[Federal Register Volume 90, Number 85 (Monday, May 5, 2025)]
[Rules and Regulations]
[Pages 18924-18926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07680]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0315]
RIN 1625-AA08
Special Local Regulation; St. Mary's River, St. George's Creek,
Piney Point, 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 St. Mary's River. This action is
necessary to provide for the safety of life on these navigable waters,
located at Piney Point, MD, during a two-day, high-speed, power boat
demonstration event on June 7, 2025, and June 8, 2025. 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 in effect from 7:30 a.m. on June 07, 2025, through
5 p.m. on June 08, 2025. It will be enforced, from 7:30 a.m. to 5 p.m.
on June 07, 2025, and from 7:30 a.m. to 5 p.m. on June 08, 2025.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email LCDR Kate Newkirk, 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
PATCOM Coast Guard Patrol Commander
NPRM Notice of proposed rulemaking
Sec. Section
SLR Special local regulation
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard has received a request, under 33 CFR 100.15, for a
Marine Event Permit to host a high-speed, power boat demonstration
event in Piney Point, MD on June 07, 2025, and June 08, 2025, from 8
a.m. to 4 p.m. on both days. As ``an organized water event of limited
duration which is conducted according to a prearranged schedule,'' the
scheduled event is a ``regatta or marine parade,'' as defined at 33 CFR
100.05(a). The Captain of the Port (COTP), after approving plans for
the holding of a regatta or marine parade within his or her district or
zone, is authorized to promulgate such special local regulations (SLRs)
as he or she deems necessary to ensure safety of life on the navigable
waters immediately prior to, during, and immediately after the approved
regatta or marine parade. 33 CFR 100.35.
The Coast Guard is issuing this temporary final rule under the
authority in 5 U.S.C. 553(b)(B). This statutory provision authorizes an
agency to issue a rule without prior notice and opportunity to comment
when the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.'' The
Coast Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because at the
current time it is impracticable to publish an NPRM, consider comments
received, and publish a final rule by June 07, 2025, when the rule must
be in place to serve its intended purpose.
Also, 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 it is impracticable to be
able to get the rule published by May 7, 2025, thirty days before it
must be in effect to serve its intended purpose.
III. Legal Authority and Need for the Rule
Hazards associated with the vintage and historic racing powerboat
demonstrations will be a safety concern for anyone intending to
participate in this event and for vessels that operate within waters of
the St. Mary's River which would be covered by this rule. If normal
vessel traffic were allowed to interfere with the event, potential
hazards would include the risk of injury or death resulting from near
or actual contact among participant vessels, spectator vessels, or non-
participant waterway users. The purpose of this rulemaking is to ensure
the safety of event participants, non-participants, and transiting
vessels before, during, and after the scheduled event.
The Coast Guard is promulgating this rule under statutory authority
in 46 U.S.C. 70041.
IV. Discussion of the Rule
The COTP is establishing a special local regulation which will be
in effect from 7:30 a.m. on June 07, 2025, through 5 p.m. on June 08,
2025. The regulation will only be enforced, however, from 7:30 a.m. to
5 p.m. on June 07, 2025, and from 7:30 a.m. to 5 p.m. on June 08, 2025.
The regulated area covers all navigable waters of St. George Creek.
This area starts at Cedar Point, follows the western shoreline south to
Coade Bar, then cuts southeast across the creek to Dodson Point. From
there, it continues north along the eastern shoreline, including the
area near the St. George Island Bridge (SR-249), all the way up to Long
Bar at the entrance to St. George Harbor. The boundary then wraps
northeast across the creek back to Cedar Point, terminating at the
point of origin
The regulated area is approximately 1,750 yards in length and 940
yards in width. The duration of the special local regulation and size
of the regulated area is intended to ensure the safety of life on these
navigable waters before, during, and after the high-speed power boat
event scheduled to take place from 7:30 a.m. to 5 p.m. on June 07,
2025, and from 7:30 a.m. to 5 p.m. on June 08, 2025. No vessel or
person will be permitted to enter the safety zone
[[Page 18925]]
without obtaining permission from the COTP or a designated
representative.
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.
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.
Accordingly, the TFR 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 St. George Creek for 19 total enforcement hours. This waterway
supports mainly recreational vessel traffic with peak vessel traffic
occurring 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 if
it is safe to do so. The Event PATCOM would allow vessel traffic to
transit the eastern portion of the waterway away from the event area
when it is safe to do so. Vessels given permission to enter the
regulated area must operate at a safe speed that minimizes wake and
must 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 analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules not
subject to notice and comment. As the Coast Guard has, for good cause,
waived the notice and comment requirement that would otherwise apply to
this rulemaking, the Regulatory Flexibility Act's flexibility analysis
provisions do not apply here.
