Special Local Regulation; Back River, Baltimore County, MD, 39206-39210 [2023-12749]
Download as PDF
<![CDATA[
39206
Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Proposed Rules
You may submit comments,
identified by RIN 3038–AF21, by any of
the following methods:
• CFTC Comments Portal: https://
comments.cftc.gov. Select the ‘‘Submit
Comments’’ link for this rulemaking and
follow the instructions on the Public
Comment Form.
• Mail: Send to Christopher
Kirkpatrick, Secretary of the
Commission, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street NW,
Washington, DC 20581.
• Hand Delivery/Courier: Follow the
same instructions as for Mail, above.
Please submit your comments using
only one of these methods. Submissions
through the CFTC Comments Portal are
encouraged.
All comments must be submitted in
English, or if not, accompanied by an
English translation. Comments will be
posted as received to https://
comments.cftc.gov. You should submit
only information that you wish to make
available publicly. If you wish the
Commission to consider information
that you believe is exempt from
disclosure under the Freedom of
Information Act, a petition for
confidential treatment of the exempt
information may be submitted according
to the procedures established in § 145.9
of the Commission’s regulations.1 The
Commission reserves the right, but shall
have no obligation, to review, prescreen, filter, redact, refuse or remove
any or all of your submission from
https://comments.cftc.gov that it may
deem to be inappropriate for
publication, such as obscene language.
FOR FURTHER INFORMATION CONTACT:
Robert B. Wasserman, Chief Counsel,
Division of Clearing and Risk, at 202–
418–5092 or rwasserman@cftc.gov, or
Daniel O’Connell, Special Counsel,
Division of Clearing and Risk, at 202–
418–5583 or doconnell@cftc.gov, at the
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581.
ADDRESSES:
On April
14, 2023, the Commission published in
the Federal Register an NPRM
proposing to amend the CFTC’s
derivatives clearing organization (DCO)
risk management regulations adopted
under section 5b of the Commodity
Exchange Act to permit futures
commission merchants that are clearing
members to treat the separate accounts
of a single customer as accounts of
separate entities for purposes of
Commission regulation
lotter on DSK11XQN23PROD with PROPOSALS1
SUPPLEMENTARY INFORMATION:
1 17
CFR 145.9.
VerDate Sep<11>2014
16:34 Jun 14, 2023
Jkt 259001
§ 39.13(g)(8)(iii).2 The proposed
amendments would add a new
paragraph (j) to regulation § 39.13
establishing the conditions under which
a DCO may permit such separate
account treatment. The comment period
for the NPRM closes on June 13, 2023.
As requested by a commenter, the
Commission is extending the comment
period for this NPRM by an additional
17 days.3 This extension of the
comment period will allow interested
persons additional time to analyze the
proposal and prepare their comments.
Issued in Washington, DC, on June 12,
2023, by the Commission.
Christopher Kirkpatrick,
Secretary of the Commission.
NOTE: The following appendix will not
appear in the Code of Federal Regulations.
Appendix to Derivatives Clearing
Organization Risk Management
Regulations To Account for the
Treatment of Separate Accounts by
Futures Commission Merchants—
Commission Voting Summary
On this matter, Chairman Behnam and
Commissioners Johnson, Goldsmith Romero,
Mersinger, and Pham voted in the
affirmative. No Commissioner voted in the
negative.
[FR Doc. 2023–12832 Filed 6–14–23; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2023–0462]
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 15, 2023, (alternate
date on July 16, 2023). This proposed
SUMMARY:
2 Derivatives Clearing Organization Risk
Management Regulations To Account for the
Treatment of Separate Accounts by Futures
Commission Merchants, 88 FR 22934 (Apr. 14,
2023).
3 FIA Letter dated June 9, 2023 to Christopher J.
Kirkpatrick.
