[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)]
[Rules and Regulations]
[Pages 49489-49492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21350]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0225]
RIN 1625-AA08


Special Local Regulation; Breton Bay, Leonardtown, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for certain waters of the Breton Bay. This action is 
necessary to provide for the safety of life on these navigable waters 
of Breton Bay, at Leonardtown, MD, on October 6, 2018, and October 7, 
2018. This regulation prohibits persons and vessels from entering the 
regulated area unless authorized by the Captain of the Port Maryland-
National Capital Region or the Coast Guard Patrol Commander.

DATES: This rule is effective from 7:30 a.m. on October 6, 2018 to 5:30 
p.m. on October 7, 2018. It will be enforced from 7:30 a.m. to 5:30 
p.m. on each of those days.

[[Page 49490]]


ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0225 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 MST2 Dane Grulkey, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone 410-576-2570, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
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 January 22, 2018, the Southern Maryland Boat Club notified the 
Coast Guard that it will be conducting the club's fall regatta from 8 
a.m. to 5 p.m. on October 6, 2018, and October 7, 2018. The regatta 
consists of approximately 40 boats participating in an exhibition of 
vintage outboard racing V-hull boats. The regatta is not a competition 
but rather a demonstration of the vintage race craft. Vessels may reach 
speeds of 90 mph. Hazards include risks of injury or death resulting 
from near or actual contact among participant vessels and spectator 
vessels or waterway users if normal vessel traffic were to interfere 
with the event.
    In response, on August 17, 2018, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled ``Special Local Regulation; Breton 
Bay, Leonardtown, MD'' (83 FR 41032). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this high-speed power boat racing event. During the comment period that 
ended September 17, 2018, 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 and contrary to the public interest 
because immediate action is needed to respond to the potential safety 
hazards associated with the regatta.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port (COTP) Maryland-National Capital Region 
has determined that potential hazards associated with the regatta will 
be a safety concern for anyone intending to participate in this event 
or for vessels that operate within specified waters of Breton Bay at 
Leonardtown, MD. The purpose of this rule is to protect marine event 
participants, spectators and transiting vessels on specified waters of 
Breton Bay 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 
August 17, 2018. There are no substantive changes in the regulatory 
text of this rule from the proposed rule in the NPRM.
    This rule establishes a temporary special local regulation to be 
enforced from 7:30 a.m. to 5:30 p.m. on October 6, 2018 and from 7:30 
a.m. to 5:30 p.m. on October 7, 2018. The regulated area covers all 
navigable waters within Breton Bay, from shoreline to shoreline, within 
an area bound by a line drawn along latitude 38[deg]16'43'' N; and 
bounded to the west by a line drawn along longitude 076[deg]38'29.5'' 
W, located at Leonardtown, MD. This rule provides additional 
information about designated areas within the regulated area, including 
``Race Area'', ``Buffer Zone'' and ``Spectator Area(s).'' The duration 
of the regulated area is intended to ensure the safety of event 
participants and vessels within the specified navigable waters before, 
during, and after the regatta, scheduled to occur between 8 a.m. to 5 
p.m. each day of the event. Except for participants, no vessel or 
person will be permitted to enter the regulated area without obtaining 
permission from the COTP Maryland-National Capital Region or the Coast 
Guard Patrol Commander.

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. Executive Order13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size and 
duration of the regulated area, which would impact a small designated 
area of Breton Bay during October 6-7, 2018, for a total of 20 
enforcement-hours. The Coast Guard will issue a Broadcast Notice to 
Mariners via marine band radio VHF-FM channel 16 about the status of 
the regulated area. Moreover, the rule will allow vessel operators to 
request permission to enter the regulated area for the purpose of 
safely transiting the regulated area if deemed safe to do so by the 
Coast Guard Patrol Commander.

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 0 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 
regulated area may be small entities, for the reasons stated in section 
V.A above, this proposed rule would 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

[[Page 49491]]

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 
Order13132.
    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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact 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 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 and Commandant Instruction M16475.1D, 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 
a special local regulation to be enforced a total of 20 hours over two 
days. This category of marine event water activities includes but is 
not limited to sail boat regattas, boat parades, power boat racing, 
swimming events, crew racing, canoe and sail board racing. It is 
categorically excluded from further review under paragraph L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Memorandum for Record for Categorically Excluded Actions supporting 
this determination is available in the docket where indicated under 
ADDRESSES.

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; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0225 to read as follows:


