83 FR 23395 - Special Local Regulation; Choptank River, Cambridge, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 98 (May 21, 2018)

Page Range		23395-23398
FR Document		2018-10795
The Coast Guard proposes to establish special local regulations for certain waters of the Choptank River. This action is necessary to provide for the safety of life on the navigable waters located in Cambridge, MD, during a power boat racing event on July 28, 2018, and July 29, 2018. This proposed rule would prohibit persons and vessels from entering the regulated area unless authorized by the Captain of the Port Maryland-National Capital Region or the Coast Guard Patrol Commander. We invite your comments on this proposed rulemaking.
Federal Register, Volume 83 Issue 98 (Monday, May 21, 2018)
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Proposed Rules]
[Pages 23395-23398]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10795]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0178]
RIN 1625-AA08


Special Local Regulation; Choptank River, Cambridge, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local 
regulations for certain waters of the Choptank River. This action is 
necessary to provide for the safety of life on the navigable waters 
located in Cambridge, MD, during a power boat racing event on July 28, 
2018, and July 29, 2018. This proposed rule would prohibit persons and 
vessels from entering the regulated area unless authorized by the 
Captain of the Port Maryland-National Capital Region or the Coast Guard 
Patrol Commander. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 20, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0178 using the Federal eRulemaking Portal at 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 rulemaking, call or email Mr. Ronald Houck, U.S. Coast Guard 
Sector Maryland-National Capital Region; telephone 410-576-2674, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On February 18, 2018, Kent Narrows Racing Association of Chester, 
MD, notified the Coast Guard that it will be conducting power boat 
races from 9 a.m. until 6 p.m. on July 28, 2018, and July 29, 2018. The 
high-speed power boat racing event consists of approximately 60 
participants competing on a designated one-mile oval course in the 
Choptank River in a cove located between Hambrooks Bar and the 
shoreline at Cambridge, MD. Hazards from the power boat races include 
risks of injury or death resulting from near or actual contact among 
participant vessels and spectator vessels or waterway users if normal 
vessel traffic were to interfere with the event. Details of the 
proposed event were provided to the Coast Guard at a meeting on April 
10, 2018. There it was learned that during past power boat racing 
events in the area, large wakes created from transient vessels 
operating on the Choptank River west of the Senator Frederick C. 
Malkus, Jr. (US-50) Memorial Bridge have caused great concern for event 
planners. Such wakes are hazardous to participants as their presence in 
the race area would result in injury or death due to vessel capsizing 
or collisions among participant vessels during the high-speed races. 
Allowing the proposed power boat racing event to proceed without 
including these navigable waters within the regulated area would 
adversely affect event participants. The Captain of the Port (COTP) 
Maryland-National Capital Region has determined that potential hazards 
associated with the power boat races would be a safety concern for 
anyone intending to participate in this event or for vessels that 
operate within specified waters of the Choptank River at Cambridge, MD.
    The purpose of this rulemaking is to protect marine event 
participants,

[[Page 23396]]

