Special Local Regulation; Back River, Baltimore County, MD, 44694-44697 [2023-14811]

Download as PDF 44694 Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES1 and procedures governing the RMC consultation process and the role of RMC members. In addition to the RMC, the rule requires DCOs to establish one or more market participant risk advisory working groups (RWGs) that must convene at least twice a year, and adopt written policies and procedures related to the formation and role of the RWG. I appreciate that the staff took many commenters’ suggestions to make the rule more flexible for DCOs while still adhering to the Part 39 Core Principles. For example, the final rule does not categorically treat a DCO’s proposal to clear a new product as a matter that could materially affect the DCO’s risk profile, but instead provides flexibility to determine materiality on a case-by-case basis and to then require RMC consultation pursuant to § 39.24(b)(11). Staff recognized that this could result in unnecessary administrative costs and delays in launching new products, and, importantly, that DCOs are uniquely situated to determine what constitutes a new product. Providing Regulatory Clarity To Promote Compliance I appreciate that the staff made revisions to certain rule provisions in response to my concerns regarding regulatory clarity. If a rule is confusing, it can actually inhibit compliance simply because it is unclear what the Commission’s expectations are for our registered entities or registrants. Mindreading is not a good approach for rule implementation. For example, the preamble to the final rule now provides further clarification that DCOs have flexibility on how they structure the RMC, and the difference between a DCO structuring an RMC as an advisory committee to satisfy § 39.24(b)(11), and the risk management committee of a board of directors, especially for public companies and their subsidiaries and affiliates. Proposed § 39.24(b)(11) required a DCO to maintain governance arrangements that establish one or more RMCs, and a DCO’s board of directors to consult with, and consider and respond to input from, its RMC(s) on all matters that could materially affect the risk profile of the DCO, including any material change to the DCO’s margin model, default procedures, participation requirements, and risk monitoring practices, as well as the clearing of new products. My concern—reflected in various comment letters—was that the proposal was unclear whether an RMC was required to be structured as a board-level committee, or if the RMC could be structured as an advisory committee, and the DCO could still have a separate risk management committee of the board of directors for corporate governance purposes. I appreciate that the preamble to the final rule now clarifies that if a DCO structures its RMC as an advisory committee to satisfy the requirements of § 39.24(b)(11), it may also have a separate board-level risk management committee that is comprised of members of the board of directors that is not subject to § 39.24(b)(11). If the DCO’s RMC for purposes of § 39.24(b)(11) was a board-level committee, our RMC requirements would potentially VerDate Sep<11>2014 15:36 Jul 12, 2023 Jkt 259001 conflict with existing standards for corporate governance. I was concerned the proposal inaccurately suggested a requirement that the RMC must be structured as a board-level committee, and consequently, that DCOs had to appoint clearing members and customers to their boards of directors to meet the requirements of § 39.24(b)(11), among other changes to board procedures and processes. How a firm establishes board committees and delegates responsibilities is an important corporate governance decision and process, and subject to existing corporations law and other regulations.6 Comment letters reflected these concerns and confusion, especially since the SEC has proposed similar (but not identical) risk management committee requirements for clearing agencies, and does require that clearing agencies establish a board-level risk management committee. In addition, at my request, the staff has removed the word ‘‘independent’’ from the final rule text with respect to members of an RMC for purposes of § 39.24(b)(11), because this issue was already addressed by the rule’s requirements for conflicts of interest policies and risk-based input, and it is different from the concept of ‘‘independence’’ for outside board directors. This issue becomes particularly acute if the RMC is structured as a board-level committee, or if a board director is serving on an RMC that is structured as an advisory committee. I do not believe that the Commission should interpret or opine on corporate governance law or Delaware corporations law requirements regarding the duties of the board of directors, including fiduciary duties. I believe that the proposal’s concept of ‘‘independence’’ was more akin to input by RMC members that is informed by expertise with avoidance of conflicts of interest, and the final rule appropriately reflects this. Conclusion In closing, I’d like to thank my fellow Commissioners and the staff for addressing my concerns, and especially thank the staff for their hard work on this rule designed to provide a forum for stakeholders to be engaged in the sound risk management of our clearing system for derivatives markets. The diverse viewpoints provided by stakeholders, including clearing members and their customers, should help to increase the dialogue between DCOs and clearing members and result in enhanced resilience for CCPs. [FR Doc. 2023–14361 Filed 7–12–23; 8:45 am] BILLING CODE 6351–01–P 6 See, e.g., Matteo Tonello, ‘‘Should Your Board Have a Separate Risk Committee?’’ Harvard Law School Forum on Corporate Governance (Feb. 12, 2012) (based on a Conference Board Director Note by Carol Beaumier and Jim DeLoach, which was adapted from Board Perspectives: Risk Oversight, Protiviti, Issue 24, October 2011), available at https://corpgov.law.harvard.edu/2012/02/12/ should-your-board-have-a-separate-risk-committee/ . PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary special local regulation 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, which will either take place as scheduled (on July 15, 2023) or on an alternate date (July 16, 2023), in case of inclement weather. This rule prohibits 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. DATES: This rule is effective from 8 a.m. on July 15, 2023, to 5 p.m. on July 16, 2023. