The U.S. Coast Guard has announced a temporary special local regulation impacting certain waters of Prospect Bay near Kent Island Narrows, Maryland. This measure, effective from 12:30 p.m. to 3 p.m. on June 6, 2026, or on June 7, 2026, in case of inclement weather, aims to ensure public safety during the annual Historic Smith Island crab skiff races. The rule prohibits unauthorized vessels and persons from entering a defined regulated area, reflecting the Coast Guard's authority under 46 U.S.C. 70041 to manage maritime safety during events with potential hazards.
The Marine Event and Identified Hazards
The temporary regulation stems from a request made on April 9, 2026, by the Smith Island Crab Skiff Association for a Marine Event Permit. The association plans to host the Historic Smith Island crab skiff races, a power boat competition, in and around Kent Island, Maryland. The event, scheduled for 1 p.m. to 2:30 p.m. on June 6, 2026, involves approximately seven 22-foot-long boats competing in three heats on a designated, marked course. The Captain of the Port, Sector Maryland-National Capital Region (COTP), determined that the inherent risks associated with such power boat races, particularly the potential for collisions, posed a significant safety concern for both event participants and other vessels operating in the specified waters of Prospect Bay. The rule's purpose is to protect all individuals and vessels present in the area before, during, and after the scheduled event.
Specifics of the Temporary Special Local Regulation
This temporary final rule establishes a Special Local Regulation (SLR) covering specific waters of Prospect Bay near Kent Island Narrows. The regulated area is precisely defined by geographical coordinates, encompassing a race area and a surrounding buffer zone. During the enforcement period, which will be from 12:30 p.m. through 3 p.m. on either June 6 or June 7, 2026, all non-participants are strictly prohibited from entering, transiting through, anchoring in, or remaining within this regulated area. The only exceptions are those specifically authorized by the COTP or their designated representative. Mariners requiring permission to enter the regulated area must contact the COTP or their representative via VHF-FM channel 16 or by telephone at 410-576-2525. Compliance with all lawful orders from the COTP or their designated representative is mandatory within the restricted zone.
Regulatory Procedure and Justification
The Coast Guard issued this regulation as a temporary final rule, bypassing the standard notice of proposed rulemaking (NPRM) and the 30-day effective period requirements outlined in 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) respectively. The agency cited "good cause" for these waivers, explaining that it was impracticable to publish an NPRM, consider and respond to public comments, and then issue a final rule within the timeframe between receiving the Marine Event Permit application on April 9, 2026, and the event's scheduled date of June 6, 2026. This expedited process was deemed necessary to establish the SLR promptly to protect personnel, vessels, and the marine environment. The Coast Guard also analyzed the rule's potential impact under various Executive Orders and statutes, concluding that it would not significantly affect small entities, federalism, Indian tribal governments, or result in unfunded mandates. Furthermore, the rule was determined to be categorically excluded from further environmental review under the National Environmental Policy Act of 1969, as it falls under a category of actions that do not individually or cumulatively have a significant effect on the human environment.
Implications for Mariners and Public Waterways
The implementation of this temporary SLR underscores the Coast Guard's ongoing role in balancing public access to navigable waterways with the need to ensure safety during organized marine events. For recreational and commercial mariners operating in the Chesapeake Bay region, this rule necessitates heightened situational awareness. Mariners must consult official Coast Guard notices and advisories to understand when and where such temporary restrictions are in effect. While these regulations are temporary, they represent a significant alteration of normal navigation. The Coast Guard's decision to waive public comment highlights the agency's ability to act swiftly in response to immediate safety concerns, a critical function given the dynamic nature of marine activities and potential hazards. This approach prioritizes safety over extensive public input when time is of the essence, a practice consistent with the agency's mandate to safeguard life and property on U.S. waters. The specificity of the regulated area, down to precise coordinates, also emphasizes the need for mariners to use up-to-date charts and navigation tools.
