Rule2024-14929
Special Local Regulation; Back River, Baltimore County, MD
Primary source
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Published
July 9, 2024
Effective
August 8, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing special local regulations to provide for the safety of life on certain waters of the Back River, in Baltimore County, MD. These regulations will be enforced during a high- speed power boat event and air show which will be held annually, on the 2nd, 3rd or 4th weekend (Friday, Saturday, and Sunday) in July. This rulemaking prohibits persons and vessels from being in 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 89 Issue 131 (Tuesday, July 9, 2024)</title>
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[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Rules and Regulations]
[Pages 56207-56211]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14929]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0361]
RIN 1625-AA08
Special Local Regulation; Back River, Baltimore County, MD
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing special local regulations to
provide for the safety of life on certain waters of the Back River, in
Baltimore County, MD. These regulations will be enforced during a high-
speed power boat event and air show which will be held annually, on the
2nd, 3rd or 4th weekend (Friday, Saturday, and Sunday) in July. This
rulemaking prohibits persons and vessels from being in the regulated
area unless authorized by the Captain of the Port, Maryland-National
Capital Region, or
[[Page 56208]]
the Coast Guard Event Patrol Commander.
DATES: This rule is effective August 8, 2024. A notification of
enforcement will be published prior to the event dates each year with
specified enforcement dates and times.
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-
2024-0361 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 about this rule,
call or email call or email Petty Officer Hollie Givens, U.S. Coast
Guard Sector Maryland-National Capital Region; telephone 410-576-2596,
email <a href="/cdn-cgi/l/email-protection#e5a8a1aba6b7a884978c8b80a093808b9196a590968682cb888c89"><span class="__cf_email__" data-cfemail="5518111b16071834273c3b301023303b212615202636327b383c39">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Sector Maryland-National Capital Region
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. Section
SLR Special Local Regulations
U.S.C. United States Code
II. Background Information and Regulatory History
Over the years, Tiki Lee's Dock Bar of Sparrows Point, MD has
submitted permit applications under 33 CFR 100.15 for two separate, but
concurrently held, annual events in the Back River. These events are
``Tiki Lee's Shootout on the River High Speed Power Boat'' event, and
``Tiki Lee's Shootout on the River Air Show.'' Tiki Lee's Dock Bar has
indicated that it intends to continue to submit applications annually
to hold these events (on the 2nd, 3rd or 4th, Friday, Saturday, and
Sunday in July). In response, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Special Local Regulation; Back
River, Baltimore County, MD,'' 89 FR 34173 (April 30, 2024). There, we
explained why we had issued the NPRM and we invited comments on our
proposed regulatory action related to this event. During the comment
period that ended May 30, 2024, we received one comment.
III. Legal Authority and Need for Rule
The COTP, Maryland-National Capital Region has determined that the
potential hazards associated with the high-speed power boat event and
air show will present safety concerns for anyone participating in this
event and for spectator vessels and non-affiliated vessels operating
within nearby waters of the Back River. The purpose of this rule is to
protect event participants, non-participants, and transiting vessels
before, during, and after the scheduled event. The Coast Guard is
promulgating this rule under authority in 46 U.S.C. 70041.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published April
30, 2024. This comment discusses the alleged targeting of oystermen and
does not address issues within the scope of our published NPRM. There
are no changes in the regulatory text of this rule from the proposed
rule in the NPRM.
The COTP is establishing special local regulations which may be
subject to enforcement in a particular year on the 2nd, 3rd or 4th
weekend (Friday, Saturday, and Sunday) in July, depending on when the
boat race and air show are held. The regulated area for both events
covers all navigable waters of the Back River within an area which is
approximately 4,200 yards in length and 1,200 yards in width. Within
the regulated area, specific zones are designated as a ``Course Area,''
a ``Buffer zone,'' an ``Aerobatics Box,'' and three ``Spectator
Areas.'' These are the ``East Spectator Fleet Area,'' the ``Northwest
Spectator Fleet Area,'' and the Southwest Spectator Fleet Area.''
Consistent with 33 CFR 100.35(a), the COTP is promulgating this
regulation, which provides that he or she and the Coast Guard Event
PATCOM have authority to forbid or 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, as is now provided in 33
CFR 100.501(d). 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.
Only participant vessels would be allowed to enter the course area
and aerobatics box. Except for Tiki Lee's Shootout on the River
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. Operators of vessels
already at berth desiring to move those vessels when the event is
subject to enforcement would be required to obtain permission before
doing so.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time of day of the regulated area, which would
only impact a small, designated area of Back River. 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 would allow vessels and
persons to seek permission to enter the regulated area, and vessel
traffic would be able to transit the regulated area as instructed by
Event PATCOM. Such vessels must operate at safe speed, one that
minimizes wake, and they must 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
enforcement 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
[[Page 56209]]
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.
Consistent with Sec. 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), we will assist
small entities in understanding this rule. If the rule may 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. 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.
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
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR 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. In Sec. 100.501 amend table 4 to paragraph (i)(2) by adding an
entry in alphabetical order for ``Tiki Lee's Shootout on the River High
Speed Power Boat Event and Air Show'' to read as follows:
Sec. 100.501 Special Local Regulations; Marine Events Within the
Fifth Coast Guard District.
