If you cannot submit your material by using https:// www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Viewing material in docket. To view documents mentioned in this proposed rule as being available in the docket, find the docket as described in the previous paragraph, and then select ‘‘Supporting & Related Material’’ in the Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the https:// www.regulations.gov Frequently Asked Questions web page. We review all comments received, but we will only post comments that address the topic of the proposed rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive. Personal information. We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have provided. For more about privacy and submissions in response to this document, see DHS’s eRulemaking System of Records notice (85 FR 14226, March 11, 2020). List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: VerDate Sep<11>2014 16:59 Aug 02, 2021 Jkt 253001 PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 46 U.S.C. 70041; 33 CFR 1.05– 1. 2. Add § 100.501T05–0540 to read as follows: ■ § 100.501T05–0540 Cambridge Classic Power Boat Regatta, Choptank River, Cambridge, MD. (a) Locations. All coordinates reference Datum NAD 1983. (1) Regulated area. All navigable waters within Choptank River and Hambrooks Bay bounded by a line connecting the following coordinates: Commencing at the shoreline at Long Wharf Park, Cambridge, MD, at position latitude 38°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: (2) Race area. Located within the waters of Hambrooks Bay and Choptank River, between Hambrooks Bar and Great Marsh Point, MD. The race area is within the buffer area. (3) Buffer area. All navigable waters within Hambrooks Bay and Choptank River (with the exception of the race area designated by the marine event sponsor) bound to the north by the breakwall and continuing along a line drawn from the east end of breakwall located at latitude 38°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 navigable 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, PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 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 and terminating at the point of origin. (b) Definitions. As used in this section— Buffer area is a neutral area that surrounds the perimeter of the Course Area within the regulated area described by this section. The purpose of a buffer area is to minimize potential collision conflicts with marine event participants or high-speed power boats and spectator vessels or nearby transiting vessels. This area provides separation between a Course Area and a specified Spectator Area or other vessels that are operating in the vicinity of the regulated area established by the special local regulations. Captain of the Port (COTP) MarylandNational Capital Region means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region or any Coast Guard commissioned, warrant or petty officer who has been authorized by the COTP to act on his behalf. Course area is an area described by a line bound by coordinates provided in latitude and longitude that outlines the boundary of a course area within the regulated area defined by this section. Event patrol commander or Event PATCOM means a commissioned, warrant, or petty officer of the U.S. Coast Guard who has been designated by the Commander, Coast Guard Sector Maryland-National Capital Region. Official patrol means any vessel assigned or approved by Commander, Coast Guard Sector Maryland-National Capital Region with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. Participant means all persons and vessels registered with the event sponsor as participating in the ‘‘Cambridge Classic Power Boat Regatta’’ powerboat races, or otherwise designated by the event sponsor as having a function tied to the event. Spectator means a person or vessel not registered with the event sponsor as participants or assigned as official patrols. Spectator area is an area described by a line bound by coordinates provided in latitude and longitude that outlines the boundary of a spectator area within the regulated area defined by this part. (c) Special Local Regulations. (1) The COTP Maryland-National Capital Region or Event PATCOM may forbid and control the movement of all vessels and persons, including event participants, in the regulated area. E:\FR\FM\03AUP1.SGM 03AUP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules When hailed or signaled by an official patrol, a vessel or person in the regulated area shall immediately comply with the directions given by the patrol. Failure to do so may result in the Coast Guard expelling the person or vessel from the area, issuing a citation for failure to comply, or both. The COTP Maryland-National Capital Region or Event PATCOM may terminate the event, or a participant’s operations at any time the COTP Maryland-National Capital Region or Event PATCOM believes it necessary to do so for the protection of life or property. (2) Except for participants and vessels already at berth, a person or vessel within the regulated area at the start of enforcement of this section must immediately depart the regulated area. (3) A spectator must contact the Event PATCOM to request permission to either enter or pass through the regulated area. The Event PATCOM, and official patrol vessels enforcing this regulated area, can be contacted on marine band radio VHF–FM channel 16 (156.8 MHz) and channel 22A (157.1 MHz). If permission is granted, the spectator must enter the designated Spectator Area or pass directly through the regulated area as instructed by Event PATCOM. A vessel within the regulated area must