[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Rules and Regulations]
[Pages 56207-56211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14929]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2024-0361]
RIN 1625-AA08


Special Local Regulation; Back River, Baltimore County, MD

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing special local regulations to 
provide for the safety of life on certain waters of the Back River, in 
Baltimore County, MD. These regulations will be enforced during a high-
speed power boat event and air show which will be held annually, on the 
2nd, 3rd or 4th weekend (Friday, Saturday, and Sunday) in July. This 
rulemaking prohibits persons and vessels from being in the regulated 
area unless authorized by the Captain of the Port, Maryland-National 
Capital Region, or

[[Page 56208]]

the Coast Guard Event Patrol Commander.

DATES: This rule is effective August 8, 2024. A notification of 
enforcement will be published prior to the event dates each year with 
specified enforcement dates and times.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0361 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 about this rule, 
call or email call or email Petty Officer 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, Sector Maryland-National Capital Region
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
SLR Special Local Regulations
U.S.C. United States Code

II. Background Information and Regulatory History

    Over the years, Tiki Lee's Dock Bar of Sparrows Point, MD has 
submitted permit applications under 33 CFR 100.15 for two separate, but 
concurrently held, annual events in the Back River. These events are 
``Tiki Lee's Shootout on the River High Speed Power Boat'' event, and 
``Tiki Lee's Shootout on the River Air Show.'' Tiki Lee's Dock Bar has 
indicated that it intends to continue to submit applications annually 
to hold these events (on the 2nd, 3rd or 4th, Friday, Saturday, and 
Sunday in July). In response, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled ``Special Local Regulation; Back 
River, Baltimore County, MD,'' 89 FR 34173 (April 30, 2024). There, we 
explained why we had issued the NPRM and we invited comments on our 
proposed regulatory action related to this event. During the comment 
period that ended May 30, 2024, we received one comment.

III. Legal Authority and Need for Rule

    The COTP, Maryland-National Capital Region has determined that the 
potential hazards associated with the high-speed power boat event and 
air show will present safety concerns for anyone participating in this 
event and for spectator vessels and non-affiliated vessels operating 
within nearby waters of the Back River. The purpose of this rule is to 
protect event participants, non-participants, and transiting vessels 
before, during, and after the scheduled event. The Coast Guard is 
promulgating this rule under authority in 46 U.S.C. 70041.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published April 
30, 2024. This comment discusses the alleged targeting of oystermen and 
does not address issues within the scope of our published NPRM. There 
are no changes in the regulatory text of this rule from the proposed 
rule in the NPRM.
    The COTP is establishing special local regulations which may be 
subject to enforcement in a particular year on the 2nd, 3rd or 4th 
weekend (Friday, Saturday, and Sunday) in July, depending on when the 
boat race and air show are held. The regulated area for both events 
covers all navigable waters of the Back River within an area which is 
approximately 4,200 yards in length and 1,200 yards in width. Within 
the regulated area, specific zones are designated as a ``Course Area,'' 
a ``Buffer zone,'' an ``Aerobatics Box,'' and three ``Spectator 
Areas.'' These are the ``East Spectator Fleet Area,'' the ``Northwest 
Spectator Fleet Area,'' and the Southwest Spectator Fleet Area.''
    Consistent with 33 CFR 100.35(a), the COTP is promulgating this 
regulation, which provides that he or she and the Coast Guard Event 
PATCOM have authority to forbid or 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, as is now provided in 33 
CFR 100.501(d). 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.
    Only participant vessels would be allowed to enter the course area 
and aerobatics box. Except for 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. Operators of vessels 
already at berth desiring to move those vessels when the event is 
subject to enforcement would be required to obtain permission before 
doing so.

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, 
location, duration, and time of day of the regulated area, which would 
only impact a small, designated area of Back River. 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, one that 
minimizes wake, and they must 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 
enforcement 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

[[Page 56209]]

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.
    Consistent with Sec.  213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), we will assist 
small entities in understanding this rule. If the rule may 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. 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.

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR 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. In Sec.  100.501 amend table 4 to paragraph (i)(2) by adding an 
entry in alphabetical order for ``Tiki Lee's Shootout on the River High 
Speed Power Boat Event and Air Show'' to read as follows:


Sec.  100.501   Special Local Regulations; Marine Events Within the 
Fifth Coast Guard District.

* * * * *
    (i) * * *
    (2) * * *

[[Page 56210]]



                                           Table 2 to Paragraph (i)(2)
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                                                                             Enforcement
              Event                           Regulated area                  period(s)             Sponsor
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                                                  * * * * * * *
Tiki Lee's Shootout on the River  Regulated area. All navigable waters   This section will    Tiki Lee's Dock
 High Speed Power Boat Event and   of Back River, within an area          be enforced on the   Bar of Sparrows
 Air Show.                         bounded by a line connecting the       2nd, 3rd or 4th,     Point, MD.
                                   following points: from the shoreline   Friday, Saturday,
                                   at Lynch Point at latitude             and Sunday in
                                   39[deg]14'46'' N, longitude            July. A
                                   076[deg]26'23'' W, thence northeast    Notification of
                                   to Porter Point at latitude            Enforcement will
                                   39[deg]15'13'' N, longitude            be published 30
                                   076[deg]26'11'' W, thence north        days prior to the
                                   along the shoreline to Walnut Point    event dates with
                                   at latitude 39[deg]17'06'' N,          specified
                                   longitude 076[deg]27'04'' W, thence    enforcement times
                                   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 course area, aerobatics box and
                                   spectator areas are within the
                                   regulated area.
                                  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.
                                  Buffer zone. The buffer zone 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.
                                  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.
                                  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.

[[Page 56211]]

 
                                  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.
                                  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.
----------------------------------------------------------------------------------------------------------------

* * * * *


Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2024-14929 Filed 7-8-24; 8:45 am]
BILLING CODE 9110-04-P