[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Rules and Regulations]
[Pages 35604-35606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14361]



[[Page 35604]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0292]
RIN 1625-AA08


Special Local Regulation; Back River, Baltimore County, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing temporary special local 
regulations for certain waters of Back River. This action is necessary 
to provide for the safety of life on these navigable waters located in 
Baltimore County, MD, during activities associated with an air show 
event from July 9, 2021, through July 11, 2021. This regulation 
prohibits persons and vessels from entering the regulated area unless 
authorized by the Captain of the Port Maryland-National Capital Region 
or the Coast Guard Event Patrol Commander.

DATES: This rule is effective from 4 p.m. on July 9, 2021, through 4 
p.m. on July 11, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0292 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the 
Document Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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 Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 21, 2021, Tiki Lee's Dock Bar of Sparrows Point, MD, and 
David Schultz Airshows, LLC of Clearfield, PA, notified the Coast 
Guard, it will be conducting the 1st Annual Shootout on the River 
Airshow--Sparrows Point in Back River, between Lynch Point and Walnut 
Point, in Baltimore County, MD on July 10, 2021, and July 11, 2021. In 
response, on May 27, 2021, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled ``Special Local Regulation; Back 
River, Baltimore County, MD'' (86 FR 28516). There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory action 
related to this fireworks display. During the comment period that ended 
June 11, 2021, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. 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 would be impracticable and contrary to the public interest 
because it would delay the safety measures necessary to respond to 
potential safety hazards associated with this marine event. Hazards 
from the air show include risks of injury or death resulting from 
aircraft accidents, dangerous projectiles, hazardous materials spills, 
falling debris, and near or actual contact among participants and 
spectator vessels or waterway users if normal vessel traffic were to 
interfere with the event. Additionally, such hazards include 
participants operating near a designated navigation channel, as well as 
operating adjacent to waterside residential communities. Immediate 
action is needed to protect participants, spectators, and other persons 
and vessels during the air show 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 air show 
being held from July 9, 2021, through July 11, 2021, will be a safety 
concern for anyone intending to operate within certain waters of Back 
River in Baltimore County, MD, operating in or near the event area.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published May 
27, 2021. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes special local regulations from 4 p.m. on July 
9, 2021, through 4 p.m. on July 11, 2021. The regulated area will cover 
all navigable waters of Back River, within an area bounded by a line 
connecting the following points: From the shoreline at Lynch Point at 
latitude 39[deg]14'46'' N, longitude 076[deg]26'23'' W, thence 
northeast to Porter Point at latitude 39[deg]15'13'' N, longitude 
076[deg]26'11'' W, thence north along the shoreline to Walnut Point at 
latitude 39[deg]17'06'' N, longitude 076[deg]27'04'' W, thence 
southwest to the shoreline at latitude 39[deg]16'41'' N, longitude 
076[deg]27'31'' W, thence south along the shoreline to the point of 
origin, located in Baltimore County, MD. This rule provides additional 
information about areas within the regulated area and their 
definitions. These areas include ``Aerobatics Box'' and ``Spectator 
Area.'' The size of the regulated area and duration of the special 
local regulations are intended to ensure the safety of life on these 
navigable waters before, during, and after activities associated with 
the air show, scheduled from 5 p.m. to 6 p.m. on July 9, 2021, and from 
2 p.m. to 3 p.m. both days on July 10, 2021, and July 11, 2021. The 
COTP and the Coast Guard Event Patrol Commander (PATCOM) will 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 will 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 1st Annual Shootout on the River Airshow--Sparrows Point 
participants and vessels already at berth, a vessel or person will be 
required to get permission from the COTP or Event PATCOM before 
entering the regulated area. Vessel operators will be able to request 
permission to enter and transit through the regulated area by 
contacting the Event PATCOM on VHF-FM channel 16. Vessel traffic will 
be able to safely transit the regulated area once the Event PATCOM 
deems it safe to do so. 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 
will 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