spectators and transiting vessels on specified waters of the Choptank 
River before, during, and after the scheduled event. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1233, which 
authorizes the Coast Guard to establish and define special local 
regulations.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish 
special local regulations to be enforced from 8:30 a.m. until 6:30 p.m. 
on July 28, 2018 and July 29, 2018. This special local regulation would 
include navigable waters of the Choptank River located between the 
Senator Frederick C. Malkus, Jr. (US-50) Memorial Bridge, at mile 15.5, 
and Hambrooks Bar Light. The area of the regulated area is 
approximately 3,000 yards in length and 3,000 yards in width.
    The regulated area would include all navigable waters within 
Choptank River and Hambrooks Bay bounded by a line connecting the 
following coordinates: Commencing at the shoreline at Long Wharf Park, 
Cambridge, MD, at position latitude 38[deg]34'30'' N, longitude 
076[deg]04'16'' W; thence east to latitude 38[deg]34'20'' N, longitude 
076[deg]03'46'' W; thence north across the Choptank River along the 
Senator Frederick C. Malkus, Jr. (US-50) Memorial Bridge, at mile 15.5, 
to latitude 38[deg]35'30'' N, longitude 076[deg]02'52'' W; thence west 
along the shoreline to latitude 38[deg]35'38'' N, longitude 
076[deg]03'09'' W; thence north and west along the shoreline to 
latitude 38[deg]36'42'' N, longitude 076[deg]04'15'' W; thence 
southwest across the Choptank River to latitude 38[deg]35'31'' N, 
longitude 076[deg]04'57'' W, terminating at the Hambrooks Bay 
breakwall. This rule provides additional information about designated 
areas within the regulated area, including a ``Race Area,'' ``Spectator 
Area'' and ``Buffer Zone,'' and the restrictions that apply to 
mariners. The duration of the regulated area is intended to ensure the 
safety of event participants and vessels within the specified navigable 
waters before, during, and after the power boat races, scheduled to 
occur 9 a.m. through 6 p.m. each day. Persons and vessels desiring to 
transit, moor, or anchor within the regulated area must obtain 
authorization from COTP Maryland-National Capital Region or Coast Guard 
Patrol Commander. When authorized to transit the regulated area, all 
vessels would proceed at the minimum speed necessary to maintain a safe 
course that minimizes wake near the race course. The regulatory text we 
are proposing appears at the end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, location 
and duration of the regulated area. Vessel traffic would be able to 
safely transit through the regulated area, which would impact a small 
designated area of the Choptank River for 20 hours. The Coast Guard 
would issue a Broadcast Notice to Mariners via marine band radio VHF-FM 
channel 16 about the status of the regulated area. Moreover, the rule 
would, when deemed safe to do so by the Coast Guard Patrol Commander, 
allow vessel operators to request permission to enter, remain within, 
or transit through the regulated area for the purpose of either safely 
entering the ``Spectator Area'' or transiting the regulated area at the 
minimum speed necessary to maintain a safe course that minimizes wake 
near the race course.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

[[Page 23397]]

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a special 
local regulation lasting for 20 hours. This category of marine event 
water activities includes but is not limited to sail boat regattas, 
boat parades, power boat racing, swimming events, crew racing, canoe 
