[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Rules and Regulations]
[Pages 20270-20273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09494]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0137]
RIN 1625-AA08


Special Local Regulation; Breton Bay, McIntosh Run, Leonardtown, 
MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for certain navigable waters of the Breton Bay and McIntosh 
Run. This action is necessary to provide for the safety of life on 
these waters located at Leonardtown, MD, on October 5, 2019, and 
October 6, 2019, during a high-speed power boat demonstration event. 
This regulation prohibits 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 8 a.m. on October 5, 2019, to 6 p.m. 
on October 6, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0137 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, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone 410-576-2674, email 
Ronald.L.Houck@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 Coast Guard 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 9 a.m. to 5 p.m. on October 5, 2019, and from 9 
a.m. to 5 p.m. on October 6, 2019, it will be conducting the Southern 
Maryland Boat Club Bash on the Bay in Breton Bay and McIntosh Run at 
Leonardtown, MD. In response, on March 18, 2019, the Coast Guard 
published a notice of proposed rulemaking (NPRM) titled ``Special Local 
Regulation; Breton Bay, McIntosh Run, Leonardtown, MD'' (84 FR 9731). 
There we stated why we issued the NPRM and invited comments on our 
proposed regulatory action related to this power boat demonstration 
event. During the comment period that ended April 17, 2019, 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 this power boat 
demonstration event will be a safety concern for anyone intending to 
operate in or near the demonstration area. The purpose of this rule is 
to protect event participants, spectators, and transiting vessels on 
specified waters of Breton Bay and McIntosh Run 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 March 
18, 2019. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a special local regulation to be enforced 
from 8 a.m. to 6 p.m. on October 5, 2019, and from 8 a.m. to 6 p.m. on 
October 6, 2019. The regulated area will cover all navigable waters 
Breton Bay and McIntosh Run,

[[Page 20271]]

immediately adjacent to Leonardtown, MD shoreline, from shoreline to 
shoreline, within an area bounded to the east by a line drawn along 
latitude 38[deg]16'43'' N and bounded to the west by a line drawn along 
longitude 076[deg]38'30'' W, located at Leonardtown, MD. This special 
local regulation provides additional information about areas within the 
regulated area, their definitions, and the restrictions that will 
apply. These areas include a ``Course Area'', ``Buffer Zone'', 
``Milling Area'' and ``Spectator Area''. They lie within an area 
bounded to the east by a line drawn along latitude 38[deg]16'43'' N and 
bounded to the west by a line drawn along longitude 076[deg]38'30'' W, 
located in Breton Bay and McIntosh Run, at Leonardtown, MD. 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 this power boat demonstration event, 
scheduled from 9 a.m. until 5 p.m. on October 5, 2019, and October 6, 
2019. Except for participants and vessels already at berth, a vessel or 
person will be required to get permission from the COTP or PATCOM 
before entering the regulated area while the rule is being enforced. 
Vessel operators can request permission to enter and transit through 
the regulated area by contacting the PATCOM on VHF-FM channel 16. 
Vessel traffic will be able to safely transit the regulated area once 
the PATCOM deems it safe to do so. If permission is granted by the COTP 
or 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. Official Patrol vessels will direct 
spectator vessels while within the regulated area. 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. Vessels will be 
prohibited from loitering within the navigable channel. Only 
participant vessels and Official Patrols will be allowed to enter the 
course area and milling area. A person or vessel not registered with 
the event sponsor as a participant or assigned as Official Patrols will 
be considered a spectator. Spectators are only allowed inside the 
regulated area if they remain within a designated spectator area. All 
spectator vessels must be anchored or operate at a No Wake Speed within 
a designated spectator area. Spectators must contact the PATCOM to 
request permission to pass through the regulated area. If permission is 
granted, spectators must pass directly through the regulated area at 
safe speed and without loitering.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, duration 
and time of year of the power boat demonstration event, which will 
impact a small designated area of Breton Bay and McIntosh Run for 20 
total enforcement hours. The Coast Guard will issue a Broadcast Notice 
to Mariners via VHF-FM marine channel 16 about the status of the 
special local regulation. 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 COTP or 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 
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 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,

[[Page 20272]]

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.

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 and Commandant Instruction M16475.1D, 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. 
The temporary regulated area will be enforced for 20 hours during the 
power boat demonstration event. It is categorically excluded from 
further review under paragraph L61 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Memorandum For Record for 
Categorically Excluded Actions supporting this determination is 
available in the docket where indicated under ADDRESSES.

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: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  [thinsp]100.501T05-0137 to read as follows:


Sec.  100.501T05-0137  Special Local Regulation; Breton Bay, McIntosh 
Run, Leonardtown, MD.