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
rulemaking would prohibit persons and
vessels from being in the regulated area
unless authorized by the Captain of the
Port, Maryland-National Capital Region
or 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 30, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0462 using the Federal DecisionMaking 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 LCDR Samuel
M. Danus, U.S. Coast Guard Sector
Maryland-National Capital Region;
telephone 410–576–2519, email
MDNCRMarineEvents@uscg.mil.
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
Tiki Lee’s Dock Bar of Sparrows
Point, MD, notified the Coast Guard that
they will be conducting the 2023 Tiki
Lee’s Shootout on the River from 9 a.m.
to 5 p.m. on July 15, 2023. The
individually-timed power boat speed
runs event consists of approximately 40
participants competing on a designated,
marked linear course located on Back
River between Porter Point to the south
and Stansbury 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. In the
event of inclement weather on July 15,
2023, the event will be conducted from
9 a.m. to 5 p.m. on July 16, 2023.
Hazards from the high-speed power boat
event 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 residential
communities. The COTP MarylandNational Capital Region has determined
that potential hazards associated with
E:\FR\FM\15JNP1.SGM
15JNP1
Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1
the high-speed power boat event would
be a safety concern for anyone intending
to participate in this event and for
vessels that operate within specified
waters of Back River.
The purpose of this rulemaking is to
protect event participants, nonparticipants, and transiting vessels
before, during, and after the scheduled
event. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70041. The Coast Guard is requesting
that interested parties provide
comments within a shortened comment
period of 15 days instead of the typical
30 days for this notice of proposed
rulemaking. The Coast Guard believes
the 15-day comment period still
provides for a reasonable amount of
time for interested parties to review the
proposal and provide informed
comments on it while also ensuring the
Coast Guard has time to review and
respond to any significant comments
and has a final rule in effect in time for
the scheduled event to protect against
the identified hazards.
III. Discussion of Proposed Rule
The COTP Maryland-National Capital
Region proposes to establish special
local regulations from 8 a.m. to 6 p.m.
on July 15, 2023. 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 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
Areas.’’
The proposed duration of the special
local regulations and size of the
regulated area are intended to ensure
the safety of life on these navigable
waters before, during, and after the
high-speed power boat event, scheduled
from 9 a.m. to 5 p.m. on July 15, 2023,
(alternate date on July 16, 2023). The
COTP and the Coast Guard Event
PATCOM would have authority to
forbid and control the movement of all
vessels and persons, including event
VerDate Sep<11>2014
16:34 Jun 14, 2023
Jkt 259001
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 2023 Tiki Lee’s 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 in a manner
that would not endanger event
participants or any other craft. 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 would be allowed to
enter the aerobatics box. 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
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
39207
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 size and duration of the
regulated area, which would impact a
small, designated area of Back River for
10 total enforcement hours. This
waterway supports mainly recreational
vessel traffic, which at its peak, occurs
during the summer season. Although
this regulated area extends across the
entire width of the waterway, the rule
would allow vessels and persons to seek
permission to enter the regulated area,
and vessel traffic would be able to
transit the regulated area as instructed
by Event PATCOM. Such vessels must
operate at safe speed that minimizes
wake and not loiter within the navigable
channel while within the regulated area.
Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
status of the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the 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 proposed rule would have
a significant economic impact on it,
please submit a comment (see
E:\FR\FM\15JNP1.SGM
15JNP1
39208
Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Proposed Rules
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rulemaking 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
proposed 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).
lotter on DSK11XQN23PROD with PROPOSALS1
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
VerDate Sep<11>2014
16:34 Jun 14, 2023
Jkt 259001
$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
potential effects of this proposed 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 10
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.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
USCG–2023–0462 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. Also, if you click
on the Dockets tab and then the
proposed rule, you should see a
‘‘Subscribe’’ option for email alerts. The
option will notify you when comments
are posted, or a final rule is published.
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.
Personal information. 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 to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
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. 70041; 33 CFR 1.05–
1.
2. Add § 100.501T05–0161 to read as
follows:
■
§ 100.501T05–0161 2nd Annual Tiki Lee’s
Shootout on the River, Back River,
Baltimore County, MD.
