Rule2021-17442
Special Local Regulation; St. Mary's River, St. George Creek, Piney Point, MD
Primary source
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Published
August 16, 2021
Effective
October 2, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation for certain waters of the St. Mary's River. This action is necessary to provide for the safety of life on these navigable waters located at Piney Point, MD, during a high-speed power boat demonstration event on October 2, 2021, and October 3, 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 155 (Monday, August 16, 2021)</title>
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[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Rules and Regulations]
[Pages 45644-45647]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17442]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0346]
RIN 1625-AA08
Special Local Regulation; St. Mary's River, St. George Creek,
Piney Point, 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 the St. Mary's River. This action is
necessary to provide for the safety of life on these navigable waters
located at Piney Point, MD, during a high-speed power boat
demonstration event on October 2, 2021, and October 3, 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 7:30 a.m. on October 2, 2021,
through 5 p.m. on October 3, 2021. This rule will be enforced from 7:30
a.m. to 5 p.m. on October 2, 2021, and those same hours on October 3,
2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0346 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#c185f1f4ec8586ec92a4a2b5aeb38c85ec8f8293ec8ca0b3a8afa484b7a4afb5b281b4b2a2a6efaca8ad"><span class="__cf_email__" data-cfemail="105420253d54573d437573647f625d543d5e53423d5d7162797e755566757e646350656373773e7d797c">[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
The Southern Maryland Boat Club of Leonardtown, MD, notified the
Coast Guard that from 8 a.m. to 4 p.m. on October 2, 2021, and from 8
a.m. to 4 p.m. on October 3, 2021, it will be conducting the Southern
Maryland Boat Club Piney Point Regatta on St. George Creek at Piney
Point, MD. In response, on June 25, 2021, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled ``Special Local Regulation;
St. Mary's River, St. George Creek, Piney Point, MD'' (86 FR 33598).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this high-speed power boat
demonstration event. During the comment period that ended July 26,
2021, we received no comments.
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 the vintage and
historic racing power boat demonstration will be a safety concern for
anyone intending to participate in this event and for vessels that
operate within specified waters of the St. Mary's River. These hazards
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 within and adjacent to
designated navigation channels and interfering with vessels intending
to operate within those channels as well as operating near approaches
to local public boat landings. The purpose of this rule is to protect
event participants, non-participants and transiting vessels 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 June
25, 2021. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes special local regulations from 7:30 a.m. on
October 2, 2021, through 5 p.m. on October 3,
[[Page 45645]]
2021. The regulations will be enforced from 7:30 a.m. to 5 p.m. on
October 2, 2021, and from 7:30 a.m. to 5 p.m. on October 3, 2021. The
regulated area will cover all navigable waters of St. George Creek
within an area bounded by a line connecting the following points: From
the shoreline at Cedar Point at position latitude 38[deg]09'03.4'' N,
longitude 076[deg]29'55.7'' W; thence south along the shoreline to
Coade Bar at latitude 38[deg]08'22.5'' N, longitude 076[deg]29'19.9''
W; thence southwest across St. George Creek to Dodson Point at latitude
38[deg]08'03.8'' N, longitude 076[deg]29'44.6'' W; thence north along
the shoreline and the eastern extent of the St. George Island (SR-249)
Bridge to Long Bar (at the entrance to St. George Harbor) at latitude
38[deg]30'13.0''19'16.0'' N, longitude 076[deg]08'50.6'' W; thence
northeast across St. George Creek to and terminating at the point of
origin.
This regulation provides additional information about areas within
the regulated area and their definitions and the restrictions that will
apply to mariners. These areas include ``Race Area,'' ``Buffer Area,''
and ``Spectator Area.''
The duration of the special local regulations 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
demonstration event, scheduled to take place from 8 a.m. to 4 p.m. on
October 2, 2021, and from 8 a.m. to 4 p.m. on October 3, 2021. The COTP
and the Coast Guard Event PATCOM will 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 will 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 Southern Maryland Boat Club Piney Point Regatta
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 in a manner that will 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 will direct
spectators to the designated spectator area. Only participant vessels
and official patrol vessels will be allowed to enter the race area. 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.
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 size and
duration of the regulated area, which will impact a small designated
area of St. George Creek for 19 total enforcement 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 will allow vessels and
persons to seek permission to enter the regulated area, and vessel
traffic able to do so safely will be able to transit the regulated area
on the eastern portion of the waterway away from the event area as
instructed by Event PATCOM. Such vessels must operate at safe speed
that minimizes wake and not loiter within the navigable channel while
within the regulated area. Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
status of the regulated area.
