[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36238-36241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11732]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0418]
RIN 1625-AA08


Special Local Regulation; St. Mary's River, St. George's Creek, 
Piney Point, MD

AGENCY: Coast Guard, Department of Homeland Security (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 June 10, 2023, and June 11, 2023. 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 the Coast Guard Event Patrol Commander.

DATES: This rule is effective from 7:30 a.m. on June 10, 2023, through 
5 p.m. on June 11, 2023. This rule will be enforced from 7:30 a.m. to 5 
p.m. on June 10, 2023, and from 7:30 a.m. to 5 p.m. on June 11, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0418 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 Marine Science Technician Petty Officer 2nd Class Hollie 
Givens, U.S. Coast Guard Sector Maryland-National Capital Region; 
telephone 410-576-2596, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
TFR Temporary Final Rule
PATCOM Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because immediate action is needed to respond 
to the potential safety hazards associated with the high-speed power 
boat race scheduled to take place on June 10, 2023, and June 11, 2023.
    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. Immediate action is needed to 
respond to the potential safety hazards associated with the ``Southern 
Maryland Boat Club Piney Point Rumble on the River Regatta'' event.

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, Sector Maryland-National Capital Region 
(COTP) has determined that potential hazards associated with the 
vintage and historic racing powerboat 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. 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 the Rule

    This rule establishes special local regulations from 7:30 a.m. on 
June 10, 2023, through 5 p.m. on June 11, 2023. The regulations will be 
enforced from 7:30 a.m. to 5 p.m. on June 10, 2023, and from 7:30 a.m. 
to 5 p.m. on June 11, 2023. 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 southeast 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 regulated area is 
approximately 1,750 yards in length and 940 yards in width.
    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

[[Page 36239]]

Area,'' ``Buffer Area,'' and ``Spectator Area.''
    The duration of the special local regulation 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 
event scheduled to take place from 8 a.m. to 4 p.m. on June 10, 2023, 
and from 8 a.m. to 4 p.m. on June 11, 2023. 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 Rumble on the 
River 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 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 with peak vessel traffic 
occurring 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 if 
it is safe to do so. The Event PATCOM will allow vessel traffic to 
transit the eastern portion of the waterway away from the event area 
when it is safe to do so. Vessels given permission to enter the 
regulated area must operate at a safe speed that minimizes wake and 
must 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 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 
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

[[Page 36240]]

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. 
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.T05-0418 to read as follows:


Sec.  100.T05-0418  Southern Maryland Boat Club Piney Point Regatta, 
St. Mary's River, St. George Creek, Piney Point, MD.

    (a) Locations. All coordinates are based on North American Datum of 
1983 (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 southeast 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 700 yards in length by 240 yards in width. The area is 
bounded by a line commencing near Hodgson Point at position latitude 
38[deg]08'39.80'' N, longitude 076[deg]30'3.13'' W, thence southeast to 
latitude 38[deg]08'21.95'' N, longitude 076[deg]29'49.31'' W; thence 
southwest to latitude 38[deg]08'18.20'' N, longitude 076[deg]29'56.98'' 
W, thence northwest to latitude 38[deg]08'36.10'' N, longitude 
076[deg]30'10.84'' W; thence northeast to and terminating at the point 
of origin.
    (3) Buffer area. The buffer area is a polygon in shape measuring 
approximately 90 yards in all directions surrounding the entire race 
area described in the preceding paragraph of this section. The area is 
bounded by a line commencing near Hodgson Point at position latitude 
38[deg]08'43.58'' N, longitude 076[deg]30'02.12'' W; thence southeast 
to latitude 38[deg]08'21.12'' N, longitude 076[deg]29'44.81'' W, thence 
southwest to latitude 38[deg]08'14.68'' N, longitude 076[deg]29'58.24'' 
W; thence northwest to latitude 38[deg]08'35.95'' N, longitude 
076[deg]30''14.33'' 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 700 yards and its width 
measuring approximately 300 yards at its northern portion and 150 yards 
at its southern portion. The area is bounded by a line commencing at 
position latitude 38[deg]08'46.86'' N, longitude 076[deg]29'51.07'' W; 
thence southeast to latitude 38[deg]08'38.11'' N, longitude 
076[deg]29'44.27'' W; thence south to latitude 38[deg]08'26.81'' N, 
longitude 076[deg]29'43.01'' W; thence southwest to latitude 
38[deg]08'23.50'' N, longitude 076[deg]29'46.50'' W, thence northwest 
to latitude 38[deg]08'41.28'' N, longitude 076[deg]30'00.18'' 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 powerboats 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 in 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 ``Southern Maryland Boat Club Piney 
Point Rumble on the River 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

[[Page 36241]]

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 section.
    (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 the regulated area, can be 
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and 
channels 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 regulate 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 before doing so. 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 periods. This section will be enforced from 7:30 
a.m. to 5 p.m. on June 10, 2023, and from 7:30 a.m. to 5 p.m. on June 
11, 2023.

    Dated: May 25, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2023-11732 Filed 6-1-23; 8:45 am]
BILLING CODE 9110-04-P