(a) Locations. All coordinates are
based on datum NAD 1983.
(1) Regulated area. All navigable
waters of Back River, within an area
E:\FR\FM\15JNP1.SGM
15JNP1
lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Proposed Rules
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 and
terminating at the point of origin. The
aerobatics box and spectator areas are
within the regulated area.
(2) Course Area. The course area is a
polygon in shape measuring
approximately 1,400 yards in length by
50 yards in width. The area is bounded
by a line commencing at position
latitude 39°16′14.98″ N, longitude
076°26′57.38″ W, thence east to latitude
39°16′15.36″ N, longitude 076°26′55.56″
W, thence south to latitude 39°15′33.40″
N, longitude 076°26′49.70″ W, thence
west to latitude 39°15′33.17″ N,
longitude 076°26′51.60″ W, thence north
to and terminating at the point of origin.
(3) Buffer Area. The buffer area is a
polygon in shape measuring
approximately 100 yards in east and
west directions and approximately 150
yards in north and south 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′18.72″ N, longitude 076°27′01.74″
W, thence east to latitude 39°16′20.36″
N, longitude 076°26′52.39″ W, thence
south to latitude 39°15′29.27″ N,
longitude 076°26′45.36″ W, thence west
to latitude 39°15′28.43″ N, longitude
076°26′54.94″ W, thence north to and
terminating at the point of origin.
(4) Spectator Areas—(i) East
Spectator Fleet Area. The area is a
polygon in shape measuring
approximately 2,200 yards in length by
450 yards in width. The area is bounded
by a line commencing at position
latitude 39°15′20.16″ N, longitude
076°26′17.99″ W, thence west to latitude
39°15′17.47″ N, longitude 076°26′27.41″
W, thence north to latitude 39°16′18.48″
N, longitude 076°26′48.42″ W, thence
east to latitude 39°16′25.60″ N,
longitude 076°26′27.14″ W, thence
south to latitude 39°15′40.90″ N,
longitude 076°26′31.30″ W, thence
south to and terminating at the point of
origin.
(ii) Northwest Spectator Fleet Area.
The area is a polygon in shape
measuring approximately 750 yards in
length by 150 yards in width. The area
is bounded by a line commencing at
position latitude 39°16′01.64″ N,
longitude 076°27′11.62″ W, thence
VerDate Sep<11>2014
16:34 Jun 14, 2023
Jkt 259001
south to latitude 39°15′47.80″ N,
longitude 076°27′06.50″ W, thence
southwest to latitude 39°15′40.11″ N,
longitude 076°27′08.71″ W, thence
northeast to latitude 39°15′45.63″ N,
longitude 076°27′03.08″ W, thence
northeast to latitude 39°16′01.19″ N,
longitude 076°27′05.65″ W, thence west
to and terminating at the point of origin.
(iii) Southwest Spectator Fleet Area.
The area is a polygon in shape
measuring approximately 400 yards in
length by 175 yards in width. The area
is bounded by a line commencing at
position latitude 39°15′30.81″ N,
longitude 076°27′05.58″ W, thence
south to latitude 39°15′21.06″ N,
longitude 076°26′56.14″ W, thence east
to latitude 39°15′21.50″ N, longitude
076°26′52.59″ W, thence north to
latitude 39°15′29.75″ N, longitude
076°26′56.12″ W, thence west to and
terminating at the point of origin.
(b) Definitions. As used in this
section—
Aerobatics Box is an area described by
a line bound by coordinates provided in
latitude and longitude that outlines the
boundary of an aerobatics box within
the regulated area defined by this
section.
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.
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 a person or vessel
registered with the event sponsor as
participating in the ‘‘2nd Annual Tiki
Lee’s Shootout on the River’’ 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 within the
regulated area defined by this section
that outlines the boundary of an area
reserved for non-participant vessels
watching the event.