    (a) Definitions. As used in this section:
    Buffer zone is a neutral area that surrounds the perimeter of the 
Course 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 and spectator vessels or nearby 
transiting vessels. This area provides separation between a Course 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.
    Coast Guard Patrol Commander (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.
    Course area is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of a 
high-speed power boat demonstration area within the regulated area 
defined by this section.
    Milling area is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of a 
milling area within the regulated area defined by this section. The 
area is used before a demonstration start to warm up the boats engines.
    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 a person or vessel registered with the event 
sponsor as participating in the Southern Maryland Boat Club Bash on the 
Bay 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.
    (b) Locations. All coordinates reference Datum NAD 1983.
    (1) Regulated area. All navigable waters of Breton Bay and McIntosh 
Run, immediately adjacent to Leonardtown, MD shoreline, from shoreline 
to shoreline, within an area bounded to the east by a line drawn along 
latitude 38[deg]16'43'' N and bounded to the west by a line drawn along 
longitude 076[deg]38'30'' W, located at Leonardtown, MD. The following 
locations are within the regulated area:
    (2) Course area. The course area is a polygon in shape measuring 
approximately 940 yards in length by 228 yards in width. The area is 
bounded by a line commencing at position latitude 38[deg]17'09.78'' N, 
longitude 076[deg]38'22.71'' W; thence southeasterly to latitude 
38[deg]16'58.62'' N, longitude 076[deg]37'50.91'' W; thence 
southwesterly to latitude 38[deg]16'51.89'' N, longitude 
076[deg]37'55.82'' W; thence northwesterly to latitude 
38[deg]17'05.44'' N, longitude 076[deg]38'27.20'' W; thence 
northeasterly terminating at point of origin.
    (3) Buffer zone. The buffer zone surrounds the entire course 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 
course area. The area is bounded by a line commencing at the shoreline 
west of Leonardtown Wharf Park at position latitude 38[deg]17'13.80'' 
N, longitude 076[deg]38'24.72'' W; thence easterly to latitude 
38[deg]16'58.61'' N, longitude 076[deg]37'44.29'' W; thence southerly 
to latitude 38[deg]16'46.35'' N, longitude 076[deg]37'52.54'' W; thence 
westerly to latitude 38[deg]16'58.78'' N, longitude 076[deg]38'26.63'' 
W; thence northerly to latitude 38[deg]17'07.50'' N, longitude 
076[deg]38'30.00'' W; thence northeasterly terminating at point of 
origin.
    (4) Milling area. The milling area is a polygon in shape and is 
bounded by a line commencing at the shoreline east of Leonardtown Wharf 
Park at position latitude 38[deg]17'10.07'' N, longitude 
076[deg]38'14.87'' W; thence easterly and southerly along the shoreline 
to latitude 38[deg]17'01.54'' N, longitude 076[deg]37'52.24'' W; thence 
westerly terminating at point of origin.

[[Page 20273]]

    (5) Spectator areas--(i) Northeast Spectator Fleet Area. The 
designated spectator area is bounded by a line commencing at position 
latitude 38[deg]16'59.10'' N, longitude 076[deg]37'45.60'' W, thence 
northeasterly to latitude 38[deg]17'01.76'' N, longitude 
076[deg]37'43.71'' W, thence southeasterly to latitude 
38[deg]16'59.23'' N, longitude 076[deg]37'37.25'' W, thence 
southwesterly to latitude 38[deg]16'53.32'' N, longitude 
076[deg]37'40.85'' W, thence northwesterly to latitude 
38[deg]16'55.48'' N, longitude 076[deg]37'46.39'' W, thence 
northeasterly to latitude 38[deg]16'58.61'' N, longitude 
076[deg]37'44.29'' W, thence northwesterly to point of origin.
    (ii) Southeast Spectator Fleet Area. The designated spectator area 
is bounded by a line commencing at position latitude 38[deg]16'47.20'' 
N, longitude 076[deg]37'54.80'' W, thence southerly to latitude 
38[deg]16'43.30'' N, longitude 076[deg]37'55.20'' W, thence easterly to 
latitude 38[deg]16'43.20'' N, longitude 076[deg]37'47.80'' W, thence 
northerly to latitude 38[deg]16'44.80'' N, longitude 076[deg]37'48.20'' 
W, thence northwesterly to point of origin.
    (iii) South Spectator Fleet Area. The designated spectator area is 
bounded by a line commencing at position latitude 38[deg]16'55.36'' N, 
longitude 076[deg]38'17.26'' W, thence southeasterly to latitude 
38[deg]16'50.39'' N, longitude 076[deg]38'03.69'' W, thence southerly 
to latitude 38[deg]16'48.87'' N, longitude 076[deg]38'03.68'' W, thence 
northwesterly to latitude 38[deg]16'53.82'' N, longitude 
076[deg]38'17.28'' W, thence northerly to point of origin
    (c) Special local regulations. (1) The COTP Maryland--National 
Capital Region or 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 must 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 PATCOM 
may terminate the event, or a participant's operations at any time the 
COTP Maryland--National Capital Region or 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 PATCOM to request permission to 
either enter or pass through the regulated area. The 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 may enter a 
designated Spectator Area or must pass directly through the regulated 
area as instructed by 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) A person or vessel that desires to transit, moor, or anchor 
within the regulated area must first obtain authorization from the COTP 
Maryland--National Capital Region or 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 PATCOM on Marine Band Radio, VHF-FM 
channel 16 (156.8 MHz).
    (5) Only participant vessels and official patrol vessels are 
allowed to enter the course area and milling area.
    (6) Spectators are only allowed inside the regulated area if they 
remain within the designated spectator area. All spectator vessels must 
be anchored or operate at a No Wake Speed within a designated spectator 
area. Official patrol vessels will direct spectator vessels to the 
spectator area. Spectators must contact the Coast Guard Patrol 
Commander to request permission to pass through the regulated area. If 
permission is granted, spectators must pass directly through the 
regulated area at safe speed and without loitering.
    (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 periods. This section will be enforced from 8 a.m. 
to 6 p.m. on October 5, 2019, and from 8 a.m. to 6 p.m. on October 6, 
2019.

    Dated: May 3, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2019-09494 Filed 5-8-19; 8:45 am]
BILLING CODE 9110-04-P


