[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Proposed Rules]
[Pages 20364-20367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07404]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0179]
RIN 1625-AA08


Special Local Regulation; St. Mary's River, St. George's Creek, 
Piney Point, MD

AGENCY: Coast Guard, Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish temporary special 
local regulations for certain waters of the St. Mary's River. This 
action is necessary to provide for the safety of life on these 
navigable waters located at Piney Point, MD, during a high-speed power 
boat demonstration event on June 4, 2022, and June 5, 2022. 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 Coast Guard 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 May 9, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0179 using the Federal Decision Making 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 MST3 Melissa Kelly, U.S. Coast Guard 
Sector Maryland-National Capital Region; telephone 410-576-2596, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Southern Maryland Boat Club of Leonardtown, MD, notified the 
Coast Guard that it will be conducting the Southern Maryland Boat Club 
Piney Point Rumble on the River Regatta from 8 a.m. to 4 p.m. on June 
4, 2022, and from 8 a.m. to 4 p.m. on June 5, 2022. The high-speed 
power boat demonstration event consists of approximately 55 
participating vintage and historic race boats--including runabouts, v-
bottoms, tunnel hulls, and hydroplanes--8 to 21 feet in length. The 
vessels will be participating in an exhibition, operating in heats 
along a marked racetrack-type course 1 mile in length and 200 feet in 
width, located in the St. George Creek at Piney Point, MD. The regatta 
is not a competition, but rather a demonstration of 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 near approaches to local public boat 
landings. The 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 participate in this event 
and for vessels that operate within specified waters of St. George 
Creek.
    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 is proposing this rulemaking under 
authority in 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish 
special local regulations from 7:30 a.m. on June 4, 2022, through 5 
p.m. on June 5, 2022. The regulations would be enforced from

[[Page 20365]]

7:30 a.m. to 5 p.m. on June 4, 2022, and from 7:30 a.m. to 5 p.m. on 
June 5, 2022. The regulated area would cover all navigable waters of 
St. George Creek, within an area bounded by a line connecting the 
following points: From the shoreline at Cedar Point at position 
latitude 38[deg]09'03.4'' N, longitude 076[deg]29'55.7'' W; thence 
south along the shoreline to Coade Bar at latitude 38[deg]08'22.5'' N, 
longitude 076[deg]29'19.9'' W; thence southeast across St. George Creek 
to Dodson Point at latitude 38[deg]08'03.8'' N, longitude 
076[deg]29'44.6'' W; thence north along the shoreline and the eastern 
extent of the St. George Island (SR-249) Bridge to Long Bar (at the 
entrance to St. George Harbor) at latitude 38[deg]08'50.6'' N, 
longitude 076[deg]30'13.0'' W; thence northeast across St. George Creek 
to and terminating at the point of origin. The regulated area is 
approximately 1,750 yards in length and 940 yards in width.
    This proposed rule provides additional information about areas 
within the regulated area, and their definitions and the restrictions 
that would apply to mariners. These areas include ``Race Area,'' 
``Buffer Area,'' and ``Spectator Area.''
    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 to take place from 8 a.m. to 4 p.m. on June 4, 2022, 
and from 8 a.m. to 4 p.m. on June 5, 2022. The COTP and the Coast Guard 
Event 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 Piney Point Rumble on the 
River 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 would 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 would 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 would be considered a spectator. Official Patrols are 
any vessel assigned or approved by the Commander, Coast Guard Sector 
Maryland-National Capital Region with a commissioned, warrant, or petty 
officer on board and displaying a Coast Guard ensign. Official Patrols 
enforcing this regulated area can be contacted on VHF-FM channel 16 and 
channel 22A.
    If permission is granted 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 in a manner that would not endanger event participants or any 
other craft. A spectator vessel must not loiter within the navigable 
channel while within the regulated area. Official patrol vessels would 
direct spectators to the designated spectator area. Only participant 
vessels and official patrol vessels would be allowed to enter the race 
area. The Coast Guard would 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.
    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 the size and 
duration of the regulated area, which would impact a small designated 
area of St. George Creek for 19 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 
area on the eastern portion of the waterway away from the event 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 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 
regulated area 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 proposed 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 proposed 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.

