Special Local Regulation; Breton Bay, McIntosh Run, Leonardtown, MD, 40614-40618 [2020-14264]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 85, Number 130 (Tuesday, July 7, 2020)]
[Proposed Rules]
[Pages 40614-40618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14264]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0343]
RIN 1625-AA08


Special Local Regulation; Breton Bay, McIntosh Run, Leonardtown, 
MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish special local 
regulations for certain waters of Breton Bay and McIntosh Run. This 
action is necessary to provide for the safety of life on these 
navigable waters located at Leonardtown, MD, during a high-speed power 
boat demonstration event on August 1, 2020, and August 2, 2020. 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 Coast Guard 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 July 22, 2020.

[[Page 40615]]


ADDRESSES: You may submit comments identified by docket number USCG-
2020-0343 using the Federal eRulemaking 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 Mr. Ron Houck, U.S. Coast Guard 
Sector Maryland--National Capital Region; telephone 410-576-2674, 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 Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Southern Maryland Boat Club of Leonardtown, MD, has notified 
the Coast Guard that it will be conducting the Southern Maryland Boat 
Club Bash on the Bay from 9 a.m. to 5 p.m. on August 1, 2020, and from 
9 a.m. to 5 p.m. on August 2, 2020. The high-speed power boat event 
consists of approximately 50 participating vintage and historic race 
boats--including runabouts, v-bottoms, tunnel hulls, and hydroplanes--
12 to 21 feet in length. The boats will be participating in an 
exhibition, operating in heats along a marked racetrack-type course 1 
mile in length and 150 feet in width, located in Breton Bay and 
McIntosh Run at Leonardtown, MD. The regatta is not a competition, but 
rather a demonstration of the vintage race craft. Hazards from the 
high-speed power boat demonstration event include participants 
operating within and adjacent to designated navigation channels and 
interfering with vessels intending to operate within those channels, as 
well as operating within approaches to local public boat landings. The 
Captain of the Port (COTP) Maryland--National Capital Region has 
determined that potential hazards associated with the high-speed power 
boat event would be a safety concern for anyone intending to operate 
within certain waters of Breton Bay and McIntosh Run at Leonardtown, 
MD, operating in or near the event area.
    The Coast Guard is requesting that interested parties provide 
comments within a shortened comment period of 15 days instead of the 
more typical 30 days for this notice of proposed rulemaking. The Coast 
Guard believes a shortened comment period is necessary and reasonable 
to ensure the Coast Guard has time to review and respond to any 
significant comments submitted by the public in response to this NPRM 
and has a final rule in effect in time for the scheduled event.
    The Coast Guard proposes this rulemaking under authority in 46 
U.S.C. 70041, which authorizes the Coast Guard to establish and define 
special local regulations.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish 
special local regulations from 8 a.m. on August 1, 2020, through 6 p.m. 
on August 2, 2020. The special local regulations would be enforced from 
8 a.m. through 6 p.m. on August 1st and those same hours on August 2nd. 
The regulated area would cover all navigable waters of Breton Bay and 
McIntosh Run, immediately adjacent to Leonardtown, MD, shoreline, from 
shoreline to shoreline, within an area bounded to the east by a line 
drawn along latitude 38[deg]16'43'' N and bounded to the west by a line 
drawn along longitude 076[deg]38'30'' W, located at Leonardtown, MD.
    This proposed rule provides additional information about areas 
within the regulated area, and the restrictions that would apply to 
mariners. These areas include a ``Race Area'', ``Buffer Area'', 
``Milling Area'' and ``Spectator Area''. They lie within an area 
bounded to the east by a line drawn along latitude 38[deg]16'43'' N and 
bounded to the west by a line drawn along longitude 076[deg]38'30'' W, 
located in Breton Bay and McIntosh Run, at Leonardtown, MD.
    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. until 5 p.m. on August 1, 2020, and August 
2, 2020. The COTP and the Coast Guard Patrol Commander (PATCOM) would 
have authority to forbid and control the movement of all vessels and 
persons, including event participants, in the regulated area.
    Except for vessels already at berth, everyone other than Southern 
Maryland Boat Club Leonardtown Regatta participants, including 
spectators, would be required to get permission from the COTP or PATCOM 
before entering the regulated area while the rule is being enforced. 
Vessel operators could request permission to enter and transit through 
the regulated area by contacting the PATCOM on VHF-FM channel 16. 
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.
    If permission is granted by the COTP or 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. 
Official patrol vessels would direct everyone other than participants 
while within the regulated area. Spectators are only allowed inside the 
regulated area if they remain within a designated spectator area. Only 
participants and official patrols are allowed within the race area and 
milling area.
    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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on size, duration and 
time of year of the regulated area, which would impact a small 
designated area of Breton Bay and McIntosh Run for 20 total enforcement 
hours. The Coast Guard would issue a Broadcast Notice to Mariners via 
VHF-FM marine channel 16 about the status of the regulated area. 
Moreover, the rule would allow vessels to seek permission to enter the 
regulated area.

[[Page 40616]]

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 
regulated area 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 rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule 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 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 effects of this 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 20 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. 01. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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:


[[Page 40617]]


    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T05-0343 to read as follows:


Sec.  100.T05-0343   Southern Maryland Boat Club Leonardtown Regatta, 
Breton Bay, McIntosh Run, Leonardtown, MD.