operate at safe speed that minimizes wake. A spectator vessel must not loiter within the navigable channel while within the regulated area. (4) Only participant vessels and official patrol vessels are allowed to enter the buffer area or race area. (5) A person or vessel that desires to transit, moor, or anchor within the regulated area must obtain authorization from the COTP Maryland-National Capital Region or Event PATCOM. A person or vessel seeking such permission can contact the COTP Maryland-National Capital Region at telephone number 410–576–2693 or on Marine Band Radio, VHF–FM channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF–FM channel 16 (156.8 MHz). (6) The Coast Guard will publish a notice in the Fifth Coast Guard District Local Notice to Mariners and issue a marine information broadcast on VHF– FM marine band radio announcing specific event dates and times. (d) Enforcement officials. The Coast Guard may be assisted with marine event patrol and enforcement of the regulated area by other federal, state, and local agencies. (e) Enforcement period. This section will be enforced from 9 a.m. to 6 p.m. on October 9, 2021, and, from 9 a.m. to 6 p.m. on October 10, 2021. VerDate Sep<11>2014 16:59 Aug 02, 2021 Jkt 253001 Dated: July 28, 2021. David E. O’Connell, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2021–16478 Filed 8–2–21; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 423 [FRL 8794–04–OW] Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category. Environmental Protection Agency (EPA). ACTION: Notice of rulemaking initiative. AGENCY: In accordance with President Biden’s Executive Order 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis (January 25, 2021), the U.S. Environmental Protection Agency (EPA) announces its decision to undertake a rulemaking that will propose to revise the Steam Electric Power Generating Effluent Limitations Guidelines and Standards. As part of the rulemaking process, EPA will determine whether more stringent limitations and standards are appropriate and consistent with the technology-forcing statutory scheme and the goals of the Clean Water Act. EPA intends to sign the notice of proposed rulemaking for public comment in the Fall of 2022. DATES: August 3, 2021. ADDRESSES: U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; FOR FURTHER INFORMATION CONTACT: Richard Benware, Engineering and Analysis Division, Office of Water, (4303T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number: (202) 566–1369, 1200; email address: benware.richard@epa.gov. SUPPLEMENTARY INFORMATION: Among its core provisions, the Clean Water Act (CWA) prohibits the discharge of pollutants from a point source to waters of the U.S., except as authorized under the CWA. Under section 402 of the CWA, 33 U.S.C. 1342, discharges may be authorized through a National Pollutant Discharge Elimination System (NPDES) permit. The CWA establishes a dual approach for these permits: (1) Technology-based controls that establish a floor of performance for all dischargers, and (2) water quality-based SUMMARY: PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 41801 effluent limitations, where the technology-based effluent limitations are insufficient to meet applicable water quality standards (WQS). As the basis for the technology-based controls, the CWA authorizes EPA to establish national technology-based effluent limitations guidelines (ELGs) and new source performance standards (NSPS) for discharges into waters of the United States from categories of point sources (such as industrial, commercial, and public sources). For discharges to publicly owned treatment works (POTWs), sections 301, 306 and 307 of the CWA call for establishment of pretreatment standards, which are analogous to effluent limitations, which directly apply to new and existing sources. Clean Water Act section 301(b)(2)(A) requires that, by March 31, 1989, existing discharges of toxic and nonconventional pollutants must be limited based on ‘‘best available technology economically achievable . . . which will result in reasonable further progress toward the national goal of eliminating the discharge of all pollutants, as determined in accordance with regulations issued . . . pursuant to section 304(b)(2) of the Act.’’ Furthermore, such limitations ‘‘shall require the elimination of discharges of all pollutants if the Administrator finds . . . that such elimination is technologically and economically achievable’’ for the industry, ‘‘as determined in accordance with regulations issued . . . pursuant to section 304(b)(2).’’ Section 304(b)(2) provides that ‘‘[f]actors relating to the assessment of best available technology shall take into account the age of equipment and facilities involved, the process employed, the engineering aspect of the application of various types of control techniques, process changes, the cost of achieving such effluent reduction, non-water quality environmental impact (including energy requirements), and such other factors as the Administrator deems appropriate.’’ The Agency is afforded considerable discretion in how to weigh these factors in making the ultimate decision as to what constitutes ‘‘best available technology economically Achievable.’’ See, e.g., Weyerhaeuser Co. v. Costle, 590 F.2d 1011, 1045 (DC Cir. 1978). In September 2015, EPA finalized a rule revising the regulations for the Steam Electric Power Generating point source category 80 FR 67838 (Nov. 3, 2015). This 2015 rule set limits on the levels of toxic metals in wastewater that can be discharged from power plants. Subsequent to the promulgation of the 2015 rule, the Agency received two E:\FR\FM\03AUP1.SGM 03AUP1

