[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Proposed Rules]
[Pages 17467-17470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06022]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0168]
RIN 1625-AA08


Special Local Regulation; Bush River and Otter Point Creek; 
Between Perryman, MD and Edgewood, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary special 
local regulation for certain waters of the Bush River and Otter Point 
Creek, in Maryland. This action is necessary to provide for the safety 
of life on these navigable waters located at Edgewood, MD, during a 
high-speed power boat race on May 13, 2023 and May 14, 2023. This 
proposed rulemaking would prohibit persons and vessels (other than 
those already at berth at the time the regulation takes effect) from 
being in the regulated area unless authorized by the Captain of the 
Port, Sector Maryland-National Capital Region (COTP), or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 24, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0168 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 MST2 Courtney Perry, Sector 
Maryland-NCR, Waterways Management Division, U.S. Coast Guard: 
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
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On November 11, 2022, the Kent Narrows Racing Association (KNRA) 
notified the Coast Guard that it will be conducting the Harford County 
Spring Nationals Inboard Hydroplane Race on May 13, 2023 and May 14, 
2023 from 9 a.m. to 7 p.m. both days. The high-speed power boat racing 
event consists of approximately 60 participating racing boats--
including composite and wood hull inboard hydroplanes--12 to 28 feet in 
length. The vessels will compete along a marked, approximately 1-mile 
long course located on the Bush River and Otter Point Creek, at Flying 
Point Park, between Perryman, MD and Edgewood, MD. Hazards from the 
power boat racing event include the risks of injury or death resulting 
from near or actual contact among participant vessels and waterway 
users if normal vessel traffic were to interfere with the event. The 
COTP, (Commander of the Coast Guard Sector Maryland-National Capital 
Region) has determined that potential hazards associated with the power 
boat races would be a safety concern for anyone intending to 
participate in this event and for vessels that operate within the 
specified waters of the Bush River and Otter Point 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 is proposing to establish a special local regulations from 
9 a.m. on May 13, 2023, through 7 p.m. on May 14, 2023. The regulations 
would be enforced from 9 a.m. to 7 p.m. on May 13, 2023 and from 9 a.m. 
to 7 p.m. on May 14, 2023. The regulated area would cover all navigable 
waters of the Bush River and Otter Point Creek, shoreline to shoreline, 
bounded to the north by a line drawn from the western shoreline of the 
Bush River at latitude 39[deg]21'15'' N, longitude 076[deg]14'39'' W 
and thence eastward to the eastern shoreline of the Bush River at 
latitude 39[deg]27'03'' N, longitude 076[deg]13'57'' W, and bounded to 
the south by the Amtrak Railroad Bridge, across the Bush River at mile 
6.8, between Perryman, MD and Edgewood, MD. These boundaries are based 
on a detailed course map for the event which the Coast Guard received 
from the sponsor on March 7, 2023.
    This proposed rule provides additional information about zones 
within the regulated area, their definitions, and the restrictions that 
would apply to mariners. These zones include ``Race Area,'' ``Buffer 
Zone,'' and ``Spectator Area.''
    The proposed duration of the special local regulation 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 
racing event, which is scheduled to take place from 10 a.m. to 6 p.m. 
on May 13, 2023, and from 10 a.m. to 6 p.m. on May 14, 2023. The COTP, 
and the Coast Guard Event Patrol Commander (or ``Event PATCOM,'' a 
commissioned, warrant, or petty officer of the U.S. Coast Guard who has 
been so designated by the COTP) 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

[[Page 17468]]

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 Harford County Spring Nationals 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 a 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 
COTP with a commissioned, warrant, or petty officer onboard 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, one that minimizes wake while within the 
regulated area in a manner and that would not endanger event 
participants or any other craft. A spectator vessel must not loiter 
within the navigable channel while present within the regulated 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 the Bush River for a total of 20 enforcement hours. Although 
this regulated area extends across a large portion 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 as instructed by the Event PATCOM. Such 
vessels must operate at a safe speed that minimized 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 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.

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.

[[Page 17469]]

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 20 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. 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- 2023-0168 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

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, 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.T05-0168 to read as follows:


Sec.  100.T05-0168  Special Local Regulation; Bush River and Otter 
Point Creek; Between Perryman, MD and Edgewood, MD.

