[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Proposed Rules]
[Pages 30851-30854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12168]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0214]
RIN 1625-AA08


Special Local Regulation; Breton Bay, McIntosh Run, Leonardtown, 
MD

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish special local 
regulations for certain waters of Breton Bay and McIntosh Run. This 
action is necessary to provide for the safety of life on these 
navigable waters located at Leonardtown, MD, during a high-speed power 
boat demonstration event on July 31, 2021, and August 1, 2021. 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 the Event 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 June 25, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0214 using the Federal eRulemaking Portal at https://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 MST1 Shaun Landante, 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
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Southern Maryland Boat Club of Leonardtown, MD, has notified 
the Coast Guard that it will be conducting the Southern Maryland Boat 
Club Wharf Summer Regatta from 9:30 a.m. to 4 p.m. on July 31, 2021, 
and from 10:15 a.m. to 4 p.m. on August 1, 2021. The high-speed boat 
event consists of approximately 50 participating vintage and historic 
race boats--including runabouts, v-bottoms, tunnel hulls, and 
hydroplanes--12 to 21 feet in length. The boats will be participating 
in an exhibition, operating in heats along a marked racetrack-type 
course 1 mile in length and 150 feet in width, located in Breton Bay 
and McIntosh Run at Leonardtown, MD. The Regatta is not a competition, 
but rather a demonstration of the vintage race craft. Hazards from the 
high-speed power boat demonstration 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 landings. The 
Captain of the Port (COTP) Maryland-National Capital Region has 
determined that potential hazards associated with the high-speed power 
boat event would be a safety concern for anyone intending to operate 
within certain waters of Breton Bay and McIntosh Run at Leonardtown, 
MD, operating in or near the event area.
    The purpose of this rulemaking is to protect event participants, 
non-participants, and transiting vessels before, during, and after the 
scheduled event. The Coast Guard proposes this rulemaking under 
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).
    The Coast Guard is requesting that interested parties provide 
comments within a shortened comment period of 15 days instead of the 
more typical 30 days for this notice of proposed rulemaking. The Coast 
Guard believes the 15-day comment period still provides for a 
reasonable amount of time for interested parties to review the

[[Page 30852]]

proposal and provide informed comments on it while also ensuring that 
the Coast Guard has time to review and respond to any significant 
comments and has final rule in effect in time for the scheduled event.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish 
special local regulations from 7 a.m. on July 31, 2021, through 6 p.m. 
on August 1, 2021. The special local regulation would be enforced from 
7 a.m. through 6 p.m. on July 31st and 7 a.m. through 6 p.m. on August 
1st. The regulated area would cover all navigable waters of Breton Bay 
and McIntosh Run, immediately adjacent to Leonardtown, MD, within an 
area bounded by lines drawn shoreline to shoreline, to the south along 
latitude 38[deg]16'43'' N and to the west along longitude 
076[deg]38'30'' W.
    This proposed rule provides additional information about areas 
within the regulated area, and the restrictions that would apply to 
mariners. These areas include a ``Race area'', ``Buffer area'', 
``Milling area'' and ``Spectator area''. They lie within an area 
bounded to the south by a line drawn along latitude 38[deg]16'43'' N 
and bounded to the west by a line drawn along longitude 076[deg]38'30'' 
W, located in Breton Bay and McIntosh Run, at Leonardtown, MD.
    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 
event, scheduled from 9:30 a.m. until 4 p.m. on July 31, 2021, and from 
10:15 a.m. until 4 p.m. on August 1, 2021. The COTP and the Coast Guard 
Event Patrol Commander (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 
Event 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.
    Except for Southern Maryland Boat Club Regatta participants and 
vessels already at berth, a vessel or person would be required to get 
permission from the COTP or Event PATCOM before entering the regulated 
area. Vessel operators can request permission to enter and transit 
through the regulated area by contacting the Event PATCOM on VHF-FM 
channel 16. Vessel traffic would be able to safely transit the 
regulated area once the Event PATCOM deems it safe to do so. 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.
    If permission is granted by the COTP or Event 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 would direct everyone other than 
participants while within the regulated area. Spectators are only 
allowed inside the regulated area if they remain within a designated 
spectator area. Only participants and official patrols are allowed 
within the race area and milling area.
    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. 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).
    This regulatory action determination is based on size, duration and 
time of year of the regulated area, which would impact a small 
designated area of Breton Bay and McIntosh Run for 22 total enforcement 
hours. This waterway supports mainly recreational vessel traffic, which 
at its peak, occurs during the summer season. Although this regulated 
area extends across the entire width of the waterway, the rule would 
allow vessels and persons to seek permission to enter the regulated 
area, and vessel traffic able to do so safely would be able to transit 
the regulated are as instructed by Event PATCOM. Such vessels must 
operate at safe speed that minimizes wake and not loiter within the 
navigable channel while within the regulated area. Moreover, the Coast 
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the status of the regulated area.

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 
safety zone 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 call or email 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

[[Page 30853]]

(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 call or email 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, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
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 of waterway users and shore 
side activities in the event area lasting for eight hours. Normally 
such actions are categorically excluded from further review under 
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. For instructions on locating the docket, see the 
ADDRESSES section of this preamble. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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 https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. We review all comments received, but we will only post 
comments that address the topic of the proposed rule. We may choose not 
to post off-topic, inappropriate, or duplicate comments that we 
receive. 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 is 
proposing 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:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T05-0214 to read as follows:


Sec.  100.T05-0214   Southern Maryland Boat Club Leonardtown Regatta, 
Breton Bay, McIntosh Run, Leonardtown, MD.

