[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Proposed Rules]
[Pages 28516-28519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11214]


=======================================================================
-----------------------------------------------------------------------

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: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish 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 proposed 
rulemaking would prohibit 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. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 11, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0292 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 
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
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    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 
that they will be conducting the 1st Annual Shootout on the River 
Airshow--Sparrows Point from 2 p.m. to 3 p.m. on July 10, 2021, and 
July 11, 2021. The event also includes a practice demonstration from 3 
p.m. to 4 p.m. on July 9, 2021. High speed, low-flying civilian and 
military aircraft air show performers will operate within a designated, 
marked aerobatics box located on Back River, between Lynch Point to the 
south and Walnut Point to the north. The event is being held adjacent 
to Tiki Lee's Dock Bar, 4309 Shore Road, Sparrows Point, in Baltimore 
County, MD. Details of the event were provided to the Coast Guard by 
the sponsoring organization on May 5, 2021, changing the practice 
demonstration from 5 p.m. to 6 p.m. on July 9, 2021. 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. The Captain of the Port 
(COTP) Maryland-National Capital Region has determined that potential 
hazards associated with the air show would 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.
    The Coast Guard is requesting that interested parties provide 
comments within a shortened comment period of 15 days instead of the 
more typical 30 days for this notice of proposed rulemaking. The Coast 
Guard believes the 15-day comment period still provides for a 
reasonable amount of time for interested parties to review the proposal 
and provide informed comments on it while also ensuring that the Coast 
Guard has time to review and respond to any significant comments and 
has final rule in effect in time for the scheduled event.
    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 proposes 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 is proposing to establish 
special local regulations from 4 p.m. on July 9, 2021 through 4 p.m. on 
July 11, 2021. There is no alternate date planned for this event. The 
regulated area would 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[deg]14'46'' N, longitude 
076[deg]26'23'' W, thence northeast to Porter Point at latitude 
39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north along the 
shoreline to Walnut Point at latitude 39[deg]17'06'' N, longitude 
076[deg]27'04'' W, thence southwest to the shoreline at latitude 
39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south along the 
shoreline to the point of origin, located in Baltimore County, MD. The 
regulated area is approximately 4,200 yards in length and 1,200 yards 
in width.
    This proposed rule provides additional information about areas 
within the regulated area and their definitions. These areas include 
``Aerobatics Box'' and ``Spectator Area.''
    The proposed size of the regulated area is 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) 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 1st Annual Shootout on the River Airshow--Sparrows Point 
participants and vessels already at berth, a vessel or person would be 
required to get permission from the COTP or Event PATCOM before

[[Page 28517]]

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 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. 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 
would be allowed to enter the aerobatics box. 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. 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).
    This regulatory action determination is based on the location, size 
and duration of the regulated area, which would 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 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 
seek permission to enter the regulated area, and vessel traffic would 
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 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 
safety zone 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

[[Page 28518]]

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 lasting for 9 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. We seek any comments or information that may 
lead to the discovery of a 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    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 in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. 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. If you go to the online docket and sign up for email alerts, 
you will be notified when comments are posted or a final rule is 
published.

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.  100.501T05-0292 to read as follows:


Sec.  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[deg]14'46'' N, longitude 076[deg]26'23'' 
W, thence northeast to Porter Point at latitude 39[deg]15'13'' N, 
longitude 076[deg]26'11'' W, thence north along the shoreline to Walnut 
Point at latitude 39[deg]17'06'' N, longitude 076[deg]27'04'' W, thence 
southwest to the shoreline at latitude 39[deg]16'41'' N, longitude 
076[deg]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[deg]16'01.2'' N, longitude 076[deg]27'05.7'' W, thence east to 
latitude 39[deg]16'04.7'' N, longitude 076[deg]26'53.7'' W, thence 
south to latitude 39[deg]15'16.9'' N, longitude 076[deg]26'35.2'' W, 
thence west to latitude 39[deg]15'13.7'' N, longitude 076[deg]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[deg]16'33.7'' N, longitude 076[deg]26'40.7'' W, thence east to 
latitude 39[deg]16'34.5'' N, longitude 076[deg]26'34.7'' W, thence 
south to latitude 39[deg]16'05.0'' N, longitude 076[deg]26'31.1'' W, 
thence west to latitude 39[deg]16'04.4'' N, longitude 076[deg]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) 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 ``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.

[[Page 28519]]

    (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: May 21, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2021-11214 Filed 5-26-21; 8:45 am]
BILLING CODE 9110-04-P