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, call or email MST2 Hollie Givens, U.S. Coast Guard Sector Maryland-National Capital Region; telephone 410–576–2596, email MDNCRMarineEvents@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: 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 Information and Regulatory History 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, E:\FR\FM\13JYR1.SGM 13JYR1 Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Rules and Regulations 2023, the event will be conducted from 9 a.m. to 5 p.m. on July 16, 2023. Potential hazards from the high-speed power boat event include collisions between participants operating within and adjacent to the designated navigation channel and with vessels operating within that channel or within approaches to local marinas and boat facilities and waterfront residential communities. The COTP MarylandNational Capital Region has determined that these potential hazards would be a safety concern for anyone participating in this event and for other vessels operating within specified waters of Back River. In response, on June 15, 2023, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Special Local Regulation; Back River, Baltimore County, MD (88 FR 39206). There, we stated why we issued the NPRM and we invited comments on our proposed regulatory action related to this event. During the comment period, which ended June 30, 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. As there are fewer than 30 days remaining before the date of the event, it would be impracticable and contrary to the public interest to make the regulation effective 30 days after publication in the Federal Register. Delaying the effective date of this rule would delay the implementation of safety measures necessary to respond to the potential safety hazards associated with this marine event. These potential hazards include collisions between participants operating within and adjacent to the designated navigation channel and with vessels not affiliated with the event operating within that channel and within approaches to local marinas, boat facilities, and waterfront residential communities. Immediate action is needed to protect participants, spectators, and other persons and vessels during the high-speed power boat event on these navigable waters. ddrumheller on DSK120RN23PROD with RULES1 III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70041. The Captain of the Port Sector MarylandNational Capital Region (COTP) has determined that potential hazards associated with the high-speed power boat event to be held on July 15, 2023 (or on a rain date of July 16, 2023) will be a safety concern for anyone intending to operate within certain waters of Back River in Baltimore County, MD, in or near the event area. VerDate Sep<11>2014 15:36 Jul 12, 2023 Jkt 259001 IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published June 1, 2023. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM other than the addition of language specifying the effective date of the rule and the deletion of an extraneous definition of ‘‘aerobatics box.’’ This rule establishes special local regulations effective from 8 a.m. on July 15 to 6 p.m. on July 16, 2023 and subject to enforcement from 8 a.m. to 6 p.m. on each of those days. The regulated area will 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 rule provides additional information about areas within the regulated area and their definitions. These areas include ‘‘Course Area,’’ ‘‘Buffer Area,’’ and ‘‘Spectator Areas.’’ The 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, (with an alternate date of July 16, 2023 in case of inclement weather). The COTP and the Coast Guard Event PATCOM 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 participants in the 2023 Tiki Lee’s Shootout on the River 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 44695 through the regulated area by contacting the Event PATCOM on VHF–FM channel 16. Vessel traffic will be able to transit the regulated area once the Event PATCOM deems it safe to do so. A person or vessel neither registered with the event sponsor as a participant nor assigned as an official patrol will be considered a spectator. An official Patrol is 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 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 that minimizes wake while within the regulated area, and 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 will direct spectators to the designated spectator 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. The regulatory text appears at the end of this document. 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 section 3(f) of Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). 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 Back River for E:\FR\FM\13JYR1.SGM 13JYR1 44696 Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES1 a total of 10 hours during which the area will be subject to enforcement. This waterway mainly supports 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 allows vessels and persons to seek permission to enter the regulated area, and vessel traffic will 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 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 VerDate Sep<11>2014 15:36 Jul 12, 2023 Jkt 259001 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, 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 the Coast Guard’s 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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 significant effect on the human environment. This 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 shoreside activities in the event area lasting for 10 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. 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 Marine safety, Navigation (water), Reporting and recordkeeping requirements, 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 § 100.501T05–0462 to read as follows: ■ § 100.501T05–0462 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 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 E:\FR\FM\13JYR1.SGM 13JYR1 ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Rules and Regulations 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 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, VerDate Sep<11>2014 15:36 Jul 12, 2023 Jkt 259001 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: 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. (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 PO 00000 Frm 00025 Fmt 4700 Sfmt 9990 44697 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 regulated area by other federal, state, and local agencies. (e) Effective period. This section will be effective from 8 a.m. on July 15, 2023 to 5 p.m. on July 16, 2023. (f) Enforcement periods. This section will be subject to enforcement from 8 a.m. to 6 p.m. on July 15, 2023, and from July 15, 2023, from 8 a.m. to 6 p.m. on July 16, 2023. Dated: July 6, 2023. David E. O’Connell, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2023–14811 Filed 7–12–23; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\13JYR1.SGM 13JYR1

Agencies

[Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Rules and Regulations]
[Pages 44694-44697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14811]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation 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, which will 
either take place as scheduled (on July 15, 2023) or on an alternate 
date (July 16, 2023), in case of inclement weather. This rule prohibits 
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.

