35604 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations 

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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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations 35605 

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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35606 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations 

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) 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 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 ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is 

extending its effort to improve the 


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