[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Rules and Regulations]
[Pages 18862-18865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08204]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0067]
RIN 1625-AA08
Special Local Regulation; Bush River, Harford County, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing special local regulations for
certain waters of the Bush River, including Otter Point Creek. This
action is necessary to provide for the safety of life on these
navigable waters located near Flying Point Park in Harford County, MD,
during a high-speed power boat racing event on May 6, 2017, and May 7,
2017. This rulemaking would
[[Page 18863]]
prohibit persons and vessels from being in the regulated area unless
authorized by the Captain of the Port Maryland-National Capital Region
or Coast Guard Patrol Commander.
DATES: This rule is effective from 11 a.m. on May 6, 2017, until 7 p.m.
on May 7, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0067 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, Waterways Management Division, Sector
Maryland-National Capital Region, U.S. Coast Guard; 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
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable.
Details of the proposed event were provided to the Coast Guard on March
30, 2017. At this time, it would be impracticable to complete the full
notice and comment process because this special local regulation must
be established on May 6, 2017, and May 7, 2017.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it 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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233, which authorizes the Coast Guard to establish and define special
local regulations. The Captain of the Port (COTP) Maryland-National
Capital Region has determined that potential hazards associated with
the power boat race would be a safety concern for anyone intending to
operate within certain waters of the Bush River and Otter Point Creek
in Harford County, MD. The purpose of this rulemaking is to protect
event participants and transiting vessels on certain waters of the Bush
River and Otter Point Creek before, during, and after the scheduled
event.
IV. Discussion of the Rule
This rule establishes a special local regulation from 11 a.m. until
7 p.m. on May 6, 2017, and from 11 a.m. until 7 p.m. on May 7, 2017.
The regulated area would cover all navigable waters of the Bush River,
including Otter Point Creek, from shoreline to shoreline, bounded to
the north by a line drawn from the western shoreline of the Bush River
at latitude 39[deg]27'15'' N., longitude 076[deg]14'39'' W. and thence
eastward to the eastern shoreline of the Bush River at latitude
39[deg]27'03'' N., longitude 076[deg]13'57'' W.; and bounded to the
south by the Amtrak Railroad Bridge, across the Bush River at mile 6.8,
between Perryman, MD and Edgewood, MD. This rule provides additional
information about areas within the regulated area, their definitions,
and the restrictions that apply to mariners. The regulated areas
include a ``Race Area'' and a ``Buffer Zone''.
The enforcement and duration of the regulated area is intended to
ensure the safety of vessels and the specified navigable waters before,
during, and after the noon to 6 p.m. high-speed power boat races.
Except for Flying Point Park Outboard Regatta participants, no vessel
or person would be permitted to enter the regulated area without
obtaining permission from the COTP Maryland-National Capital Region or
Coast Guard Patrol Commander. The regulatory text we are proposing
appears at the end of this document.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it.
As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
This regulatory action determination is based on the size and
duration of the regulated area, which would impact a small designated
area of the Bush River and Otter Point Creek for a 16 hour enforcement
period. The Coast Guard would issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the status of the regulated area.
Moreover, the rule would allow vessels to request permission to enter
the regulated area, and vessel traffic would be able to safely transit
the regulated area once the Coast Guard Patrol Commander 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
[[Page 18864]]
fields, and governmental jurisdictions with populations of less than
50,000. 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
regulated area 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
contact 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 E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 a total of 16
hours. It is categorically excluded from further review under paragraph
34(h) of Figure 2-1 of the Commandant Instruction. A Record of
Environmental Consideration (REC) supporting this determination is
available in the docket where indicated in the ADDRESSES section of
this preamble.
We seek any comments or information that may lead to the discovery
of a significant environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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: 33 U.S.C. 1233.
0
2. Add Sec. 100.501-T05-0067 to read as follows:
Sec. 100.501-T05-0067 Special Local Regulation; Bush River, Harford
County, MD.
(a) Definitions. (1) Captain of the Port 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 Captain of the Port to act on
their behalf.
(2) Coast Guard Patrol Commander 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.
(3) 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.
(4) Participant means all persons and vessels participating in the
Flying Point Park Outboard Regatta event under the auspices of the
Marine Event Permit issued to the event sponsor and approved by
Commander, Coast Guard Sector Maryland--National Capital Region.
(5) 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. Only event
sponsor designated participants or designated participating vessels and
official patrol vessels are allowed to enter the race area. Persons or
vessel operators may request authorization to enter, transit through,
anchor in, or remain within the regulated area by contacting the Patrol
Commander on VHF-FM Channel 16.