    (a) Locations. All coordinates reference Datum NAD 1983.
    (1) Regulated area. All navigable waters of Breton Bay and McIntosh 
Run, 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]38'30'' W, located at Leonardtown, MD. The locations 
in paragraphs (a)(2) through (5) of this section are within the 
regulated area.
    (2) Race area. The area is bounded by a line commencing at position 
latitude 38[deg]17'09.78'' N, longitude 076[deg]38'22.71'' W; thence 
southeasterly to latitude 38[deg]16'58.62'' N, longitude 
076[deg]37'50.91'' W; thence southwesterly to latitude 
38[deg]16'51.89'' N, longitude 076[deg]37'55.82'' W; thence 
northwesterly to latitude 38[deg]17'05.44'' N, longitude 
076[deg]38'27.20'' W; thence northeasterly terminating at point of 
origin.
    (3) Buffer area. The area surrounds the entire race area described 
in paragraph (a)(2) of this section. The area is bounded by a line 
commencing at the shoreline west of Leonardtown Wharf Park at position 
latitude 38[deg]17'13.80'' N, longitude 076[deg]38'24.72'' W; thence 
easterly to latitude 38[deg]16'58.61'' N, longitude 076[deg]37'44.29'' 
W; thence southerly to latitude 38[deg]16'46.35'' N, longitude 
076[deg]37'52.54'' W; thence westerly to latitude 38[deg]16'58.78'' N, 
longitude 076[deg]38'26.63'' W; thence northerly to latitude 
38[deg]17'07.50'' N, longitude 076[deg]38'30.00'' W; thence 
northeasterly terminating at point of origin.
    (4) Milling area. The area is bounded by a line commencing at the 
shoreline east of Leonardtown Wharf Parkat position latitude 
38[deg]17'10.07'' N, longitude 076[deg]38'14.87'' W; thence

[[Page 30854]]

easterly and southerly along the shoreline to latitude 
38[deg]17'01.54'' N, longitude 076[deg]37'52.24'' W; thence westerly 
terminating at point of origin.
    (5) Spectator area--(i) Northeast spectator fleet area. The area is 
bounded by a line commencing at position latitude 38[deg]16'59.10'' N, 
longitude 076[deg]37'45.60'' W, thence northeasterly to latitude 
38[deg]17'01.76'' N, longitude 076[deg]37'43.71'' W, thence 
southeasterly to latitude 38[deg]16'59.23'' N, longitude 
076[deg]37'37.25'' W, thence southwesterly to latitude 
38[deg]16'53.32'' N, longitude 076[deg]37'40.85'' W, thence 
northwesterly to latitude 38[deg]16'55.48'' N, longitude 
076[deg]37'46.39'' W, thence northeasterly to latitude 
38[deg]16'58.61'' N, longitude 076[deg]37'44.29'' W, thence 
northwesterly to point of origin.
    (ii) Southeast spectator fleet area. The area is bounded by a line 
commencing at position latitude 38[deg]16'47.20'' N, longitude 
076[deg]37'54.80'' W, thence southerly to latitude 38[deg]16'43.30'' N, 
longitude 076[deg]37'55.20'' W, thence easterly to latitude 
38[deg]16'43.20'' N, longitude 076[deg]37'47.80'' W, thence northerly 
to latitude 38[deg]16'44.80'' N, longitude 076[deg]37'48.20'' W, thence 
northwesterly to point of origin.
    (iii) South spectator fleet area. The area is bounded by a line 
commencing at position latitude 38[deg]16'55.36'' N, longitude 
076[deg]38'17.26'' W, thence southeasterly to latitude 
38[deg]16'50.39'' N, longitude 076[deg]38'03.69'' W, thence southerly 
to latitude 38[deg]16'48.87'' N, longitude 076[deg]38'03.68'' W, thence 
northwesterly to latitude 38[deg]16'53.82'' N, longitude 
076[deg]38'17.28'' W, thence northerly to point of origin.
    (b) Definitions. As used in this section:
    Buffer area 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 area 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 specified spectator areas or other vessels that are operating 
in the vicinity of the regulated area established by the special local 
regulations in this section.
    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.
    Event Patrol Commander or Event 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.
    Milling area is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of a 
milling area within the regulated area defined by this section. The 
area is used before a demonstration start to warm up the boats engines.
    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 Southern Maryland Boat Club Leonardtown 
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 
high-speed power boat demonstration 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 and is present 
with the purpose of observing the event.
    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 section.
    (c) Special local regulations. (1) The COTP Maryland-National 
Capital Region or Event 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 shall 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 Event PATCOM may terminate the event, or a participant's operations 
at any time the COTP Maryland-National Capital Region or Event 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 Event PATCOM to request permission 
to either enter or pass through the regulated area. The Event 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 must 
pass directly through the regulated area as instructed by Event PATCOM. 
A vessel within the regulated area must operate at safe speed that 
minimizes wake.
    (4) Only participant vessels and official patrol vessels are 
allowed to enter the race area and milling area.
    (5) Only participant vessels and official patrol vessels are 
allowed to enter and transit directly through the buffer area, in order 
to arrive at or depart from the race area.
    (6) A person or vessel that desires to transit, moor, or anchor 
within the regulated area must 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).
    (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 period. This section will be enforced from 7 a.m. 
to 6 p.m. on July 31, 2021, and from 7 a.m. to 6 p.m. on August 1, 
2021.

    Dated: June 4, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2021-12168 Filed 6-9-21; 8:45 am]
BILLING CODE 9110-04-P