[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]
BILLING CODE 9110-04-P