Proposed Rule2023-06022
Special Local Regulation; Bush River and Otter Point Creek; Between Perryman, MD and Edgewood, 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
March 23, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary special local regulation for certain waters of the Bush River and Otter Point Creek, in Maryland. This action is necessary to provide for the safety of life on these navigable waters located at Edgewood, MD, during a high-speed power boat race on May 13, 2023 and May 14, 2023. This proposed rulemaking would prohibit persons and vessels (other than those already at berth at the time the regulation takes effect) from being in the regulated area unless authorized by the Captain of the Port, Sector Maryland-National Capital Region (COTP), or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 56 (Thursday, March 23, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Proposed Rules]
[Pages 17467-17470]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06022]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0168]
RIN 1625-AA08
Special Local Regulation; Bush River and Otter Point Creek;
Between Perryman, MD and Edgewood, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation for certain waters of the Bush River and Otter Point
Creek, in Maryland. This action is necessary to provide for the safety
of life on these navigable waters located at Edgewood, MD, during a
high-speed power boat race on May 13, 2023 and May 14, 2023. This
proposed rulemaking would prohibit persons and vessels (other than
those already at berth at the time the regulation takes effect) from
being in the regulated area unless authorized by the Captain of the
Port, Sector Maryland-National Capital Region (COTP), or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 24, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0168 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Courtney Perry, Sector
Maryland-NCR, Waterways Management Division, U.S. Coast Guard:
telephone 410-576-2596, email <a href="/cdn-cgi/l/email-protection#f6bbb2b8b5a4a19782938481978f85b683859591d89b9f9a"><span class="__cf_email__" data-cfemail="d8959c969b8a8fb9acbdaaafb9a1ab98adabbbbff6b5b1b4">[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
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On November 11, 2022, the Kent Narrows Racing Association (KNRA)
notified the Coast Guard that it will be conducting the Harford County
Spring Nationals Inboard Hydroplane Race on May 13, 2023 and May 14,
2023 from 9 a.m. to 7 p.m. both days. The high-speed power boat racing
event consists of approximately 60 participating racing boats--
including composite and wood hull inboard hydroplanes--12 to 28 feet in
length. The vessels will compete along a marked, approximately 1-mile
long course located on the Bush River and Otter Point Creek, at Flying
Point Park, between Perryman, MD and Edgewood, MD. Hazards from the
power boat racing event include the risks of injury or death resulting
from near or actual contact among participant vessels and waterway
users if normal vessel traffic were to interfere with the event. The
COTP, (Commander of the Coast Guard Sector Maryland-National Capital
Region) has determined that potential hazards associated with the power
boat races would be a safety concern for anyone intending to
participate in this event and for vessels that operate within the
specified waters of the Bush River and Otter Point Creek.
The purpose of this rulemaking is to protect event participants,
non-participants, and transiting vessels before, during, and after the
scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish a special local regulations from
9 a.m. on May 13, 2023, through 7 p.m. on May 14, 2023. The regulations
would be enforced from 9 a.m. to 7 p.m. on May 13, 2023 and from 9 a.m.
to 7 p.m. on May 14, 2023. The regulated area would cover all navigable
waters of the Bush River and Otter Point Creek, shoreline to shoreline,
bounded to the north by a line drawn from the western shoreline of the
Bush River at latitude 39[deg]21'15'' N, longitude 076[deg]14'39'' W
and thence eastward to the eastern shoreline of the Bush River at
latitude 39[deg]27'03'' N, longitude 076[deg]13'57'' W, and bounded to
the south by the Amtrak Railroad Bridge, across the Bush River at mile
6.8, between Perryman, MD and Edgewood, MD. These boundaries are based
on a detailed course map for the event which the Coast Guard received
from the sponsor on March 7, 2023.
This proposed rule provides additional information about zones
within the regulated area, their definitions, and the restrictions that
would apply to mariners. These zones include ``Race Area,'' ``Buffer
Zone,'' and ``Spectator Area.''
The proposed duration of the special local regulation 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
racing event, which is scheduled to take place from 10 a.m. to 6 p.m.
on May 13, 2023, and from 10 a.m. to 6 p.m. on May 14, 2023. The COTP,
and the Coast Guard Event Patrol Commander (or ``Event PATCOM,'' a
commissioned, warrant, or petty officer of the U.S. Coast Guard who has
been so designated by the COTP) 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
[[Page 17468]]
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 Harford County Spring Nationals 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. Vessel operators would 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 would 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 a safe speed that minimizes
wake. 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
COTP with a commissioned, warrant, or petty officer onboard 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 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, one that minimizes wake while within the
regulated area in a manner and that would not endanger event
participants or any other craft. A spectator vessel must not loiter
within the navigable channel while present within the regulated area.
