Special Local Regulation; Bush River and Otter Point Creek; Between Perryman, MD and Edgewood, MD, 30645-30648 [2023-10125]
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Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Rules and Regulations
the airport sponsor relating to the use of
the airport for the event.
d. For an event proposed by a
commercial/for-profit party:
1. Financial benefits must be equal to
at least the fair market value of the
subject property use.
2. In-kind services or benefits must be
equivalent to FMV compensation.
3. Airport revenue cannot be used
toward conducting the event (e.g., use of
airport staff must be reimbursed,
equipment rental, advertisement of the
event cannot be funded in part or whole
by the airport).
4. The event should also generate
intangible benefits for the airport such
as community goodwill and community
interest.
e. For an event organized by a nonprofit/charitable organization or by the
airport sponsor itself on its own behalf.
In all non-profit nonaeronautical cases
there needs to be a benefit to the airport
that clearly outweighs the loss or
displacement of aeronautical activities.
Examples of benefits to the airport may
include:
1. Advertising for the airport included
in the event advertising at no cost to the
airport.
2. A percentage of ticket sales paid to
the airport.
3. Intangible benefits (e.g., community
goodwill, increasing local awareness of
the airport, encouraging local and
community support of the airport,
generating an interest in airport use).
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IV. Airshows and Aeronautical Events
While 49 U.S.C. 47107(a)(8) and Grant
Assurance 19 do not require Office of
Airports approval of the temporary
closure of an airport for aeronautical
events in the processes of issuing an
airshow waiver Flight Standards Service
(AFS) will describe the safety
conditions for the FAA’s approval of the
event. However, the AFS waiver relates
to aircraft operations and the separation
between aircraft operations and the
viewing public. AFS will coordinate the
ground operations plan with Regions
and ADOs as appropriate. Events that
are primarily nonaeronautical with an
air show or other aeronautical event as
an incidental activity should be
reviewed by the Region or ADO.
V. Environmental Analysis
Requirement
Approval of the closure of airport
facilities for a nonaeronautical event is
a Federal action that requires
environmental review, under the
National Environmental Policy Act
(NEPA). The level of review will vary
depending on the nature of the
proposed event and should be
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coordinated with the RO/ADO for
review and approval.
Issued in Washington, DC.
Kevin C. Willis,
Director, Office of Airport Compliance and
Management Analysis.
[FR Doc. 2023–09983 Filed 5–11–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2023–0168]
RIN 1625–AA08
Special Local Regulation; Bush River
and Otter Point Creek; Between
Perryman, MD and Edgewood, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for certain waters of the Bush
River and Otter Point Creek, in
Maryland. This action is necessary to
provide for the safety of life on these
navigable waters located at Edgewood,
MD during a high-speed power boat race
on May 13, 2023 and May 14, 2023. This
regulation prohibits persons and vessels
(other than those already at berth at the
time the regulation takes effect) from
being in the regulated area unless
authorized by the Captain of the Port,
Sector Maryland-National Capital
Region (COTP), or a designated
representative.
DATES: This rule is effective from 9 a.m.
