[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Rules and Regulations]
[Pages 44216-44219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14681]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0461]
RIN 1625-AA08


Special Local Regulation; Back River, Baltimore County, 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 Back River. This action is necessary 
to provide for the safety of life on these navigable waters, located in 
Baltimore County, MD, during activities associated with an air show 
event which will be held on three separate occasions between July 14, 
2023 and July 16, 2023. This rule prohibits 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.

DATES: This rule is effective from 6 p.m. on July 14, 2023 through 4 
p.m. on July 16, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0461 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 Hollie Givens, 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 Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Tiki Lee's Dock Bar of Sparrows Point, MD, and David Schultz 
Airshows LLC of Clearfield, PA, notified the Coast Guard that they will 
be conducting the 2023 Tiki Lee's Shootout on the River Airshow from 7 
p.m. to 8 p.m. on July 14, 2023, from 2 p.m. to 3 p.m. on July 15, 
2023, and from 2 p.m. to 3 p.m. on July 16, 2023. High speed, low-
flying civilian and military aircraft air show performers will operate 
within a designated, marked aerobatics box located on Back River, 
between Lynch Point to the south and Walnut Point to the north. The 
event is being held adjacent to Tiki Lee's Dock Bar, 4309 Shore Road, 
Sparrows Point, in Baltimore County, MD. Hazards from the air show 
include risks of injury or death resulting from aircraft accidents, 
dangerous projectiles, hazardous materials spills, falling debris, and 
from near or actual collisions between waterway users and participants 
or spectator vessels if normal vessel traffic were allowed to interfere 
with the event. Additionally, these hazards could affect vessels in a 
designated navigation channel and adjacent to waterside residential 
communities if the locations of these activities were not restricted. 
In response to these potential hazards, on June 1, 2023, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled Special 
Local Regulation; Back River, Baltimore County, MD (88 FR 35802). 
There, we stated why we issued the NPRM to promulgate the special local 
regulation, which will be subject to enforcement beginning an hour 
before each show begins and ending an hour after it ends, and we 
invited comments on our proposed regulatory action related to this air 
show. During the comment period,

[[Page 44217]]

which ended July 3, 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. Because there are less than 30 
days between now and the date of the event, it would be impracticable 
and contrary to the public interest to make the regulation effective 30 
days after publication in the Federal Register. Doing so would delay 
safety measures necessary to respond to potential safety hazards 
associated with this marine event. Immediate action is needed to 
protect participants, spectators, and other persons and vessels during 
the air show event on these navigable waters.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Captain of the Port, Sector Maryland-National Capital Region 
(COTP) has determined that potential hazards associated with the air 
show being held on three occasions, occurring between July 14, 2023 and 
July 16, 2023, will be a safety concern for anyone operating within 
certain waters of Back River in Baltimore County, MD near the event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published June 
1, 2023. Except for the addition of language stating the rule's 
effective period, there are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes special local regulations from 7 p.m. on July 
14, 2023 through 4 p.m. on July 16, 2023. The regulated area will cover 
all navigable waters of Back River within an area bounded by a line 
connecting the following point: 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 rule provides additional information about areas within the 
regulated area and their definitions. These areas include ``Aerobatics 
Box'' and ``Spectator Areas.''
    The duration of the periods the special local regulations will be 
subject to enforcement, and size of the regulated area are intended to 
ensure the safety of life on these navigable waters before, during, and 
after activities associated with the air show, which is scheduled from 
7 p.m. to 8 p.m. on July 14, 2023, from 2 p.m. to 3 p.m. on July 15, 
2023, and from 2 p.m. to 3 p.m. on July 16, 2023. The COTP and the 
Coast Guard Event PATCOM have authority to forbid and control the 
movement of all vessels and persons, including event participants, in 
the regulated area. When hailed or signaled by an official patrol, a 
vessel or person in the regulated area is 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 Airshow 
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. Operators of vessels 
already at berth desiring to move those vessels when the event is 
subject to enforcement are required to obtain permission before doing 
so. Vessel traffic will be able to safely transit the regulated area 
once the Event PATCOM deems it safe to do so. A person or vessel not 
registered with the event sponsor as a participant or assigned as 
official patrols is 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 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 are 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 will 
direct spectators to the designated spectator area. Only participant 
vessels will be allowed to enter the aerobatics box. 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.
    The regulatory text appears at the end of this document.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
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 Back River for the 9 total hours during which the rule will be 
subject to enforcement. This waterway supports mainly recreational 
vessel traffic, which at its peak, occurs during the summer season. 
Although this regulated area extends across the entire width of the 
waterway, the rule allows vessels and persons to seek permission to 
enter the regulated area, and vessel traffic will be able to transit 
the regulated area as instructed by Event PATCOM. Such vessels must 
operate at safe speed that minimizes wake and not loiter within the 
navigable channel while within the regulated area. Moreover, the Coast 
Guard will issue 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

[[Page 44218]]

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 
IV.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, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves 
implementation of regulations within 33 CFR part 100 applicable to 
organized marine events on the navigable waters of the United States 
that could negatively impact the safety of waterway users and shore 
side activities in the event area lasting for 9 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. 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

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, 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.  100.501T05-0461 to read as follows:


Sec. 100.501T05-0461  2023 Tiki Lee's Shootout on the River Airshow, 
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 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) Aerobatics Box. The aerobatics box is a polygon in shape 
measuring approximately 5,000 feet in length by 1,000 feet in width. 
The area is bounded by a line commencing at position latitude 
39[deg]16'01.2'' N, longitude 076[deg]27'05.7'' W, thence east to 
latitude 39[deg]16'04.7'' N, longitude 076[deg]26'53.7'' W, thence 
south to latitude 39[deg]15'16.9'' N, longitude 076[deg]26'35.2'' W, 
thence west to latitude 39[deg]15'13.7'' N, longitude 076[deg]26'47.2'' 
W, thence north to and terminating at the point of origin.
    (3) 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

[[Page 44219]]

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 ``2023 Tiki Lee's Shootout on the River 
Airshow'' 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 regulated area by other 
federal, state, and local agencies.
    (e) Effective period. This section will be in effect from 6 p.m. on 
July 14, 2023 to 4 p.m. on July 16, 2023.
    (f) Enforcement periods. This section will be subject to 
enforcement from 6 p.m. to 9 p.m. on July 14, 2023, from 1 to 4 p.m. on 
July 15, 2023, and from 1 to 4 p.m. on July 16, 2023.

    Dated: July 6, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2023-14681 Filed 7-11-23; 8:45 am]
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