and sail board racing. Normally such actions are categorically excluded 
from further review under paragraph L61 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Memorandum for 
Record is available in the docket where indicated under ADDRESSES. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at 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 the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at 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 proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  100.35-T05-0178 to read as follows:


Sec.  100.35-T05-0178   Special Local Regulation; Choptank River, 
Cambridge, MD.

    (a) Definitions. (1) Captain of the Port Maryland-National Capital 
Region means the Commander, U.S. Coast Guard Sector Maryland-National 
Capital Region or a Coast Guard commissioned, warrant or petty officer 
who has been authorized by the Captain of the Port to act on his 
behalf.
    (2) Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the U.S. Coast Guard who has been designated by the 
Commander, Coast Guard Sector Maryland-National Capital Region.
    (3) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Maryland-National Capital Region with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (4) Spectator means any person or vessel not registered with the 
event sponsor as a participant or an official patrol vessel.
    (5) Participant means any person or vessel participating in the 
Thunder on the Choptank event under the auspices of the Marine Event 
Permit issued to the event sponsor and approved by Commander, Coast 
Guard Sector Maryland-National Capital Region.
    (b) Regulated area. All coordinates reference Datum NAD 1983.
    (1) Coordinates. The following location is a regulated area: All 
navigable waters within the Choptank River and Hambrooks Bay bounded by 
a line connecting the following coordinates: Commencing at the 
shoreline at Long Wharf Park, Cambridge, MD, at position latitude 
38[deg]34'30'' N, longitude 076[deg]04'16'' W; thence east to latitude 
38[deg]34'20'' N, longitude 076[deg]03'46'' W; thence north across the 
Choptank River along the Senator Frederick C. Malkus, Jr. (US-50) 
Memorial Bridge, at mile 15.5, to latitude 38[deg]35'30'' N, longitude 
076[deg]02'52'' W; thence west along the shoreline to latitude 
38[deg]35'38'' N, longitude 076[deg]03'09'' W; thence north and west 
along the shoreline to latitude 38[deg]36'42'' N, longitude 
076[deg]04'15'' W; thence southwest across the Choptank River to 
latitude 38[deg]35'31'' N, longitude 076[deg]04'57'' W, terminating at 
the Hambrooks Bay breakwall.
    (2) Race area. Located within the waters of Hambrooks Bay and 
Choptank River, between Hambrooks Bar and Great Marsh Point, MD.
    (3) Buffer zone. All waters within Hambrooks Bay and Choptank River 
(with the exception of the Race Area designated by the marine event 
sponsor) bound to the north by the breakwall and continuing along a 
line drawn from the east end of breakwall located at latitude 
38[deg]35'27.6'' N, longitude 076[deg]04'50.1'' W, thence southeast to 
latitude 38[deg]35'17.7'' N, longitude 076[deg]04'29'' W, thence south 
to latitude 38[deg]35'01'' N, longitude 076[deg]04'29'' W, thence west 
to the shoreline at latitude 38[deg]35'01'' N, longitude 
076[deg]04'41.3'' W.
    (4) Spectator area. All waters of the Choptank River, eastward and 
outside of Hambrooks Bay breakwall, bounded by line that commences at 
latitude 38[deg]35'27.6'' N, longitude 076[deg]04'50.1'' W, thence 
northeast to latitude

