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