Special Local Regulation; St. Mary's River, St. George Creek, Piney Point, MD
| Published date | 25 June 2021 |
| Citation | 86 FR 33598 |
| Record Number | 2021-13291 |
| Section | Proposed rules |
| Court | Coast Guard,Homeland Security Department |
Federal Register, Volume 86 Issue 120 (Friday, June 25, 2021)
[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Proposed Rules]
[Pages 33598-33601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13291]
[[Page 33598]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0346]
RIN 1625-AA08
Special Local Regulation; St. Mary's River, St. George Creek,
Piney Point, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish temporary special
local regulations for certain waters of the St. Mary's River. This
action is necessary to provide for the safety of life on these
navigable waters located at Piney Point, MD, during a high-speed power
boat demonstration event on October 2, 2021, and October 3, 2021. 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 July 26, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0346 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ron Houck, U.S. Coast Guard
Sector Maryland-National Capital Region; telephone 410-576-2674, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Southern Maryland Boat Club of Leonardtown, MD has notified the
Coast Guard that it will be conducting the Southern Maryland Boat Club
Piney Point Regatta from 8 a.m. to 4 p.m. on October 2, 2021, and from
8 a.m. to 4 p.m. on October 3, 2021. The high-speed power boat
demonstration event consists of approximately 55 participating vintage
and historic race boats--including runabouts, v-bottoms, tunnel hulls,
and hydroplanes--8 to 21 feet in length. The vessels will be
participating in an exhibition, operating in heats along a marked
racetrack-type course 1 mile in length and 150 feet in width, located
in the St. George Creek at Piney Point, MD. The regatta is not a
competition, but rather a demonstration of vintage race craft. Hazards
from the high-speed power boat demonstration event include participants
operating within and adjacent to designated navigation channels and
interfering with vessels intending to operate within those channels as
well as operating near approaches to local public boat landings. The
COTP, Maryland-National Capital Region has determined that potential
hazards associated with 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 St. George Creek.
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. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP Maryland-National Capital Region proposes to establish
special local regulations from 7:30 a.m. on October 2, 2021, through 5
p.m. on October 3, 2021. The regulations would be enforced from 7:30
a.m. to 5 p.m. on October 2, 2021, and from 7:30 a.m. to 5 p.m. on
October 3, 2021. The regulated area would cover all navigable waters of
St. George Creek within an area bounded by a line connecting the
following points: From the shoreline at Cedar Point at position
latitude 38[deg]09'03.4'' N, longitude 076[deg]29'55.7'' W; thence
south along the shoreline to Coade Bar at latitude 38[deg]08'22.5'' N,
longitude 076[deg]29'19.9'' W; thence southwest across St. George Creek
to Dodson Point at latitude 38[deg]08'03.8'' N, longitude
076[deg]29'44.6'' W; thence north along the shoreline and the eastern
extent of the St. George Island (SR-249) Bridge to Long Bar (at the
entrance to St. George Harbor) at latitude 38[deg]30'13.0''19'16.0'' N,
longitude 076[deg]08'50.6'' W; thence northeast across St. George Creek
to and terminating at the point of origin. The regulated area is
approximately 1,750 yards in length and 940 yards in width.
This proposed rule provides additional information about areas
within the regulated area and their definitions and the restrictions
that would apply to mariners. These areas include ``Race Area,''
``Buffer Area,'' and ``Spectator Area.''
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 to take place from 8 a.m. to 4 p.m. on October 2, 2021,
and from 8 a.m. to 4 p.m. on October 3, 2021. 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 Southern Maryland Boat Club Piney Point Regatta
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 a 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
[[Page 33599]]
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
and official patrol vessels would be allowed to enter the race area.
The Coast Guard would publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
The regulatory text we are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size and
duration of the regulated area, which would impact a small designated
area of St. George Creek for 19 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 that is able to do so safely would be able to transit the
regulated area on the eastern portion of the waterway away from the
event 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
regulated area may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area for 19 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. For instructions on locating the docket, see the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a
[[Page 33600]]
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-2021-0346 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. 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.T05-0346 to read as follows:
Sec. 100.T05-0346 Southern Maryland Boat Club Piney Point Regatta,
St. Mary's River, St. George Creek, Piney Point, MD.
(a) Locations. All coordinates are based on datum NAD 1983.
