Rule2023-10125
Special Local Regulation; Bush River and Otter Point Creek; Between Perryman, MD and Edgewood, MD
Primary source
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Published
May 12, 2023
Effective
May 13, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing 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 regulation prohibits 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.
Full Text
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<title>Federal Register, Volume 88 Issue 92 (Friday, May 12, 2023)</title>
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[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Rules and Regulations]
[Pages 30645-30648]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10125]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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 regulation
prohibits 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.
DATES: This rule is effective from 9 a.m. on May 13, 2023, through 7
p.m. on May 14, 2023.
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-
2023-0168 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 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#49040d070a1b1e283d2c3b3e28303a093c3a2a2e67242025"><span class="__cf_email__" data-cfemail="aee3eae0edfcf9cfdacbdcd9cfd7ddeedbddcdc980c3c7c2">[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 Information and Regulatory History
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. on 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. In response, on March 23, 2023, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled Special Local Regulation;
Bush River and Otter Point Creek; Between Perryman, MD and Edgewood, MD
(88 FR 17467). There, we stated why we issued the NPRM and invited
comments on our proposed regulatory action related to the high-speed
power boat race. During the comment period that ended April 24, 2023,
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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the high-speed
power boat race scheduled to take place on May 13, 2023 and May 14,
2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port, Sector Maryland-National Capital Region
(COTP) 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 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 March
23, 2023. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a regulated area from 9 a.m. on May 13, 2023
through 7
[[Page 30646]]
p.m. on May 14, 2023. The regulated area will 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. 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) 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 Harford County Spring Nationals 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 a 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
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 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 in a manner that minimizes wake while within
the regulated area 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 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 the Bush River for a total of 20 enforcement hours. Although
this regulated area extends across a large portion 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 as instructed by the Event PATCOM. Such
vessels must operate at a safe speed that minimizes wake and not loiter
within the navigable channel while present 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.
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,
[[Page 30647]]
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 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. 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
Record of Environmental Consideration 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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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.T05-0168 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 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.
[[Page 30648]]
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: May 5, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2023-10125 Filed 5-11-23; 8:45 am]
BILLING CODE 9110-04-P
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