[[Page 23398]]

38[deg]35'30'' N, longitude 076[deg]04'47'' W, thence southeast to 
latitude 38[deg]35'23'' N, longitude 076[deg]04'29'' W, thence 
southwest to latitude 38[deg]35'19'' N, longitude 076[deg]04'31'' W, 
thence northwest to to and terminating at the point of origin.
    (c) Special local regulations. (1) The Captain of the Port 
Maryland-National Capital Region or the Coast Guard Patrol Commander 
may forbid and control the movement of all vessels and persons, 
including event participants, in the regulated area. When hailed or 
signaled by an official patrol, a vessel or person in the regulated 
area shall immediately comply with the directions given. Failure to do 
so may result in expulsion from the area, citation for failure to 
comply, or both.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (iii) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the race course.
    (3) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any participant, at any time it is deemed necessary 
for the protection of life or property.
    (4) The Race Area is an area within the regulated area defined in 
paragraph (b)(2) of this section. The actual placement of the race 
course will be determined by the marine event sponsor but must be 
located within the designated boundaries of the Race Area. Only 
participants and official patrol vessels are allowed to enter the Race 
Area.
    (5) The Buffer Zone is an area that surrounds the perimeter of the 
Race Area within the regulated area defined in paragraph (b)(3) of this 
section. The purpose of a Buffer Zone is to minimize potential 
collision conflicts with participants and spectators or nearby 
transiting vessels. This area provides separation between the Race Area 
and Spectator Area or other vessels that are operating in the vicinity 
of the regulated area defined in paragraph (b)(1) of this section. Only 
participants and official patrol vessels are allowed to enter the 
Buffer Zone.
    (6) The Spectator Area is an area described by a line bounded by 
coordinates provided in latitude and longitude that outlines the 
boundary of a spectator area within the regulated area defined in 
paragraph (b)(4) of this section. All vessels within the Spectator Area 
shall be anchored or operate at a no-wake speed while transiting within 
the Spectator Area.
    (7) The Coast Guard Patrol Commander and official patrol vessels 
enforcing this regulated area can be contacted on marine band radio 
VHF-FM channel 16 (156.8 MHz) and channel 22A (157.1 MHz). Persons and 
vessels desiring to transit, moor, or anchor within the regulated area 
must obtain authorization from Captain of the Port Maryland-National 
Capital Region or Coast Guard Patrol Commander. The Captain of the Port 
Maryland-National Capital Region can be contacted at telephone number 
410-576-2693 or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). 
The Coast Guard Patrol Commander can be contacted on Marine Band Radio, 
VHF-FM channel 16 (156.8 MHz).
    (8) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue a marine information 
broadcast on VHF-FM marine band radio.
    (d) Enforcement. The Coast Guard may be assisted with marine event 
patrol and enforcement of the regulated area by other Federal, State, 
and local agencies.
    (e) Enforcement periods. This section will be enforced from 8:30 
a.m. until 6:30 p.m. on July 28, 2018, and from 8:30 a.m. until 6:30 
p.m. on July 29, 2018.

