Federal Register - August 16, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations 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 380903.4 N, longitude 0762955.7 W; thence south along the shoreline to Coade Bar at latitude 380822.5 N, longitude 0762919.9
W; thence southwest across St. George Creek to Dodson Point at latitude 380803.8 N, longitude 0762944.6
W; thence north along the shoreline and the eastern extent of the St. George Island SR249 Bridge to Long Bar at the entrance to St. George Harbor at latitude 383013.01916.0 N, longitude 0760850.6 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 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
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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 VHFFM 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
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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 VHFFM 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. 601612, 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. 605b 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 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, 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 agencys responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1888REGFAIR 18887343247.
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.
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