[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Proposed Rules]
[Pages 39206-39210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12749]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0462]
RIN 1625-AA08


Special Local Regulation; Back River, Baltimore County, MD

AGENCY: Coast Guard, 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 Back River. This action is 
necessary to provide for the safety of life on these navigable waters 
located in Baltimore County, MD during a high-speed power boat event on 
July 15, 2023, (alternate date on July 16, 2023). 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 June 30, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0462 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 LCDR Samuel M. Danus, U.S. Coast 
Guard Sector Maryland-National Capital Region; telephone 410-576-2519, 
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 Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Tiki Lee's Dock Bar of Sparrows Point, MD, notified the Coast Guard 
that they will be conducting the 2023 Tiki Lee's Shootout on the River 
from 9 a.m. to 5 p.m. on July 15, 2023. The individually-timed power 
boat speed runs event consists of approximately 40 participants 
competing on a designated, marked linear course located on Back River 
between Porter Point to the south and Stansbury Point to the north. The 
event is being staged out of Tiki Lee's Dock Bar, 4309 Shore Road, 
Sparrows Point, in Baltimore County, MD. In the event of inclement 
weather on July 15, 2023, the event will be conducted from 9 a.m. to 5 
p.m. on July 16, 2023. Hazards from the high-speed power boat event 
include participants operating within and adjacent to the designated 
navigation channel and interfering with vessels intending to operate 
within that channel, as well as operating within approaches to local 
marinas and boat facilities and waterfront residential communities. The 
COTP Maryland-National Capital Region has determined that potential 
hazards associated with

[[Page 39207]]

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 Back River.
    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. The Coast Guard is requesting that 
interested parties provide comments within a shortened comment period 
of 15 days instead of the typical 30 days for this notice of proposed 
rulemaking. The Coast Guard believes the 15-day comment period still 
provides for a reasonable amount of time for interested parties to 
review the proposal and provide informed comments on it while also 
ensuring the Coast Guard has time to review and respond to any 
significant comments and has a final rule in effect in time for the 
scheduled event to protect against the identified hazards.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish 
special local regulations from 8 a.m. to 6 p.m. on July 15, 2023. The 
regulated area would cover all navigable waters of Back River within an 
area bounded by a line connecting the following points: from the 
shoreline at Lynch Point at latitude 39[deg]14'46'' N, longitude 
076[deg]26'23'' W, thence northeast to Porter Point at latitude 
39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north along the 
shoreline to Walnut Point at latitude 39[deg]17'06'' N, longitude 
076[deg]27'04'' W, thence southwest to the shoreline at latitude 
39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south along the 
shoreline to the point of origin, located in Baltimore County, MD. The 
regulated area is approximately 4,200 yards in length and 1,200 yards 
in width.
    This proposed rule provides additional information about areas 
within the regulated area and their definitions. These areas include 
``Course Area,'' ``Buffer Area,'' and ``Spectator Areas.''
    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 from 9 a.m. to 5 p.m. on July 15, 2023, (alternate 
date on July 16, 2023). 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 2023 Tiki Lee's Shootout on the River 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 would be allowed to enter the aerobatics box. 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 Back River for 10 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 would 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 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 
safety zone 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

[[Page 39208]]

ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rulemaking 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.

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 lasting for 10 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-2023-0462 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. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    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.  100.501T05-0161 to read as follows:

Sec.  100.501T05-0161  2nd Annual Tiki Lee's Shootout on the River, 
Back River, Baltimore County, MD.

    (a) Locations. All coordinates are based on datum NAD 1983.
    (1) Regulated area. All navigable waters of Back River, within an 
area

[[Page 39209]]