    Dated: May 2, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-10795 Filed 5-18-18; 8:45 am]
 BILLING CODE 9110-04-P
Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules 23395

thence southwest to latitude 38°19′28″ National Capital Region or Coast Guard further instructions on submitting
N, longitude 075°04′17″ W; thence west Patrol Commander. The Coast Guard comments.
to the shoreline at latitude 38°19′35″ N, Patrol Commander can be contacted on FOR FURTHER INFORMATION CONTACT: If
longitude 075°05′02″ W, at Ocean City, Marine Band Radio, VHF–FM channel you have questions about this proposed
MD. 16 (156.8 MHz) to seek permission to rulemaking, call or email Mr. Ronald
(4) Spectator Area. The designated transit, moor, or anchor within the Houck, U.S. Coast Guard Sector
spectator area is a polygon in shape regulated area while this section is Maryland-National Capital Region;
measuring approximately 3,500 yards in being enforced. telephone 410–576–2674, email
length by 350 yards in width. The area (6) The Coast Guard will publish a Ronald.L.Houck@uscg.mil.
is bounded by a line commencing at notice in the Fifth Coast Guard District SUPPLEMENTARY INFORMATION:
position latitude 38°19′40″ N, longitude Local Notice to Mariners and issue a
075°04′12″ W, thence east to latitude marine information broadcast on VHF– I. Table of Abbreviations
38°19′37″ N, longitude 075°03′59″ W, FM marine band radio announcing CFR Code of Federal Regulations
thence northeast to latitude 38°21′17″ N, specific event date and times. DHS Department of Homeland Security
longitude 075°03′17″ W, thence west to (d) Enforcement periods. This section FR Federal Register
latitude 38°21′20″ N, longitude will be enforced from 9:30 a.m. to 5:30 NPRM Notice of proposed rulemaking
075°03′31″ W, thence southwest to point p.m. on June 23, 2018 and from 9:30 Pub. L. Public Law
of origin. a.m. to 5:30 p.m. on June 24, 2018. § Section
(c) Special local regulations: (1) The U.S.C. United States Code
COTP or Coast Guard Patrol Dated: May 15, 2018.
Joseph B. Loring,
II. Background, Purpose, and Legal
Commander may forbid and control the Basis
movement of all vessels and persons, Captain, U.S. Coast Guard, Captain of the
including event participants, in the Port Maryland-National Capital Region. On February 18, 2018, Kent Narrows
regulated area. When hailed or signaled [FR Doc. 2018–10730 Filed 5–18–18; 8:45 am] Racing Association of Chester, MD,
by an official patrol, a vessel or person BILLING CODE 9110–04–P
notified the Coast Guard that it will be
in the regulated area shall immediately conducting power boat races from 9 a.m.
comply with the directions given. until 6 p.m. on July 28, 2018, and July
Failure to do so may result in expulsion DEPARTMENT OF HOMELAND 29, 2018. The high-speed power boat
from the area, citation for failure to SECURITY racing event consists of approximately
comply, or both. The Coast Guard Patrol 60 participants competing on a
Commander may terminate the event, or Coast Guard designated one-mile oval course in the
the operation of any vessel designated Choptank River in a cove located
by event sponsor as having a function 33 CFR Part 100 between Hambrooks Bar and the
tied to the event, at any time the Coast shoreline at Cambridge, MD. Hazards
[Docket Number USCG–2018–0178]
Guard Patrol Commander deems it from the power boat races include risks
necessary for the protection of life or RIN 1625–AA08 of injury or death resulting from near or
property. actual contact among participant vessels
(2) Except for participants and vessels Special Local Regulation; Choptank and spectator vessels or waterway users
already at berth, all persons and vessels River, Cambridge, MD if normal vessel traffic were to interfere
within the regulated area at the start of with the event. Details of the proposed
AGENCY: Coast Guard, DHS. event were provided to the Coast Guard
enforcement are to depart the regulated
area. ACTION: Notice of proposed rulemaking. at a meeting on April 10, 2018. There it
(3) Spectators shall contact the Coast was learned that during past power boat
SUMMARY: The Coast Guard proposes to
Guard Patrol Commander to request racing events in the area, large wakes
establish special local regulations for
permission to either enter the spectator created from transient vessels operating
certain waters of the Choptank River.
area or pass through the regulated area. on the Choptank River west of the
This action is necessary to provide for
The Coast Guard Patrol Commander and Senator Frederick C. Malkus, Jr. (US–50)
the safety of life on the navigable waters
official patrol vessels enforcing this Memorial Bridge have caused great
located in Cambridge, MD, during a
regulated area can be contacted on concern for event planners. Such wakes
power boat racing event on July 28,
marine band radio VHF–FM channel 16 are hazardous to participants as their
2018, and July 29, 2018. This proposed
(156.8 MHz) and channel 22A (157.1 presence in the race area would result
rule would prohibit persons and vessels
MHz). If permission is granted, in injury or death due to vessel
from entering the regulated area unless
spectators may enter the spectator area capsizing or collisions among
authorized by the Captain of the Port
or must pass directly through the participant vessels during the high-
Maryland-National Capital Region or the
regulated area as instructed by Coast speed races. Allowing the proposed
Coast Guard Patrol Commander. We
Guard Patrol Commander and at safe power boat racing event to proceed
invite your comments on this proposed
speed and without loitering. All without including these navigable
rulemaking.
spectator vessels shall be anchored or waters within the regulated area would
operate at a No Wake Speed within the DATES: Comments and related material adversely affect event participants. The
designated spectator area. Official patrol must be received by the Coast Guard on Captain of the Port (COTP) Maryland-
vessels will direct spectator vessels to or before June 20, 2018. National Capital Region has determined
sradovich on DSK3GMQ082PROD with PROPOSALS