on May 13, 2023, through 7 p.m. on May
14, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0168 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions on this rule, call or
email MST2 Courtney Perry, Sector
Maryland-NCR, Waterways Management
Division, U.S. Coast Guard: telephone
410–576–2596, email
MDNCRWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
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30645
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On November 11, 2022, the Kent
Narrows Racing Association (KNRA)
notified the Coast Guard that it will be
conducting the Harford County Spring
Nationals Inboard Hydroplane Race on
May 13, 2023 and May 14, 2023 from 9
a.m. to 7 p.m. on both days. The highspeed power boat racing event consists
of approximately 60 participating racing
boats—including composite and wood
hull inboard hydroplanes—12 to 28 feet
in length. In response, on March 23,
2023, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled Special Local Regulation; Bush
River and Otter Point Creek; Between
Perryman, MD and Edgewood, MD (88
FR 17467). There, we stated why we
issued the NPRM and invited comments
on our proposed regulatory action
related to the high-speed power boat
race. During the comment period that
ended April 24, 2023, we received no
comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with the high-speed power
boat race scheduled to take place on
May 13, 2023 and May 14, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port, Sector MarylandNational Capital Region (COTP) has
determined that potential hazards
associated with the power boat races
would be a safety concern for anyone
intending to participate in this event
and for vessels that operate within the
specified waters of the Bush River and
Otter Point Creek. The purpose of this
rule is to protect event participants,
non-participants, and transiting vessels
before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
March 23, 2023. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a regulated area
from 9 a.m. on May 13, 2023 through 7
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Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Rules and Regulations
p.m. on May 14, 2023. The regulated
area will cover all navigable waters of
the Bush River and Otter Point Creek,
shoreline to shoreline, bounded to the
north by a line drawn from the western
shoreline of the Bush River at latitude
39°21′15″ N, longitude 076°14′39″ W
and thence eastward to the eastern
shoreline of the Bush River at latitude
39°27′03″ N, longitude 076°13′57″ W,
and bounded to the south by the Amtrak
Railroad Bridge, across the Bush River
at mile 6.8, between Perryman, MD and
Edgewood, MD. These boundaries are
based on a detailed course map for the
event which the Coast Guard received
from the sponsor on March 7, 2023. The
COTP, and the Coast Guard Event Patrol
Commander (or ‘‘Event PATCOM,’’ a
commissioned, warrant, or petty officer
of the U.S. Coast Guard who has been
so designated by the COTP) will 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 will 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 Harford County Spring
Nationals participants and vessels
already at berth, a vessel or person will
be required to get permission from the
COTP or Event PATCOM before
entering the regulated area. Vessel
operators will 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 will 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 a safe speed that minimizes
wake. A person or vessel not registered
with the event sponsor as a participant
or assigned as official patrols will be
considered a spectator. Official Patrols
are any vessel assigned or approved by
the COTP with a commissioned,
warrant, or petty officer onboard 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
will be allowed to enter the regulated
area or pass directly through the
regulated area as instructed. Vessels will
be required to operate at a safe speed in
a manner that minimizes wake while
within the regulated area and that
would not endanger event participants
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15:45 May 11, 2023
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or any other craft. A spectator vessel
must not loiter within the navigable
channel while present within the
regulated area. Only participant vessels
and official patrol vessels will be
allowed to enter the race area. 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.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size and duration of the
regulated area, which will impact a
small, designated area of the Bush River
for a total of 20 enforcement hours.
Although this regulated area extends
across a large portion of the waterway,
the rule will allow vessels and persons
to seek permission to enter the regulated
area, and vessel traffic able to do so
safely will be able to transit the
regulated area as instructed by the Event
PATCOM. Such vessels must operate at
a safe speed that minimizes wake and
not loiter within the navigable channel
while present within the regulated area.
Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the status
of the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
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from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
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Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Rules and Regulations
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
implementation of regulations within 33
CFR 100 applicable to organized marine
events on the navigable waters of the
United States that could negatively
impact the safety of waterway users and
shore side activities in the event area for
20 total enforcement hours. It is
categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
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15:45 May 11, 2023
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requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 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. 70041; 33 CFR 1.05–
1.
2. Add § 100.T05–0168 to read as
follows:
■
§ 100.T05–0168 Special Local Regulation;
Bush River and Otter Point Creek; Between
Perryman, MD and Edgewood, MD.
(a) Location. All coordinates are based
on datum NAD 1983.
