82 FR 39357 - Special Local Regulation; Choptank River, Cambridge, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 159 (August 18, 2017)

Page Range		39357-39360
FR Document		2017-17513
The Coast Guard is establishing special local regulations for certain waters of the Choptank River. This action is necessary to provide for the safety of life on these navigable waters located in Cambridge, MD, during a high-speed power boat racing event scheduled from August 19, 2017 through August 20, 2017. This rulemaking prohibits persons and vessels from being in the regulated area unless authorized by the Captain of the Port Maryland-National Capital Region or Coast Guard Patrol Commander.
Federal Register, Volume 82 Issue 159 (Friday, August 18, 2017)
[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)]
[Rules and Regulations]
[Pages 39357-39360]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17513]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0571]
RIN 1625-AA08


Special Local Regulation; Choptank River, Cambridge, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing special local regulations for 
certain waters of the Choptank River. This action is necessary to 
provide for the safety of life on these navigable waters located in 
Cambridge, MD, during a high-speed power boat racing event scheduled 
from August 19, 2017 through August 20, 2017. This rulemaking prohibits 
persons and vessels from being in the regulated area unless authorized 
by the Captain of the Port Maryland-National Capital Region or Coast 
Guard Patrol Commander.

DATES: This rule is effective from 8:30 a.m. on August 19, 2017, until 
5:30 p.m. on August 20, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0571 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, Waterways Management Division, Sector 
Maryland-National Capital Region, U.S. Coast Guard; telephone 410-576-
2674, email Ronald.L.Houck@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On May 17, 2017, The Kent Narrows Racing Association of Chester, MD 
notified the Coast Guard that it will be conducting power boat races 
from 9 a.m. until 5 p.m. on August 19, 2017 and August 20, 2017. The 
high-speed power boat racing event consists of approximately 60 
participants competing on a designated 1-mile oval course in the 
Choptank River in a cove located between Hambrooks Bar and the 
shoreline at Cambridge, MD. In response, on July 10, 2017, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled ``Special 
Local Regulation; Choptank River, Cambridge, MD'' in the Federal 
Register (82 FR 31733). There we stated why we issued the NPRM, and 
invited comments on our proposed regulatory action related to this 
paddle race. During the comment period that ended August 9, 2017, we 
received no comments. No public meeting was requested, and none was 
held.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to respond to the potential safety hazards 
associated with a power boat racing event. Hazards from the power boat 
racing event include participants operating within and adjacent to 
designated navigation channels and interfering with vessels intending 
to operate within those channels, as well as operating within 
approaches to local public and private marinas and other facilities. 
Additionally, the public has been notified of the event by the event 
sponsor via local media.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233, which authorizes the Coast Guard to establish and define special 
local regulations. The COTP Maryland-National Capital Region has 
determined that potential hazards associated with the power boat racing 
would be a safety concern for anyone intending to operate within 
certain waters of the Choptank River in Cambridge, MD. The purpose of 
this rulemaking is to protect event participants, spectators and 
transiting vessels on certain waters of the Choptank River before, 
during, and after the scheduled event.

[[Page 39358]]

IV. Discussion of the Rule

    This rule establishes a special local regulation, which will be 
enforced from 8:30 a.m. until 5:30 p.m. on August 19, 2017, and from 
8:30 a.m. until 5:30 p.m. on August 20, 2017. The regulated area covers 
all navigable waters within Hambrooks Bay and Choptank River west and 
south of a line commencing at the shoreline, at latitude 38[deg]35'00'' 
N., longitude 076[deg]04'43'' W., thence east to latitude 
38[deg]35'00'' N., longitude 076[deg]04'23.7'' W., thence north to 
latitude 38[deg]35'22.7'' N., longitude 076[deg]04'23.7'' W., thence 
northwest to latitude 38[deg]35'42.2'' N., longitude 076[deg]04'51.1'' 
W., at Hambrooks Bar Light LLNR 24995, thence southwest to latitude 
38[deg]35'34.2'' N., longitude 076[deg]05'12.3'' W., terminating at the 
Hambrooks Bay breakwall as it intersects the shoreline. This rule 
provides additional information about areas within the regulated area, 
their definitions, and the restrictions that apply to mariners. These 
areas include ``Race Area,'' ``Buffer Zone'' and ``Spectator Area''.
    The duration of the regulated area is intended to ensure the safety 
of vessels and these navigable waters before, during, and after the 
power boat racing event, scheduled to occur during August 19-20, 2017. 
Except for participants, no vessel or person will be permitted to enter 
the regulated area without obtaining permission from the COTP Maryland-
National Capital Region or Coast Guard Patrol Commander. The regulatory 
text appears at the end of this document.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size and 
enforcement duration of the regulated area, which will impact a small 
designated area of the Choptank River for 18 hours. The Coast Guard 
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the status of the regulated area. Moreover, the rule allows 
vessels to seek permission to enter the regulated area, and vessel 
traffic will be able to safely transit the regulated area once the 
Coast Guard Patrol Commander deems it safe to do so.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human

