[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Rules and Regulations]
[Pages 30645-30648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10125]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 regulation 
prohibits 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.

DATES: This rule is effective from 9 a.m. on May 13, 2023, through 7 
p.m. on May 14, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0168 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 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 Information and Regulatory History

    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. on 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. In response, on March 23, 2023, the Coast Guard published a 
notice of proposed rulemaking (NPRM) titled Special Local Regulation; 
Bush River and Otter Point Creek; Between Perryman, MD and Edgewood, MD 
(88 FR 17467). There, we stated why we issued the NPRM and invited 
comments on our proposed regulatory action related to the high-speed 
power boat race. During the comment period that ended April 24, 2023, 
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 because immediate action is needed to 
respond to the potential safety hazards associated with the high-speed 
power boat race scheduled to take place on May 13, 2023 and May 14, 
2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port, Sector Maryland-National Capital Region 
(COTP) 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 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 March 
23, 2023. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a regulated area from 9 a.m. on May 13, 2023 
through 7

[[Page 30646]]

p.m. on May 14, 2023. The regulated area will 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. 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) will have authority to forbid and control the movement of all 
vessels and persons, including event participants, in the regulated 
area. When hailed or signaled by an official patrol, a vessel or person 
in the regulated area will be required to immediately comply with the 
directions given by the COTP or Event PATCOM. If a person or vessel 
fails to follow such directions, the Coast Guard may expel them from 
the area, issue them a citation for failure to comply, or both.
    Except for Harford County Spring Nationals participants and vessels 
already at berth, a vessel or person will be required to get permission 
from the COTP or Event PATCOM before entering the regulated area. 
Vessel operators will be able to request permission to enter and 
transit through the regulated area by contacting the Event PATCOM on 
VHF-FM channel 16. Vessel traffic will be able to safely transit the 
regulated area once the Event PATCOM deems it safe to do so. A vessel 
within the regulated area must operate at a safe speed that minimizes 
wake. A person or vessel not registered with the event sponsor as a 
participant or assigned as official patrols will be considered a 
spectator. Official Patrols are any vessel assigned or approved by the 
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 will be allowed to enter the regulated area or pass directly 
through the regulated area as instructed. Vessels will be required to 
operate at a safe speed in a manner that minimizes wake while within 
the regulated area 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 will be allowed to 
enter the race area. The Coast Guard will publish a notice in the Fifth 
Coast Guard District Local Notice to Mariners and issue a marine 
information broadcast on VHF-FM marine band radio announcing specific 
event dates and times.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action'' under Executive Order 12866. Accordingly, this rule 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size and 
duration of the regulated area, which will 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 will allow 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 the Event PATCOM. Such 
vessels must operate at a safe speed that minimizes wake and not loiter 
within the navigable channel while present within the regulated area. 
Moreover, the Coast Guard will 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments,

[[Page 30647]]

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 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. It is 
categorically excluded from further review under paragraph L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
Record of Environmental Consideration 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.T05-0168 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 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.

[[Page 30648]]

    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: May 5, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2023-10125 Filed 5-11-23; 8:45 am]
BILLING CODE 9110-04-P