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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 100
Docket Number USCG20210292
RIN 1625AA08

Special Local Regulation; Back River, Baltimore County, MD
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

The Coast Guard is establishing temporary special local regulations for certain waters of Back River. This action is necessary to provide for the safety of life on these navigable waters located in Baltimore County, MD, during activities associated with an air show event from July 9, 2021, through July 11, 2021. This regulation prohibits persons and vessels from entering the regulated area unless authorized by the Captain of the Port Maryland-National Capital Region or the Coast Guard Event Patrol Commander.
DATES: This rule is effective from 4 p.m.
on July 9, 2021, through 4 p.m. on July 11, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0292 in the SEARCH box and click SEARCH. Next, in the Document Type column, select Supporting &
Related Material.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Ron Houck, U.S. Coast Guard Sector Maryland-National Capital Region; telephone 4105762674, email D05-DG-SectorMD-NCR-MarineEvents@
uscg.mil.
SUMMARY:

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations
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CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking PATCOM Patrol Commander Section U.S.C. United States Code
II. Background Information and Regulatory History On April 21, 2021, Tiki Lees Dock Bar of Sparrows Point, MD, and David Schultz Airshows, LLC of Clearfield, PA, notified the Coast Guard, it will be conducting the 1st Annual Shootout on the River AirshowSparrows Point in Back River, between Lynch Point and
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Walnut Point, in Baltimore County, MD
on July 10, 2021, and July 11, 2021. In response, on May 27, 2021, the Coast Guard published a notice of proposed rulemaking NPRM titled Special Local Regulation; Back River, Baltimore County, MD 86 FR 28516. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this fireworks display. During the comment period that ended June 11, 2021, we received no comments.
Under 5 U.S.C. 553d3, the Coast Guard finds that good cause exists for making this rule effective less than 30
days after publication in the Federal Register. Due to the date of the event, it would be impracticable to make the regulation effective 30 days after publication in the Federal Register.
Delaying the effective date of this rule would be impracticable and contrary to the public interest because it would delay the safety measures necessary to respond to potential safety hazards associated with this marine event.
Hazards from the air show include risks of injury or death resulting from aircraft accidents, dangerous projectiles, hazardous materials spills, falling debris, and near or actual contact among participants and spectator vessels or waterway users if normal vessel traffic were to interfere with the event.
Additionally, such hazards include participants operating near a designated navigation channel, as well as operating adjacent to waterside residential communities. Immediate action is needed to protect participants, spectators, and other persons and vessels during the air show event on these navigable waters.
III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70041. The Captain of the Port Maryland-National Capital Region COTP has determined that potential hazards associated with the air show being held from July 9, 2021, through July 11, 2021, will be a safety concern for anyone intending to operate within certain waters of Back River in Baltimore County, MD, operating in or near the event area.
IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published May 27, 2021. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes special local regulations from 4 p.m. on July 9, 2021, through 4 p.m. on July 11, 2021. The regulated area will cover all navigable
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waters of Back River, within an area bounded by a line connecting the following points: From the shoreline at Lynch Point at latitude 391446 N, longitude 0762623 W, thence northeast to Porter Point at latitude 391513 N, longitude 0762611 W, thence north along the shoreline to Walnut Point at latitude 391706 N, longitude 0762704 W, thence southwest to the shoreline at latitude 391641 N, longitude 0762731 W, thence south along the shoreline to the point of origin, located in Baltimore County, MD. This rule provides additional information about areas within the regulated area and their definitions. These areas include Aerobatics Box and Spectator Area.
The size of the regulated area and duration of the special local regulations are intended to ensure the safety of life on these navigable waters before, during, and after activities associated with the air show, scheduled from 5
p.m. to 6 p.m. on July 9, 2021, and from 2 p.m. to 3 p.m. both days on July 10, 2021, and July 11, 2021. The COTP and the Coast Guard Event Patrol Commander PATCOM will have authority to forbid and control the movement of all vessels and persons, including event participants, in the regulated area. When hailed or signaled by an official patrol, a vessel or person in the regulated area will be required to immediately comply with the directions given by the COTP or Event PATCOM.
If a person or vessel fails to follow such directions, the Coast Guard may expel them from the area, issue them a citation for failure to comply, or both.
Except for 1st Annual Shootout on the River AirshowSparrows Point participants and vessels already at berth, a vessel or person will be required to get permission from the COTP or Event PATCOM before entering the regulated area. Vessel operators will be able to request permission to enter and transit through the regulated area by contacting the Event PATCOM on VHFFM channel 16. Vessel traffic will be able to safely transit the regulated area once the Event PATCOM deems it safe to do so. A
vessel within the regulated area must operate at safe speed that minimizes wake. A person or vessel not registered with the event sponsor as a participant or assigned as official patrols will be considered a spectator. Official Patrols are any vessel assigned or approved by the Commander, Coast Guard Sector Maryland-National Capital Region with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. Official Patrols enforcing
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