(6) Buffer Zone is a neutral area that surrounds the perimeter of
the Race
[[Page 18865]]
Area within the regulated area described by this section. The purpose
of a buffer zone is to minimize potential collision conflicts with
marine event participants or race boats and nearby transiting vessels.
This area provides separation between a Race Area and other vessels
that may be operating in the vicinity of the regulated area established
by the special local regulations.
(b) Locations. The following locations are within the regulated
area:
(1) Regulated area. All navigable waters of the Bush River,
including Otter Point Creek, from shoreline to shoreline, bounded to
the north by a line drawn from the western shoreline of the Bush River
at latitude 39[deg]27'15'' N., longitude 076[deg]14'39'' W. and thence
eastward to the eastern shoreline of the Bush River at latitude
39[deg]27'03'' N., longitude 076[deg]13'57'' W.; and bounded to the
south by the Amtrak Railroad Bridge, across the Bush River at mile 6.8,
between Perryman, MD and Edgewood, MD. All coordinates reference Datum
NAD 1983.
(2) Race Area. The race area is a polygon in shape measuring
approximately 540 yards in length by 270 yards in width. The area is
bounded by a line commencing at position latitude 39[deg]26'33.1'' N.,
longitude 076[deg]15'46.8'' W.; thence westerly to latitude
39[deg]26'33.1'' N., longitude 076[deg]15'49.3'' W.; thence northerly
to latitude 39[deg]26'37.1'' N., longitude 076[deg]15'52.4'' W.; thence
northeasterly to latitude 39[deg]26'40.0'' N., longitude
076[deg]15'52.5'' W.; thence easterly to latitude 39[deg]26'45.9'' N.,
longitude 076[deg]15'32.2'' W.; thence southeasterly to latitude
39[deg]26'45.3'' N., longitude 076[deg]15'30.0'' W.; thence southerly
to latitude 39[deg]26'43.8'' N., longitude 076[deg]15'29.1'' W.; thence
southerly to latitude 39[deg]26'42.2'' N., longitude 076[deg]15'28.9''
W.; thence southwesterly to latitude 39[deg]26'40.8'' N., longitude
076[deg]15'29.3'' W.; thence westerly terminating at point of origin.
(3) Buffer Zone. The area surrounds the entire race area described
in the preceding paragraph of this section. This area is a polygon in
shape and provides a buffer around the perimeter of the race area. The
area is bounded by a line commencing at the shoreline at Flying Point
Park at position latitude 39[deg]26'31.9'' N., longitude
076[deg]15'32.5'' W.; thence westerly to latitude 39[deg]26'30.5'' N.,
longitude 076[deg]15'52.7'' W.; thence northerly to latitude
39[deg]26'39.9'' N., longitude 076[deg]16'00.0'' W.; thence easterly to
latitude 39[deg]26'51.6'' N., longitude 076[deg]15'26.7'' W.; thence
southerly to latitude 39[deg]26'37.0'' N., longitude 076[deg]15'22.5''
W.; thence southerly to latitude 39[deg]26'33.7'' N., longitude
076[deg]15'22.8'' W., located at the shoreline at Flying Point Park.
(c) Special local regulations: (1) The COTP or Coast Guard Patrol
Commander 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.
Failure to do so may result in expulsion from the area, citation for
failure to comply, or both. The Coast Guard Patrol Commander may
terminate the event, or the operation of any support vessel
participating in the event, at any time it is deemed necessary for the
protection of life or property.
(2) Except for participants and vessels already at berth, all
persons and vessels within the regulated area at the time it is
implemented are to depart the regulated area.
(3) Persons and vessels desiring to transit, moor, or anchor within
the regulated area must obtain authorization from the Captain of the
Port Maryland--National Capital Region or Coast Guard Patrol Commander.
Prior to the enforcement periods, persons may request permission to
transit, moor, or anchor within the regulated area, from Captain of the
Port Maryland--National Capital Region at telephone number 410-576-2693
or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). During the
enforcement periods, to request permission to transit, moor, or anchor
within the area, the Coast Guard Patrol Commander can be contacted on
Marine Band Radio, VHF-FM channel 16 (156.8 MHz) for direction.
(4) The Coast Guard may be assisted in the patrol and enforcement
of the regulated area by other Federal, State, and local agencies. The
Coast Guard Patrol Commander 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).
(5) 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 date
and times.
(d) Enforcement periods. This section will be enforced from 11 a.m.
until 7 p.m. on May 6, 2017, and from 11 a.m. until 7 p.m. on May 7,
2017.
Dated: April 19, 2017.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland--National
Capital Region.
[FR Doc. 2017-08204 Filed 4-21-17; 8:45 am]
BILLING CODE 9110-04-P