bounded by a line connecting the following points: from the shoreline 
at Lynch Point at latitude 39[deg]14'46'' N, longitude 076[deg]26'23'' 
W, thence northeast to Porter Point at latitude 39[deg]15'13'' N, 
longitude 076[deg]26'11'' W, thence north along the shoreline to Walnut 
Point at latitude 39[deg]17'06'' N, longitude 076[deg]27'04'' W, thence 
southwest to the shoreline at latitude 39[deg]16'41'' N, longitude 
076[deg]27'31'' W, thence south along the shoreline to and terminating 
at the point of origin. The aerobatics box and spectator areas are 
within the regulated area.
    (2) Course Area. The course area is a polygon in shape measuring 
approximately 1,400 yards in length by 50 yards in width. The area is 
bounded by a line commencing at position latitude 39[deg]16'14.98'' N, 
longitude 076[deg]26'57.38'' W, thence east to latitude 
39[deg]16'15.36'' N, longitude 076[deg]26'55.56'' W, thence south to 
latitude 39[deg]15'33.40'' N, longitude 076[deg]26'49.70'' W, thence 
west to latitude 39[deg]15'33.17'' N, longitude 076[deg]26'51.60'' W, 
thence north to and terminating at the point of origin.
    (3) Buffer Area. The buffer area is a polygon in shape measuring 
approximately 100 yards in east and west directions and approximately 
150 yards in north and south directions surrounding the entire course 
area described in the preceding paragraph of this section. The area is 
bounded by a line commencing at position latitude 39[deg]16'18.72'' N, 
longitude 076[deg]27'01.74'' W, thence east to latitude 
39[deg]16'20.36'' N, longitude 076[deg]26'52.39'' W, thence south to 
latitude 39[deg]15'29.27'' N, longitude 076[deg]26'45.36'' W, thence 
west to latitude 39[deg]15'28.43'' N, longitude 076[deg]26'54.94'' W, 
thence north to and terminating at the point of origin.
    (4) Spectator Areas--(i) East Spectator Fleet Area. The area is a 
polygon in shape measuring approximately 2,200 yards in length by 450 
yards in width. The area is bounded by a line commencing at position 
latitude 39[deg]15'20.16'' N, longitude 076[deg]26'17.99'' W, thence 
west to latitude 39[deg]15'17.47'' N, longitude 076[deg]26'27.41'' W, 
thence north to latitude 39[deg]16'18.48'' N, longitude 
076[deg]26'48.42'' W, thence east to latitude 39[deg]16'25.60'' N, 
longitude 076[deg]26'27.14'' W, thence south to latitude 
39[deg]15'40.90'' N, longitude 076[deg]26'31.30'' W, thence south to 
and terminating at the point of origin.
    (ii) Northwest Spectator Fleet Area. The area is a polygon in shape 
measuring approximately 750 yards in length by 150 yards in width. The 
area is bounded by a line commencing at position latitude 
39[deg]16'01.64'' N, longitude 076[deg]27'11.62'' W, thence south to 
latitude 39[deg]15'47.80'' N, longitude 076[deg]27'06.50'' W, thence 
southwest to latitude 39[deg]15'40.11'' N, longitude 076[deg]27'08.71'' 
W, thence northeast to latitude 39[deg]15'45.63'' N, longitude 
076[deg]27'03.08'' W, thence northeast to latitude 39[deg]16'01.19'' N, 
longitude 076[deg]27'05.65'' W, thence west to and terminating at the 
point of origin.
    (iii) Southwest Spectator Fleet Area. The area is a polygon in 
shape measuring approximately 400 yards in length by 175 yards in 
width. The area is bounded by a line commencing at position latitude 
39[deg]15'30.81'' N, longitude 076[deg]27'05.58'' W, thence south to 
latitude 39[deg]15'21.06'' N, longitude 076[deg]26'56.14'' W, thence 
east to latitude 39[deg]15'21.50'' N, longitude 076[deg]26'52.59'' W, 
thence north to latitude 39[deg]15'29.75'' N, longitude 
076[deg]26'56.12'' W, thence west to and terminating at the point of 
origin.
    (b) Definitions. As used in this section--
    Aerobatics Box is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of an 
aerobatics box within the regulated area defined by 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 a person or vessel registered with the event 
sponsor as participating in the ``2nd Annual Tiki Lee's Shootout on the 
River'' event, or otherwise designated by the event sponsor as having a 
function tied to the event.
    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 within the regulated area defined by 
this section that outlines the boundary of an area reserved for non-
participant vessels watching the event.
    (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 a 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 are allowed to enter and remain within 
the aerobatics box.
    (5) 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).
    (6) 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

[[Page 39210]]

regulated area by other federal, state, and local agencies.
    (e) Enforcement periods. This section will be enforced from 8 a.m. 
to 6 p.m. on July 15, 2023, and, if necessary due to inclement weather 
on July 15, 2023, from 8 a.m. to 6 p.m. on July 16, 2023.

    Dated: June 9, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2023-12749 Filed 6-14-23; 8:45 am]
BILLING CODE 9110-04-P