Special Local Regulation; Back River, Baltimore County, MD

• Citation: 86 FR 35604
• Record Number: 2021-14361
• Published date: 07 July 2021
• Section: Rules and Regulations
• Court: Coast Guard

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DEPARTMENT OF HOMELAND

SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG–2021–0292]

RIN 1625–AA08

Special Local Regulation; Back River,

Baltimore County, MD

AGENCY

: Coast Guard, DHS.

ACTION

: Temporary final rule.

SUMMARY

: The Coast Guard is

establishing 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 activities associated

with an air show event from July 9,

2021, through July 11, 2021. This

regulation prohibits persons and vessels

from entering the regulated area unless

authorized by the Captain of the Port

Maryland-National Capital Region or the

Coast Guard Event Patrol Commander.

DATES

: This rule is effective from 4 p.m.

on July 9, 2021, through 4 p.m. on July

11, 2021.

ADDRESSES

: To view documents

mentioned in this preamble as being

available in the docket, go to https://

www.regulations.gov, type USCG–2021–

0292 in the ‘‘SEARCH’’ box and click

‘‘SEARCH.’’ Next, in the Document

Type column, select ‘‘Supporting &

Related Material.’’

FOR FURTHER INFORMATION CONTACT

: If

you have questions on this rule, call or

email Mr. Ron Houck, U.S. Coast Guard

Sector Maryland-National Capital

Region; telephone 410–576–2674, email

D05-DG-SectorMD-NCR-MarineEvents@

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 Information and

Regulatory History

On April 21, 2021, Tiki Lee’s Dock

Bar of Sparrows Point, MD, and David

Schultz Airshows, LLC of Clearfield,

PA, notified the Coast Guard, it will be

conducting the 1st Annual Shootout on

the River Airshow—Sparrows Point in

Back River, between Lynch Point and

Walnut Point, in Baltimore County, MD

on July 10, 2021, and July 11, 2021. In

response, on May 27, 2021, the Coast

Guard published a notice of proposed

rulemaking (NPRM) titled ‘‘Special

Local Regulation; Back River, Baltimore

County, MD’’ (86 FR 28516). There we

stated why we issued the NPRM, and

invited comments on our proposed

regulatory action related to this

fireworks display. During the comment

period that ended June 11, 2021, 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. Due to the date of the event,

it would be impracticable to make the

regulation effective 30 days after

publication in the Federal Register.

Delaying the effective date of this rule

would be impracticable and contrary to

the public interest because it would

delay the safety measures necessary to

respond to potential safety hazards

associated with this marine event.

Hazards from the air show include risks

of injury or death resulting from aircraft

accidents, dangerous projectiles,

hazardous materials spills, falling

debris, and near or actual contact among

participants and spectator vessels or

waterway users if normal vessel traffic

were to interfere with the event.

Additionally, such hazards include

participants operating near a designated

navigation channel, as well as operating

adjacent to waterside residential

communities. Immediate action is

needed to protect participants,

spectators, and other persons and

vessels during the air show 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 Maryland-National

Capital Region (COTP) has determined

that potential hazards associated with

the air show being held from July 9,

2021, through July 11, 2021, will be a

safety concern for anyone intending to

operate within certain waters of Back

River in Baltimore County, MD,

operating in or near the event area.

IV. Discussion of Comments, Changes,

and the Rule

As noted above, we received no

comments on our NPRM published May

27, 2021. There are no changes in the

regulatory text of this rule from the

proposed rule in the NPRM.

This rule establishes special local

regulations from 4 p.m. on July 9, 2021,

through 4 p.m. on July 11, 2021. 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. This rule provides

additional information about areas

within the regulated area and their

definitions. These areas include

‘‘Aerobatics Box’’ and ‘‘Spectator Area.’’