(1) Regulated area. All navigable
waters of Bush River and Otter Point
Creek, from shoreline to shoreline,
bounded to the north by a line drawn
from the western shoreline of the Bush
River at latitude 39°27′15″ N, longitude
076°14′39″ W and thence eastward to
the eastern shoreline of the Bush River
at latitude 39°27′03″ N, longitude
076°13′57″ W; and bounded to the south
by the Amtrak Railroad Bridge, across
the Bush River at mile 6.8, between
Perryman, MD and Edgewood, MD. The
following locations are within the
regulated area: The regulations in this
section apply to the following area:
(2) Race Area. The area is bounded by
a line commencing at position latitude
39°26′39.48″ N, longitude 076°15′23.44″
W, to latitude 39°26′36.52″ N, longitude
076°15′13.33″ W, to latitude
39°26′36.94″ N, longitude 076°15′10.01″
W, to latitude 39°26′38.59″ N, longitude
076°15′07.41″ W, to latitude
39°26′41.03″ N, longitude 076°15′06.22″
W, to latitude 39°26′43.61″ N, longitude
076°15′06.76″ W, to latitude
39°26′45.63″ N, longitude 076°15′08.89″
W, to latitude 39°26′47.93″ N, longitude
076°15′16.76″ W, to latitude
39°26′50.24″ N, longitude 076°15′24.63″
W, to latitude 39°26′49.81″ N, longitude
076°15′27.95″ W, to latitude
39°26′48.16″ N, longitude 076°15′30.56″
W, to latitude 39°26′45.72″ N, longitude
076°15′31.75″ W, to latitude
39°26′43.15″ N, longitude 076°15′31.20″
W, to latitude 39°26′41.13″ N, longitude
076°15′29.07″ W thence back to the
beginning point.
(3) Buffer zone. The buffer zone
surrounds the entire race area and is
bounded by a line commencing at
position latitude 39°26′39.60″ N,
longitude 076°15′30.00″ W, to latitude
39°26′37.80″ N, longitude 076°15′24.00″
W, to latitude 39°26′34″ N, longitude
076°15′14.40″ W, to latitude
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30647
39°26′34.80″ N, longitude 076°15′09.00″
W, to latitude 39°26′37.20″ N, longitude
076°15′05.40″ W, to latitude
39°26′40.80″ N, longitude 076°15′03.60″
W, to latitude 39°26′44.40″ N, longitude
076°15′04.20″ W, to latitude
39°26′46.80″ N, longitude 076°15′07.20″
W, to latitude 39°26′49.80″ N, longitude
076°15′15.60″ W, to latitude
39°26′52.20″ N, longitude 076°15′25.20″
W, to latitude 39°26′51.60″ N, longitude
076°15′28.80″ W, to latitude
39°26′49.20″ N, longitude 076°15′32.40″
W, to latitude 39°26′45.60″ N, longitude
076°15′34.20″ W, to latitude
39°26′42.60″ N, longitude
076°615′33.60″ W thence back to the
beginning point.
(4) Spectator Area. The spectator area
is designated as the all waters
immediately surrounding the buffer
zone up to a distance of 500 feet
immediately surrounding the buffer
zone.
(b) Definitions. As used in this
section—
Buffer zone is a neutral area that
surrounds the perimeter of the race area
within the regulated area described by
this section. The purpose of a buffer
area is to minimize potential collision
conflicts with marine event participants
or high-speed power boats and nearby
transiting vessels. This area provides
separation between a race area and other
vessels that are operating in the vicinity
of the regulated area established by the
special local regulations in this section.
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel and a Federal, State, and
local officer designated by or assisting
the Captain of the Port MarylandNational Capital Region (COTP) in the
enforcement of the regulations in this
section.
Event Patrol Commander or Event
PATCOM means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been so 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 a participant in the race.
Race area is an area described by a
line bound by coordinates provided in
latitude and longitude that outlines the
boundary of a race area within the
regulated area defined by this section.
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Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Rules and Regulations
Spectator means a person or vessel
not registered with the event sponsor as
a participant or assigned as official
patrols.
(c) Regulations. (1) The COTP
Maryland-National Capital Region or
Event PATCOM may forbid and control
the movement of all vessels and
persons, including event participants, in
the regulated area described in
paragraph (a)(1) of this section. When
hailed or signaled by an official patrol,
a vessel or person in the regulated area
shall immediately comply with the
directions given by the patrol. Failure to
do so may result in the Coast Guard
expelling the person or vessel from the
area, issuing a citation for failure to
comply, or both. The COTP MarylandNational 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 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 and remain within the race area.
(5) Only participant vessels and
official patrol vessels are allowed to
enter and transit directly through the
buffer area in order to arrive at or depart
from the race area.
(6) A person or vessel that desires to
transit, moor, or anchor within the
regulated area must obtain authorization
from the COTP Maryland-National
Capital Region or Event PATCOM. 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).
