
[Federal Register Volume 79, Number 116 (Tuesday, June 17, 2014)]
[Rules and Regulations]
[Pages 34413-34415]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14169]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0138]
RIN 1625-AA08


Special Local Regulations for Marine Events, Nanticoke River; 
Bivalve, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations 
during the ``Coastal Aquatics Swim Team Open Water Summer Shore Swim'', 
a marine event to be held on the waters of the Nanticoke River at 
Bivalve, MD on June 29, 2014. These special local regulations are 
necessary to provide for the safety of life on navigable waters during 
the event. This action is intended to temporarily restrict vessel 
traffic in a portion of the Nanticoke River during the event.

DATES: This rule is effective from June 17, 2014 through June 29, 2014 
and enforceable from 8 a.m. to 12:30 p.m. on June 29, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0138]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; 
telephone 410-576-2674, email Ronald.L.Houck@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On March 27, 2014, we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulations for Marine Events, 
Nanticoke River; Bivalve, MD'' in the Federal Register (79 FR 17082). 
We received no comments on the proposed rule. No public meeting was 
requested, and none was held.
    The Administrative Procedure Act (APA) (5 U.S.C. 553(d)(3)) 
authorizes an agency to publish a rule less than 30 days before its 
effective date when the agency for good cause finds that waiting 30 
days would be ``impracticable, unnecessary, or contrary to the public 
interest.'' The Coast Guard finds that good cause exists for making 
this rule effective less than 30 days after publication in the Federal 
Register. As stated above, we published the NPRM on these special local 
regulations on March 27, 2014 (79 FR 17082), and we received no 
comments on the proposed rule. Delaying this regulation's effective 
date for 30 days would be impracticable and would be contrary to the 
public interest as immediate action is needed to ensure the safety of 
the event participants, spectator craft, and other vessels transiting 
the event area. A special local regulation is in the public interest in 
making this a safe event. The Coast Guard will provide advance 
notifications to users of the affected waterways of the safety zone via 
marine information broadcasts and local notice to mariners.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233. The purpose of the 
rule is to ensure safety of life on navigable waters of the United 
States during the Coastal Aquatics Swim Team Open Water Summer Shore 
Swim event.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in response to the NPRM. No 
public meeting was requested and none was held.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory

[[Page 34414]]

Planning and Review, as supplemented by Executive Order 13563, 
Improving Regulation and Regulatory Review, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
Executive Order 12866 or under section 1 of Executive Order 13563. The 
Office of Management and Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulations will be enforced 
for only 4\1/2\ hours; (2) the regulated area has been narrowly 
tailored to impose the least impact on general navigation, yet provide 
the level of safety deemed necessary; (3) persons and vessels will be 
able to transit safely around the regulated area; and (4) the Coast 
Guard will provide advance notification of the special local 
regulations to the local maritime community by Local Notice to Mariners 
and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 received no comments from the Small Business 
Administration on this rule. 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.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of the 
Nanticoke River encompassed within the special local regulations from 8 
a.m. to 12:30 p.m. on June 29, 2014. For the reasons discussed in the 
Regulatory Planning and Review section above, this rule will not have a 
significant economic impact on a substantial number of small entities.

3. Assistance for Small Entities

    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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

 9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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 responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 special local regulations issued in 
conjunction with a regatta or marine parade. This rule is categorically 
excluded from further review under paragraph 34(h) of

[[Page 34415]]

Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

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: 33 U.S.C. 1233.


0
2. Add a temporary section, Sec.  100.35-T05-0138 to read as follows:


Sec.  100.35-T05-0138  Special Local Regulations for Marine Events, 
Nanticoke River; Bivalve, MD.

    (a) Regulated area. The following location is a regulated area: All 
waters of the Nanticoke River, bounded by a line drawn from a point on 
the shoreline at latitude 38[deg]19'15'' N, longitude 075[deg]53'13'' 
W, thence westerly to latitude 38[deg]19'23'' N, longitude 
075[deg]53'45'' W, thence southerly to latitude 38[deg]18'51'' N, 
longitude 075[deg]54'01'' W, thence easterly to latitude 38[deg]18'42'' 
N, longitude 075[deg]53'31'' W, located at Bivalve, MD. All coordinates 
reference Datum NAD 1983.
    (b) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the U.S. Coast Guard who has 
been designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Baltimore with a commissioned, warrant, 
or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant means all persons and vessels participating in the 
Coastal Aquatics Swim Team Open Water Summer Shore Swim event under the 
auspices of the Marine Event Permit issued to the event sponsor and 
approved by Commander, Coast Guard Sector Baltimore.
    (c) Special local regulations. (1) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels and persons 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. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (2) With the exception of participants, all persons desiring to 
transit the regulated area must first obtain authorization from the 
Captain of the Port Baltimore or his designated representative. To seek 
permission to transit the area, the Captain of the Port Baltimore and 
his designated representatives can be contacted at telephone number 
410-576-2693 or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). 
All Coast Guard vessels enforcing this regulated area can be contacted 
on marine band radio VHF-FM channel 16 (156.8 MHz).
    (3) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any participant in the event, at any time it is deemed 
necessary for the protection of life or property.
    (4) 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 date 
and times.
    (d) Enforcement period. This section will be enforced from 8 a.m. 
to 12:30 p.m. on June 29, 2014.

    Dated: May 20, 2014.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2014-14169 Filed 6-16-14; 8:45 am]
BILLING CODE 9110-04-P