[[Page 39359]]

environment. This rule involves implementation of regulations within 33 
CFR part 100 applicable to organized marine events on the navigable 
waters of the United States that could negatively impact the safety of 
waterway users and shore side activities in the event area lasting for 
a total of 18 hours (enforcement period). It is categorically excluded 
from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction. A Record of Environmental Consideration (REC) 
is available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.


0
2. Add Sec.  100.35-T05-0571 to read as follows:


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

    (a) Definitions--(1) Captain of the Port Maryland-National Capital 
Region means the Commander, U.S. Coast Guard Sector Maryland-National 
Capital Region or a Coast Guard commissioned, warrant or petty officer 
who has been authorized by the Captain of the Port to act on his 
behalf.
    (2) Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the U.S. Coast Guard who has been designated by the 
Commander, Coast Guard Sector Maryland-National Capital Region.
    (3) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Maryland-National Capital Region with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (4) Spectator means any person or vessel not registered with the 
event sponsor as a participant or an official patrol vessel.
    (5) Participant means any person or vessel participating in the 
Thunder on the Choptank event under the auspices of the Marine Event 
Permit issued to the event sponsor and approved by Commander, Coast 
Guard Sector Maryland-National Capital Region.
    (b) Regulated area. All coordinates reference Datum NAD 1983.
    (1) Coordinates: The following location is a regulated area: All 
navigable waters within Hambrooks Bay and Choptank River west and south 
of a line commencing at the shoreline, at latitude 38[deg]35'00'' N., 
longitude 076[deg]04'43'' W., thence east to latitude 38[deg]35'00'' 
N., longitude 076[deg]04'23.7'' W., thence north to latitude 
38[deg]35'22.7'' N., longitude 076[deg]04'23.7'' W., thence northwest 
to latitude 38[deg]35'42.2'' N., longitude 076[deg]04'51.1'' W., at 
Hambrooks Bar Light LLNR 24995, thence southwest to latitude 
38[deg]35'34.2'' N., longitude 076[deg]05'12.3'' W., terminating at the 
Hambrooks Bay breakwall as it intersects the shoreline.
    (2) Race area: Located within the waters of Hambrooks Bay and 
Choptank River, in an area bound to the north by the Hambrooks Bay 
breakwall and bounded to the east by a line drawn along longitude 
076[deg]04'37'' W.
    (3) Buffer zone: All waters within Hambrooks Bay and Choptank River 
(with the exception of the Race Area designated by the marine event 
sponsor) bound to the north by the breakwall and continuing along a 
line drawn from the east end of breakwall located at latitude 
38[deg]35'27.6'' N., longitude 076[deg]04'50.1'' W., thence southeast 
to latitude 38[deg]35'17.7'' N., longitude 076[deg]04'29'' W., thence 
south to latitude 38[deg]35'01'' N., longitude 076[deg]04'29'' W., 
thence west to the shoreline at latitude 38[deg]35'01'' N., longitude 
076[deg]04'41.3'' W.
    (4) Spectator area: All waters of the Choptank River, eastward and 
outside of Hambrooks Bay breakwall, thence bound by line that commences 
at latitude 38[deg]35'27.6'' N., longitude 076[deg]04'50.1'' W., thence 
southeast to latitude 38[deg]35'21.3'' N., longitude 076[deg]04'37.2'' 
W., thence southeast to latitude 38[deg]35'21.3'' N., longitude 
076[deg]04'37.2'' W., thence northeast to latitude 38[deg]35'27.8'' N., 
longitude 076[deg]04'30.5'' W., thence northwest to latitude 
38[deg]35'42.2'' N., longitude 076[deg]04'51.1'' W., at Hambrooks Bar 
Light LLNR 24995, thence south to and terminating at the point of 
origin.
    (c) Special local regulations. (1) The Captain of the Port 
Maryland-National Capital Region or the Coast Guard Patrol Commander 
may forbid and control the movement of all vessels and persons, 
including event participants, in the regulated area. When hailed or 
signaled by an official patrol, a vessel or person in the regulated 
area shall immediately comply with the directions given. Failure to do 
so may result in expulsion from the area, citation for failure to 
comply, or both.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (iii) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the race course.
    (3) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any participant, at any time it is deemed necessary 
for the protection of life or property.
    (4) The Race Area is an area described by a line bounded by 
coordinates provided in latitude and longitude that outlines the 
boundary of a Race Area within the regulated area defined in paragraph 
(b)(2) of this section. The actual placement of the Race Area will be 
determined by the marine event sponsor within the designated 
boundaries. Only participants and official patrol vessels are allowed 
to enter the Race Area.
    (5) The Buffer Zone is an area that surrounds the perimeter of the 
Race Area within the regulated area defined in paragraph (b)(3) of this 
section. The purpose of a Buffer Zone is to minimize potential 
collision conflicts with participants and spectators or nearby 
transiting vessels. This area provides separation between the Race Area 
and Spectator Area or other vessels that are operating in the vicinity 
of the regulated area defined in paragraph (b)(1) of this section. Only 
participants and official patrol vessels are allowed to enter the 
Buffer Zone.
    (6) The Spectator Area is an area described by a line bounded by 
coordinates provided in latitude and longitude that outlines the 
boundary of a spectator area within the regulated area defined in 
paragraph (b)(4) of this section. Spectators are only allowed inside 
the regulated area if they remain within the Spectator Area. All 
spectator vessels shall be anchored or operate at a no-wake speed while 
transiting within

