Does the navigational capacity test used by the Fourth Circuit constitute an overbroad expansion of federal admiralty jurisdiction and encroach on Maryland's right to enforce its chosen legal doctrine for negligence liability?

QUESTIONS PRESENTED 1. Does the navigational capacity test used by the Fourth Circuit constitute an overbroad expansion of federal admiralty jurisdiction and encroach on Maryland’s right to enforce its chosen legal doctrine for negligence liability? 2. Is the navigability in fact test used by the Seventh, Eighth, and Ninth Circuits, rather than the navigational capacity test or the ebb and flow test, the proper test to determine the admiralty jurisdiction of federal courts over a body of water?