Agencies

[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Proposed Rules]
[Pages 41798-41801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16478]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0540]
RIN 1625-AA08


Special Local Regulations, Choptank River, Cambridge, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish special local 
regulations for certain waters of the Choptank River. This action is 
necessary to provide for the safety of life on navigable waters located 
at Cambridge, MD, during a high-speed power boat racing event on 
October 9, 2021, and October 10, 2021. This proposed rulemaking would 
prohibit persons and vessels from being in the regulated area unless 
authorized by the Captain of the Port Maryland-National Capital Region 
or Coast Guard Event Patrol Commander. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 2, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0540 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mr. Ron Houck, Waterways Management 
Division, U.S. Coast Guard; telephone 410-576-2674, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
Event PATCOM Event Patrol Commander
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Cambridge Power Boat Regatta Association of Cambridge, MD, 
notified the Coast Guard that it will be conducting the Cambridge 
Classic Power Boat Regatta from 10 a.m. to 5 p.m. on October 9, 2021, 
and from 10 a.m. to 5 p.m. on October 10, 2021. The high-speed power 
boat racing event consists of approximately 60 participating inboard 
and outboard hydroplane and runabout race boats of various classes, 16 
to 24 feet in length. The vessels will be competing on a designated, 
marked 1-mile oval course located in the Choptank River in a cove 
located between Hambrooks Bar and the shoreline at Cambridge, MD. 
Hazards from the power boat racing event include risks of injury or 
death resulting from near or actual contact among participant vessels 
and spectator vessels or waterway users if normal vessel traffic were 
to interfere with the event. Additionally, such hazards include 
participants operating near designated navigation channels, as well as 
operating near approaches to local public boat ramps, private marinas 
and yacht clubs, and waterfront businesses. The COTP Maryland-National 
Capital Region has determined that potential hazards associated with 
the power boat races would be a safety concern for anyone intending to 
operate within certain waters of the Choptank River at Cambridge, MD.
    The purpose of this rulemaking is to protect event participants, 
spectators, and transiting vessels on certain waters of Choptank River 
before, during, and after the scheduled event. The Coast Guard proposes 
this rulemaking under authority in 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region is proposing to establish 
special local regulations from 9 a.m. on October 9, 2021, until 6 p.m. 
on October 10, 2021. The special local regulations would be enforced 
from 9 a.m. to 6 p.m. on October 9th and those same hours on October 
10th. The regulated area would cover all navigable waters within 
Choptank River and Hambrooks Bay bounded by a line connecting the 
following coordinates: Commencing at the shoreline at Long Wharf Park, 
Cambridge, MD, at position latitude 38[deg]34'30'' N, longitude 
076[deg]04'16'' W; thence east to latitude 38[deg]34'20'' N, longitude 
076[deg]03'46'' W; thence northeast across the Choptank River along the 
Senator Frederick C. Malkus, Jr. (US-50) Memorial Bridge, at mile 15.5, 
to latitude 38[deg]35'30'' N, longitude 076[deg]02'52'' W; thence west 
along the shoreline to latitude 38[deg]35'38'' N, longitude 
076[deg]03'09'' W; thence north and west along the shoreline to 
latitude 38[deg]36'42'' N, longitude 076[deg]04'15'' W; thence 
southwest across the Choptank River to latitude 38[deg]35'31'' N, 
longitude 076[deg]04'57'' W; thence west along the Hambrooks Bay 
breakwall to latitude 38[deg]35'33'' N, longitude 076[deg]05'17'' W; 
thence south and east along the shoreline to and terminating at the 
point of origin in Dorchester County, MD.
    This proposed rule provides additional information about areas 
within the regulated area, and the restrictions that apply to mariners. 
These areas include a ``Race Area,'' ``Buffer Area'' and ``Spectator 
Area''.
    The proposed duration of the rule and size of the regulated area 
are intended to ensure the safety of life on these navigable waters 
before, during, and after the high-speed power boat races, scheduled 
from 10 a.m. until 5 p.m. on October 9, 2021 and October 10, 2021. The 
COTP and Coast Guard Event Patrol Commander (Event PATCOM) would have 
authority to forbid and control the movement of all vessels and 
persons, including event participants, in the regulated area. When 
hailed or signaled by an official patrol, a vessel or person in the 
regulated area would be required to immediately comply with the 
directions given by the COTP or Event PATCOM. If a person or vessel 
fails to follow such directions, the Coast Guard may expel them from 
the area, issue them a citation for failure to comply, or both.
    Except for Cambridge Classic Power Boat Regatta participants and 
vessels already at berth, a vessel or person would be required to get 
permission from the COTP or Event PATCOM before entering the regulated 
area while the rule is being enforced. Vessel operators could request 
permission to enter and transit through the regulated area by 
contacting the Event PATCOM on VHF-FM channel 16. Vessel traffic would 
be able to safely transit the regulated area once the Event PATCOM 
deems it safe to do so. A person or vessel not registered with the 
event

