Rule2021-14342
Special Local Regulation; Back River, Baltimore County, MD
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 6, 2021
Effective
July 10, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation for certain waters of Back River. This action is necessary to provide for the safety of life on these navigable waters located in Baltimore County, MD, during a high-speed power boat event on July 10, 2021, and July 11, 2021. This regulation prohibits persons and vessels from entering the regulated area unless authorized by the Captain of the Port Maryland-National Capital Region or the Coast Guard Event Patrol Commander.
Full Text
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<title>Federal Register, Volume 86 Issue 126 (Tuesday, July 6, 2021)</title>
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[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Rules and Regulations]
[Pages 35399-35402]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14342]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0266]
RIN 1625-AA08
Special Local Regulation; Back River, Baltimore County, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for certain waters of Back River. This action is necessary
to provide for the safety of life on these navigable waters located in
Baltimore County, MD, during a high-speed power boat event on July 10,
2021, and July 11, 2021. This regulation prohibits persons and vessels
from entering the regulated area unless authorized by the Captain of
the Port Maryland-National Capital Region or the Coast Guard Event
Patrol Commander.
DATES: This rule is effective from 9 a.m. on July 10, 2021, through 6
p.m. on July 11, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
[[Page 35400]]
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0266 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the
Document Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ron Houck, U.S. Coast Guard Sector Maryland-National
Capital Region; telephone 410-576-2674, email <a href="/cdn-cgi/l/email-protection#3f7b0f0a127b78126c5a5c4b504d727b12717c6d12725e4d56515a7a495a514b4c7f4a4c5c5811525653"><span class="__cf_email__" data-cfemail="7430444159303359271117001b063930593a3726593915061d1a113102111a000734010717135a191d18">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On April 16, 2021, the Chesapeake Bay Power Boat Association of
Edgewater, MD, notified the Coast Guard that from 10 a.m. to 5 p.m. on
July 10, 2021, and from 10 a.m. to 5 p.m. on July 11, 2021, it will be
conducting the 1st Annual Shootout on the River 2021 on Back River,
between Lynch Point to the south and Walnut Point to the north, in
Baltimore County, MD. In response, on May 25, 2021, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled ``Special Local
Regulation; Back River, Baltimore County, MD'' (86 FR 28049). There we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this high-speed power boat competition.
During the comment period that ended June 9, 2021, we received no
comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the date of the event, it
would be impracticable to make the regulation effective 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to public interest
because it would delay the safety measures necessary to respond to
potential safety hazards associated with this marine event. Immediate
action is needed to protect participants, spectators, and other persons
and vessels during the high-speed power boat event on these navigable
waters.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Maryland-National Capital Region (COTP)
has determined that potential hazards associated with this July 10,
2021, and July 11, 2021 high-speed power boat event will be a safety
concern for anyone intending to operate within certain waters of Back
River in Baltimore County, MD. The purpose of this rule is to ensure
safety of vessels and the navigable waters in the regulated area
before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published May
25, 2021. There are no substantive changes in the regulatory text of
this rule from the proposed rule in the NPRM. However, in subparagraph
(c)(4), the term ``race area'' was changed to ``course area'' to
conform with the remaining regulatory text.
This rule establishes special local regulations from 9 a.m. on July
10, 2021, through 6 p.m. on July 11, 2021. The regulated area will
cover all navigable waters of Back River, within an area bounded by a
line connecting the following points: From the shoreline at Lynch Point
at latitude 39[deg]14'46'' N, longitude 076[deg]26'23'' W, thence
northeast to Porter Point at latitude 39[deg]15'13'' N, longitude
076[deg]26'11'' W, thence north along the shoreline to Walnut Point at
latitude 39[deg]17'06'' N, longitude 076[deg]27'04'' W, thence
southwest to the shoreline at latitude 39[deg]16'41'' N, longitude
076[deg]27'31'' W, thence south along the shoreline to the point of
origin, located in Baltimore County, MD. The duration of the special
local regulations and size of the regulated area are intended to ensure
the safety of vessels and these navigable waters before, during, and
after the high-speed power boat competition, scheduled from 10 a.m. to
5 p.m. on July 10, 2021, and from 10 a.m. to 5 p.m. on July 11, 2021.
The COTP and the Coast Guard Event Patrol Commander (PATCOM) will have
authority to forbid and control the movement of all vessels and
persons, including event participants, in the regulated area.
Except for 1st Annual Shootout on the River participants and
vessels already at berth, a vessel or person will be required to get
permission from the COTP or Event PATCOM before entering the regulated
area. Vessel operators will be able to request permission to enter and
transit through the regulated area by contacting the Event PATCOM on
VHF-FM channel 16. Vessel traffic will 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 will 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 VHF-FM channel 16 and channel 22A.
If permission is granted by the COTP or Event PATCOM, a person or
vessel will be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels will be required to
operate at a safe speed that minimizes wake while within the regulated
area. A spectator vessel must not loiter within the navigable channel
while within the regulated area. Official patrol vessels will direct
spectators to the designated spectator area. Only participant vessels
and official patrol vessels will be allowed to enter the course area.