Only participant vessels and official patrol vessels would be allowed
to enter the race area. The Coast Guard would 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. 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 size and
duration of the regulated area, which would impact a small designated
area of the Bush River for a total of 20 enforcement hours. Although
this regulated area extends across a large portion of the waterway, the
rule would allow vessels and persons to seek permission to enter the
regulated area, and vessel traffic able to do so safely would be able
to transit the regulated area as instructed by the Event PATCOM. Such
vessels must operate at a safe speed that minimized wake and not loiter
within the navigable channel while within the regulated area. Moreover,
the Coast Guard would 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 certifies under 5 U.S.C. 605(b) 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 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 proposed 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 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 proposed rule. If the proposed 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. 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
[[Page 17469]]
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed 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 20 total enforcement hours.
Normally such actions are categorically excluded from further review
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG- 2023-0168 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 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.T05-0168 to read as follows:
Sec. 100.T05-0168 Special Local Regulation; Bush River and Otter
Point Creek; Between Perryman, MD and Edgewood, MD.
(a) Location. All coordinates are based on datum NAD 1983.
(1) Regulated area. All navigable waters of Bush River and Otter
Point Creek, from shoreline to shoreline, bounded to the north by a
line drawn from the western shoreline of the Bush River at latitude
39[deg]27'15'' N, longitude 076[deg]14'39'' W and thence eastward to
the eastern shoreline of the Bush River at latitude 39[deg]27'03'' N,
longitude 076[deg]13'57'' W; and bounded to the south by the Amtrak
Railroad Bridge, across the Bush River at mile 6.8, between Perryman,
MD and Edgewood, MD. The following locations are within the regulated
area: The regulations in this section apply to the following area:
(2) Race Area. The area is bounded by a line commencing at position
latitude 39[deg]26'39.48'' N, longitude 076[deg]15'23.44'' W, to
latitude 39[deg]26'36.52'' N, longitude 076[deg]15'13.33'' W, to
latitude 39[deg]26'36.94'' N, longitude 076[deg]15'10.01'' W, to
latitude 39[deg]26'38.59'' N, longitude 076[deg]15'07.41'' W, to
latitude 39[deg]26'41.03'' N, longitude 076[deg]15'06.22'' W, to
latitude 39[deg]26'43.61'' N, longitude 076[deg]15'06.76'' W, to
latitude 39[deg]26'45.63'' N, longitude 076[deg]15'08.89'' W, to
latitude 39[deg]26'47.93'' N, longitude 076[deg]15'16.76'' W, to
latitude 39[deg]26'50.24'' N, longitude 076[deg]15'24.63'' W, to
latitude 39[deg]26'49.81'' N, longitude 076[deg]15'27.95'' W, to
latitude 39[deg]26'48.16'' N, longitude 076[deg]15'30.56'' W, to
latitude 39[deg]26'45.72'' N, longitude 076[deg]15'31.75'' W, to
latitude 39[deg]26'43.15'' N, longitude 076[deg]15'31.20'' W, to
latitude 39[deg]26'41.13'' N, longitude 076[deg]15'29.07'' W thence
back to the beginning point.
(3) Buffer Zone. The buffer zone surrounds the entire race area and
is bounded by a line commencing at position latitude 39[deg]26'39.60''
N, longitude 076[deg]15'30.00'' W, to latitude 39[deg]26'37.80'' N,
longitude 076[deg]15'24.00'' W, to latitude 39[deg]26'34'' N, longitude
076[deg]15'14.40'' W, to latitude 39[deg]26'34.80'' N, longitude
076[deg]15'09.00'' W, to latitude 39[deg]26'37.20'' N, longitude
076[deg]15'05.40'' W, to latitude 39[deg]26'40.80'' N, longitude
076[deg]15'03.60'' W, to latitude 39[deg]26'44.40'' N, longitude
076[deg]15'04.20'' W, to latitude 39[deg]26'46.80'' N, longitude
076[deg]15'07.20'' W, to latitude 39[deg]26'49.80'' N, longitude
076[deg]15'15.60'' W, to latitude 39[deg]26'52.20'' N, longitude
076[deg]15'25.20'' W, to latitude 39[deg]26'51.60'' N, longitude
076[deg]15'28.80'' W, to latitude 39[deg]26'49.20'' N, longitude
076[deg]15'32.40'' W, to latitude 39[deg]26'45.60'' N, longitude
076[deg]15'34.20'' W, to latitude 39[deg]26'42.60'' N, longitude
076[deg]615'33.60'' W thence back to the beginning point.
(4) Spectator Area. The spectator area is designated as the all
waters immediately surrounding the buffer zone up to a distance of 500
feet immediately surrounding the buffer zone.
(b) Definitions. As used in this section--
Buffer Zone 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 nearby
transiting vessels. This area provides separation between a race area
and other
[[Page 17470]]
vessels that are operating in the vicinity of the regulated area
established by the special local regulations in this section.
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Maryland-National
Capital Region (COTP) in the enforcement of the regulations in this
section.
Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been so
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 a participant in the race.
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 a participant or assigned as official patrols.
(c) 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
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 9 a.m.
to 7 p.m. on May 13, 2023 and from 9 a.m. to 7 p.m. on May 14, 2023.
Dated: March 17, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2023-06022 Filed 3-22-23; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 23, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.