[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Rules and Regulations]
[Pages 45644-45647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17442]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation 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 
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 7:30 a.m. on October 2, 2021, 
through 5 p.m. on October 3, 2021. This rule will be enforced from 7:30 
a.m. to 5 p.m. on October 2, 2021, and those same hours on October 3, 
2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0346 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 <a href="/cdn-cgi/l/email-protection#c185f1f4ec8586ec92a4a2b5aeb38c85ec8f8293ec8ca0b3a8afa484b7a4afb5b281b4b2a2a6efaca8ad"><span class="__cf_email__" data-cfemail="105420253d54573d437573647f625d543d5e53423d5d7162797e755566757e646350656373773e7d797c">[email protected]</span></a>.

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

    The Southern Maryland Boat Club of Leonardtown, MD, notified the 
Coast Guard that 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, it will be conducting the Southern 
Maryland Boat Club Piney Point Regatta on St. George Creek at Piney 
Point, MD. In response, on June 25, 2021, the Coast Guard published a 
notice of proposed rulemaking (NPRM) titled ``Special Local Regulation; 
St. Mary's River, St. George Creek, Piney Point, MD'' (86 FR 33598). 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this high-speed power boat 
demonstration event. During the comment period that ended July 26, 
2021, we received no comments.

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 vintage and 
historic racing power boat demonstration will be a safety concern for 
anyone intending to participate in this event and for vessels that 
operate within specified waters of the St. Mary's River. These hazards 
include risks of injury or death resulting from near or actual contact 
among participant vessels and spectator vessels or waterway users if 
normal vessel traffic were to interfere with the event. Additionally, 
such hazards 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 purpose of this rule is to protect 
event participants, non-participants and transiting vessels before, 
during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published June 
25, 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 7:30 a.m. on 
October 2, 2021, through 5 p.m. on October 3,

[[Page 45645]]

2021. The regulations 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. The 
regulated area will 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.
    This regulation provides additional information about areas within 
the regulated area and their definitions and the restrictions that will 
apply to mariners. These areas include ``Race Area,'' ``Buffer Area,'' 
and ``Spectator Area.''
    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 
demonstration 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 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 Southern Maryland Boat Club Piney Point Regatta 
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 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 in a manner that will 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. Only participant vessels 
and official patrol vessels will be allowed to enter the race 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.

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 size and 
duration of the regulated area, which will 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 will allow vessels and 
persons to seek permission to enter the regulated area, and vessel 
traffic able to do so safely will 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 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.

[[Page 45646]]

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 for 19 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 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.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

[[Page 45647]]

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.
    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: August 10, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2021-17442 Filed 8-13-21; 8:45 am]
BILLING CODE 9110-04-P


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