[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Proposed Rules]
[Pages 7310-7313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03781]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0083]
RIN 1625-AA08


Special Local Regulation; Bush River and Otter Point Creek, 
Harford County, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local 
regulations for certain waters of the Bush River and Otter Point Creek. 
This action is necessary to provide for the safety of life on these 
navigable waters located at Edgewood, Harford County, MD, during a 
high-speed power boat racing event on May 11, 2019, and May 12, 2019. 
This proposed rulemaking would 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. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 3, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0083 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mr. Ron Houck, U.S. Coast Guard 
Sector Maryland-National Capital Region; 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
PATCOM Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Carolina-Virginia Racing Association of Havre de Grace, MD has 
notified the Coast Guard that it will be conducting the Flying Point 
Park Outboard Regatta from 10 a.m. to 6 p.m. on May 11, 2019, and from 
10 a.m. to 6 p.m. on May 12, 2019. The high-speed power boat racing 
event consists of approximately 60 participating outboard hydroplane 
and runabout race boats of various classes, 9 to 14 feet in length, 
with 4 to 12 boats racing in 3-lap heats, along a designated, marked 
racetrack-type course located in Bush River and Otter Point Creek at 
Edgewood, Harford County, MD. Hazards from the power boat racing event 
include participants operating within and adjacent to designated 
navigation channels and interfering with vessels intending to operate 
within those channels, as well as operating within approaches to local 
public boat ramps, private marinas and yacht clubs, and waterfront 
businesses. The Captain of the Port (COTP) Maryland-National Capital 
Region has determined that potential hazards associated with the power 
boat racing event would be a safety concern for anyone intending to 
operate within certain waters of Bush River and Otter Point Creek in 
Harford County, MD, operating in or near the event area.
    The purpose of this rulemaking is to protect event participants, 
spectators and transiting vessels on certain waters of Bush River and 
Otter Point Creek before, during, and after the scheduled event. The 
Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1233, 
which authorizes the Coast Guard to establish and define special local 
regulations.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish 
special local regulations to be enforced from 9:30 a.m. to 6:30 p.m. on 
May 11, 2019, and from 9:30 a.m. to 6:30 on May 12, 2019. The regulated 
area would cover all navigable waters of the 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.
    This proposed rule provides additional information about areas 
within the regulated area, their definitions, and the restrictions that 
would apply. These areas include a ``Race Area'', ``Buffer Zone'' and 
``Spectator Area''.
    The proposed duration of the special local regulations and size of 
the regulated area are intended to ensure the safety of life on these 
navigable waters before, during, and after the high-speed power boat 
races, scheduled from 10 a.m. until 6 p.m. on May 11, 2019, and May 12, 
2019. The COTP and PATCOM would 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 would be required to immediately 
comply with the directions given by the COTP or Coast Guard Patrol 
Commander (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. 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.
    Except for Flying Point Park Outboard Regatta 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. 
Vessel operators can request permission to enter and transit through 
the regulated area by contacting

[[Page 7311]]

the PATCOM on VHF-FM channel 16. Vessel traffic would be able to safely 
transit the regulated area once the PATCOM deems it safe to do so.
    If permission is granted by the COTP or PATCOM, a person or vessel 
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. 
Official patrol vessels will direct spectator vessels while within the 
regulated area. Vessels would be prohibited from loitering within the 
navigable channel. Only participant vessels and official patrol vessels 
would be allowed to enter the race area. A person or vessel not 
registered with the event sponsor as a participant or assigned as 
official patrols would be considered a spectator. Spectators are only 
allowed inside the regulated area if they remain within the designated 
spectator area. All spectator vessels must be anchored or operate at a 
No Wake Speed within the designated spectator area. Official patrol 
vessels will direct spectator vessels to the spectator area. Spectators 
must contact the Coast Guard Patrol Commander to request permission to 
pass through the regulated area. If permission is granted, spectators 
must pass directly through the regulated area at safe speed and without 
loitering.
    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 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 Order 13771 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, duration 
and time of year of the regulated area, which would impact a small 
designated area of the Bush River and Otter Point Creek for 18 total 
enforcement hours. 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 seek permission to 
enter the regulated area, and vessel traffic would be able to safely 
transit the regulated area once the PATCOM 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 
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 
regulated area 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.
    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, 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. 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 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 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 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 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

[[Page 7312]]

of waterway users and shore side activities in the event area lasting 
for 18 hours. Normally such actions are categorically excluded from 
further review under paragraph L[61] of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed 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.

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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
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:  33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0083 to read as follows:


Sec.  100.501T05-0083  Special Local Regulation; Bush River and Otter 
Point Creek, Harford County, MD.

    (a) 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 zone is to minimize potential collision conflicts 
with marine event participants or race boats and spectator vessels or 
nearby transiting vessels. This area provides separation between a Race 
Area and a specified Spectator Area or other vessels that are operating 
in the vicinity of the regulated area established by the special local 
regulations.
    Captain of the Port (COTP) 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 COTP to act on his behalf.
    Coast Guard Patrol Commander (PATCOM) 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.
    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 a person or vessel registered with the event 
sponsor as participating in the Flying Point Park Outboard Regatta or 
otherwise designated by the event sponsor as having a function tied to 
the event.
    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 participants or assigned as official patrols.
    Spectator Area is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of a 
spectator area within the regulated area defined by this part.
    (b) Locations. All coordinates reference 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 following locations are within the regulated 
area:
    (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 buffer zone 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.
    (4) Spectator Area. The designated spectator area is a polygon in 
shape and is bounded by a line commencing at position latitude 
39[deg]26'39.9'' N, longitude 076[deg]15'23.3'' W; thence east to

[[Page 7313]]

latitude 39[deg]26'39.6'' N, longitude 076[deg]15'19.4'' W; thence 
south to latitude 39[deg]26'36.6'' N, longitude 076[deg]15'18.7'' W; 
thence west to latitude 39[deg]26'37.0'' N, longitude 076[deg]15'22.5'' 
W; thence north to point of origin.
    (c) Special local regulations: (1) The COTP Maryland-National 
Capital Region or PATCOM 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 must 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 PATCOM 
may terminate the event, or a participant's operations at any time the 
COTP Maryland-National Capital Region or 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 PATCOM to request permission to 
either enter or pass through the regulated area. The PATCOM, 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). If permission is granted, the spectator may enter the 
designated Spectator Area or must pass directly through the regulated 
area as instructed by 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) A person or vessel that desires to transit, moor, or anchor 
within the regulated area must first obtain authorization from the COTP 
Maryland-National Capital Region or 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 PATCOM on Marine Band Radio, VHF-FM 
channel 16 (156.8 MHz).
    (5) Only participant vessels and official patrol vessels are 
allowed to enter the race area.
    (6) Spectators are only allowed inside the regulated area if they 
remain within the designated spectator area. All spectator vessels must 
be anchored or operate at a No Wake Speed within the designated 
spectator area. Official patrol vessels will direct spectator vessels 
to the spectator area. Spectators must contact the Coast Guard Patrol 
Commander to request permission to pass through the regulated area. If 
permission is granted, spectators must pass directly through the 
regulated area at safe speed and without loitering.
    (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 date 
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 periods. This section will be enforced from 9:30 
a.m. to 6:30 p.m. on May 11, 2019, and, from 9:30 a.m. to 6:30 p.m. on 
May 12, 2019.

    Dated: February 26, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2019-03781 Filed 3-1-19; 8:45 am]
BILLING CODE 9110-04-P