[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Rules and Regulations]
[Pages 18862-18865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08204]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0067]
RIN 1625-AA08


Special Local Regulation; Bush River, Harford County, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations for 
certain waters of the Bush River, including Otter Point Creek. This 
action is necessary to provide for the safety of life on these 
navigable waters located near Flying Point Park in Harford County, MD, 
during a high-speed power boat racing event on May 6, 2017, and May 7, 
2017. This rulemaking would

[[Page 18863]]

prohibit persons and vessels from being in the regulated area unless 
authorized by the Captain of the Port Maryland-National Capital Region 
or Coast Guard Patrol Commander.

DATES: This rule is effective from 11 a.m. on May 6, 2017, until 7 p.m. 
on May 7, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0067 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, Waterways Management Division, Sector 
Maryland-National Capital Region, U.S. Coast Guard; telephone 410-576-
2674, email [email protected].

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

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. 
Details of the proposed event were provided to the Coast Guard on March 
30, 2017. At this time, it would be impracticable to complete the full 
notice and comment process because this special local regulation must 
be established on May 6, 2017, and May 7, 2017.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Due to the date of the 
event, it would be impracticable to make the regulation effective 30 
days after publication in the Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233, which authorizes the Coast Guard to establish and define special 
local regulations. The Captain of the Port (COTP) Maryland-National 
Capital Region has determined that potential hazards associated with 
the power boat race would be a safety concern for anyone intending to 
operate within certain waters of the Bush River and Otter Point Creek 
in Harford County, MD. The purpose of this rulemaking is to protect 
event participants and transiting vessels on certain waters of the Bush 
River and Otter Point Creek before, during, and after the scheduled 
event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 11 a.m. until 
7 p.m. on May 6, 2017, and from 11 a.m. until 7 p.m. on May 7, 2017. 
The regulated area would cover all navigable waters of the Bush River, 
including 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. This rule provides additional 
information about areas within the regulated area, their definitions, 
and the restrictions that apply to mariners. The regulated areas 
include a ``Race Area'' and a ``Buffer Zone''.
    The enforcement and duration of the regulated area is intended to 
ensure the safety of vessels and the specified navigable waters before, 
during, and after the noon to 6 p.m. high-speed power boat races. 
Except for Flying Point Park Outboard Regatta participants, no vessel 
or person would be permitted to enter the regulated area without 
obtaining permission from the COTP Maryland-National Capital Region or 
Coast Guard Patrol Commander. The regulatory text we are proposing 
appears at the end of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    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 and Otter Point Creek for a 16 hour enforcement 
period. The Coast Guard would issue a Broadcast Notice to Mariners via 
VHF-FM marine channel 16 about the status of the regulated area. 
Moreover, the rule would allow vessels to request permission to enter 
the regulated area, and vessel traffic would be able to safely transit 
the regulated area once the Coast Guard Patrol Commander deems it safe 
to do so.

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

[[Page 18864]]

fields, and governmental jurisdictions with populations of less than 
50,000. 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 
regulated area 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 
contact 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 lasting for a total of 16 
hours. It is categorically excluded from further review under paragraph 
34(h) of Figure 2-1 of the Commandant Instruction. A Record of 
Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated in the ADDRESSES section of 
this preamble.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, 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: 33 U.S.C. 1233.


0
2. Add Sec.  100.501-T05-0067 to read as follows:


Sec.  100.501-T05-0067  Special Local Regulation; Bush River, Harford 
County, MD.

    (a) Definitions. (1) Captain of the Port Maryland--National Capital 
Region means the Commander, U.S. Coast Guard Sector Maryland--National 
Capital Region or any Coast Guard commissioned, warrant or petty 
officer who has been authorized by the Captain of the Port to act on 
their behalf.
    (2) Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the U.S. Coast Guard who has been designated by the 
Commander, Coast Guard Sector Maryland--National Capital Region.
    (3) 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.
    (4) Participant means all persons and vessels participating in the 
Flying Point Park Outboard Regatta event under the auspices of the 
Marine Event Permit issued to the event sponsor and approved by 
Commander, Coast Guard Sector Maryland--National Capital Region.
    (5) 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. Only event 
sponsor designated participants or designated participating vessels and 
official patrol vessels are allowed to enter the race area. Persons or 
vessel operators may request authorization to enter, transit through, 
anchor in, or remain within the regulated area by contacting the Patrol 
Commander on VHF-FM Channel 16.
    (6) Buffer Zone is a neutral area that surrounds the perimeter of 
the Race