The size of the regulated area and

duration of the special local regulations

are intended to ensure the safety of life

on these navigable waters before,

during, and after activities associated

with the air show, scheduled from 5

p.m. to 6 p.m. on July 9, 2021, and from

2 p.m. to 3 p.m. both days on July 10,

2021, and July 11, 2021. The COTP and

the Coast Guard Event Patrol

Commander (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 1st Annual Shootout on the

River Airshow—Sparrows Point

participants and vessels already at

berth, a vessel or person will be

required to get permission from the

COTP or Event PATCOM before

entering the regulated area. Vessel

operators will be able to request

permission to enter and transit through

the regulated area by contacting the

Event PATCOM on VHF–FM channel

16. Vessel traffic will be able to safely

transit the regulated area once the Event

PATCOM deems it safe to do so. A

vessel within the regulated area must

operate at safe speed that minimizes

wake. A person or vessel not registered

with the event sponsor as a participant

or assigned as official patrols will be

considered a spectator. Official Patrols

are any vessel assigned or approved by

the 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

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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. 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. Only

participant vessels will be allowed to

enter the aerobatics box. The Coast

Guard will publish a notice in the Fifth

Coast Guard District Local Notice to

Mariners and issue a marine

information broadcast on VHF–FM

marine band radio announcing specific

event dates and times.

V. Regulatory Analyses

We developed this rule after

considering numerous statutes and

Executive orders related to rulemaking.

Below we summarize our analyses

based on a number of these statutes and

Executive orders, and we discuss First

Amendment rights of protestors.

A. Regulatory Planning and Review

Executive Orders 12866 and 13563

direct agencies to assess the costs and

benefits of available regulatory

alternatives and, if regulation is

necessary, to select regulatory

approaches that maximize net benefits.

This rule has not been designated a

‘‘significant regulatory action,’’ under

Executive Order 12866. Accordingly,

this rule has not been reviewed by the

Office of Management and Budget

(OMB).

This regulatory action determination

is based on the location, size and

duration of the regulated area, which

will impact a small designated area of

Back River for 9 total enforcement

hours. This waterway supports mainly

recreational vessel traffic, which at its

peak, occurs during the summer season.

The Coast Guard will issue a Broadcast

Notice to Mariners via VHF–FM marine

channel 16 about the status of the

regulated area. Moreover, the rule will

allow vessels to seek permission to enter

the regulated area, and vessel traffic will

be able to safely transit the regulated

area once the Event PATCOM deems it

safe to do so.

B. Impact on Small Entities

The Regulatory Flexibility Act of

1980, 5 U.S.C. 601–612, as amended,

requires Federal agencies to consider

the potential impact of regulations on

small entities during rulemaking. The

term ‘‘small entities’’ comprises small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

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

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 shore side activities

in the event area lasting for 9 total

enforcement hours. It is categorically

excluded from further review under

paragraph L61 of Appendix A, Table 1

of DHS Instruction Manual 023–01–

001–01, Rev. 1. A Memorandum for the

Record supporting this determination is

available in the docket. For instructions

on locating the docket, see the

ADDRESSES

section of this preamble.

G. Protest Activities

The Coast Guard respects the First

Amendment rights of protesters.

Protesters are asked to call or email the

person listed in the

FOR FURTHER

INFORMATION CONTACT

section to

coordinate protest activities so that your

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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. 70034 ; 33 CFR 1.05–

1.

■2. Add § 100.501T05–0292 to read as

follows:

§ 100.501T05–0292 1st Annual Shootout

on the River Airshow—Sparrows Point,

Back River, Baltimore County, MD.

(a) Locations. All coordinates are

based on datum WGS 1984. (1)

Regulated area. All navigable waters of

Back River, within an area bounded by

a line connecting the following points:

From the shoreline at Lynch Point at

latitude 39°14′46″ N, longitude

076°26′23″ W, thence northeast to Porter

Point at latitude 39°15′13″ N, longitude

076°26′11″ W, thence north along the

shoreline to Walnut Point at latitude

39°17′06″ N, longitude 076°27′04″ W,

thence southwest to the shoreline at

latitude 39°16′41″ N, longitude

076°27′31″ W, thence south along the

shoreline to the point of origin, located

in Baltimore County, MD. The

aerobatics box and spectator area are

within the regulated area.

