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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules
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Solomons Offshore Grand Prix from 9
a.m. to 5 p.m. on August 29, 2021. The high-speed power boat racing event consists of approximately 60
participating high-performance offshoretype race boats of various classes, 22 to 50 feet in length. The vessels will be competing in a counter-clockwise direction along a marked 3.75-mile long course located on the Patuxent River, between the Governor Thomas Johnson MD Route 4 Bridge and the West Patuxent Basin at U.S. Naval Air Station Patuxent River, MD. Non-race day practice and testing will be conducted in the waterway from 9 a.m. to 5 p.m.
on August 28, 2021. 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 MarylandNational Capital Region has determined that potential hazards associated with the power boat races would be a safety concern for anyone intending to participate in this event and for vessels that operate within specified waters of the Patuxent River.
The purpose of this rulemaking is to protect event participants, nonparticipants and transiting vessels before, during, and after the scheduled event. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C.
70034 previously 33 U.S.C. 1231.
III. Discussion of Proposed Rule The COTP Maryland-National Capital Region is proposing to establish special local regulations from 8 a.m. through 6
p.m. on August 29, 2021. The regulations would be enforced from 8
a.m. to 6 p.m. on August 29, 2021. The regulated area would cover all navigable waters of the Patuxent River bounded by a line connecting the following points:
From the shoreline at the entrance to Third Cove, at position latitude 381953.4 N, longitude 0762836.4
W; thence south across the Patuxent River to Town Point at latitude 381920.5 N, longitude 0762834.0
W; thence east and south along the shoreline to latitude 381859.3 N, longitude 0762840.2 W; thence southeast across the entrance to Town Creek to Thorns Point at latitude 381846.3 N, longitude 0762832.7
W; thence southeast along the shoreline to the U.S. Naval Air Station Patuxent River West Seaplane Basin Entrance at
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latitude 381735.0 N, longitude 0762700.2 W; thence northeast to latitude 381801.0 N, longitude 0762639.0 W; thence northwest to Solomons Island Approach Light 3 at latitude 381911.0 N, longitude 0762701.8 W; thence northwest to the shoreline at latitude 381916.0 N, longitude 0762707.0 W; thence west and north along the shoreline to and terminating at the point of origin. The regulated area is approximately 5,300
yards in length and 2,900 yards in width.
This proposed rule provides additional information about areas within the regulated area and their definitions. These areas include Race Area, Buffer Area and Spectator Area.
The proposed size of the regulated area is intended to ensure the safety of life on these navigable waters before, during, and after the high-speed power boat racing event, scheduled to take place from 9 a.m. to 5 p.m. on August 29, 2021. The COTP and the Coast Guard 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 Chesapeake Challenge/
Solomons Offshore Grand Prix 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. Vessel operators would be able to request permission to enter and transit through the regulated area by contacting the Event PATCOM on VHFFM channel 16. Vessel traffic would be able to safely transit the regulated area once the Event PATCOM deems it safe to do so. A
vessel within the regulated area must operate at safe speed that minimizes wake. A person or vessel not registered with the event 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. Official Patrols enforcing this regulated area can be contacted on VHFFM channel 16 and channel 22A.

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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 in a manner that would not endanger event participants or any other craft. A
spectator vessel must not loiter within the navigable channel while within the regulated area. Official patrol vessels would direct spectators to the designated spectator area. Only participant vessels and official patrol vessels would be allowed to enter the race area. The Coast Guard would publish a notice in the Fifth Coast Guard District Local Notice to Mariners and issue a marine information broadcast on VHFFM marine band radio announcing specific event dates and times.
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 and duration of the regulated area, which would impact a small designated area of the Patuxent River for 10 hours. This waterway supports mainly recreational vessel traffic, which at its peak, occurs during the summer season. Although this regulated area extends across the entire width of the waterway, the rule would allow vessels and persons to seek permission to enter the regulated area, and vessel traffic able to do so safely would be able to transit the regulated area on the western portion of the
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