the spectator area. ADDRESSES: You may submit comments that potential hazards associated with
(4) Only participant vessels and identified by docket number USCG– the power boat races would be a safety
official patrol vessels are allowed to 2018–0178 using the Federal concern for anyone intending to
enter the race area. eRulemaking Portal at http:// participate in this event or for vessels
(5) Persons and vessels desiring to www.regulations.gov. See the ‘‘Public that operate within specified waters of
transit, moor, or anchor within the Participation and Request for the Choptank River at Cambridge, MD.
regulated area must first obtain Comments’’ portion of the The purpose of this rulemaking is to
authorization from the COTP Maryland- SUPPLEMENTARY INFORMATION section for protect marine event participants,

VerDate Sep<11>2014 16:12 May 18, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\21MYP1.SGM 21MYP1
23396 Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules

spectators and transiting vessels on IV. Regulatory Analyses area may be small entities, for the
specified waters of the Choptank River We developed this proposed rule after reasons stated in section IV.A above this
before, during, and after the scheduled considering numerous statutes and proposed rule would not have a
event. The Coast Guard proposes this Executive Orders related to rulemaking. significant economic impact on any
rulemaking under authority in 33 U.S.C. Below we summarize our analyses vessel owner or operator.
1233, which authorizes the Coast Guard If you think that your business,
based on a number of these statutes and
to establish and define special local organization, or governmental
Executive Orders, and we discuss First
regulations. jurisdiction qualifies as a small entity
Amendment rights of protestors. and that this rule would have a
III. Discussion of Proposed Rule A. Regulatory Planning and Review significant economic impact on it,
The COTP Maryland-National Capital please submit a comment (see
Executive Orders 12866 and 13563
Region proposes to establish special ADDRESSES) explaining why you think it
direct agencies to assess the costs and
local regulations to be enforced from qualifies and how and to what degree
benefits of available regulatory
8:30 a.m. until 6:30 p.m. on July 28, this rule would economically affect it.
alternatives and, if regulation is Under section 213(a) of the Small
2018 and July 29, 2018. This special necessary, to select regulatory
local regulation would include Business Regulatory Enforcement
approaches that maximize net benefits. Fairness Act of 1996 (Pub. L. 104–121),
navigable waters of the Choptank River Executive Order 13771 directs agencies
located between the Senator Frederick we want to assist small entities in
to control regulatory costs through a understanding this proposed rule. If the
C. Malkus, Jr. (US–50) Memorial Bridge, budgeting process. This NPRM has not
at mile 15.5, and Hambrooks Bar Light. rule would affect your small business,
been designated a ‘‘significant organization, or governmental
The area of the regulated area is regulatory action’’ under Executive
approximately 3,000 yards in length and jurisdiction and you have questions
Order 12866. Accordingly, the NPRM concerning its provisions or options for
3,000 yards in width. has not been reviewed by the Office of compliance, please contact the person
The regulated area would include all Management and Budget (OMB), and listed in the FOR FURTHER INFORMATION
navigable waters within Choptank River pursuant to OMB guidance it is exempt CONTACT section. The Coast Guard will
and Hambrooks Bay bounded by a line from the requirements of Executive not retaliate against small entities that
connecting the following coordinates: Order 13771. question or complain about this
Commencing at the shoreline at Long This regulatory action determination proposed rule or any policy or action of
Wharf Park, Cambridge, MD, at position is based on the size, location and the Coast Guard.
latitude 38°34′30″ N, longitude duration of the regulated area. Vessel
076°04′16″ W; thence east to latitude traffic would be able to safely transit C. Collection of Information
38°34′20″ N, longitude 076°03′46″ W; through the regulated area, which This proposed rule would not call for
thence north across the Choptank River would impact a small designated area of a new collection of information under
along the Senator Frederick C. Malkus, the Choptank River for 20 hours. The the Paperwork Reduction Act of 1995
Jr. (US–50) Memorial Bridge, at mile Coast Guard would issue a Broadcast (44 U.S.C. 3501–3520).
15.5, to latitude 38°35′30″ N, longitude Notice to Mariners via marine band
076°02′52″ W; thence west along the radio VHF–FM channel 16 about the D. Federalism and Indian Tribal
shoreline to latitude 38°35′38″ N, status of the regulated area. Moreover, Governments
longitude 076°03′09″ W; thence north the rule would, when deemed safe to do A rule has implications for federalism
and west along the shoreline to latitude so by the Coast Guard Patrol under Executive Order 13132,
38°36′42″ N, longitude 076°04′15″ W; Commander, allow vessel operators to Federalism, if it has a substantial direct
thence southwest across the Choptank request permission to enter, remain effect on the States, on the relationship
River to latitude 38°35′31″ N, longitude within, or transit through the regulated between the national government and
076°04′57″ W, terminating at the area for the purpose of either safely the States, or on the distribution of
Hambrooks Bay breakwall. This rule entering the ‘‘Spectator Area’’ or power and responsibilities among the
provides additional information about transiting the regulated area at the various levels of government. We have
designated areas within the regulated minimum speed necessary to maintain a analyzed this proposed rule under that
area, including a ‘‘Race Area,’’ safe course that minimizes wake near Order and have determined that it is
‘‘Spectator Area’’ and ‘‘Buffer Zone,’’ the race course. consistent with the fundamental
and the restrictions that apply to federalism principles and preemption
mariners. The duration of the regulated B. Impact on Small Entities
requirements described in Executive
area is intended to ensure the safety of The Regulatory Flexibility Act of Order 13132.
event participants and vessels within 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have
the specified navigable waters before, requires Federal agencies to consider tribal implications under Executive
during, and after the power boat races, the potential impact of regulations on Order 13175, Consultation and
scheduled to occur 9 a.m. through 6 small entities during rulemaking. The Coordination with Indian Tribal
p.m. each day. Persons and vessels term ‘‘small entities’’ comprises small Governments, because it would not have
desiring to transit, moor, or anchor businesses, not-for-profit organizations a substantial direct effect on one or
within the regulated area must obtain that are independently owned and more Indian tribes, on the relationship
authorization from COTP Maryland- operated and are not dominant in their between the Federal Government and
sradovich on DSK3GMQ082PROD with PROPOSALS