[[Page 39360]]

the Spectator Area. Spectators may contact the Coast Guard Patrol 
Commander to request permission to either enter the Spectator Area or 
pass through the regulated area. If permission is granted, spectators 
must enter the Spectator Area or pass directly through the regulated 
area as instructed at safe speed and without loitering.
    (7) The Coast Guard Patrol Commander and official patrol vessels 
enforcing this regulated area can be contacted on marine band radio 
VHF-FM channel 16 (156.8 MHz) and channel 22A (157.1 MHz). Persons and 
vessels desiring to transit, moor, or anchor within the regulated area 
must obtain authorization from Captain of the Port Maryland-National 
Capital Region or Coast Guard Patrol Commander. The Captain of the Port 
Maryland-National Capital Region can be contacted at telephone number 
410-576-2693 or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). 
The Coast Guard Patrol Commander can be contacted on Marine Band Radio, 
VHF-FM channel 16 (156.8 MHz).
    (8) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue a marine information 
broadcast on VHF-FM marine band radio.
    (d) Enforcement. The Coast Guard may be assisted with marine event 
patrol and enforcement of the regulated area by other federal, state, 
and local agencies.
    (e) Enforcement periods. This section will be enforced from 8:30 
a.m. until 5:30 p.m. on August 19, 2017, and from 8:30 a.m. until 5:30 
p.m. on August 20, 2017.

    Dated: August 15, 2017.
Michael W. Batchelder,
Commander, U.S. Coast Guard, Acting Captain of the Port Maryland-
National Capital Region.
[FR Doc. 2017-17513 Filed 8-17-17; 8:45 am]
BILLING CODE 9110-04-P
39358 Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Rules and Regulations