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
39209
(c) Special local regulations. (1) The
COTP Maryland-National Capital
Region or Event PATCOM may forbid
and control the movement of all vessels
and persons, including event
participants, in the regulated area
described in paragraph (a)(1) of this
section. When hailed or signaled by an
official patrol, a vessel or person in the
regulated area shall immediately
comply with the directions given by the
patrol. Failure to do so may result in the
Coast Guard expelling the person or
vessel from the area, issuing a citation
for failure to comply, or both. The COTP
Maryland-National Capital Region or
Event PATCOM may terminate the
event, or a participant’s operations at
any time the COTP Maryland-National
Capital Region or Event PATCOM
believes it necessary to do so for the
protection of life or property.
(2) Except for participants and vessels
already at berth, a person or vessel
within the regulated area at the start of
enforcement of this section must
immediately depart the regulated area.
(3) A spectator must contact the Event
PATCOM to request permission to
either enter or pass through the
regulated area. The Event PATCOM, and
official patrol vessels enforcing this
regulated area can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz) and channel 22A (157.1
MHz). If permission is granted, the
spectator must enter a 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 are
allowed to enter and remain within the
aerobatics box.
(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
E:\FR\FM\15JNP1.SGM
15JNP1
39210
Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Proposed Rules
regulated area by other federal, state,
and local agencies.
(e) Enforcement periods. This section
will be enforced from 8 a.m. to 6 p.m.
on July 15, 2023, and, if necessary due
to inclement weather on July 15, 2023,
from 8 a.m. to 6 p.m. on July 16, 2023.
Dated: June 9, 2023.
David E. O’Connell,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2023–12749 Filed 6–14–23; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2019–0647; FRL–10975–
01–R10]
Air Plan Approval; WA; Excess
Emissions, Startup, Shutdown, and
Malfunction Revisions
Table of Contents
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the State of
Washington, through the Department of
Ecology on November 12, 2019. The
revisions were submitted by
Washington in response to an EPA’s
June 12, 2015 ‘‘SIP call’’ in which EPA
found a substantially inadequate
Washington SIP provision providing
affirmative defenses that operate to limit
the jurisdiction of the Federal court in
an enforcement action related to excess
emissions during startup, shutdown,
and malfunction (SSM) events. EPA is
proposing approval of the SIP revisions
and proposing to determine that
removal of the substantially inadequate
provision corrects the deficiency
identified in the June 12, 2015, SIP call.
DATES: Comments must be received on
or before July 17, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2019–0647, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not
electronically submit any information
you consider to be Confidential
Business Information (CBI) or other
information the disclosure of which is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
16:34 Jun 14, 2023
Jkt 259001
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, the full EPA public comment
policy, information about CBI or
multimedia submissions, and general
guidance on making effective
comments, please visit https://
www.epa.gov/dockets/commenting-epadockets.
FOR FURTHER INFORMATION CONTACT:
Randall Ruddick, EPA Region 10, 1200
Sixth Avenue (Suite 155), Seattle, WA
98101, (206) 553–1999; or email
ruddick.randall@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ or ‘‘our,’’ is used, it refers to EPA.
I. Background
II. Analysis of SIP Submission
A. Geographic Applicability
B. The Provision Subject to the 2015 SIP
Call
C. Additional SIP Revisions Submitted But
Not Specified in the 2015 SIP Call
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Orders Review
I. Background
On February 22, 2013, the EPA issued
a Federal Register notice of proposed
rulemaking outlining EPA’s policy at
the time with respect to SIP provisions
related to periods of SSM. EPA analyzed
specific SSM SIP provisions and
explained how each one either did or
did not comply with the Clean Air Act
(CAA) with regard to excess emission
events.1 For each SIP provision that
EPA determined to be inconsistent with
the CAA, EPA proposed to find that the
existing SIP provision was substantially
inadequate to meet CAA requirements
and thus proposed to issue a SIP call
under CAA section 110(k)(5).2 On
September 17, 2014, EPA issued a
supplemental proposal revising what
the Agency had previously proposed on
February 22, 2013, in light of a D.C.