    (a) Regulated areas. The regulations in this section apply to the 
following areas:
    (1) Regulated area. All navigable waters of Breton Bay and McIntosh 
Run, immediately adjacent to Leonardtown, MD shoreline, from shoreline 
to shoreline, within an area bounded to the east by a line drawn along 
latitude 38[deg]16'43'' N and bounded to the west by a line drawn along 
longitude 076[deg]38'30'' W, located at Leonardtown, MD. The following 
locations are within the regulated area:
    (i) Race Area. The area is bounded by a line commencing at position 
latitude 38[deg]17'09.78'' N, longitude 076[deg]38'22.71'' W; thence 
southeasterly to latitude 38[deg]16'58.62'' N, longitude 
076[deg]37'50.91'' W; thence southwesterly to latitude 
38[deg]16'51.89'' N, longitude 076[deg]37'55.82'' W; thence 
northwesterly to latitude 38[deg]17'05.44'' N, longitude 
076[deg]38'27.20'' W; thence northeasterly terminating at point of 
origin.
    (ii) Buffer Area. The area surrounds the entire Race Area described 
in the preceding paragraph of this section. The area is bounded by a 
line commencing at the shoreline west of Leonardtown Wharf Park at 
position latitude 38[deg]17'13.80'' N, longitude 076[deg]38'24.72'' W; 
thence easterly to latitude 38[deg]16'58.61'' N, longitude 
076[deg]37'44.29'' W; thence southerly to latitude 38[deg]16'46.35'' N, 
longitude 076[deg]37'52.54'' W; thence westerly to latitude 
38[deg]16'58.78'' N, longitude 076[deg]38'26.63'' W; thence northerly 
to latitude 38[deg]17'07.50'' N, longitude 076[deg]38'30.00'' W; thence 
northeasterly terminating at point of origin.
    (iii) Milling Area. The area is bounded by a line commencing at the 
shoreline east of Leonardtown Wharf Park at position latitude 
38[deg]17'10.07'' N, longitude 076[deg]38'14.87'' W; thence easterly 
and southerly along the shoreline to latitude 38[deg]17'01.54'' N, 
longitude 076[deg]37'52.24'' W; thence westerly terminating at point of 
origin.
    (iv) Spectator Areas. Northeast Spectator Fleet Area. The area is 
bounded by a line commencing at position latitude 38[deg]16'59.10'' N, 
longitude 076[deg]37'45.60'' W, thence northeasterly to latitude 
38[deg]17'01.76'' N, longitude 076[deg]37'43.71'' W, thence 
southeasterly to latitude 38[deg]16'59.23'' N, longitude 
076[deg]37'37.25'' W, thence southwesterly to latitude 
38[deg]16'53.32'' N, longitude 076[deg]37'40.85'' W, thence 
northwesterly to latitude 38[deg]16'55.48'' N, longitude 
076[deg]37'46.39'' W, thence northeasterly to latitude 
38[deg]16'58.61'' N, longitude 076[deg]37'44.29'' W, thence 
northwesterly to point of origin.
    (v) Southeast Spectator Fleet Area. The area is bounded by a line 
commencing at position latitude 38[deg]16'47.20'' N, longitude 
076[deg]37'54.80'' W, thence southerly to latitude 38[deg]16'43.30'' N, 
longitude 076[deg]37'55.20'' W, thence easterly to latitude 
38[deg]16'43.20'' N, longitude 076[deg]37'47.80'' W, thence northerly 
to latitude 38[deg]16'44.80'' N, longitude 076[deg]37'48.20'' W, thence 
northwesterly to point of origin.
    (vi) South Spectator Fleet Area. The area is bounded by a line 
commencing at position latitude 38[deg]16'55.36'' N, longitude 
076[deg]38'17.26'' W, thence southeasterly to latitude 
38[deg]16'50.39'' N, longitude 076[deg]38'03.69'' W, thence southerly 
to latitude 38[deg]16'48.87'' N, longitude 076[deg]38'03.68'' W, thence 
northwesterly to latitude 38[deg]16'53.82'' N, longitude 
076[deg]38'17.28'' W, thence northerly to point of origin.
    (2) Coordinates. These coordinates are based on datum NAD 1983.
    (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 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.
    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.
    Coast Guard Patrol Commander (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.
    Milling Area is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of a 
milling area within the regulated area defined by this section. The 
area is used before a demonstration start to warm up the boats engines.
    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 Southern Maryland Boat Club Leonardtown 
Regatta 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 
high-speed power boat demonstration 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 and is present 
with the purpose of observing the event.
    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) Regulations. (1) Except for vessels already at berth, everyone 
other than participants are prohibited from entering, transiting 
through, anchoring in, or remaining within the regulated area described 
in paragraph (a) of this section unless authorized by the COTP 
Maryland-National Capital Region or PATCOM.
    (2) To seek permission to enter, 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 PATCOM on Marine Band 
Radio, VHF-FM channel 16 (156.8 MHz). Those in the regulated area must 
comply with all lawful orders or directions given to them by the COTP 
Maryland-National Capital Region or PATCOM.
    (3) Vessels are required to operate at a safe speed that minimizes 
wake while within the regulated area in a manner that would not 
endanger participants or any other craft. The COTP Maryland-National 
Capital Region or PATCOM may terminate the event, or the operation of 
any vessel participating in the marine event, at any time if deemed 
necessary for the protection of life or property.
    (4) The race area and milling area are restricted to participants 
and official patrols.
    (5) Spectators are only allowed inside the regulated area if they 
remain within a designated spectator area.
    (6) The COTP Maryland-National Capital Region will provide notice 
of the regulated area through advanced notice via Fifth Coast Guard 
District Local Notice to Mariners, broadcast notice to

[[Page 40618]]

mariners, and on-scene designated representatives.
    (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 8 a.m. 
to 6 p.m. on August 1, 2020, and, from 8 a.m. to 6 p.m. on August 2, 
2020.

    Dated: June 25, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2020-14264 Filed 7-6-20; 8:45 am]
BILLING CODE 9110-04-P