IV. Discussion of the Rule from the requirements of Executive about this rule or any policy or action
Order 13771. of the Coast Guard.
This rule establishes a special local This regulatory action determination
regulation, which will be enforced from is based on the size and enforcement C. Collection of Information
8:30 a.m. until 5:30 p.m. on August 19, duration of the regulated area, which This rule will not call for a new
2017, and from 8:30 a.m. until 5:30 p.m. will impact a small designated area of collection of information under the
on August 20, 2017. The regulated area the Choptank River for 18 hours. The Paperwork Reduction Act of 1995 (44
covers all navigable waters within Coast Guard will issue a Broadcast U.S.C. 3501–3520).
Hambrooks Bay and Choptank River Notice to Mariners via VHF–FM marine
west and south of a line commencing at D. Federalism and Indian Tribal
channel 16 about the status of the
the shoreline, at latitude 38°35′00″ N., Governments
regulated area. Moreover, the rule
longitude 076°04′43″ W., thence east to allows vessels to seek permission to A rule has implications for federalism
latitude 38°35′00″ N., longitude enter the regulated area, and vessel under Executive Order 13132,
076°04′23.7″ W., thence north to traffic will be able to safely transit the Federalism, if it has a substantial direct
latitude 38°35′22.7″ N., longitude regulated area once the Coast Guard effect on the States, on the relationship
076°04′23.7″ W., thence northwest to Patrol Commander deems it safe to do between the national government and
latitude 38°35′42.2″ N., longitude so. the States, or on the distribution of
076°04′51.1″ W., at Hambrooks Bar power and responsibilities among the
Light LLNR 24995, thence southwest to B. Impact on Small Entities various levels of government. We have
latitude 38°35′34.2″ N., longitude The Regulatory Flexibility Act of analyzed this rule under that Order and
076°05′12.3″ W., terminating at the 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent
Hambrooks Bay breakwall as it requires Federal agencies to consider with the fundamental federalism
intersects the shoreline. This rule the potential impact of regulations on principles and preemption requirements
provides additional information about small entities during rulemaking. The described in Executive Order 13132.
areas within the regulated area, their term ‘‘small entities’’ comprises small Also, this rule does not have tribal
definitions, and the restrictions that businesses, not-for-profit organizations implications under Executive Order
apply to mariners. These areas include that are independently owned and 13175, Consultation and Coordination
‘‘Race Area,’’ ‘‘Buffer Zone’’ and operated and are not dominant in their with Indian Tribal Governments,
‘‘Spectator Area’’. fields, and governmental jurisdictions because it does not have a substantial
The duration of the regulated area is with populations of less than 50,000. direct effect on one or more Indian
intended to ensure the safety of vessels The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the
605(b) that this rule will not have a Federal Government and Indian tribes,
and these navigable waters before,
significant economic impact on a or on the distribution of power and
during, and after the power boat racing
substantial number of small entities. responsibilities between the Federal
event, scheduled to occur during August
While some owners or operators of Government and Indian tribes. If you
19–20, 2017. Except for participants, no
vessels intending to transit the regulated believe this rule has implications for
vessel or person will be permitted to
area may be small entities, for the federalism or Indian tribes, please
enter the regulated area without
reasons stated in section V.A above, this contact the person listed in the FOR
obtaining permission from the COTP
rule will not have a significant FURTHER INFORMATION CONTACT section
Maryland-National Capital Region or
economic impact on any vessel owner above.
Coast Guard Patrol Commander. The
or operator.
regulatory text appears at the end of this Under section 213(a) of the Small E. Unfunded Mandates Reform Act
document. Business Regulatory Enforcement The Unfunded Mandates Reform Act
V. Regulatory Analyses Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
we want to assist small entities in Federal agencies to assess the effects of
We developed this rule after understanding this rule. If the rule their discretionary regulatory actions. In
considering numerous statutes and would affect your small business, particular, the Act addresses actions
Executive orders related to rulemaking. organization, or governmental that may result in the expenditure by a
Below we summarize our analyses jurisdiction and you have questions State, local, or tribal government, in the
based on a number of these statutes and concerning its provisions or options for aggregate, or by the private sector of
Executive orders, and we discuss First compliance, please contact the person $100,000,000 (adjusted for inflation) or
Amendment rights of protestors. listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
A. Regulatory Planning and Review CONTACT section. will not result in such an expenditure,
Small businesses may send comments we do discuss the effects of this rule
Executive Orders 12866 and 13563 on the actions of Federal employees elsewhere in this preamble.
direct agencies to assess the costs and who enforce, or otherwise determine
benefits of available regulatory compliance with, Federal regulations to F. Environment
alternatives and, if regulation is the Small Business and Agriculture We have analyzed this rule under
necessary, to select regulatory Regulatory Enforcement Ombudsman Department of Homeland Security
approaches that maximize net benefits. and the Regional Small Business Management Directive 023–01 and
Executive Order 13771 directs agencies Regulatory Fairness Boards. The Commandant Instruction M16475.lD,
to control regulatory costs through a Ombudsman evaluates these actions which guide the Coast Guard in
mstockstill on DSK30JT082PROD with RULES