Sec.  100.501T05-0225  Special Local Regulation; Breton Bay, 
Leonardtown, 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 a Coast Guard commissioned, warrant or petty officer 
who has been authorized by the Captain of the Port to act on his 
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) Spectator means any person or vessel not registered with the 
event sponsor as a participant or an official patrol vessel.
    (5) Participant means any person or vessel participating in the 
Southern Maryland Boat Club Fall 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.
    (b) Regulated area. All coordinates reference Datum NAD 1983.
    (1) Coordinates. The following location is a regulated area: all 
navigable waters within Breton Bay, MD, immediately adjacent to 
Leonardtown, MD shoreline, from shoreline to shoreline, within an area 
bounded to the east by a line drawn along latitude 38[deg]16'43'' N and 
bounded to the west by a line drawn along longitude 076[deg]38'29.5'' 
W, located at Leonardtown, MD.
    (2) Race area. Located within the waters of Breton Bay, MD in an 
area bound by a line commencing at position latitude 38[deg]17'07.2'' 
N, longitude 076[deg]38'17.3'' W, thence southeast to latitude 
38[deg]16'55.3'' N, longitude 076[deg]37'48'' W, thence southwest to 
latitude 38[deg]16'50.1'' N, longitude 076[deg]37'51.3'' W, thence 
northwest to latitude 38[deg]17'01.9'' N, longitude 076[deg]38'21'' W, 
thence northeast to point of origin.
    (3) Buffer zone. Located within the waters of Breton Bay, MD. The 
area surrounds the entire race area described in the preceding 
paragraph of this section. This area is rectangular in shape and 
provides a buffer of approximately 125 yards around the perimeter of 
the race area. The area is bounded by a line commencing at position 
latitude 38[deg]17'12'' N, longitude 076[deg]38'19.6'' W; thence 
southeast to latitude 38[deg]16'57'' N, longitude 076[deg]37'40.5'' W; 
thence southwest to latitude 38[deg]16'44.8'' N, longitude 
076[deg]37'48.2'' W; thence northwest to latitude 38[deg]17'00.2'' N, 
longitude 076[deg]38'27.8'' W; thence northeast to point of origin.
    (4) Spectator areas--(i) Spectator area A. The area is bounded by a 
line

[[Page 49492]]

commencing at position latitude 38[deg]16'52.1'' N, longitude 
076[deg]38'14.2'' W; thence northeast to latitude 38[deg]16'54'' N, 
longitude 076[deg]38'12.5'' W; thence southeast to latitude 
38[deg]16'48.6'' N, longitude 076[deg]37'59.3'' W; thence south to 
latitude 38[deg]16'47.4'' N, longitude 076[deg]37'59.3'' W; thence 
northwest along the shoreline to point of origin.
    (ii) Spectator area B. The area is bounded by a line commencing at 
position latitude 38[deg]16'59.1'' N, longitude 076[deg]37'45.6'' W; 
thence southeast to latitude 38[deg]16'57.1'' N, longitude 
076[deg]37'40.2'' W; thence southwest to latitude 38[deg]16'54.3'' N, 
longitude 076[deg]37'41.9'' W; thence southeast to latitude 
38[deg]16'51.8'' N, longitude 076[deg]37'36.4'' W; thence northeast to 
latitude 38[deg]16'55.2'' N, longitude 076[deg]37'34.2'' W; thence 
northwest to latitude 38[deg]16'59.2'' N, longitude 076[deg]37'37.2'' 
W; thence west to latitude 38[deg]17'01.7'' N, longitude 
076[deg]37'43.7'' W; thence south to point of origin.
    (iii) Spectator area C. The area is bounded by a line commencing at 
position latitude 38[deg]16'47.2'' N, longitude 076[deg]37'54.8'' W; 
thence south to latitude 38[deg]16'43.3'' N, longitude 
076[deg]37'55.2'' W; thence east to latitude 38[deg]16'43.2'' N, 
longitude 076[deg]37'47.8'' W; thence north to latitude 
38[deg]16'44.7'' N, longitude 076[deg]37'48.5'' W; thence northwest to 
point of origin.
    (c) Special local regulations. (1) The Captain of the Port 
Maryland-National Capital Region or the 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.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (iii) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the race course.
    (3) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any participant, at any time it is deemed necessary 
for the protection of life or property.
    (4) The Race Area is an area described by a line bounded by 
coordinates provided in latitude and longitude that outlines the 
boundary of a Race Area within the regulated area defined in paragraph 
(b)(2) of this section. The actual placement of the race course will be 
determined by the marine event sponsor but must be located within the 
designated boundaries of the Race Area. Only participants and official 
patrol vessels are allowed to enter the Race Area.
    (5) The Buffer Zone is an area that surrounds the perimeter of the 
Race Area within the regulated area defined in paragraph (b)(3) of this 
section. The purpose of a Buffer Zone is to minimize potential 
collision conflicts with participants and spectators or nearby 
transiting vessels. This area provides separation between the Race Area 
and Spectator Area or other vessels that are operating in the vicinity 
of the regulated area defined in paragraph (b)(1) of this section. Only 
participants and official patrol vessels are allowed to enter the 
Buffer Zone.
    (6) The Spectator Area is an area described by a line bounded by 
coordinates provided in latitude and longitude that outlines the 
boundary of a spectator area within the regulated area defined in 
paragraph (b)(4) of this section. Spectators are only allowed inside 
the regulated area if they remain within the Spectator Area. All 
spectator vessels shall be anchored or operate at a no-wake speed while 
transiting within the Spectator Area. Spectators may contact the Coast 
Guard Patrol Commander to request permission to either enter the 
Spectator Area or pass through the regulated area. If permission is 
granted, spectators must enter the Spectator Area or pass directly 
through the regulated area as instructed at safe speed and without 
loitering.
    (7) 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). Persons and 
vessels desiring to transit, moor, or anchor within the regulated area 
must obtain authorization from Captain of the Port Maryland-National 
Capital Region or Coast Guard Patrol Commander. The Captain of the Port 
Maryland-National Capital Region can be contacted at telephone number 
410-576-2693 or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). 
The Coast Guard Patrol Commander can be contacted on Marine Band Radio, 
VHF-FM channel 16 (156.8 MHz).
    (8) 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.
    (d) Enforcement periods. This section will be enforced from 7:30 
a.m. to 5:30 p.m. on October 6, 2018, and from 7:30 a.m. to 5:30 p.m. 
on October 7, 2018.

    Dated: September 26, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-21350 Filed 10-1-18; 8:45 am]
BILLING CODE 9110-04-P