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.
C. Collection of Information
This 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 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 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 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 rule would not result
in such an expenditure, we do discuss the potential 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 made a determination that this action
is one of a category of actions that does 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 for 19 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.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T599-0315 to read as follows:
Sec. 100.T599-0315 Southern Maryland Boat Club Piney Point Regatta,
St. Mary's River, St. George Creek, Piney Point, MD.
(a) Locations. All coordinates are based on datum NAD 1983.
(1) Regulated area. All navigable waters of St. George Creek,
within an area bounded by a line connecting the following points: from
the shoreline at Cedar Point at position latitude 38[deg]09'03.4'' N,
longitude 076[deg]29'55.7'' W; thence south along the shoreline to
Coade Bar at latitude 38[deg]08'22.5'' N, longitude 076[deg]29'19.9''
W; thence southeast across St. George Creek to Dodson Point at latitude
38[deg]08'03.8'' N, longitude 076[deg]29'44.6'' W; thence north along
the shoreline and the eastern extent of the St. George Island (SR-249)
Bridge to Long Bar (at the entrance to St. George Harbor) at latitude
38[deg]08'50.6'' N, longitude 076[deg]30'13.0'' W; thence northeast
across St. George Creek to and terminating at the point of origin. The
race area, buffer area, and spectator area are within the regulated
area.
(2) Race area. The race area is a polygon in shape measuring
approximately 700 yards in length by 240 yards in width. The area is
bounded by a line commencing near Hodgson
[[Page 18926]]
Point at position latitude 38[deg]08'39.80'' N, longitude
076[deg]30'3.13'' W, thence southeast to latitude 38[deg]08'21.95'' N,
longitude 076[deg]29'49.31'' W; thence southwest to latitude
38[deg]08'18.20'' N, longitude 076[deg]29'56.98'' W, thence northwest
to latitude 38[deg]08'36.10'' N, longitude 076[deg]30'10.84'' W; thence
northeast to and terminating at the point of origin.
(3) Buffer area. The buffer area is a polygon in shape measuring
approximately 90 yards in all directions surrounding the entire race
area described in the preceding paragraph of this section. The area is
bounded by a line commencing near Hodgson Point at position latitude
38[deg]08'43.58'' N, longitude 076[deg]30'02.12'' W; thence southeast
to latitude 38[deg]08'21.12'' N, longitude 076[deg]29'44.81'' W, thence
southwest to latitude 38[deg]08'14.68'' N, longitude 076[deg]29'58.24''
W; thence northwest to latitude 38[deg]08'35.95'' N, longitude
076[deg]30'14.33'' W, thence northeast to and terminating at the point
of origin.
(4) Spectator area. The designated spectator area is a polygon in
shape with its length measuring approximately 700 yards and its width
measuring approximately 300 yards at its northern portion and 150 yards
at its southern portion. The area is bounded by a line commencing at
position latitude 38[deg]08'46.86'' N, longitude 076[deg]29'51.07'' W;
thence southeast to latitude 38[deg]08'38.11'' N, longitude
076[deg]29'44.27'' W; thence south to latitude 38[deg]08'26.81'' N,
longitude 076[deg]29'43.01'' W; thence southwest to latitude
38[deg]08'23.50'' N, longitude 076[deg]29'46.50'' W, thence northwest
to latitude 38[deg]08'41.28'' N, longitude 076[deg]30'00.18'' W, thence
northeast to and terminating at the point of origin.
(b) Definitions. As used in this section--
Buffer area 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 powerboats and spectator
vessels or nearby transiting vessels. This area provides separation
between a race area and a specified Spectator Area or other vessels
that are operating in the vicinity of the regulated area established by
the special local regulations in 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 all persons and vessels registered with the event
sponsor as participating in the ``Southern Maryland Boat Club Piney
Point Rumble on the River Regatta'' event or otherwise designated by
the event sponsor as having a function tied to the event.
Race area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a race
area within the regulated area defined by this section.
Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
Spectator area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
spectator area within the regulated area defined by this part.
(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
channels 22A (157.1 MHz). If permission is granted, the spectator must
enter the 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 regulate 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, 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 before doing so. 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 periods. This section will be enforced from 7:30
a.m. to 5 p.m. on June 7, 2025, and from 7:30 a.m. to 5 p.m. on June 8,
2025.
Dated: April 25, 2025
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-National
Capital Region.
[FR Doc. 2025-07680 Filed 5-2-25; 8:45 am]
BILLING CODE 9110-04-P