[[Page 41799]]

sponsor as a participant or assigned as official patrols would be 
considered a spectator. Official Patrols are any vessel assigned or 
approved by the Commander, Coast Guard Sector Maryland-National Capital 
Region with a commissioned, warrant, or petty officer on board and 
displaying a Coast Guard ensign.
    If permission is granted by the COTP or Event PATCOM, a person or 
vessel would be allowed to enter the regulated area or pass directly 
through the regulated area as instructed. Vessels would be required to 
operate at a safe speed that minimizes wake while within the regulated 
area. Official patrol vessels will direct spectator vessels while 
within the regulated area. Vessels would be prohibited from loitering 
within the navigable channel. Only participant vessels and official 
patrol vessels would be allowed to enter the race area.
    The regulatory text we are proposing appears at the end of this 
document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the location, size 
and duration of the regulated area, which impacts a portion of the 
Choptank River for a total of 18 hours. The regulated area extends 
across the entire width of the Choptank River between Cambridge, MD, 
and Trappe, MD. The majority of the vessel traffic through this area 
consists of passenger, recreational and fishing vessels transiting 
along the Choptank River or into Cambridge Creek. The Coast Guard would 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the status of the regulated area. Moreover, the rule would allow 
vessels to seek permission to enter the regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132 
(Federalism), if it has a substantial direct effect on the States, on 
the relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves 
implementation of regulations within 33 CFR part 100 for total 18 
enforcement hours. Normally such actions are categorically excluded 
from further review under paragraph L61of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to

[[Page 41800]]

coordinate protest activities so that your message can be received 
without jeopardizing the safety or security of people, places, or 
vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2021-0540 in the 
``SEARCH'' box and click ``SEARCH.'' Next, look for this document in 
the Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this document for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
in response to this document, see DHS's eRulemaking System of Records 
notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0540 to read as follows:


Sec.  100.501T05-0540   Cambridge Classic Power Boat Regatta, Choptank 
River, Cambridge, MD.