* * * * *
(i) * * *
(2) * * *
[[Page 56210]]
Table 2 to Paragraph (i)(2)
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Enforcement
Event Regulated area period(s) Sponsor
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* * * * * * *
Tiki Lee's Shootout on the River Regulated area. All navigable waters This section will Tiki Lee's Dock
High Speed Power Boat Event and of Back River, within an area be enforced on the Bar of Sparrows
Air Show. bounded by a line connecting the 2nd, 3rd or 4th, Point, MD.
following points: from the shoreline Friday, Saturday,
at Lynch Point at latitude and Sunday in
39[deg]14'46'' N, longitude July. A
076[deg]26'23'' W, thence northeast Notification of
to Porter Point at latitude Enforcement will
39[deg]15'13'' N, longitude be published 30
076[deg]26'11'' W, thence north days prior to the
along the shoreline to Walnut Point event dates with
at latitude 39[deg]17'06'' N, specified
longitude 076[deg]27'04'' W, thence enforcement times
southwest to the shoreline at
latitude 39[deg]16'41'' N, longitude
076[deg]27'31'' W, thence south
along the shoreline to and
terminating at the point of origin.
The course area, aerobatics box and
spectator areas are within the
regulated area.
Course Area. The course area is a ................... ..................
polygon in shape measuring
approximately 1,400 yards in length
by 50 yards in width. The area is
bounded by a line commencing at
position latitude 39[deg]16'14.98''
N, longitude 076[deg]26'57.38'' W,
thence east to latitude
39[deg]16'15.36'' N, longitude
076[deg]26'55.56'' W, thence south
to latitude 39[deg]15'33.40'' N,
longitude 076[deg]26'49.70'' W,
thence west to latitude
39[deg]15'33.17'' N, longitude
076[deg]26'51.60'' W, thence north
to and terminating at the point of
origin.
Buffer zone. The buffer zone is a ................... ..................
polygon in shape measuring
approximately 100 yards in east and
west directions and approximately
150 yards in north and south
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]16'18.72'' N, longitude
076[deg]27'01.74'' W, thence east to
latitude 39[deg]16'20.36'' N,
longitude 076[deg]26'52.39'' W,
thence south to latitude
39[deg]15'29.27'' N, longitude
076[deg]26'45.36'' W, thence west to
latitude 39[deg]15'28.43'' N,
longitude 076[deg]26'54.94'' W,
thence north to and terminating at
the point of origin.
Aerobatics box. The aerobatics box is ................... ..................
a polygon in shape measuring
approximately 5,000 feet in length
by 1,000 feet in width. The area is
bounded by a line commencing at
position latitude 39[deg]16'01.2''
N, longitude 076[deg]27'05.7'' W,
thence east to latitude
39[deg]16'04.7'' N, longitude
076[deg]26'53.7'' W, thence south to
latitude 39[deg]15'16.9'' N,
longitude 076[deg]26'35.2'' W,
thence west to latitude
39[deg]15'13.7'' N, longitude
076[deg]26'47.2'' W, thence north to
and terminating at the point of
origin.
East Spectator Fleet Area. The area ................... ..................
is a polygon in shape measuring
approximately 2,200 yards in length
by 450 yards in width. The area is
bounded by a line commencing at
position latitude 39[deg]15'20.16''
N, longitude 076[deg]26'17.99'' W,
thence west to latitude
39[deg]15'17.47'' N, longitude
076[deg]26'27.41'' W, thence north
to latitude 39[deg]16'18.48'' N,
longitude 076[deg]26'48.42'' W,
thence east to latitude
39[deg]16'25.60'' N, longitude
076[deg]26'27.14'' W, thence south
to latitude 39[deg]15'40.90'' N,
longitude 076[deg]26'31.30'' W,
thence south to and terminating at
the point of origin.
[[Page 56211]]
Northwest Spectator Fleet Area. The ................... ..................
area is a polygon in shape measuring
approximately 750 yards in length by
150 yards in width. The area is
bounded by a line commencing at
position latitude 39[deg]16'01.64''
N, longitude 076[deg]27'11.62'' W,
thence south to latitude
39[deg]15'47.80'' N, longitude
076[deg]27'06.50'' W, thence
southwest to latitude
39[deg]15'40.11'' N, longitude
076[deg]27'08.71'' W, thence
northeast to latitude
39[deg]15'45.63'' N, longitude
076[deg]27'03.08'' W, thence
northeast to latitude
39[deg]16'01.19'' N, longitude
076[deg]27'05.65'' W, thence west to
and terminating at the point of
origin.
Southwest Spectator Fleet Area. The ................... ..................
area is a polygon in shape measuring
approximately 400 yards in length by
175 yards in width. The area is
bounded by a line commencing at
position latitude 39[deg]15'30.81''
N, longitude 076[deg]27'05.58'' W,
thence south to latitude
39[deg]15'21.06'' N, longitude
076[deg]26'56.14'' W, thence east to
latitude 39[deg]15'21.50'' N,
longitude 076[deg]26'52.59'' W,
thence north to latitude
39[deg]15'29.75'' N, longitude
076[deg]26'56.12'' W, thence west to
and terminating at the point of
origin.
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* * * * *
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2024-14929 Filed 7-8-24; 8:45 am]
BILLING CODE 9110-04-P
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