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
safety zone 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.
[[Page 45646]]
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 for 19 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 the Record 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.T05-0346 to read as follows:
Sec. 100.T05-0346 Southern Maryland Boat Club Piney Point Regatta,
St. Mary's River, St. George Creek, Piney Point, MD.
(a) Locations. All coordinates are based on datum NAD 1983.
(1) Regulated area. All navigable waters of St. George Creek,
within an area bounded by a line connecting the following points: from
the shoreline at Cedar Point at position latitude 38[deg]09'03.4'' N,
longitude 076[deg]29'55.7'' W; thence south along the shoreline to
Coade Bar at latitude 38[deg]08'22.5'' N, longitude 076[deg]29'19.9''
W; thence southwest across St. George Creek to Dodson Point at latitude
38[deg]08'03.8'' N, longitude 076[deg]29'44.6'' W; thence north along
the shoreline and the eastern extent of the St. George Island (SR-249)
Bridge to Long Bar (at the entrance to St. George Harbor) at latitude
38[deg]08'50.6'' N, longitude 076[deg]30'13.0'' W; thence northeast
across St. George Creek to and terminating at the point of origin. The
race area, buffer area, and spectator area are within the regulated
area.
(2) Race area. The race area is a polygon in shape measuring
approximately 560 yards in length by 240 yards in width. The area is
bounded by a line commencing near Hodgson Point at position latitude
38[deg]08'38.22'' N, longitude 076[deg]30'02.48'' W, thence southeast
to latitude 38[deg]08'24.43'' N, longitude 076[deg]29'50.71'' W; thence
southwest to latitude 38[deg]08'20.40'' N, longitude 076[deg]29'58.16''
W, thence northwest to latitude 38[deg]08'34.26'' N, longitude
076[deg]30'09.97'' W; thence northeast to and terminating at the point
of origin.
(3) Buffer area. The buffer area is a polygon in shape measuring
approximately 270 feet in all directions surrounding the entire race
area described in paragraph (a)(2) of this section. The area is bounded
by a line commencing near Hodgson Point at position latitude
38[deg]08'42.0'' N, longitude 076[deg]30'01.6'' W; thence southeast to
latitude 38[deg]08'23.7'' N, longitude 076[deg]29'46.0'' W, thence
southwest to latitude 38[deg]08'16.7'' N, longitude 076[deg]29'59.0''
W; thence northwest to latitude 38[deg]08'34.9'' N, longitude
076[deg]30'14.7'' W, thence northeast to and terminating at the point
of origin.
(4) Spectator area. The designated spectator area is a polygon in
shape with its length measuring approximately 475 yards and its width
measuring approximately 300 yards at its northern portion and 50 yards
at it southern portion. The area is bounded by a line commencing at
position latitude 38[deg]08'47.2'' N, longitude 076[deg]29'52.9'' W;
thence southeast to latitude 38[deg]08'41.9'' N, longitude
076[deg]29'47.5'' W; thence southwest to latitude 38[deg]08'37.8'' N,
longitude 076[deg]29'55.3'' W; thence southeast to latitude
38[deg]08'31.3'' N, longitude 076[deg]29'50.1'' W, thence southwest to
latitude 38[deg]08'30.4'' N, longitude 076[deg]29'51.7'' W; thence
northwest to latitude 38[deg]08'42.0'' N, longitude 076[deg]30'01.6''
W, thence northeast to and terminating at the point of origin.
(b) Definitions. As used in this section--
Buffer area is a neutral area that surrounds the perimeter of the
race 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 race 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
[[Page 45647]]
any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
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 ``Southern Maryland Boat Club Piney
Point Regatta'' event, or otherwise designated by the event sponsor as
having a function tied to the event.
Race area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a race
area within the regulated area defined by this section.
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 described in paragraph (a)(1) of this section. 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 and remain within the race area.
(5) Only participant vessels and official patrol vessels are
allowed to enter and transit directly through the buffer area in order
to arrive at or depart from the race area.
(6) 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).
(7) 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 7:30
a.m. to 5 p.m. on October 2, 2021, and from 7:30 a.m. to 5 p.m. on
October 3, 2021.
Dated: August 10, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2021-17442 Filed 8-13-21; 8:45 am]
BILLING CODE 9110-04-P
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