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Jkt 259001
(7) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio announcing
specific event dates and times.
(d) Enforcement officials. The Coast
Guard may be assisted with marine
event patrol and enforcement of the
regulated area by other federal, state,
and local agencies.
(e) Enforcement period. This section
will be enforced from 9 a.m. to 7 p.m.
on May 13, 2023 and from 9 a.m. to 7
p.m. on May 14, 2023.
Dated: May 5, 2023.
David E. O’Connell,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2023–10125 Filed 5–11–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0377]
RIN 1625–AA00
Safety Zone; Roostertail Fireworks,
Detroit River, Detroit, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters in the Detroit River in
Detroit, MI. The safety zone is necessary
and intended to protect personnel,
vessels, and the marine environment
from potential hazards associated with
fireworks displays created by the
Binienda and Steel wedding. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Detroit, or his designated representative.
DATES: This rule is effective from 9 p.m.
through 10:30 p.m. on May 20, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0377 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Tracy Girard, Waterways
Department, Sector Detroit, Coast
Guard; telephone (313) 568–9564, email
Tracy.M.Girard@uscg.mil.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
event sponsor notified the Coast Guard
with insufficient time to publish an
NPRM and immediate action is
necessary to protect personnel, vessels,
and the marine environment in the
Detroit River. It is impracticable and
contrary to the public interest to publish
a NPRM because we must establish this
safety zone by May 20, 2023.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph,
delaying the effective date of this rule
would be impracticable because
immediate action is needed to respond
to the potential safety hazards
associated with a fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Detroit (COTP) has
determined that potential hazards
associated with fireworks displays will
be a safety concern for anyone within a
200-yard radius of the launch site. The
likely combination of recreational
vessels, darkness punctuated by bright
flashes of light, and fireworks debris
falling into the water presents risks of
collisions which could result in serious
injuries or fatalities. This rule is
necessary to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
during the fireworks display.
E:\FR\FM\12MYR1.SGM
12MYR1
Agencies
[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Rules and Regulations]
[Pages 30645-30648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10125]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0168]
RIN 1625-AA08
Special Local Regulation; Bush River and Otter Point Creek;
Between Perryman, MD and Edgewood, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for certain waters of the Bush River and Otter Point Creek,
in Maryland. This action is necessary to provide for the safety of life
on these navigable waters located at Edgewood, MD during a high-speed
power boat race on May 13, 2023 and May 14, 2023. This regulation
prohibits persons and vessels (other than those already at berth at the
time the regulation takes effect) from being in the regulated area
unless authorized by the Captain of the Port, Sector Maryland-National
Capital Region (COTP), or a designated representative.
DATES: This rule is effective from 9 a.m. on May 13, 2023, through 7
p.m. on May 14, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0168 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST2 Courtney Perry, Sector Maryland-NCR, Waterways
Management Division, U.S. Coast Guard: telephone 410-576-2596, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On November 11, 2022, the Kent Narrows Racing Association (KNRA)
notified the Coast Guard that it will be conducting the Harford County
Spring Nationals Inboard Hydroplane Race on May 13, 2023 and May 14,
2023 from 9 a.m. to 7 p.m. on both days. The high-speed power boat
racing event consists of approximately 60 participating racing boats--
including composite and wood hull inboard hydroplanes--12 to 28 feet in
length. In response, on March 23, 2023, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled Special Local Regulation;
Bush River and Otter Point Creek; Between Perryman, MD and Edgewood, MD
(88 FR 17467). There, we stated why we issued the NPRM and invited
comments on our proposed regulatory action related to the high-speed
power boat race. During the comment period that ended April 24, 2023,
we received no comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the high-speed
power boat race scheduled to take place on May 13, 2023 and May 14,
2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port, Sector Maryland-National Capital Region
(COTP) has determined that potential hazards associated with the power
boat races would be a safety concern for anyone intending to
participate in this event and for vessels that operate within the
specified waters of the Bush River and Otter Point Creek. The purpose
of this rule is to protect event participants, non-participants, and
transiting vessels before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published March
23, 2023. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a regulated area from 9 a.m. on May 13, 2023
through 7
[[Page 30646]]
p.m. on May 14, 2023. The regulated area will cover all navigable
waters of the Bush River and Otter Point Creek, shoreline to shoreline,
bounded to the north by a line drawn from the western shoreline of the
Bush River at latitude 39[deg]21'15'' N, longitude 076[deg]14'39'' W
and thence eastward to the eastern shoreline of the Bush River at
latitude 39[deg]27'03'' N, longitude 076[deg]13'57'' W, and bounded to
the south by the Amtrak Railroad Bridge, across the Bush River at mile
6.8, between Perryman, MD and Edgewood, MD. These boundaries are based
on a detailed course map for the event which the Coast Guard received
from the sponsor on March 7, 2023. The COTP, and the Coast Guard Event
Patrol Commander (or ``Event PATCOM,'' a commissioned, warrant, or
petty officer of the U.S. Coast Guard who has been so designated by the
COTP) will 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 will 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 Harford County Spring Nationals participants and vessels
already at berth, a vessel or person will be required to get permission
from the COTP or Event PATCOM before entering the regulated area.