budgeting process. This rule has not annually and rates each agency’s complying with the National
been designated a ‘‘significant responsiveness to small business. If you Environmental Policy Act of 1969 (42
regulatory action,’’ under Executive wish to comment on actions by U.S.C. 4321–4370f), and have
Order 12866. Accordingly, this rule has employees of the Coast Guard, call 1– determined that this action is one of a
not been reviewed by the Office of 888–REG–FAIR (1–888–734–3247). The category of actions that do not
Management and Budget (OMB), and Coast Guard will not retaliate against individually or cumulatively have a
pursuant to OMB guidance it is exempt small entities that question or complain significant effect on the human

VerDate Sep<11>2014 15:59 Aug 17, 2017 Jkt 241001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\18AUR1.SGM 18AUR1
Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Rules and Regulations 39359

environment. This rule involves warrant, or petty officer on board and (c) Special local regulations. (1) The
implementation of regulations within 33 displaying a Coast Guard ensign. Captain of the Port Maryland-National
CFR part 100 applicable to organized (4) Spectator means any person or Capital Region or the Coast Guard Patrol
marine events on the navigable waters vessel not registered with the event Commander may forbid and control the
of the United States that could sponsor as a participant or an official movement of all vessels and persons,
negatively impact the safety of patrol vessel. including event participants, in the
waterway users and shore side activities (5) Participant means any person or regulated area. When hailed or signaled
in the event area lasting for a total of 18 vessel participating in the Thunder on by an official patrol, a vessel or person
hours (enforcement period). It is the Choptank event under the auspices in the regulated area shall immediately
categorically excluded from further of the Marine Event Permit issued to the comply with the directions given.
review under paragraph 34(h) of Figure event sponsor and approved by Failure to do so may result in expulsion
2–1 of the Commandant Instruction. A Commander, Coast Guard Sector from the area, citation for failure to
Record of Environmental Consideration Maryland-National Capital Region. comply, or both.
(REC) is available in the docket where (b) Regulated area. All coordinates (2) The operator of any vessel in the
indicated under ADDRESSES. We seek reference Datum NAD 1983. regulated area shall:
any comments or information that may (1) Coordinates: The following (i) Stop the vessel immediately when
lead to the discovery of a significant location is a regulated area: All directed to do so by any Official Patrol
environmental impact from this rule. navigable waters within Hambrooks Bay and then proceed only as directed.
(ii) All persons and vessels shall
G. Protest Activities and Choptank River west and south of
comply with the instructions of the
a line commencing at the shoreline, at
The Coast Guard respects the First Official Patrol.
latitude 38°35′00″ N., longitude (iii) When authorized to transit the
Amendment rights of protesters. 076°04′43″ W., thence east to latitude
Protesters are asked to contact the regulated area, all vessels shall proceed
38°35′00″ N., longitude 076°04′23.7″ W., at the minimum speed necessary to
person listed in the FOR FURTHER thence north to latitude 38°35′22.7″ N.,
INFORMATION CONTACT section to
maintain a safe course that minimizes
longitude 076°04′23.7″ W., thence wake near the race course.
coordinate protest activities so that your northwest to latitude 38°35′42.2″ N., (3) The Coast Guard Patrol
message can be received without longitude 076°04′51.1″ W., at Commander may terminate the event, or
jeopardizing the safety or security of Hambrooks Bar Light LLNR 24995, the operation of any participant, at any
people, places or vessels. thence southwest to latitude 38°35′34.2″ time it is deemed necessary for the
List of Subjects in 33 CFR Part 100 N., longitude 076°05′12.3″ W., protection of life or property.
terminating at the Hambrooks Bay (4) The Race Area is an area described
Marine safety, Navigation (water), breakwall as it intersects the shoreline. by a line bounded by coordinates
Reporting and recordkeeping (2) Race area: Located within the provided in latitude and longitude that
requirements, Waterways. waters of Hambrooks Bay and Choptank outlines the boundary of a Race Area
For the reasons discussed in the River, in an area bound to the north by within the regulated area defined in
preamble, the Coast Guard amends 33 the Hambrooks Bay breakwall and paragraph (b)(2) of this section. The
CFR part 100 as follows: bounded to the east by a line drawn actual placement of the Race Area will
along longitude 076°04′37″ W. be determined by the marine event
PART 100—SAFETY OF LIFE ON (3) Buffer zone: All waters within sponsor within the designated
NAVIGABLE WATERS Hambrooks Bay and Choptank River boundaries. Only participants and
(with the exception of the Race Area official patrol vessels are allowed to
■ 1. The authority citation for part 100 designated by the marine event sponsor)
continues to read as follows: enter the Race Area.
bound to the north by the breakwall and (5) The Buffer Zone is an area that
Authority: 33 U.S.C. 1233. continuing along a line drawn from the surrounds the perimeter of the Race
■ 2. Add § 100.35–T05–0571 to read as east end of breakwall located at latitude Area within the regulated area defined
follows: 38°35′27.6″ N., longitude 076°04′50.1″ in paragraph (b)(3) of this section. The
W., thence southeast to latitude purpose of a Buffer Zone is to minimize
§ 100.35–T05–0571 Special Local 38°35′17.7″ N., longitude 076°04′29″ W., potential collision conflicts with
Regulation; Choptank River, Cambridge, thence south to latitude 38°35′01″ N., participants and spectators or nearby
MD. longitude 076°04′29″ W., thence west to transiting vessels. This area provides
(a) Definitions—(1) Captain of the the shoreline at latitude 38°35′01″ N., separation between the Race Area and
Port Maryland-National Capital Region longitude 076°04′41.3″ W. Spectator Area or other vessels that are
means the Commander, U.S. Coast (4) Spectator area: All waters of the operating in the vicinity of the regulated
Guard Sector Maryland-National Capital Choptank River, eastward and outside of area defined in paragraph (b)(1) of this
Region or a Coast Guard commissioned, Hambrooks Bay breakwall, thence section. Only participants and official
warrant or petty officer who has been bound by line that commences at patrol vessels are allowed to enter the
authorized by the Captain of the Port to latitude 38°35′27.6″ N., longitude Buffer Zone.
act on his behalf. 076°04′50.1″ W., thence southeast to (6) The Spectator Area is an area
(2) Coast Guard Patrol Commander latitude 38°35′21.3″ N., longitude described by a line bounded by
means a commissioned, warrant, or 076°04′37.2″ W., thence southeast to coordinates provided in latitude and
petty officer of the U.S. Coast Guard latitude 38°35′21.3″ N., longitude longitude that outlines the boundary of
mstockstill on DSK30JT082PROD with RULES

