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khammond on DSKJM1Z7X2PROD with PROPOSALS

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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules
a.m. on July 24, 2021, until 6 p.m. on July 25, 2021. The special local regulations would be enforced from 9
a.m. to 6 p.m. on July 24th and those same hours on July 25th. 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 383430 N, longitude 0760416 W;
thence east to latitude 383420 N, longitude 0760346 W; thence northeast across the Choptank River along the Senator Frederick C. Malkus, Jr. US50 Memorial Bridge, at mile 15.5, to latitude 383530 N, longitude 0760252 W; thence west along the shoreline to latitude 383538 N, longitude 0760309 W; thence north and west along the shoreline to latitude 383642 N, longitude 0760415 W;
thence southwest across the Choptank River to latitude 383531 N, longitude 0760457 W; thence west along the Hambrooks Bay breakwall to latitude 383533 N, longitude 0760517 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 9:30 a.m. until 5:30 p.m.
on July 24, 2021, and July 25, 2021. The COTP and Coast Guard Event Patrol Commander 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 Thunder on the Choptank 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

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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 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
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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. 601612, 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.
605b 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 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, 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. 35013520.
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
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