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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations
available in the docket, go to https
www.regulations.gov, type USCG2021
0266 in the SEARCH box and click SEARCH. Next, in the Document Type column, select Supporting &
Related Material.
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.

FOR FURTHER INFORMATION CONTACT:

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations
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II. Background Information and Regulatory History On April 16, 2021, the Chesapeake Bay Power Boat Association of Edgewater, MD, notified the Coast Guard that from 10 a.m. to 5 p.m. on July 10, 2021, and from 10 a.m. to 5 p.m.
on July 11, 2021, it will be conducting the 1st Annual Shootout on the River 2021 on Back River, between Lynch Point to the south and Walnut Point to the north, in Baltimore County, MD. In response, on May 25, 2021, the Coast Guard published a notice of proposed rulemaking NPRM titled Special Local Regulation; Back River, Baltimore County, MD 86 FR 28049. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this highspeed power boat competition. During the comment period that ended June 9, 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 public interest because it would delay the safety measures necessary to respond to potential safety hazards associated with this marine event.
Immediate action is needed to protect participants, spectators, and other persons and vessels during the highspeed power boat event on these navigable waters.

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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 July 10, 2021, and July 11, 2021
high-speed power boat event will be a safety concern for anyone intending to operate within certain waters of Back River in Baltimore County, MD. The purpose of this rule is to ensure safety of vessels and the navigable waters in the regulated area before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
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
VerDate Sep<11>2014

III. Legal Authority and Need for Rule
As noted above, we received no comments on our NPRM published May 25, 2021. There are no substantive changes in the regulatory text of this rule from the proposed rule in the NPRM. However, in subparagraph c4, the term race area was changed to course area to conform with the remaining regulatory text.
This rule establishes special local regulations from 9 a.m. on July 10, 2021, through 6 p.m. on July 11, 2021. The regulated area will 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 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. The duration of the special local regulations and size of the regulated area are intended to ensure the safety of vessels and these navigable waters before, during, and after the high-speed power boat competition, scheduled from 10 a.m. to 5 p.m. on July 10, 2021, and from 10 a.m. to 5 p.m. on 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.
Except for 1st Annual Shootout on the River 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
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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 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. 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 course area.
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 location, size and duration of the regulated area, which would impact a small designated area of Back River for 18 total enforcement hours. The Coast Guard will issue a Broadcast Notice to Mariners via VHF
FM marine channel 16 about the status of the regulated area. Moreover, the rule will allow vessels to seek permission to enter the regulated area, and vessel traffic would be able to safely transit the
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