[[Page 35605]]

this regulated area can be contacted on VHF-FM channel 16 and channel 
22A.
    If permission is granted by the COTP or Event PATCOM, a person or 
vessel will be allowed to enter the regulated area or pass directly 
through the regulated area as instructed. Vessels will be required to 
operate at a safe speed that minimizes wake while within the regulated 
area. A spectator vessel must not loiter within the navigable channel 
while within the regulated area. Official patrol vessels will direct 
spectators to the designated spectator area. Only participant vessels 
will be allowed to enter the aerobatics box. 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 dates and times.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. 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).
    This regulatory action determination is based on the location, size 
and duration of the regulated area, which will impact a small 
designated area of Back River for 9 total enforcement hours. This 
waterway supports mainly recreational vessel traffic, which at its 
peak, occurs during the summer season. 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 Event 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 
safety zone 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 
call or email 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.

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, 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 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 
that could negatively impact the safety of waterway users and shore 
side activities in the event area lasting for 9 total enforcement 
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. 1. A Memorandum for the Record supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble.

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

[[Page 35606]]

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. 70034 ; 33 CFR 1.05-1.


0
2. Add Sec.  100.501T05-0292 to read as follows:


Sec.  100.501T05-0292  1st Annual Shootout on the River Airshow--
Sparrows Point, Back River, Baltimore County, MD.

    (a) Locations. All coordinates are based on datum WGS 1984. (1) 
Regulated area. All navigable waters of Back River, within an area 
bounded by a line connecting the following points: From the shoreline 
at Lynch Point at latitude 39[deg]14'46'' N, longitude 076[deg]26'23'' 
W, thence northeast to Porter Point at latitude 39[deg]15'13'' N, 
longitude 076[deg]26'11'' W, thence north along the shoreline to Walnut 
Point at latitude 39[deg]17'06'' N, longitude 076[deg]27'04'' W, thence 
southwest to the shoreline at latitude 39[deg]16'41'' N, longitude 
076[deg]27'31'' W, thence south along the shoreline to the point of 
origin, located in Baltimore County, MD. The aerobatics box and 
spectator area are within the regulated area.
    (2) Aerobatics Box. The aerobatics box is a polygon in shape 
measuring approximately 5,000 feet in length by 1,000 feet in width. 
The area is bounded by a line commencing at position latitude 
39[deg]16'01.2'' N, longitude 076[deg]27'05.7'' W, thence east to 
latitude 39[deg]16'04.7'' N, longitude 076[deg]26'53.7'' W, thence 
south to latitude 39[deg]15'16.9'' N, longitude 076[deg]26'35.2'' W, 
thence west to latitude 39[deg]15'13.7'' N, longitude 076[deg]26'47.2'' 
W, thence north to the point of origin.
    (3) Spectator Area. The designated spectator area is a polygon in 
shape measuring approximately 1,000 yards in length by 500 feet in 
width. The area is bounded by a line commencing at position latitude 
39[deg]16'33.7'' N, longitude 076[deg]26'40.7'' W, thence east to 
latitude 39[deg]16'34.5'' N, longitude 076[deg]26'34.7'' W, thence 
south to latitude 39[deg]16'05.0'' N, longitude 076[deg]26'31.1'' W, 
thence west to latitude 39[deg]16'04.4'' N, longitude 076[deg]26'37.4'' 
W, thence north to the point of origin.
    (b) Definitions. As used in this section--
    Aerobatics Box is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of a 
aerobatics box within the regulated area defined by 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.
    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 all persons and vessels registered with the event 
sponsor as participating in the ``1st Annual Shootout on the River 
Airshow--Sparrows Point'' event, or otherwise designated by the event 
sponsor as having a function tied to the event.
    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.
    (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 
enter the designated Spectator Area or 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. A 
spectator vessel must not loiter within the navigable channel while 
within the regulated area.
    (4) Only participant vessels are allowed to enter the aerobatics 
box.
    (5) 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 Event 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 Event PATCOM on Marine Band Radio, VHF-FM 
channel 16 (156.8 MHz).
    (6) 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 dates 
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 4 p.m. 
to 7 p.m. on July 9, 2021, from 1 p.m. to 4 p.m. on July 10, 2021, and, 
from 1 p.m. to 4 p.m. on July 11, 2021.

    Dated: June 30, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2021-14361 Filed 7-6-21; 8:45 am]
BILLING CODE 9110-04-P