Proposed Rule2026-01560
Special Local Regulations; Marine Events Within the USCG East District
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Published
January 27, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to amend a special local regulation for certain waters of the Patapsco River, in Baltimore, MD by adding a new period during which this regulation would be subject to enforcement. This action is necessary to provide for the safety of life on these navigable waters during the 3rd and 4th weeks of June, during Fleet Week events. This rule would prohibit persons and vessels from entering the regulated area during this enforcement period unless authorized by the Captain of the Port Maryland-National Capital Region or the Coast Guard Patrol Commander.
Full Text
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<title>Federal Register, Volume 91 Issue 17 (Tuesday, January 27, 2026)</title>
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[Federal Register Volume 91, Number 17 (Tuesday, January 27, 2026)]
[Proposed Rules]
[Pages 3401-3403]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01560]
[[Page 3401]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-1108]
RIN 1625-AA08
Special Local Regulations; Marine Events Within the USCG East
District
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend a special local
regulation for certain waters of the Patapsco River, in Baltimore, MD
by adding a new period during which this regulation would be subject to
enforcement. This action is necessary to provide for the safety of life
on these navigable waters during the 3rd and 4th weeks of June, during
Fleet Week events. This rule would prohibit persons and vessels from
entering the regulated area during this enforcement period unless
authorized by the Captain of the Port Maryland-National Capital Region
or the Coast Guard Patrol Commander.
DATES: Comments and related material must be received by the Coast
Guard on or before February 26, 2026.
ADDRESSES: To submit comments and view available documents, go to
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2025-1108.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LCDR Kate Newkirk, U.S. Coast Guard
Sector Maryland-National Capital Region; telephone 410-576-2674, email
<a href="/cdn-cgi/l/email-protection#165d776273385b385873617d7f647d5663657571387b7f7a"><span class="__cf_email__" data-cfemail="b3f8d2c7d69dfe9dfdd6c4d8dac1d8f3c6c0d0d49ddedadf">[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 Coast Guard Patrol Commander
Sec. Section
SLR Special Local Regulation
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
``Historic Ships in Baltimore, Inc.'' is the sponsor of an event
titled ``Air Show Baltimore,'' which is held every two years in the
Patapsco River, including the Inner Harbor, in Baltimore, MD. To
address potential hazards arising from the event, the Coast Guard has
promulgated a Special Local Regulation (SLR) which is codified in 33
CFR 100.501. Normally, Air Show Baltimore is held on one four-day
(Thursday through Sunday) weekend in September or October. This year,
however, ``Historic Ships in Baltimore, Inc.,'' together with Fleet
Week 2026, and Sail250, Inc., all of Baltimore, MD, have notified the
Coast Guard that they will be conducting the Air Show Baltimore in
conjunction with a Fleet Week celebration from 12 noon to 4 p.m. daily
from June 24, 2026, to July 01, 2026.
The biennial air show consists of various types of military
aircraft performing low-flying, high-speed precision maneuvers and
aerial stunts. The U.S. Navy's Blue Angels flight demonstration
squadron aircraft will practice between 12 noon and 4 p.m. on June 24-
25, 2026, and all air show performers will conduct a full practice show
rehearsal will from 12 noon to 4 p.m. on June 25, 2026. The proposed
new enforcement period would begin two hours before and end two hours
after the hours during which air shows would be scheduled to occur.
III. Discussion of Proposed Rule
The existing SLR is subject to all the requirements which pertain
generally to SLRs in Sec. 100.501, as well as to specific requirements
set out in paragraph (h)(2) of that section. The regulated area, which
would not change, and periods during which the SLR are currently
subject to enforcement are set out in the first row of Table 2 to
paragraph (i)(2) of Sec. 100.501. The existing SLR is currently only
subject to enforcement on one of three four-day (Thursday through
Sunday) weekends in September or October on alternating years. The sole
purpose of the proposed rule would is to create a new enforcement
period, from 10 a.m. to 6 p.m. from June 24 to July 1.