Vessel operators will 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 will 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 a safe speed that minimizes
wake. A person or vessel not registered with the event sponsor as a
participant or assigned as official patrols will be considered a
spectator. Official Patrols are any vessel assigned or approved by the
COTP with a commissioned, warrant, or petty officer onboard 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 will be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels will be required to
operate at a safe speed in a manner that minimizes wake while within
the regulated area and that would not endanger event participants or
any other craft. A spectator vessel must not loiter within the
navigable channel while present within the regulated area. Only
participant vessels and official patrol vessels will be allowed to
enter the race area. 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.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action'' under Executive Order 12866. Accordingly, this rule
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size and
duration of the regulated area, which will impact a small, designated
area of the Bush River for a total of 20 enforcement hours. Although
this regulated area extends across a large portion of the waterway, the
rule will allow vessels and persons to seek permission to enter the
regulated area, and vessel traffic able to do so safely will be able to
transit the regulated area as instructed by the Event PATCOM. Such
vessels must operate at a safe speed that minimizes wake and not loiter
within the navigable channel while present within the regulated area.
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the status of the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments,
[[Page 30647]]
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
implementation of regulations within 33 CFR 100 applicable to organized
marine events on the navigable waters of the United States that could
negatively impact the safety of waterway users and shore side
activities in the event area for 20 total enforcement hours. It is
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T05-0168 to read as follows:
Sec. 100.T05-0168 Special Local Regulation; Bush River and Otter
Point Creek; Between Perryman, MD and Edgewood, MD.
(a) Location. All coordinates are based on datum NAD 1983.
(1) Regulated area. All navigable waters of Bush River and Otter
Point Creek, from shoreline to shoreline, bounded to the north by a
line drawn from the western shoreline of the Bush River at latitude
39[deg]27'15'' N, longitude 076[deg]14'39'' W and thence eastward to
the eastern shoreline of the Bush River at latitude 39[deg]27'03'' N,
longitude 076[deg]13'57'' W; and bounded to the south by the Amtrak
Railroad Bridge, across the Bush River at mile 6.8, between Perryman,
MD and Edgewood, MD. The following locations are within the regulated
area: The regulations in this section apply to the following area:
(2) Race Area. The area is bounded by a line commencing at position
latitude 39[deg]26'39.48'' N, longitude 076[deg]15'23.44'' W, to
latitude 39[deg]26'36.52'' N, longitude 076[deg]15'13.33'' W, to
latitude 39[deg]26'36.94'' N, longitude 076[deg]15'10.01'' W, to
latitude 39[deg]26'38.59'' N, longitude 076[deg]15'07.41'' W, to
latitude 39[deg]26'41.03'' N, longitude 076[deg]15'06.22'' W, to
latitude 39[deg]26'43.61'' N, longitude 076[deg]15'06.76'' W, to
latitude 39[deg]26'45.63'' N, longitude 076[deg]15'08.89'' W, to
latitude 39[deg]26'47.93'' N, longitude 076[deg]15'16.76'' W, to
latitude 39[deg]26'50.24'' N, longitude 076[deg]15'24.63'' W, to
latitude 39[deg]26'49.81'' N, longitude 076[deg]15'27.95'' W, to
latitude 39[deg]26'48.16'' N, longitude 076[deg]15'30.56'' W, to
latitude 39[deg]26'45.72'' N, longitude 076[deg]15'31.75'' W, to
latitude 39[deg]26'43.15'' N, longitude 076[deg]15'31.20'' W, to
latitude 39[deg]26'41.13'' N, longitude 076[deg]15'29.07'' W thence
back to the beginning point.
