Special Local Regulation; Back River, Baltimore County, MD, 28049-28052 [2021-11016]

Download as PDF jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Proposed Rules the accounting of records to avoid criminal penalties, civil remedies, or disciplinary measures; interfere with a civil or administrative action or investigation which may impede those actions or investigations; reveal confidential sources who might not have otherwise come forward to assist in an investigation and thereby hinder DoD’s ability to obtain information from future confidential sources; and result in an unwarranted invasion of the privacy of others. (B) Subsection (c)(4), (d)(3) and (4). These subsections are inapplicable to the extent that an exemption is being claimed from subsections (d)(1) and (2). (C) Subsection (e)(1). In the collection of information for investigatory or law enforcement purposes, it is not always possible to conclusively determine the relevance and necessity of particular information in the early stages of the investigation or adjudication. In some instances, it will be only after the collected information is evaluated in light of other information that its relevance and necessity for effective investigation and adjudication can be assessed. Collection of such information permits more informed decision-making by the Department when making required disciplinary and prosecutorial determinations. Additionally, records within this system may be properly classified pursuant to executive order. Accordingly, application of exemptions (j)(2), (k)(1) and (k)(2) may be necessary. (D) Subsection (e)(2). To collect information from the subject individual could serve notice that he or she is the subject of a criminal investigation and thereby present a serious impediment to such investigations. Collection of information only from the individual accused of criminal activity or misconduct could also subvert discovery of relevant evidence and subvert the course of justice. Accordingly, application of exemption (j)(2) may be necessary. (E) Subsection (e)(3). To inform individuals as required by this subsection could reveal the existence of a criminal investigation and compromise investigative efforts. Accordingly, application of exemption (j)(2) may be necessary. (F) Subsections (e)(4)(G) and (H). These subsections are inapplicable to the extent an exemption is claimed from subsections (d)(1) and (2). (G) Subsection (e)(4)(I). To the extent that this provision is construed to require more detailed disclosure than the broad, generic information currently published in the system notice, an exemption from this provision is necessary to protect the confidentiality VerDate Sep<11>2014 17:12 May 24, 2021 Jkt 253001 of sources of information and to protect the privacy and physical safety of witnesses and informants. Accordingly, application of exemptions (j)(2), (k)(1), and (k)(2) may be necessary. (H) Subsection (e)(5). It is often impossible to determine in advance if investigatory records contained in this system are accurate, relevant, timely and complete, but, in the interests of effective law enforcement, it is necessary to retain this information to maintain an accurate record of the investigatory activity to preserve the integrity of the investigation and satisfy various Constitutional and evidentiary requirements, such as mandatory disclosure of potentially exculpatory information in the investigative file to a defendant. It is also necessary to retain this information to aid in establishing patterns of activity and provide investigative leads. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined through judicial processes. Accordingly, application of exemption (j)(2) may be necessary. (I) Subsection (e)(8). To serve notice could give persons sufficient warning to evade investigative efforts. Accordingly, application of exemption (j)(2) may be necessary. (J) Subsection (f). ‘‘The agency’s rules are inapplicable to those portions of the system that are exempt. Accordingly, application of exemptions (j)(2), (k)(1), and (k)(2) may be necessary.’’ (K) Subsection (g). This subsection is inapplicable to the extent that the system is exempt from other specific subsections of the Privacy Act. (iv) Exempt records from other systems. In the course of carrying out the overall purpose for this system, exempt records from other systems of records may in turn become part of the records maintained in this system. To the extent that copies of exempt records from those other systems of records are maintained in this system, the DoD claims the same exemptions for the records from those other systems that are entered into this system, as claimed for the prior system(s) of which they are a part, provided the reason for the exemption remains valid and necessary. * * * * * Dated: May 12, 2021. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2021–10366 Filed 5–24–21; 8:45 am] BILLING CODE 5001–06–P PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 28049 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2021–0266] RIN 1625–AA08 Special Local Regulation; Back River, Baltimore County, MD Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: 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 10, 2021, and July 11, 2021. This proposed rulemaking would prohibit persons and vessels from entering 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 9, 2021. ADDRESSES: You may submit comments identified by docket number USCG– 2021–0266 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. SUMMARY: 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 D05DG-SectorMD-NCR-MarineEvents@ uscg.mil. FOR FURTHER INFORMATION CONTACT: 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 § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis On April 16, 2021, the Chesapeake Bay Power Boat Association of E:\FR\FM\25MYP1.SGM 25MYP1 28050 Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS Edgewater, MD, notified the Coast Guard that it will be conducting the 1st Annual Shootout on the River 2021 from 10 a.m. to 5 p.m. on July 10, 2021, and from 10 a.m. to 5 p.m. on July 11, 2021. The individually-timed power boat speed runs event consists of approximately 50 participants competing on a designated, marked linear course located on Back River, between Lynch Point to the south and Walnut 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. Details of the event were provided to the Coast Guard by the sponsoring organization on May 3, 2021. Hazards from the high-speed power boat competition 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 residents. The Captain of the Port (COTP) MarylandNational Capital Region has determined that potential hazards associated with the high-speed power boat competition would be a safety concern for anyone intending to operate within certain waters of Back River in Baltimore County, 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 the NPRM and has final rule in effect in time for the scheduled event. The purpose of this rulemaking is to protect event participants, nonparticipants, and transiting vessels before, during, and after the scheduled event. The Coast Guard proposes this rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). III. Discussion of Proposed Rule The COTP Maryland-National Capital Region is proposing to establish special local regulations from 9 a.m. on July 10, 2021, through 6 p.m. on July 11, 2021. There is no alternate date planned for this event. 