V. Regulatory Analyses
We developed this 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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule 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 would impact a small
designated area of Back River for 18 total enforcement hours. The Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the status of the regulated area. Moreover, the rule
will allow vessels to seek permission to enter the regulated area, and
vessel traffic would be able to safely transit the
[[Page 35401]]
regulated area once the Event PATCOM deems it safe to do so.
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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will 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 established by the special local regulation may be small
entities, for the reasons stated in section V.A above, this rule will
not have a significant economic impact on any vessel owner or operator.
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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will 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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined 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 rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area lasting for 18 total enforcement
hours. It is categorically excluded from further review under paragraph
L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A Memorandum For Record for Categorically Excluded Actions
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
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 amends
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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T05-0266 to read as follows:
Sec. 100.T05-0266 1st Annual Shootout on the River, Back River,
Baltimore County, MD.
(a) Locations. All coordinates are based on datum WGS 1984.
(1) Regulated area. All navigable waters of Back River, within an
area bounded by a line connecting the following points: From the
shoreline at Lynch Point at latitude 39[deg]14'46'' N, longitude
076[deg]26'23'' W, thence northeast to Porter Point at latitude
39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north along the
shoreline to Walnut Point at latitude 39[deg]17'06'' N, longitude
076[deg]27'04'' W, thence southwest to the shoreline at latitude
39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south along the
shoreline to the point of origin, located in Baltimore County, MD. The
course area, buffer area, and spectator area are within the regulated
area.
(2) Course area. The course area is a polygon in shape measuring
approximately 2.2 statute miles in length by 500 feet in width. The
area is bounded by a line commencing at position latitude
39[deg]16'53.5'' N, longitude 076[deg]26'53.4'' W, thence east to
latitude 39[deg]16'54.4'' N, longitude 076[deg]26'47.1'' W, thence
south to latitude 39[deg]15'01.1'' N, longitude 076[deg]26'33.8''
[[Page 35402]]
W, thence west to latitude 39[deg]14'59.4'' N, longitude
076[deg]26'39.4'' W, thence north to the point of origin.
(3) Buffer area. The buffer area is a polygon in shape measuring
approximately 300 feet in all directions surrounding the entire course
area described in the preceding paragraph of this section. The area is
bounded by a line commencing at position latitude 39[deg]16'56.2'' N,
longitude 076[deg]26'57.7'' W, thence east to latitude 39[deg]16'57.7''
N, longitude 076[deg]26'43.7'' W, thence south to latitude
39[deg]14'59.0'' N, longitude 076[deg]26'29.7'' W, thence west to
latitude 39[deg]14'55.8'' N, longitude 076[deg]26'42.7'' W, thence
north to the point of origin.
(4) Spectator area. The designated spectator area is a polygon in
shape measuring approximately 1,000 yards in length by 500 feet in
width. The area is bounded by a line commencing at position latitude
39[deg]16'33.7'' N, longitude 076[deg]26'40.7'' W, thence east to
latitude 39[deg]16'34.5'' N, longitude 076[deg]26'34.7'' W, thence
south to latitude 39[deg]16'05.0'' N, longitude 076[deg]26'31.1'' W,
thence west to latitude 39[deg]16'04.4'' N, longitude 076[deg]26'37.4''
W, thence north to the point of origin.
(b) Definitions. As used in this section--
Buffer area is a neutral area that surrounds the perimeter of the
Course Area within the regulated area described by this section. The
purpose of a buffer area is to minimize potential collision conflicts
with marine event participants or high-speed power boats and spectator
vessels or nearby transiting vessels. This area provides separation
between a Course Area and a specified Spectator Area or other vessels
that are operating in the vicinity of the regulated area established by
the special local regulations.
Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
Course area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
course area within the regulated area defined by this section.
Event Patrol Commander or Event PATCOM 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.
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.
Participant means all persons and vessels registered with the event
sponsor as participating in the ``1st Annual Shootout on the
River''speed runs event, or otherwise designated by the event sponsor
as having a function tied to the event.
Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
Spectator area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
spectator area within the regulated area defined by this part.
(c) Special local regulations. (1) The COTP Maryland-National
Capital Region or Event PATCOM 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 by the patrol. Failure to do so may result in the Coast Guard
expelling the person or vessel from the area, issuing a citation for
failure to comply, or both. The COTP Maryland-National Capital Region
or Event PATCOM may terminate the event, or a participant's operations
at any time the COTP Maryland-National Capital Region or Event PATCOM
believes it necessary to do so for the protection of life or property.
(2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
(3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM,
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). If permission is granted, the spectator must
enter the designated Spectator Area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
(4) Only participant vessels and official patrol vessels are
allowed to enter the course area.
(5) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
(6) 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 announcing specific event dates
and times.
(d) Enforcement officials. 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 period. This section will be enforced from 9 a.m.
to 6 p.m. on July 10, 2021, and from 9 a.m. to 6 p.m. on July 11, 2021.
Dated: June 30, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2021-14342 Filed 7-2-21; 8:45 am]
BILLING CODE 9110-04-P
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