DATES: This rule is effective from 8 a.m. on July 15, 2023, to 5 p.m. 
on July 16, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email MST2 Hollie Givens, U.S. Coast Guard Sector Maryland-
National Capital Region; 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
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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,

[[Page 44695]]

2023, the event will be conducted from 9 a.m. to 5 p.m. on July 16, 
2023. Potential hazards from the high-speed power boat event include 
collisions between participants operating within and adjacent to the 
designated navigation channel and with vessels operating within that 
channel or within approaches to local marinas and boat facilities and 
waterfront residential communities. The COTP Maryland-National Capital 
Region has determined that these potential hazards would be a safety 
concern for anyone participating in this event and for other vessels 
operating within specified waters of Back River. In response, on June 
15, 2023, the Coast Guard published a notice of proposed rulemaking 
(NPRM) titled Special Local Regulation; Back River, Baltimore County, 
MD (88 FR 39206). There, we stated why we issued the NPRM and we 
invited comments on our proposed regulatory action related to this 
event. During the comment period, which ended June 30, 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. As there are fewer than 30 days 
remaining before the date of the event, it would be impracticable and 
contrary to the public interest to make the regulation effective 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would delay the implementation of safety measures 
necessary to respond to the potential safety hazards associated with 
this marine event. These potential hazards include collisions between 
participants operating within and adjacent to the designated navigation 
channel and with vessels not affiliated with the event operating within 
that channel and within approaches to local marinas, boat facilities, 
and waterfront residential communities. Immediate action is needed to 
protect participants, spectators, and other persons and vessels during 
the high-speed power boat event on these navigable waters.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Captain of the Port Sector Maryland-National Capital Region 
(COTP) has determined that potential hazards associated with the high-
speed power boat event to be held on July 15, 2023 (or on a rain date 
of July 16, 2023) will be a safety concern for anyone intending to 
operate within certain waters of Back River in Baltimore County, MD, in 
or near the event area.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published June 
1, 2023. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM other than the addition of language 
specifying the effective date of the rule and the deletion of an 
extraneous definition of ``aerobatics box.''
    This rule establishes special local regulations effective from 8 
a.m. on July 15 to 6 p.m. on July 16, 2023 and subject to enforcement 
from 8 a.m. to 6 p.m. on each of those days. The regulated area will 
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 rule provides additional information about areas within the 
regulated area and their definitions. These areas include ``Course 
Area,'' ``Buffer Area,'' and ``Spectator Areas.''
    The 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, (with an 
alternate date of July 16, 2023 in case of inclement weather). The COTP 
and the Coast Guard Event PATCOM 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 participants in the 2023 Tiki Lee's Shootout on the 
River 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 transit the 
regulated area once the Event PATCOM deems it safe to do so. A person 
or vessel neither registered with the event sponsor as a participant 
nor assigned as an official patrol will be considered a spectator. An 
official Patrol is 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 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 that minimizes wake while within the regulated 
area, and 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 will 
direct spectators to the designated spectator 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.
    The regulatory text appears at the end of this document.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
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 Back River for

[[Page 44696]]

a total of 10 hours during which the area will be subject to 
enforcement. This waterway mainly supports 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 allows vessels and persons to seek permission to enter the 
regulated area, and vessel traffic will 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 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, 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 the 
Coast Guard's 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 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 shoreside activities in the event area lasting for 10 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. 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

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, 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.  100.501T05-0462 to read as follows:


Sec.  100.501T05-0462  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 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

[[Page 44697]]

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:
    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 regulated area by other 
federal, state, and local agencies.
    (e) Effective period. This section will be effective from 8 a.m. on 
July 15, 2023 to 5 p.m. on July 16, 2023.
    (f) Enforcement periods. This section will be subject to 
enforcement from 8 a.m. to 6 p.m. on July 15, 2023, and from July 15, 
2023, from 8 a.m. to 6 p.m. on July 16, 2023.

    Dated: July 6, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2023-14811 Filed 7-12-23; 8:45 am]
BILLING CODE 9110-04-P
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