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°14′46″ N, longitude 076°26′23’’ W, thence northeast to Porter Point at VerDate Sep<11>2014 17:12 May 24, 2021 Jkt 253001 latitude 39°15′13″ N, longitude 076°26′11″ W, thence north along the shoreline to Walnut Point at latitude 39°17′06″ N, longitude 076°27′04″ W, thence southwest to the shoreline at latitude 39°16′41″ N, longitude 076°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 Area.’’ The proposed 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 competition, scheduled from 10 a.m. to 5 p.m. on July 10, 2021, and from 10 a.m. to 5 p.m. on July 11, 2021. The COTP and the Coast Guard Event Patrol Commander (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 1st Annual 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 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 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. 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 and official patrol vessels would be allowed to enter the course area. 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 location, size and duration of the regulated area, which would impact a small designated area of Back River for 18 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, and vessel traffic would be able to safely transit the regulated area once the Event PATCOM deems it safe to do so. 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 E:\FR\FM\25MYP1.SGM 25MYP1 Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Proposed Rules 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 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. jbell on DSKJLSW7X2PROD with PROPOSALS 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 VerDate Sep<11>2014 17:12 May 24, 2021 Jkt 253001 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 18 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. PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 28051 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. Comments we post to https:// www.regulations.gov 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 public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. 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. 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 1. The authority citation for part 100 continues to read as follows: ■ Authority: 46 U.S.C. 70034;33 CFR 1.05–1. 2. Add § 100.501T05–0266 to read as follows: ■ E:\FR\FM\25MYP1.SGM 25MYP1 28052 Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS § 100.501T05–0266 1st Annual Shootout on the River, Back River, Baltimore County, MD. (a) Locations. All coordinates are based on datum WGS 1984. (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°14′46″ N, longitude 076°26′23″ W, thence northeast to Porter Point at latitude 39°15′13″ N, longitude 076°26′11″ W, thence north along the shoreline to Walnut Point at latitude 39°17′06″ N, longitude 076°27′04″ W, thence southwest to the shoreline at latitude 39°16′41″ N, longitude 076°27′31″ W, thence south along the shoreline to the point of origin, located in Baltimore County, MD. The course area, buffer area, and spectator area are within the regulated area. (2) Course Area. The course area is a polygon in shape measuring approximately 2.2 statute miles in length by 500 feet in width. The area is bounded by a line commencing at position latitude 39°16′53.5″ N, longitude 076°26′53.4″ W, thence east to latitude 39°16′54.4″ N, longitude 076°26′47.1″ W, thence south to latitude 39°15′01.1″ N, longitude 076°26′33.8″ W, thence west to latitude 39°14′59.4″ N, longitude 076°26′39.4″ W, thence north to the point of origin. (3) Buffer Area. The buffer area is a polygon in shape measuring approximately 300 feet in all 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°16′56.2″ N, longitude 076°26′57.7″ W, thence east to latitude 39°16′57.7″ N, longitude 076°26′43.7″ W, thence south to latitude 39°14′59.0″ N, longitude 076°26′29.7″ W, thence west to latitude 39°14′55.8″ N, longitude 076°26′42.7″ W, thence north to the point of origin. (4) Spectator Area. The designated spectator area is a polygon in shape measuring approximately 1,000 yards in length by 500 feet in width. The area is bounded by a line commencing at position latitude 39°16′33.7″ N, longitude 076°26′40.7″ W, thence east to latitude 39°16′34.5″ N, longitude 076°26′34.7″ W, thence south to latitude 39°16′05.0″ N, longitude 076°26′31.1″ W, thence west to latitude 39°16′04.4″ N, longitude 076°26′37.4″ W, thence north to the point of origin. (b) Definitions. As used in this section— Buffer Area is a neutral area that surrounds the perimeter of the Course VerDate Sep<11>2014 17:12 May 24, 2021 Jkt 253001 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 power boats and spectator vessels or nearby transiting vessels. This area provides separation between a Course 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) MarylandNational 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. Course Area is an area described by a line bound by coordinates provided in latitude and longitude that outlines the boundary of a course area within the regulated area defined by this section. 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 ‘‘1st Annual Shootout on the River’’ speed runs 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 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. 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 PO 00000 Frm 00052 Fmt 4702 Sfmt 9990 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 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 regulated area. (4) Only participant vessels and official patrol vessels are allowed to enter the race area. (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) Enforcement period. This section will be enforced from 9 a.m. to 6 p.m. on July 10, 2021, and, from 9 a.m. to 6 p.m. on July 11, 2021. Dated: May 19, 2021. David E. O’Connell, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2021–11016 Filed 5–24–21; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\25MYP1.SGM 25MYP1