National Capital Region or Coast Guard fields, and governmental jurisdictions Indian tribes, or on the distribution of
Patrol Commander. When authorized to with populations of less than 50,000. power and responsibilities between the
transit the regulated area, all vessels The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes.
would proceed at the minimum speed 605(b) that this proposed rule would not If you believe this proposed rule has
necessary to maintain a safe course that have a significant economic impact on implications for federalism or Indian
minimizes wake near the race course. a substantial number of small entities. tribes, please contact the person listed
The regulatory text we are proposing While some owners or operators of in the FOR FURTHER INFORMATION
appears at the end of this document. vessels intending to transit the regulated CONTACT section above.

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23398 Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules

38°35′30″ N, longitude 076°04′47″ W, section. All vessels within the Spectator 700/80) Bridge, mile 1024.7, across the
thence southeast to latitude 38°35′23″ N, Area shall be anchored or operate at a Atlantic Intracoastal Waterway, at West
longitude 076°04′29″ W, thence no-wake speed while transiting within Palm Beach, Florida. This modification
southwest to latitude 38°35′19″ N, the Spectator Area. allows the Flagler Memorial, Royal Park
longitude 076°04′31″ W, thence (7) The Coast Guard Patrol and Southern Boulevard Bridges to
northwest to to and terminating at the Commander and official patrol vessels operate on alternative schedules when
point of origin. enforcing this regulated area can be the President of the United States,
(c) Special local regulations. (1) The contacted on marine band radio VHF– members of the First Family, or other
Captain of the Port Maryland-National FM channel 16 (156.8 MHz) and persons under the protection of the
Capital Region or the Coast Guard Patrol channel 22A (157.1 MHz). Persons and Secret Service visit Mar-a-Lago. The
Commander may forbid and control the vessels desiring to transit, moor, or proposed modifications are necessary to
movement of all vessels and persons, anchor within the regulated area must accommodate the increase in vehicular
including event participants, in the obtain authorization from Captain of the traffic when the presidential motorcade
regulated area. When hailed or signaled Port Maryland-National Capital Region is in transit.
by an official patrol, a vessel or person or Coast Guard Patrol Commander. The DATES: Comments and relate material
in the regulated area shall immediately Captain of the Port Maryland-National must reach the Coast Guard on or before
comply with the directions given. Capital Region can be contacted at July 5, 2018.
Failure to do so may result in expulsion telephone number 410–576–2693 or on
ADDRESSES: You may submit comments
from the area, citation for failure to Marine Band Radio, VHF–FM channel
comply, or both. identified by docket number USCG–
16 (156.8 MHz). The Coast Guard Patrol
(2) The operator of any vessel in the 2017–0273 using Federal eRulemaking
Commander can be contacted on Marine
regulated area shall: Portal at http://www.regulations.gov.
Band Radio, VHF–FM channel 16 (156.8
(i) Stop the vessel immediately when See the ‘‘Public Participation and
MHz).
directed to do so by any Official Patrol (8) The Coast Guard will publish a Request for Comments’’ portion of the
and then proceed only as directed. SUPPLEMENTARY INFORMATION section
notice in the Fifth Coast Guard District
(ii) All persons and vessels shall Local Notice to Mariners and issue a below for instructions on submitting
comply with the instructions of the marine information broadcast on VHF– comments.
Official Patrol. FM marine band radio. FOR FURTHER INFORMATION CONTACT: If
(iii) When authorized to transit the (d) Enforcement. The Coast Guard you have questions on this rule, call or
regulated area, all vessels shall proceed may be assisted with marine event email LT Ruth Sadowitz, Coast Guard
at the minimum speed necessary to patrol and enforcement of the regulated Sector Miami, FL, Waterways
maintain a safe course that minimizes area by other Federal, State, and local Management Division, telephone 305–
wake near the race course. agencies. 535–4307, email ruth.a.sadowitz@
(3) The Coast Guard Patrol (e) Enforcement periods. This section uscg.mil.
Commander may terminate the event, or will be enforced from 8:30 a.m. until
the operation of any participant, at any SUPPLEMENTARY INFORMATION:
6:30 p.m. on July 28, 2018, and from
time it is deemed necessary for the 8:30 a.m. until 6:30 p.m. on July 29, I. Table of Abbreviations
protection of life or property. 2018.
(4) The Race Area is an area within CFR Code of Federal Regulations
the regulated area defined in paragraph Dated: May 2, 2018. DHS Department of Homeland Security
(b)(2) of this section. The actual Joseph B. Loring, FR Federal Register
OMB Office of Management and Budget
placement of the race course will be Captain, U.S. Coast Guard, Captain of the
NPRM Notice of Proposed Rulemaking
determined by the marine event sponsor Port Maryland-National Capital Region.
(Advance, Supplemental)
but must be located within the [FR Doc. 2018–10795 Filed 5–18–18; 8:45 am] § Section
designated boundaries of the Race Area. BILLING CODE 9110–04–P U.S.C. United States Code
Only participants and official patrol FL DOT Florida Department of
vessels are allowed to enter the Race Transportation
Area. DEPARTMENT OF HOMELAND AICW Atlantic Intracoastal Waterway
(5) The Buffer Zone is an area that SECURITY
II. Background, Purpose and Legal
surrounds the perimeter of the Race
Coast Guard Basis
Area within the regulated area defined
in paragraph (b)(3) of this section. The The bridge owner, Florida Department
purpose of a Buffer Zone is to minimize 33 CFR Part 117 of Transportation, requested changes to
potential collision conflicts with [Docket No. USCG–2017–0273] the drawbridge operating schedules to
participants and spectators or nearby better facilitate orderly vehicle traffic
transiting vessels. This area provides RIN 1625–AA09 flow across the Flagler Memorial, Royal
separation between the Race Area and Park and Southern Boulevard bridges
Drawbridge Operation Regulation; when the President of the United States,
Spectator Area or other vessels that are
Atlantic Intracoastal Waterway, Palm members of the First Family, or other
operating in the vicinity of the regulated
Beach, FL persons under the protection of the
area defined in paragraph (b)(1) of this
section. Only participants and official AGENCY: Coast Guard, DHS. Secret Service visit Mar-a-Lago.
sradovich on DSK3GMQ082PROD with PROPOSALS