[[Page 20366]]

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 
(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 potential effects of 
this proposed 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 for 19 total enforcement 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0179 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. 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.
    Personal information. 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 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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.T05-0179 to read as follows:


Sec.  100.T05-0179  Southern Maryland Boat Club Piney Point Regatta, 
St. Mary's River, St. George Creek, Piney Point, MD.

    (a) Locations. All coordinates are based on datum NAD 1983.
    (1) Regulated area. All navigable waters of St. George Creek, 
within an area bounded by a line connecting the following points: From 
the shoreline at Cedar Point at position latitude 38[deg]09'03.4'' N, 
longitude 076[deg]29'55.7'' W; thence south along the shoreline to 
Coade Bar at latitude 38[deg]08'22.5'' N, longitude 076[deg]29'19.9'' 
W; thence southeast across St. George Creek to Dodson Point at latitude 
38[deg]08'03.8'' N, longitude 076[deg]29'44.6'' W; thence north along 
the shoreline and the eastern extent of the St. George Island (SR-249) 
Bridge to Long Bar (at the entrance to St. George Harbor) at latitude 
38[deg]08'50.6'' N, longitude 076[deg]30'13.0'' W; thence northeast 
across St. George Creek to and terminating at the point of origin. The 
race area, buffer area, and spectator area are within the regulated 
area.
    (2) Race area. The race area is a polygon in shape measuring 
approximately 700 yards in length by 240 yards in width. The area is 
bounded by a line commencing near Hodgson Point at position latitude 
38[deg]08'39.80'' N, longitude 076[deg]30'3.13'' W, thence

[[Page 20367]]

southeast to latitude 38[deg]08'21.95'' N, longitude 076[deg]29'49.31'' 
W; thence southwest to latitude 38[deg]08'18.20'' N, longitude 
076[deg]29'56.98'' W, thence northwest to latitude 38[deg]08'36.10'' N, 
longitude 076[deg]30'10.84'' W; thence northeast to and terminating at 
the point of origin.
    (3) Buffer area. The buffer area is a polygon in shape measuring 
approximately 90 yards in all directions surrounding the entire race 
area described in paragraph (a)(2) of this section. The area is bounded 
by a line commencing near Hodgson Point at position latitude 
38[deg]08'43.58'' N, longitude 076[deg]30'02.12'' W; thence southeast 
to latitude 38[deg]08'21.12'' N, longitude 076[deg]29'44.81'' W, thence 
southwest to latitude 38[deg]08'14.68'' N, longitude 076[deg]29'58.24'' 
W; thence northwest to latitude 38[deg]08'35.95'' N, longitude 
076[deg]30'14.33'' W, thence northeast to and terminating at the point 
of origin.
    (4) Spectator area. The designated spectator area is a polygon in 
shape with its length measuring approximately 700 yards and its width 
measuring approximately 300 yards at its northern portion and 150 yards 
at it southern portion. The area is bounded by a line commencing at 
position latitude 38[deg]08'46.86'' N, longitude 076[deg]29'51.07'' W; 
thence southeast to latitude 38[deg]08'38.11'' N, longitude 
076[deg]29'44.27'' W; thence south to latitude 38[deg]08'26.81'' N, 
longitude 076[deg]29'43.01'' W; thence southwest to latitude 
38[deg]08'23.50'' N, longitude 076[deg]29'46.50'' W, thence northwest 
to latitude 38[deg]08'41.28'' N, longitude 076[deg]30'00.18'' W, thence 
northeast to and terminating at the 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 high-speed powerboats and spectator 
vessels or nearby transiting vessels. This area provides separation 
between a race area and a specified spectator area or other vessels 
that are operating in the vicinity of the regulated area established by 
the special local regulations 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.
    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 ``Southern Maryland Boat Club Piney 
Point Rumble on the River Regatta'' event, or otherwise designated by 
the event sponsor as having a function tied to the event.
    Race area is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of a race 
area within the regulated area defined by this section.
    Spectator means a person or vessel not registered with the event 
sponsor as participants or assigned as official patrols.
    Spectator area is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of a 
spectator area within the regulated area defined by this 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 described in paragraph (a)(1) of this section. 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 and official patrol vessels are 
allowed to enter and remain within the race 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 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).
    (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 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 7:30 
a.m. to 5 p.m. on June 4, 2022, and from 7:30 a.m. to 5 p.m. on June 5, 
2022.

    Dated: March 30, 2022.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2022-07404 Filed 4-6-22; 8:45 am]
BILLING CODE 9110-04-P