Circuit decision that determined EPA
1 State Implementation Plans: Response to
Petition for Rulemaking; Findings of Substantial
Inadequacy; and SIP Calls To Amend Provisions
Applying to Excess Emissions During Periods of
Startup, Shutdown, and Malfunction, 78 FR 12460
(Feb. 22, 2013).
2 The term ‘‘SIP Call’’ refers to the requirement for
a revised SIP in response to a finding by the EPA
that a SIP is ‘‘substantially inadequate’’ to meet
CAA requirements pursuant to CAA section
110(k)(5), titled ‘‘Calls for plan revisions.’’
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
does not have authority under the CAA
to create or approve affirmative defense
provisions applicable to private civil
suits.3 EPA outlined its updated policy
that affirmative defense SIP provisions
are not consistent with CAA
requirements. EPA proposed in the
supplemental proposal document to
apply its revised interpretation of the
CAA to specific affirmative defense SIP
provisions and proposed SIP calls for
those provisions where appropriate.4
On June 12, 2015, pursuant to CAA
section 110(k)(5), EPA finalized ‘‘State
Implementation Plans: Response to
Petition for Rulemaking; Restatement
and Update of EPA’s SSM Policy
Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to
Amend Provisions Applying to Excess
Emissions During Periods of Startup,
Shutdown and Malfunction,’’ (80 FR
33840, June 12, 2015), hereinafter
referred to as the ‘‘2015 SSM SIP
Action.’’ The 2015 SSM SIP Action
clarified, restated, and updated EPA’s
interpretation that SSM exemption and
affirmative defense SIP provisions are
inconsistent with CAA requirements.
The 2015 SSM SIP Action found that
certain SIP provisions in 36 states
(including Washington State) were
substantially inadequate to meet CAA
requirements and issued a SIP call to
those states to submit SIP revisions to
address the inadequacies. EPA
established an 18-month deadline by
which the affected states had to submit
such SIP revisions. States were required
to submit corrective revisions to their
SIPs in response to the SIP calls by
November 22, 2016.
In October 2020, EPA issued a SSM
Memorandum (2020 Memorandum).5
Importantly, the 2020 Memorandum
stated that it ‘‘did not alter in any way
the determinations made in the 2015
SSM SIP Action that identified specific
state SIP provisions that were
substantially inadequate to meet the
requirements of the Act.’’ Accordingly,
the 2020 Memorandum had no direct
impact on the SIP call issued to
Washington in 2015. The 2020
Memorandum did, however, indicate
EPA’s intent at the time to review SIP
3 The term affirmative defense provision means a
state law provision in a SIP that specifies particular
criteria or preconditions that, if met, would purport
to preclude a court from imposing monetary
penalties or other forms of relief for violations of
SIP requirements in accordance with CAA section
113 or CAA section 304. 80 FR 33839, June 12,
2015.
4 See79 FR 55920, September 17, 2014.
5 October 9, 2020, memorandum ‘‘Inclusion of
Provisions Governing Periods of Startup,
Shutdown, and Malfunctions in State
Implementation Plans,’’ from Andrew R. Wheeler,
Administrator.