patrol vessels are allowed to enter the ACTION: Notice of proposed rulemaking. On August 17, 2017, the Coast Guard
Buffer Zone. published a notice of deviation from
(6) The Spectator Area is an area SUMMARY: The Coast Guard proposes to drawbridge regulation with request for
described by a line bounded by modify the operating schedule that comments in the Federal Register (82
coordinates provided in latitude and governs the operation of the Flagler FR 39019) to test proposed changes.
longitude that outlines the boundary of Memorial (SR A1A) Bridge, mile 1021.8, Three Comments were received during
a spectator area within the regulated the Royal Park (SR 704) Bridge, mile the test period, which were in favor of
area defined in paragraph (b)(4) of this 1022.6, and the Southern Boulevard (SR the regulation changes.

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Document Created: 2018-11-02 11:08:02
Document Modified: 2018-11-02 11:08:02
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		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before June 20, 2018.
Contact		If you have questions about this proposed rulemaking, call or email Mr. Ronald Houck, U.S. Coast Guard Sector Maryland-National Capital Region; telephone 410-576-2674, email [email protected]
FR Citation		83 FR 23395
RIN Number		1625-AA08
CFR Associated		Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways
83 FR 23395 - Special Local Regulation; Choptank River, Cambridge, MD

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 98 (May 21, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