who has been designated by the 076°04′37.2″ W., thence northeast to a spectator area within the regulated
Commander, Coast Guard Sector latitude 38°35′27.8″ N., longitude area defined in paragraph (b)(4) of this
Maryland-National Capital Region. 076°04′30.5″ W., thence northwest to section. Spectators are only allowed
(3) Official Patrol means any vessel latitude 38°35′42.2″ N., longitude inside the regulated area if they remain
assigned or approved by Commander, 076°04′51.1″ W., at Hambrooks Bar within the Spectator Area. All spectator
Coast Guard Sector Maryland-National Light LLNR 24995, thence south to and vessels shall be anchored or operate at
Capital Region with a commissioned, terminating at the point of origin. a no-wake speed while transiting within

VerDate Sep<11>2014 15:59 Aug 17, 2017 Jkt 241001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\18AUR1.SGM 18AUR1
Document Created: 2017-08-18 07:40:53
Document Modified: 2017-08-18 07:40:53
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 8:30 a.m. on August 19, 2017, until 5:30 p.m. on August 20, 2017.
Contact		If you have questions on this rule, call or email Mr. Ronald Houck, Waterways Management Division, Sector Maryland-National Capital Region, U.S. Coast Guard; telephone 410-576- 2674, email [email protected]
FR Citation		82 FR 39357
RIN Number		1625-AA08
CFR Associated		Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways
82 FR 39357 - Special Local Regulation; Choptank River, Cambridge, MD

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 159 (August 18, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
