[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Rules and Regulations]
[Pages 37239-37242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14826]
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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, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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. Entry of vessels or persons into
this regulated area is prohibited unless specifically authorized by the
Captain of the Port Maryland-National Capital Region or the Event
Patrol Commander.
DATES: This rule is effective from 7 a.m. on July 31, 2021, through 6
p.m. on August 1, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0214 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 MST1 Shaun Landante, Sector Maryland-National Capital
Region Waterways Management Division, U.S. Coast Guard; telephone 410-
576-2570, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
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. In
response, on June 10, 2021, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Special Local Regulation; Breton
Bay, McIntosh Run, Leonardtown, MD'' (86 FR 30851). There we stated why
we issued the NPRM, and invited comments on our proposed regulatory
action related to this high-speed power
[[Page 37240]]
boat event. During the comment period that ended June 25, 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. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with this high-speed power boat event.
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 (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 pupose of
this rule is to protect event participants, non-participants, and
transiting vessels before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published June
10, 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 7 a.m. on July
31, 2021, through 6 p.m. on August 1, 2021. The special local
regulation will 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 covers 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 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 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) 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 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 will 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 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.
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 are required to
operate at a safe speed that minimizes wake while within the regulated
area. Official patrol vessels will 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.
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 size, duration,
and time of year of the regulated area, which will 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 allows
vessels and persons to seek permission to enter the regulated area, and
vessel traffic able to do so safely will be able to transit the
regulated area 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 will
issue Local Notice to Mariners and 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 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
[[Page 37241]]
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 eleven hours each day. It
is categorically excluded from further review under paragraph L61(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Memorandum for 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 message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security Measures, 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. 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 following
locations 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 the preceding paragraph 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 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: 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.
[[Page 37242]]
(6) 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.
(7) 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.
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 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
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: July 6, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2021-14826 Filed 7-14-21; 8:45 am]
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