Except for Air Show Baltimore participants and vessels already at
berth, a vessel or person would be required to get permission from the
COTP or PATCOM before entering the regulated area during the proposed
enforcement period. Vessel operators would request permission to enter
and transit through the regulated area by contacting the COTP or PATCOM
on VHF-FM channel 16. A person or vessel not registered with the event
sponsor as a participant or assigned as official patrols would be
considered a non-participant. Official Patrols are any vessel assigned
or approved by the Commander, Coast Guard Sector Maryland-National
Capital Region with a commissioned warrant, or petty officer on board
and displaying a Coast Guard ensign.
If permission is granted by the COTP or PATCOM, a non-participant
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 that minimizes wake while within the regulated area, in
a manner that would not endanger event participants or any other craft.
Official patrol vessels would direct non-participants while within the
regulated area. The air show aerobatics areas located within the
regulated areas is restricted to Air Show Baltimore participants.
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.
A. 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
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator. The Coast Guard will work
closely with small business entities to organize transit and minimize
impacts to business.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 rule would affect
your small business,
[[Page 3402]]
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 effects of this rule
elsewhere in this preamble.
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 32 hours. As events covered by
SLRs undergo an environmental analysis in conjunction with the
submission of a marine event permit, such actions are normally
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.
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 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-2025-1108 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 the docket. To view available documents, find
the docket as described in the previous paragraph, and then select
``Supporting & Related Material'' in the Document Type column. We will
post public comments in our online docket. Additional information is on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
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
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, 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. In Sec. 100.501, amend table 2 to paragraph (i)(2) by adding an
additional enforcement period (#4) to the third column of the first row
to read as follows:
[[Page 3403]]
Table 2 to Paragraph (i)(2)
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Enforcement
Event Regulated area period(s) \1\ Sponsor
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Air Show Baltimore................. Regulated area: All Biennial, even Historic Ships in Baltimore,
navigable waters of the years: 1. The 2nd Inc.
Patapsco River, within Thursday in
an area bounded by a September,
line connecting following a
position latitude Friday, Saturday
39[deg]16'00'' N, and Sunday; or 2.
longitude The Thursday,
076[deg]36'30'' W, Friday, Saturday
thence east to latitude and Sunday before
39[deg]16'00'' N, Columbus Day
longitude (observed); or 3.
076[deg]33'00'' W, The Thursday,
thence south to Friday, Saturday
latitude 39[deg]14'30'' and Sunday after
N, longitude Columbus Day
076[deg]33'00'' W, (observed); or 4.
thence west to latitude from 10 a.m. to 6
39[deg]14'30'' N, p.m from June 24
longitude to July 1.
076[deg]36'30'' W,
thence north to point
of origin, located
between Port Covington
and Seagirt Marine
Terminal, Baltimore,
MD. Spectator Area: All
navigable waters of
Patapsco River located
between the northern
boundary defined by a
line drawn from the
vicinity of North
Locust Point Marine
Terminal, Pier 1 thence
east to Canton
Industrial area, Pier
5; the south boundary
is defined by a line
drawn from vicinity of
Whetstone Point thence
east to Lazaretto
Point. This area is
located generally where
Northwest Harbor, East
Channel joins Patapsco
River, Fort McHenry
Channel, near Fort
McHenry National
Monument, Baltimore,
MD. This area is bound
by a line to the north
commencing at position
latitude 39[deg]16'01''
N, longitude
076[deg]34'46'' W,
thence east to latitude
39[deg]16'01'' N,
longitude
076[deg]34'09'' W, and
bound by a line to the
south commencing at
position latitude
39[deg]15'39'' N,
longitude
076[deg]35'23'' W,
thence east to latitude
39[deg]15'26'' N,
longitude
076[deg]34'03'' W. This
spectator area is
restricted to certain
vessels as described in
this paragraph (i)(2).
* * * * * * *
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Dated: January 22, 2026.
Patrick C Burkett,
Captain, U.S. Coast Guard, Captain of the Port, Maryland-National
Capital Region.
[FR Doc. 2026-01560 Filed 1-26-26; 8:45 am]
BILLING CODE 9110-04-P
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