(1) Regulated area. All navigable waters of St. George Creek,
within an area bounded by a line connecting the following points: from
the shoreline at Cedar Point at position latitude 38[deg]09'03.4'' N,
longitude 076[deg]29'55.7'' W; thence south along the shoreline to
Coade Bar at latitude 38[deg]08'22.5'' N, longitude 076[deg]29'19.9''
W; thence southwest across St. George Creek to Dodson Point at latitude
38[deg]08'03.8'' N, longitude 076[deg]29'44.6'' W; thence north along
the shoreline and the eastern extent of the St. George Island (SR-249)
Bridge to Long Bar (at the entrance to St. George Harbor) at latitude
38[deg]08'50.6'' N, longitude 076[deg]30'13.0'' W; thence northeast
across St. George Creek to and terminating at the point of origin. The
race area, buffer area, and spectator area are within the regulated
area.
(2) Race area. The race area is a polygon in shape measuring
approximately 560 yards in length by 240 yards in width. The area is
bounded by a line commencing near Hodgson Point at position latitude
38[deg]08'38.22'' N, longitude 076[deg]30'02.48'' W, thence southeast
to latitude 38[deg]08'24.43'' N, longitude 076[deg]29'50.71'' W; thence
southwest to latitude 38[deg]08'20.40'' N, longitude 076[deg]29'58.16''
W, thence northwest to latitude 38[deg]08'34.26'' N, longitude
076[deg]30'09.97'' W; thence northeast to and terminating at the point
of origin.
(3) Buffer area. The buffer area is a polygon in shape measuring
approximately 270 feet in all directions surrounding the entire race
area described in paragraph (a)(2) of this section. The area is bounded
by a line commencing near Hodgson Point at position latitude
38[deg]08'42.0'' N, longitude 076[deg]30'01.6'' W; thence southeast to
latitude 38[deg]08'23.7'' N, longitude 076[deg]29'46.0'' W, thence
southwest to latitude 38[deg]08'16.7'' N, longitude 076[deg]29'59.0''
W; thence northwest to latitude 38[deg]08'34.9'' N, longitude
076[deg]30'14.7'' W, thence northeast to and terminating at the point
of origin.
(4) Spectator area. The designated spectator area is a polygon in
shape with its length measuring approximately 475 yards and its width
measuring approximately 300 yards at its northern portion and 50 yards
at it southern portion. The area is bounded by a line commencing at
position latitude 38[deg]08'47.2'' N, longitude 076[deg]29'52.9'' W;
thence southeast to latitude 38[deg]08'41.9'' N, longitude
076[deg]29'47.5'' W; thence southwest to latitude 38[deg]08'37.8'' N,
longitude 076[deg]29'55.3'' W; thence southeast to latitude
38[deg]08'31.3'' N, longitude 076[deg]29'50.1'' W, thence southwest to
latitude 38[deg]08'30.4'' N, longitude 076[deg]29'51.7'' W; thence
northwest to latitude 38[deg]08'42.0'' N, longitude 076[deg]30'01.6''
W, thence northeast to and terminating at the point of origin.
(b) Definitions. As used in this section--
Buffer area is a neutral area that surrounds the perimeter of the
race area within the regulated area described by this section. The
purpose of a buffer area is to minimize potential collision conflicts
with marine event participants or high-speed power boats and spectator
vessels or nearby transiting vessels. This area provides separation
between a race area and a specified Spectator Area or other vessels
that are operating in the vicinity of the regulated area established by
the special local regulations.
Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
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 ``Southern Maryland Boat Club Piney
Point Regatta'' event, or otherwise designated by the event sponsor as
having a function tied to the event.
[[Page 33601]]
Race area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a race
area within the regulated area defined by this section.
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 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 the designated Spectator Area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
(4) Only participant vessels and official patrol vessels are
allowed to enter and remain within the race area.
(5) Only participant vessels and official patrol vessels are
allowed to enter and transit directly through the buffer area in order
to arrive at or depart from the race area.
(6) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
(7) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
(d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
(e) Enforcement period. This section will be enforced from 7:30
a.m. to 5 p.m. on October 2, 2021 and from 7:30 a.m. to 5 p.m. on
October 3, 2021.
Dated: June 15, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2021-13291 Filed 6-24-21; 8:45 am]
BILLING CODE 9110-04-P