E:\FR\FM\15JNP1.SGM
15JNP1
]]>Agencies
[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Proposed Rules]
[Pages 39206-39210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12749]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0462]
RIN 1625-AA08
Special Local Regulation; Back River, Baltimore County, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
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 15, 2023, (alternate date on July 16, 2023). This proposed
rulemaking would prohibit persons and vessels from being in the
regulated area unless authorized by the Captain of the Port, Maryland-
National Capital Region or 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 30, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0462 using the Federal Decision-Making 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 LCDR Samuel M. Danus, U.S. Coast
Guard Sector Maryland-National Capital Region; telephone 410-576-2519,
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
Tiki Lee's Dock Bar of Sparrows Point, MD, notified the Coast Guard
that they will be conducting the 2023 Tiki Lee's Shootout on the River
from 9 a.m. to 5 p.m. on July 15, 2023. The individually-timed power
boat speed runs event consists of approximately 40 participants
competing on a designated, marked linear course located on Back River
between Porter Point to the south and Stansbury 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. In the event of inclement
weather on July 15, 2023, the event will be conducted from 9 a.m. to 5
p.m. on July 16, 2023. Hazards from the high-speed power boat event
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 residential communities. The
COTP Maryland-National Capital Region has determined that potential
hazards associated with
[[Page 39207]]
the high-speed power boat event would be a safety concern for anyone
intending to participate in this event and for vessels that operate
within specified waters of Back River.
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 is proposing this rulemaking under
authority in 46 U.S.C. 70041. The Coast Guard is requesting that
interested parties provide comments within a shortened comment period
of 15 days instead of the typical 30 days for this notice of proposed
rulemaking. The Coast Guard believes the 15-day comment period still
provides for a reasonable amount of time for interested parties to
review the proposal and provide informed comments on it while also
ensuring the Coast Guard has time to review and respond to any
significant comments and has a final rule in effect in time for the
scheduled event to protect against the identified hazards.
III. Discussion of Proposed Rule
The COTP Maryland-National Capital Region proposes to establish
special local regulations from 8 a.m. to 6 p.m. on July 15, 2023. 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 Areas.''
The proposed duration of the special local regulations and size of
the regulated area are intended to ensure the safety of life on these
navigable waters before, during, and after the high-speed power boat
event, scheduled from 9 a.m. to 5 p.m. on July 15, 2023, (alternate
date on July 16, 2023). The COTP and the Coast Guard Event 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 2023 Tiki Lee's 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 in a manner that would not endanger event participants or any
other craft. 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 would be allowed to enter the aerobatics box. 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 size and
duration of the regulated area, which would impact a small, designated
area of Back River for 10 total enforcement hours. This waterway
supports mainly recreational vessel traffic, which at its peak, occurs
during the summer season. Although this regulated area extends across
the entire width of the waterway, the rule would allow vessels and
persons to seek permission to enter the regulated area, and vessel
traffic would be able to transit the regulated area as instructed by
Event PATCOM. Such vessels must operate at safe speed that minimizes
wake and not loiter within the navigable channel while within the
regulated area. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the status of the
regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
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 proposed rule
would have a significant economic impact on it, please submit a comment
(see
[[Page 39208]]
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rulemaking 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 proposed 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 potential effects of
this proposed 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 10 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0462 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
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.
Personal information. 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
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.501T05-0161 to read as follows:
Sec. 100.501T05-0161 2nd Annual Tiki Lee's Shootout on the River,
Back River, Baltimore County, MD.
(a) Locations. All coordinates are based on datum NAD 1983.
(1) Regulated area. All navigable waters of Back River, within an
area
[[Page 39209]]
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 and terminating
at the point of origin. The aerobatics box and spectator areas are
within the regulated area.
(2) Course Area. The course area is a polygon in shape measuring
approximately 1,400 yards in length by 50 yards in width. The area is
bounded by a line commencing at position latitude 39[deg]16'14.98'' N,
longitude 076[deg]26'57.38'' W, thence east to latitude
39[deg]16'15.36'' N, longitude 076[deg]26'55.56'' W, thence south to
latitude 39[deg]15'33.40'' N, longitude 076[deg]26'49.70'' W, thence
west to latitude 39[deg]15'33.17'' N, longitude 076[deg]26'51.60'' W,
thence north to and terminating at the point of origin.
(3) Buffer Area. The buffer area is a polygon in shape measuring
approximately 100 yards in east and west directions and approximately
150 yards in north and south 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]16'18.72'' N,
longitude 076[deg]27'01.74'' W, thence east to latitude
39[deg]16'20.36'' N, longitude 076[deg]26'52.39'' W, thence south to
latitude 39[deg]15'29.27'' N, longitude 076[deg]26'45.36'' W, thence
west to latitude 39[deg]15'28.43'' N, longitude 076[deg]26'54.94'' W,
thence north to and terminating at the point of origin.