[[Page 18865]]

Area within the regulated area described by this section. The purpose 
of a buffer zone is to minimize potential collision conflicts with 
marine event participants or race boats and nearby transiting vessels. 
This area provides separation between a Race Area and other vessels 
that may be operating in the vicinity of the regulated area established 
by the special local regulations.
    (b) Locations. The following locations are within the regulated 
area:
    (1) Regulated area. All navigable waters of the Bush River, 
including 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. All coordinates reference Datum 
NAD 1983.
    (2) Race Area. The race area is a polygon in shape measuring 
approximately 540 yards in length by 270 yards in width. The area is 
bounded by a line commencing at position latitude 39[deg]26'33.1'' N., 
longitude 076[deg]15'46.8'' W.; thence westerly to latitude 
39[deg]26'33.1'' N., longitude 076[deg]15'49.3'' W.; thence northerly 
to latitude 39[deg]26'37.1'' N., longitude 076[deg]15'52.4'' W.; thence 
northeasterly to latitude 39[deg]26'40.0'' N., longitude 
076[deg]15'52.5'' W.; thence easterly to latitude 39[deg]26'45.9'' N., 
longitude 076[deg]15'32.2'' W.; thence southeasterly to latitude 
39[deg]26'45.3'' N., longitude 076[deg]15'30.0'' W.; thence southerly 
to latitude 39[deg]26'43.8'' N., longitude 076[deg]15'29.1'' W.; thence 
southerly to latitude 39[deg]26'42.2'' N., longitude 076[deg]15'28.9'' 
W.; thence southwesterly to latitude 39[deg]26'40.8'' N., longitude 
076[deg]15'29.3'' W.; thence westerly terminating at point of origin.
    (3) Buffer Zone. The area surrounds the entire race area described 
in the preceding paragraph of this section. This area is a polygon in 
shape and provides a buffer around the perimeter of the race area. The 
area is bounded by a line commencing at the shoreline at Flying Point 
Park at position latitude 39[deg]26'31.9'' N., longitude 
076[deg]15'32.5'' W.; thence westerly to latitude 39[deg]26'30.5'' N., 
longitude 076[deg]15'52.7'' W.; thence northerly to latitude 
39[deg]26'39.9'' N., longitude 076[deg]16'00.0'' W.; thence easterly to 
latitude 39[deg]26'51.6'' N., longitude 076[deg]15'26.7'' W.; thence 
southerly to latitude 39[deg]26'37.0'' N., longitude 076[deg]15'22.5'' 
W.; thence southerly to latitude 39[deg]26'33.7'' N., longitude 
076[deg]15'22.8'' W., located at the shoreline at Flying Point Park.
    (c) Special local regulations: (1) The COTP or Coast Guard Patrol 
Commander may 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 shall immediately comply with the directions given. 
Failure to do so may result in expulsion from the area, citation for 
failure to comply, or both. The Coast Guard Patrol Commander may 
terminate the event, or the operation of any support vessel 
participating in the event, at any time it is deemed necessary for the 
protection of life or property.
    (2) Except for participants and vessels already at berth, all 
persons and vessels within the regulated area at the time it is 
implemented are to depart the regulated area.
    (3) Persons and vessels desiring to transit, moor, or anchor within 
the regulated area must obtain authorization from the Captain of the 
Port Maryland--National Capital Region or Coast Guard Patrol Commander. 
Prior to the enforcement periods, persons may request permission to 
transit, moor, or anchor within the regulated area, from Captain of the 
Port Maryland--National Capital Region at telephone number 410-576-2693 
or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). During the 
enforcement periods, to request permission to transit, moor, or anchor 
within the area, the Coast Guard Patrol Commander can be contacted on 
Marine Band Radio, VHF-FM channel 16 (156.8 MHz) for direction.
    (4) The Coast Guard may be assisted in the patrol and enforcement 
of the regulated area by other Federal, State, and local agencies. The 
Coast Guard Patrol Commander 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).
    (5) 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 date 
and times.
    (d) Enforcement periods. This section will be enforced from 11 a.m. 
until 7 p.m. on May 6, 2017, and from 11 a.m. until 7 p.m. on May 7, 
2017.

    Dated: April 19, 2017.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland--National 
Capital Region.
[FR Doc. 2017-08204 Filed 4-21-17; 8:45 am]
 BILLING CODE 9110-04-P