(3) Buffer zone. The buffer zone surrounds the entire race area and
is bounded by a line commencing at position latitude 39[deg]26'39.60''
N, longitude 076[deg]15'30.00'' W, to latitude 39[deg]26'37.80'' N,
longitude 076[deg]15'24.00'' W, to latitude 39[deg]26'34'' N, longitude
076[deg]15'14.40'' W, to latitude 39[deg]26'34.80'' N, longitude
076[deg]15'09.00'' W, to latitude 39[deg]26'37.20'' N, longitude
076[deg]15'05.40'' W, to latitude 39[deg]26'40.80'' N, longitude
076[deg]15'03.60'' W, to latitude 39[deg]26'44.40'' N, longitude
076[deg]15'04.20'' W, to latitude 39[deg]26'46.80'' N, longitude
076[deg]15'07.20'' W, to latitude 39[deg]26'49.80'' N, longitude
076[deg]15'15.60'' W, to latitude 39[deg]26'52.20'' N, longitude
076[deg]15'25.20'' W, to latitude 39[deg]26'51.60'' N, longitude
076[deg]15'28.80'' W, to latitude 39[deg]26'49.20'' N, longitude
076[deg]15'32.40'' W, to latitude 39[deg]26'45.60'' N, longitude
076[deg]15'34.20'' W, to latitude 39[deg]26'42.60'' N, longitude
076[deg]615'33.60'' W thence back to the beginning point.
(4) Spectator Area. The spectator area is designated as the all
waters immediately surrounding the buffer zone up to a distance of 500
feet immediately surrounding the buffer zone.
(b) Definitions. As used in this section--
Buffer zone is a neutral area that surrounds the perimeter of the
race area within the regulated area described by this section. The
purpose of a buffer area is to minimize potential collision conflicts
with marine event participants or high-speed power boats and nearby
transiting vessels. This area provides separation between a race area
and other vessels that are operating in the vicinity of the regulated
area established by the special local regulations in this section.
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Maryland-National
Capital Region (COTP) in the enforcement of the regulations in this
section.
Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been so
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 a participant in the race.
Race area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a race
area within the regulated area defined by this section.
[[Page 30648]]
Spectator means a person or vessel not registered with the event
sponsor as a participant or assigned as official patrols.
(c) Regulations. (1) The COTP Maryland-National Capital Region or
Event PATCOM may forbid and control the movement of all vessels and
persons, including event participants, in the regulated area described
in paragraph (a)(1) of this section. When hailed or signaled by an
official patrol, a vessel or person in the regulated area shall
immediately comply with the directions given by the patrol. Failure to
do so may result in the Coast Guard expelling the person or vessel from
the area, issuing a citation for failure to comply, or both. The COTP
Maryland-National Capital Region or Event PATCOM may terminate the
event, or a participant's operations at any time the COTP Maryland-
National Capital Region or Event PATCOM believes it necessary to do so
for the protection of life or property.
(2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
(3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM,
and official patrol vessels enforcing this regulated area, can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
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 and remain within the race area.
(5) Only participant vessels and official patrol vessels are
allowed to enter and transit directly through the buffer area in order
to arrive at or depart from the race area.
(6) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
(7) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF- FM marine band radio announcing specific event dates
and times.
(d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
(e) Enforcement period. This section will be enforced from 9 a.m.
to 7 p.m. on May 13, 2023 and from 9 a.m. to 7 p.m. on May 14, 2023.
Dated: May 5, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2023-10125 Filed 5-11-23; 8:45 am]
BILLING CODE 9110-04-P