(4) Spectator Areas--(i) East Spectator Fleet Area. The area is a
polygon in shape measuring approximately 2,200 yards in length by 450
yards in width. The area is bounded by a line commencing at position
latitude 39[deg]15'20.16'' N, longitude 076[deg]26'17.99'' W, thence
west to latitude 39[deg]15'17.47'' N, longitude 076[deg]26'27.41'' W,
thence north to latitude 39[deg]16'18.48'' N, longitude
076[deg]26'48.42'' W, thence east to latitude 39[deg]16'25.60'' N,
longitude 076[deg]26'27.14'' W, thence south to latitude
39[deg]15'40.90'' N, longitude 076[deg]26'31.30'' W, thence south to
and terminating at the point of origin.
(ii) Northwest Spectator Fleet Area. The area is a polygon in shape
measuring approximately 750 yards in length by 150 yards in width. The
area is bounded by a line commencing at position latitude
39[deg]16'01.64'' N, longitude 076[deg]27'11.62'' W, thence south to
latitude 39[deg]15'47.80'' N, longitude 076[deg]27'06.50'' W, thence
southwest to latitude 39[deg]15'40.11'' N, longitude 076[deg]27'08.71''
W, thence northeast to latitude 39[deg]15'45.63'' N, longitude
076[deg]27'03.08'' W, thence northeast to latitude 39[deg]16'01.19'' N,
longitude 076[deg]27'05.65'' W, thence west to and terminating at the
point of origin.
(iii) Southwest Spectator Fleet Area. The area is a polygon in
shape measuring approximately 400 yards in length by 175 yards in
width. The area is bounded by a line commencing at position latitude
39[deg]15'30.81'' N, longitude 076[deg]27'05.58'' W, thence south to
latitude 39[deg]15'21.06'' N, longitude 076[deg]26'56.14'' W, thence
east to latitude 39[deg]15'21.50'' N, longitude 076[deg]26'52.59'' W,
thence north to latitude 39[deg]15'29.75'' N, longitude
076[deg]26'56.12'' W, thence west to and terminating at the point of
origin.
(b) Definitions. As used in this section--
Aerobatics Box is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of an
aerobatics box within the regulated area defined by this section.
Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
Participant means a person or vessel registered with the event
sponsor as participating in the ``2nd Annual Tiki Lee's Shootout on the
River'' 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 within the regulated area defined by
this section that outlines the boundary of an area reserved for non-
participant vessels watching the event.
(c) Special local regulations. (1) The COTP Maryland-National
Capital Region or Event PATCOM may forbid and control the movement of
all vessels and persons, including event participants, in the regulated
area described in paragraph (a)(1) of this section. When hailed or
signaled by an official patrol, a vessel or person in the regulated
area shall immediately comply with the directions given by the patrol.
Failure to do so may result in the Coast Guard expelling the person or
vessel from the area, issuing a citation for failure to comply, or
both. The COTP Maryland-National Capital Region or Event PATCOM may
terminate the event, or a participant's operations at any time the COTP
Maryland-National Capital Region or Event PATCOM believes it necessary
to do so for the protection of life or property.
(2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
(3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM,
and official patrol vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
enter a 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 are allowed to enter and remain within
the aerobatics box.
(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
[[Page 39210]]
regulated area by other federal, state, and local agencies.
(e) Enforcement periods. This section will be enforced from 8 a.m.
to 6 p.m. on July 15, 2023, and, if necessary due to inclement weather
on July 15, 2023, from 8 a.m. to 6 p.m. on July 16, 2023.
Dated: June 9, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2023-12749 Filed 6-14-23; 8:45 am]
BILLING CODE 9110-04-P
