[Federal Register Volume 84, Number 76 (Friday, April 19, 2019)]
[Rules and Regulations]
[Pages 16402-16406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07910]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for certain navigable waters of the Bush River and Otter 
Point Creek. This action is necessary to provide for the safety of life 
on these waters located at Edgewood, Harford County, MD, on May 11, 
2019, and May 12, 2019, during a high-speed power boat racing event. 
This regulation prohibits 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 9:30 a.m. on May 11, 2019 to 6:30 
p.m. on May 12, 2019. This rule 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.

[[Page 16403]]


ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0083 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, 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 Information and Regulatory History

    The Carolina-Virginia Racing Association of Havre de Grace, MD, 
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. In response, on March 4, 2019, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled ``Special 
Local Regulation; Bush River and Otter Point Creek, Harford County, 
MD'' (84 FR 7310). There we stated why we issued the NPRM and invited 
comments on our proposed regulatory action related to this power boat 
racing race. During the comment period that ended April 3, 2019, we 
received one comment.
    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. Due to the date of the event, it 
would be impracticable to make the regulation effective 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule is impracticable and contrary to public interest because it 
would delay the safety measures necessary to respond to potential 
safety hazards associated with this marine event. Immediate action is 
needed to protect participants, spectators, and other persons and 
vessels during the high-speed race event on these navigable waters.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Captain of the Port Maryland-National Capital Region (COTP) 
has determined that potential hazards associated with the power boat 
racing event will be a safety concern for anyone intending to operate 
in or near the event area. The purpose of this rule is to protect event 
participants, spectators, and transiting vessels on specified waters of 
the Bush River and Otter Point Creek before, during, and after the 
scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one public submission to the docket 
responding to our NPRM published March 4, 2019. We thank the commenter 
for taking time to review the NPRM and submitting a comment regarding 
this action.
    The comment was in support of the Coast Guard's rulemaking. 
However, the commenter stated that because high-speed power boats will 
pass a certain area, the Coast Guard should make sure to inform the 
public, especially residents around that area.
    Patrol vessels assigned by the COTP Maryland-National Capital 
Region will be present to monitor the event and enforce the special 
local regulation. In addition, the COTP Maryland-National Capital 
Region will notify the public of the specific enforcement times of the 
regulated area by all appropriate means to affect the widest publicity 
among the affected segments of the public, including publishing a 
notice in the Federal Register and an article in the Local Notice to 
Mariners. Broadcast Notice to Mariners will also be made for this 
event, to begin prior to that start of the scheduled event, and to 
continue to notify the public, until immediately after its completion.
    There are no changes in the regulatory text of this rule from that 
proposed in the NPRM.
    This rule establishes a special local regulation 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 will 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. The 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 power boat racing event, scheduled from 10 a.m. until 6 
p.m. on May 11, 2019, and May 12, 2019.
    Except for participants and vessels already at berth, a person or 
vessel within the regulated area at the start of enforcement of this 
regulation must immediately depart the regulated area. 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 VHF-FM channel 16, or the PATCOM on VHF-FM 
channel 16 and channel 22A. A vessel within the regulated area must 
operate at safe speed that minimizes wake. A person or vessel not 
registered with the event sponsor as a participant or assigned as 
Official Patrols would be considered a spectator. 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. Official Patrols 
enforcing this regulated area can be contacted on VHF-FM channel 16 and 
channel 22A. 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 spectator vessel must not loiter within 
the navigable channel while within the regulated area. Official Patrols 
will direct spectator vessels to the designated spectator area. All 
spectator vessels within the designated spectator area must be anchored 
or operate at a No Wake Speed while within the designated spectator 
area. Only participants and Official Patrols are 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 date 
and times.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses

[[Page 16404]]

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 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), 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 will impact a small 
designated area of the Bush River and Otter Point Creek for 18 total 
enforcement hours. The Coast Guard will issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the status of the regulated 
area. Moreover, the rule will allow vessels to seek permission to enter 
the regulated area, and vessel traffic will be able to safely transit 
the regulated area once the COTP or 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 received no 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 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 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. 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 
implementation of regulations within 33 CFR part 100 applicable to 
organized marine events on the navigable waters of the United States. 
The temporary regulated area will be in effect for 33 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. 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: 46 U.S.C. 70041; 33 CFR 1.05-1.


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

[[Page 16405]]

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 
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-

[[Page 16406]]

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: April 15, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2019-07910 Filed 4-18-19; 8:45 am]
BILLING CODE 9110-04-P