    (a) Locations. All coordinates reference Datum NAD 1983. (1) 
Regulated area. All navigable waters within Choptank River and 
Hambrooks Bay bounded by a line connecting the following coordinates: 
Commencing at the shoreline at Long Wharf Park, Cambridge, MD, at 
position latitude 38[deg]34'30'' N, longitude 076[deg]04'16'' W; thence 
east to latitude 38[deg]34'20'' N, longitude 076[deg]03'46'' W; thence 
northeast across the Choptank River along the Senator Frederick C. 
Malkus, Jr. (US-50) Memorial Bridge, at mile 15.5, to latitude 
38[deg]35'30'' N, longitude 076[deg]02'52'' W; thence west along the 
shoreline to latitude 38[deg]35'38'' N, longitude 076[deg]03'09'' W; 
thence north and west along the shoreline to latitude 38[deg]36'42'' N, 
longitude 076[deg]04'15'' W; thence southwest across the Choptank River 
to latitude 38[deg]35'31'' N, longitude 076[deg]04'57'' W; thence west 
along the Hambrooks Bay breakwall to latitude 38[deg]35'33'' N, 
longitude 076[deg]05'17'' W; thence south and east along the shoreline 
to and terminating at the point of origin. The following locations are 
within the regulated area:
    (2) Race area. Located within the waters of Hambrooks Bay and 
Choptank River, between Hambrooks Bar and Great Marsh Point, MD. The 
race area is within the buffer area.
    (3) Buffer area. All navigable waters within Hambrooks Bay and 
Choptank River (with the exception of the race area designated by the 
marine event sponsor) bound to the north by the breakwall and 
continuing along a line drawn from the east end of breakwall located at 
latitude 38[deg]35'27.6'' N, longitude 076[deg]04'50.1'' W; thence 
southeast to latitude 38[deg]35'17.7'' N, longitude 076[deg]04'29'' W; 
thence south to latitude 38[deg]35'01'' N, longitude 076[deg]04'29'' W; 
thence west to the shoreline at latitude 38[deg]35'01'' N, longitude 
076[deg]04'41.3'' W.
    (4) Spectator area. All navigable waters of the Choptank River, 
eastward and outside of Hambrooks Bay breakwall, thence bound by line 
that commences at latitude 38[deg]35'28'' N, longitude 076[deg]04'50'' 
W; thence northeast to latitude 38[deg]35'30'' N, longitude 
076[deg]04'47'' W; thence southeast to latitude 38[deg]35'23'' N, 
longitude 076[deg]04'29'' W; thence southwest to latitude 
38[deg]35'19'' N, longitude 076[deg]04'31'' W; thence northwest to and 
terminating at the point of origin.
    (b) Definitions. As used in this section--
    Buffer area is a neutral area that surrounds the perimeter of the 
Course Area within the regulated area described by this section. The 
purpose of a buffer area is to minimize potential collision conflicts 
with marine event participants or high-speed power boats and spectator 
vessels or nearby transiting vessels. This area provides separation 
between a Course Area and a specified Spectator Area or other vessels 
that are operating in the vicinity of the regulated area established by 
the special local regulations.
    Captain of the Port (COTP) Maryland-National Capital Region means 
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region 
or any Coast Guard commissioned, warrant or petty officer who has been 
authorized by the COTP to act on his behalf.
    Course area is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of a 
course area within the regulated area defined by this section.
    Event patrol commander or Event PATCOM means a commissioned, 
warrant, or petty officer of the U.S. Coast Guard who has been 
designated by the Commander, Coast Guard Sector Maryland-National 
Capital Region.
    Official patrol means any vessel assigned or approved by Commander, 
Coast Guard Sector Maryland-National Capital Region with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    Participant means all persons and vessels registered with the event 
sponsor as participating in the ``Cambridge Classic Power Boat 
Regatta'' powerboat races, or otherwise designated by the event sponsor 
as having a function tied to the event.
    Spectator means a person or vessel not registered with the event 
sponsor as participants or assigned as official patrols.
    Spectator area is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of a 
spectator area within the regulated area defined by this part.
    (c) Special Local Regulations. (1) The COTP Maryland-National 
Capital Region or Event PATCOM may forbid and control the movement of 
all vessels and persons, including event participants, in the regulated 
area.

[[Page 41801]]

When hailed or signaled by an official patrol, a vessel or person in 
the regulated area shall immediately comply with the directions given 
by the patrol. Failure to do so may result in the Coast Guard expelling 
the person or vessel from the area, issuing a citation for failure to 
comply, or both. The COTP Maryland-National Capital Region or Event 
PATCOM may terminate the event, or a participant's operations at any 
time the COTP Maryland-National Capital Region or Event PATCOM believes 
it necessary to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person 
or vessel within the regulated area at the start of enforcement of this 
section must immediately depart the regulated area.
    (3) A spectator must contact the Event PATCOM to request permission 
to either enter or pass through the regulated area. The Event PATCOM, 
and official patrol vessels enforcing this regulated area, can be 
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and 
channel 22A (157.1 MHz). If permission is granted, the spectator must 
enter the designated Spectator Area or pass directly through the 
regulated area as instructed by Event PATCOM. A vessel within the 
regulated area must operate at safe speed that minimizes wake. A 
spectator vessel must not loiter within the navigable channel while 
within the regulated area.
    (4) Only participant vessels and official patrol vessels are 
allowed to enter the buffer area or race area.
    (5) A person or vessel that desires to transit, moor, or anchor 
within the regulated area must obtain authorization from the COTP 
Maryland-National Capital Region or Event PATCOM. A person or vessel 
seeking such permission can contact the COTP Maryland-National Capital 
Region at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM 
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM 
channel 16 (156.8 MHz).
    (6) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue a marine information 
broadcast on VHF-FM marine band radio announcing specific event dates 
and times.
    (d) Enforcement officials. The Coast Guard may be assisted with 
marine event patrol and enforcement of the regulated area by other 
federal, state, and local agencies.
    (e) Enforcement period. This section will be enforced from 9 a.m. 
to 6 p.m. on October 9, 2021, and, from 9 a.m. to 6 p.m. on October 10, 
2021.

    Dated: July 28, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2021-16478 Filed 8-2-21; 8:45 am]
BILLING CODE 9110-04-P