    (a) Location. All coordinates are based on datum NAD 1983.
    (1) Regulated area. All navigable waters of Bush River and Otter 
Point Creek, from shoreline to shoreline, bounded to the north by a 
line drawn from the western shoreline of the Bush River at latitude 
39[deg]27'15'' N, longitude 076[deg]14'39'' W and thence eastward to 
the eastern shoreline of the Bush River at latitude 39[deg]27'03'' N, 
longitude 076[deg]13'57'' W; and bounded to the south by the Amtrak 
Railroad Bridge, across the Bush River at mile 6.8, between Perryman, 
MD and Edgewood, MD. The following locations are within the regulated 
area: The regulations in this section apply to the following area:
    (2) Race Area. The area is bounded by a line commencing at position 
latitude 39[deg]26'39.48'' N, longitude 076[deg]15'23.44'' W, to 
latitude 39[deg]26'36.52'' N, longitude 076[deg]15'13.33'' W, to 
latitude 39[deg]26'36.94'' N, longitude 076[deg]15'10.01'' W, to 
latitude 39[deg]26'38.59'' N, longitude 076[deg]15'07.41'' W, to 
latitude 39[deg]26'41.03'' N, longitude 076[deg]15'06.22'' W, to 
latitude 39[deg]26'43.61'' N, longitude 076[deg]15'06.76'' W, to 
latitude 39[deg]26'45.63'' N, longitude 076[deg]15'08.89'' W, to 
latitude 39[deg]26'47.93'' N, longitude 076[deg]15'16.76'' W, to 
latitude 39[deg]26'50.24'' N, longitude 076[deg]15'24.63'' W, to 
latitude 39[deg]26'49.81'' N, longitude 076[deg]15'27.95'' W, to 
latitude 39[deg]26'48.16'' N, longitude 076[deg]15'30.56'' W, to 
latitude 39[deg]26'45.72'' N, longitude 076[deg]15'31.75'' W, to 
latitude 39[deg]26'43.15'' N, longitude 076[deg]15'31.20'' W, to 
latitude 39[deg]26'41.13'' N, longitude 076[deg]15'29.07'' W thence 
back to the beginning point.
    (3) Buffer Zone. The buffer zone surrounds the entire race area and 
is bounded by a line commencing at position latitude 39[deg]26'39.60'' 
N, longitude 076[deg]15'30.00'' W, to latitude 39[deg]26'37.80'' N, 
longitude 076[deg]15'24.00'' W, to latitude 39[deg]26'34'' N, longitude 
076[deg]15'14.40'' W, to latitude 39[deg]26'34.80'' N, longitude 
076[deg]15'09.00'' W, to latitude 39[deg]26'37.20'' N, longitude 
076[deg]15'05.40'' W, to latitude 39[deg]26'40.80'' N, longitude 
076[deg]15'03.60'' W, to latitude 39[deg]26'44.40'' N, longitude 
076[deg]15'04.20'' W, to latitude 39[deg]26'46.80'' N, longitude 
076[deg]15'07.20'' W, to latitude 39[deg]26'49.80'' N, longitude 
076[deg]15'15.60'' W, to latitude 39[deg]26'52.20'' N, longitude 
076[deg]15'25.20'' W, to latitude 39[deg]26'51.60'' N, longitude 
076[deg]15'28.80'' W, to latitude 39[deg]26'49.20'' N, longitude 
076[deg]15'32.40'' W, to latitude 39[deg]26'45.60'' N, longitude 
076[deg]15'34.20'' W, to latitude 39[deg]26'42.60'' N, longitude 
076[deg]615'33.60'' W thence back to the beginning point.
    (4) Spectator Area. The spectator area is designated as the all 
waters immediately surrounding the buffer zone up to a distance of 500 
feet immediately surrounding the buffer zone.
    (b) Definitions. As used in this section--
    Buffer Zone 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 power boats and nearby 
transiting vessels. This area provides separation between a race area 
and other

[[Page 17470]]

vessels that are operating in the vicinity of the regulated area 
established by the special local regulations in this section.
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port Maryland-National 
Capital Region (COTP) in the enforcement of the regulations in this 
section.
    Event Patrol Commander or Event PATCOM means a commissioned, 
warrant, or petty officer of the U.S. Coast Guard who has been so 
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 a participant in the race.
    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 a participant or assigned as official patrols.
    (c) 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 
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 9 a.m. 
to 7 p.m. on May 13, 2023 and from 9 a.m. to 7 p.m. on May 14, 2023.

    Dated: March 17, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2023-06022 Filed 3-22-23; 8:45 am]
BILLING CODE 9110-04-P