(2) Aerobatics Box. The aerobatics box

is a polygon in shape measuring

approximately 5,000 feet in length by

1,000 feet in width. The area is bounded

by a line commencing at position

latitude 39°16′01.2″ N, longitude

076°27′05.7″ W, thence east to latitude

39°16′04.7″ N, longitude 076°26′53.7″

W, thence south to latitude 39°15′16.9″

N, longitude 076°26′35.2″ W, thence

west to latitude 39°15′13.7″ N, longitude

076°26′47.2″ W, thence north to the

point of origin.

(3) Spectator Area. The designated

spectator area is a polygon in shape

measuring approximately 1,000 yards in

length by 500 feet in width. The area is

bounded by a line commencing at

position latitude 39°16′33.7″ N,

longitude 076°26′40.7″ W, thence east to

latitude 39°16′34.5″ N, longitude

076°26′34.7″ W, thence south to latitude

39°16′05.0″ N, longitude 076°26′31.1″

W, thence west to latitude 39°16′04.4″

N, longitude 076°26′37.4″ W, thence

north to the point of origin.

(b) Definitions. As used in this

section—

Aerobatics Box is an area described by

a line bound by coordinates provided in

latitude and longitude that outlines the

boundary of a 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 all persons and

vessels registered with the event

sponsor as participating in the ‘‘1st

Annual Shootout on the River

Airshow—Sparrows Point’’ event, or

otherwise designated by the event

sponsor as having a function tied to the

event.

Spectator means a person or vessel

not registered with the event sponsor as

participants or assigned as official

patrols.

Spectator Area is an area described by

a line bound by coordinates provided in

latitude and longitude that outlines the

boundary of a spectator area within the

regulated area defined by this part.

(c) Special local regulations. (1) The

COTP Maryland-National Capital

Region or Event PATCOM may forbid

and control the movement of all vessels

and persons, including event

participants, in the regulated area.

When hailed or signaled by an official

patrol, a vessel or person in the

regulated area shall immediately

comply with the directions given by the

patrol. Failure to do so may result in the

Coast Guard expelling the person or

vessel from the area, issuing a citation

for failure to comply, or both. The COTP

Maryland-National Capital Region or

Event PATCOM may terminate the

event, or a participant’s operations at

any time the COTP Maryland-National

Capital Region or Event PATCOM

believes it necessary to do so for the

protection of life or property.

(2) Except for participants and vessels

already at berth, a person or vessel

within the regulated area at the start of

enforcement of this section must

immediately depart the regulated area.

(3) A spectator must contact the Event

PATCOM to request permission to

either enter or pass through the

regulated area. The Event PATCOM, and

official patrol vessels enforcing this

regulated area, can be contacted on

marine band radio VHF–FM channel 16

(156.8 MHz) and channel 22A (157.1

MHz). If permission is granted, the

spectator must enter the designated

Spectator Area or pass directly through

the regulated area as instructed by Event

PATCOM. A vessel within the regulated

area must operate at safe speed that

minimizes wake. A spectator vessel

must not loiter within the navigable

channel while within the regulated area.

(4) Only participant vessels are

allowed to enter 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) Enforcement period. This section

will be enforced from 4 p.m. to 7 p.m.

on July 9, 2021, from 1 p.m. to 4 p.m.

on July 10, 2021, and, from 1 p.m. to 4

p.m. on July 11, 2021.

Dated: June 30, 2021.

David E. O’Connell,

Captain, U.S. Coast Guard, Captain of the

Port Maryland-National Capital Region.

[FR Doc. 2021–14361 Filed 7–6–21; 8:45 am]

BILLING CODE 9110–04–P

POSTAL SERVICE

39 CFR Part 111

Addressing Standards

AGENCY

: Postal Service

TM

.

ACTION

: Final rule.

SUMMARY

: The Postal Service is

extending its effort to improve the

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