Agencies

[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Proposed Rules]
[Pages 28049-28052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11016]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0266]
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 10, 2021, and July 11, 2021. This proposed rulemaking would 
prohibit persons and vessels from entering 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 9, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0266 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 Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On April 16, 2021, the Chesapeake Bay Power Boat Association of

[[Page 28050]]

Edgewater, MD, notified the Coast Guard that it will be conducting the 
1st Annual Shootout on the River 2021 from 10 a.m. to 5 p.m. on July 
10, 2021, and from 10 a.m. to 5 p.m. on July 11, 2021. The 
individually-timed power boat speed runs event consists of 
approximately 50 participants competing on a designated, marked linear 
course located on Back River, between Lynch Point to the south and 
Walnut 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. 
Details of the event were provided to the Coast Guard by the sponsoring 
organization on May 3, 2021. Hazards from the high-speed power boat 
competition 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 residents. The Captain 
of the Port (COTP) Maryland-National Capital Region has determined that 
potential hazards associated with the high-speed power boat competition 
would be a safety concern for anyone intending to operate within 
certain waters of Back River in Baltimore County, 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 the NPRM 
and has final rule in effect in time for the scheduled event.
    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 proposes this rulemaking under 
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region is proposing to establish 
special local regulations from 9 a.m. on July 10, 2021, through 6 p.m. 
on July 11, 2021. There is no alternate date planned for this event. 
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 Area.''
    The proposed 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 competition, scheduled from 10 a.m. to 5 p.m. on 
July 10, 2021, and from 10 a.m. to 5 p.m. on July 11, 2021. The COTP 
and the Coast Guard Event Patrol Commander (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 1st Annual 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. 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 
and official patrol vessels would be allowed to enter the course area. 
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 location, size 
and duration of the regulated area, which would impact a small 
designated area of Back River for 18 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, and 
vessel traffic would be able to safely transit the regulated area once 
the Event PATCOM deems it safe to do so.

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

[[Page 28051]]

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 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 18 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.
    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. Comments we post to https://www.regulations.gov 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 public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. 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. 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:

    Authority: 46 U.S.C. 70034;33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0266 to read as follows:

[[Page 28052]]

Sec.  100.501T05-0266  1st Annual Shootout on the River, Back River, 
Baltimore County, MD.

    (a) Locations. All coordinates are based on datum WGS 1984.
    (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 the point of origin, located in Baltimore County, MD. The 
course area, buffer area, and spectator area are within the regulated 
area.
    (2) Course Area. The course area is a polygon in shape measuring 
approximately 2.2 statute miles in length by 500 feet in width. The 
area is bounded by a line commencing at position latitude 
39[deg]16'53.5'' N, longitude 076[deg]26'53.4'' W, thence east to 
latitude 39[deg]16'54.4'' N, longitude 076[deg]26'47.1'' W, thence 
south to latitude 39[deg]15'01.1'' N, longitude 076[deg]26'33.8'' W, 
thence west to latitude 39[deg]14'59.4'' N, longitude 076[deg]26'39.4'' 
W, thence north to the point of origin.
    (3) Buffer Area. The buffer area is a polygon in shape measuring 
approximately 300 feet in all 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]16'56.2'' N, 
longitude 076[deg]26'57.7'' W, thence east to latitude 39[deg]16'57.7'' 
N, longitude 076[deg]26'43.7'' W, thence south to latitude 
39[deg]14'59.0'' N, longitude 076[deg]26'29.7'' W, thence west to 
latitude 39[deg]14'55.8'' N, longitude 076[deg]26'42.7'' W, thence 
north to the point of origin.
    (4) Spectator Area. The designated spectator area is a polygon in 
shape measuring approximately 1,000 yards in length by 500 feet in 
width. The area is bounded by a line commencing at position latitude 
39[deg]16'33.7'' N, longitude 076[deg]26'40.7'' W, thence east to 
latitude 39[deg]16'34.5'' N, longitude 076[deg]26'34.7'' W, thence 
south to latitude 39[deg]16'05.0'' N, longitude 076[deg]26'31.1'' W, 
thence west to latitude 39[deg]16'04.4'' N, longitude 076[deg]26'37.4'' 
W, thence north to the point of origin.
    (b) Definitions. As used in this section--
    Buffer Area is a neutral area that surrounds the perimeter of the 
Course 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 power boats and spectator 
vessels or nearby transiting vessels. This area provides separation 
between a Course 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.
    Course Area is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of a 
course area within the regulated area defined by this section.
    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 ``1st Annual Shootout on the River'' 
speed runs 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 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. 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 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 regulated area.
    (4) Only participant vessels and official patrol vessels are 
allowed to enter the race area.
    (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) Enforcement period. This section will be enforced from 9 a.m. 
to 6 p.m. on July 10, 2021, and, from 9 a.m. to 6 p.m. on July 11, 
2021.

    Dated: May 19, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2021-11016 Filed 5-24-21; 8:45 am]
BILLING CODE 9110-04-P