[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]
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