Rule2025-06374
Special Local Regulation; Bush River and Otter Point Creek; Between Perryman, MD and Edgewood, MD
Primary source
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Published
April 15, 2025
Effective
April 15, 2025
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 3, 2025, and May 4, 2025. 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 90 Issue 71 (Tuesday, April 15, 2025)</title>
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[Federal Register Volume 90, Number 71 (Tuesday, April 15, 2025)]
[Rules and Regulations]
[Pages 15650-15653]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06374]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0264]
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 3, 2025, and May 4, 2025. 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 without actual notice from April 15, 2025
through 7 p.m. on May 4, 2025. It will only be subject to enforcement,
however, from 9 a.m. through 7 p.m. on each of the two days the rule is
in effect. For the purposes of enforcement, actual notice will be used
from 9 a.m. on May 3, 2025, until April 15, 2025.
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-
2025-0264 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 LCDR Kate Newkirk, Sector Maryland-NCR, Waterways
Management Division, U.S. Coast Guard: telephone 410-576-2596, email
<a href="/cdn-cgi/l/email-protection#b1fcf5fff2e3e6d0c5d4c3c6d0c8c2f1c4c2d2d69fdcd8dd"><span class="__cf_email__" data-cfemail="8dc0c9c3cedfdaecf9e8fffaecf4fecdf8feeeeaa3e0e4e1">[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
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Kent Narrows Racing Association applied for a permit under 33
CFR 100.15 to conduct the Harford County Spring Nationals Inboard
Hydroplane Race on May 3, 2025, and May 4, 2025, from 10 a.m. to 6 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. Following the
approval of a permit, the COTP may issue special local regulations
under 33 CFR 100.35, as the Coast Guard is doing in the form of this
temporary final rule.
The Coast Guard is issuing this temporary rule under procedural
authority in 5 U.S.C. 553(b)(B). This statutory provision authorizes an
agency to issue a rule without prior notice and opportunity to comment
when the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.'' The
Coast Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable to provide notice, consider any comments received, and
publish a final rule by May 3, 2025, when the rule must be in place to
address the potential safety hazards associated with the high-speed
power boat race.
Also, 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. There are fewer than 30 days
between now and May 3, making a 30-day delay in the effective date
impracticable if the rule is to serve its purpose of addressing to the
potential safety hazards associated with the high-speed power boat
race.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP has determined that potential hazards associated with
the power boat race 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 the Rule
This rule establishes a regulated area from 9 a.m. on May 3, 2025,
through 7 p.m. on May 4, 2025. Although it will be in effect during
that period, it will only be enforced from 9 a.m. to 7 p.m. on May 3,
2025, and from 9 a.m. to 7 p.m. on May 4, 2025. 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
[[Page 15651]]
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 January 26, 2025. This map is available in
the docket. For instructions on locating the docket, see the ADDRESSES
section of this preamble.
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 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 if able to do so safely, vessel traffic 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 analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules not
subject to notice and comment. As the Coast Guard has, for good cause,
waived the notice and comment requirement that would otherwise apply to
this rulemaking, the Regulatory Flexibility Act's flexibility analysis
provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have Tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
[[Page 15652]]
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
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.
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.T599-0319 to read as follows:
Sec. 100.T599-0319 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 race area, buffer area, and spectator area are
within the regulated 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 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.
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
[[Page 15653]]
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 3, 2025, and from 9 a.m. to 7 p.m. on May 4, 2025.
Dated: April 8, 2025.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2025-06374 Filed 4-14-25; 8:45 am]
BILLING CODE 9110-04-P
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