[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Proposed Rules]
[Pages 14381-14384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06845]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0088]
RIN 1625-AA08


Special Local Regulation; Tred Avon River, Between Bellevue, MD 
and Oxford, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local 
regulations for certain waters of the Tred Avon River. This action is 
necessary to provide for the safety of life on the navigable waters 
located between Bellevue, MD, and Oxford, MD, during a swim event on 
June 9, 2018. If necessary, due to inclement weather, the event will be 
rescheduled to June 10, 2018. This proposed rulemaking would prohibit 
persons and vessels from entering the regulated area unless authorized 
by the Captain of the Port Maryland-National Capital Region or the 
Coast Guard Patrol Commander. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 4, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0088 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mr. Ronald Houck, U.S. Coast Guard 
Sector Maryland-National Capital Region; telephone 410-576-2674, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On June 13, 2017, Charcot-Marie-Tooth Association of Trappe, MD, 
notified the Coast Guard that it will be conducting the swim portion of 
the Oxford Biathlon from 9:15 a.m. until 10:15 a.m. on June 9, 2018, 
and if necessary, due to inclement weather, from 9:15 a.m. until 10:15 
a.m. on June 10, 2018. The swim consists of approximately 30 
participants competing on a designated 1300-meter course that starts at 
the ferry dock at Bellevue, MD and finishes at the Tred Avon Yacht Club 
at Oxford, MD. Hazards from the swim competition include participants 
swimming within and adjacent to the designated navigation channel and 
interfering with vessels intending to operate within that channel, as 
well as swimming within approaches to public and private marinas and 
public boat facilities. The COTP Maryland-National Capital Region has 
determined that potential hazards associated with the swim would be a 
safety concern for anyone intending to participate in this event or for 
vessels that operate within specified waters of the Tred Avon River 
between Bellevue, MD, and Oxford, MD.
    The purpose of this rulemaking is to protect event participants, 
spectators and transiting vessels on specified waters of the Tred Avon 
River before, during, and after the scheduled event. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1233, which 
authorize the Coast Guard

[[Page 14382]]

to establish and define special local regulations.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish 
special local regulations from 8:30 a.m. until 11 a.m. on June 9, 2018, 
and if necessary, due to inclement weather, from 8:30 a.m. until 11 
a.m. on June 10, 2018. The regulated area would include all navigable 
waters of the Tred Avon River, from shoreline to shoreline, within an 
area bounded on the east by a line drawn from latitude 38[deg]42'25'' 
N, longitude 076[deg]10'45'' W, thence south to latitude 38[deg]41'37'' 
N, longitude 076[deg]10'26'' W, and bounded on the west by a line drawn 
from latitude 38[deg]41'58'' N, longitude 076[deg]11'04'' W, thence 
south to latitude 38[deg]41'25'' N, longitude 076[deg]10'49'' W, thence 
east to latitude 38[deg]41'25'' N, longitude 076[deg]10'30'' W, located 
at Oxford, MD. The duration of the regulated area is intended to ensure 
the safety of event participants and vessels within the specified 
navigable waters before, during, and after the scheduled 9:15 a.m. to 
10:15 a.m. swim. Except for Oxford Biathlon participants, no vessel or 
person would be permitted to enter the regulated area without obtaining 
permission from the COTP Maryland-National Capital Region or the Coast 
Guard Patrol Commander. The regulatory text we are proposing appears at 
the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size and 
duration of the regulated area, which would impact a small designated 
area of the Tred Avon River for 2\1/2\ hours. The Coast Guard would 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the status of the regulated area. Moreover, the rule would allow vessel 
operators to request permission to enter the regulated area for the 
purpose of safely transiting the regulated area if deemed safe to do so 
by the Coast Guard Patrol Commander.

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 
proposed rule would 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 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination 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 proposed 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

[[Page 14383]]

of waterway users and shore side activities in the event area lasting 
for 2\1/2\ hours. The category of water activities includes but is not 
limited to sail boat regattas, boat parades, power boat racing, 
swimming events, crew racing, canoe and sail board racing. Normally 
such actions are categorically excluded from further review under 
paragraph L[61] of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A preliminary Record of Environmental Consideration 
supporting this determination is 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 
proposed rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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 Sec.  100.501T05-0088 to read as follows:


Sec.  100.501T05-0088   Special Local Regulation, Tred Avon River, 
between Bellevue, MD and Oxford, MD.

    (a) Definitions. As used in this section:
    (1) 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.
    (2) Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the U.S. Coast Guard who has been designated as such 
by the Commander, Coast Guard Sector Maryland-National Capital Region.
    (3) 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.
    (4) Participant means all persons and vessels participating in the 
Oxford Biathlon event under the auspices of the Marine Event Permit 
issued to the event sponsor and approved by Commander, Coast Guard 
Sector Maryland-National Capital Region.
    (b) Location. The following location is a regulated area: All 
navigable waters of the Tred Avon River, from shoreline to shoreline, 
within an area bounded on the east by a line drawn from latitude 
38[deg]42'25'' N, longitude 076[deg]10'45'' W, thence south to latitude 
38[deg]41'37'' N, longitude 076[deg]10'26'' W, and bounded on the west 
by a line drawn from latitude 38[deg]41'58'' N, longitude 
076[deg]11'04'' W, thence south to latitude 38[deg]41'25'' N, longitude 
076[deg]10'49'' W, thence east to latitude 38[deg]41'25'' N, longitude 
076[deg]10'30'' W, located at Oxford, MD. All coordinates reference 
Datum NAD 1983.
    (c) Special local regulations: (1) The COTP or Coast Guard Patrol 
Commander may 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 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. The Coast Guard Patrol Commander may 
terminate the event, or the operation of any support vessel 
participating in the event, at any time it is deemed necessary for the 
protection of life or property.
    (2) Except for participants and vessels already at berth, all 
persons and vessels within the regulated area at the time it is 
implemented shall depart the regulated area.
    (3) Persons and vessels desiring to transit, moor, or anchor within 
the regulated area must obtain authorization from the COTP Maryland-
National Capital Region or Coast Guard Patrol Commander. Prior to the 
enforcement period, vessel operators may request permission to transit, 
moor, or anchor within the regulated area from the COTP Maryland-
National Capital Region at telephone number 410-576-2693 or on Marine 
Band Radio, VHF-FM channel 16 (156.8 MHz). During the enforcement 
period, persons or vessel operators may request permission to transit, 
moor, or anchor within the regulated area from the Coast Guard Patrol 
Commander on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). The 
Coast Guard Patrol Commander and official patrol vessels enforcing this 
regulated area can be contacted on marine band radio VHF-FM channel 16 
(156.8 MHz) and channel 22A (157.1 MHz).
    (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.
    (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 period. This section will be enforced from 8:30 
a.m. until 11 a.m. on June 9, 2018, and if necessary, due to inclement 
weather, from 8:30 a.m. until 11 a.m. on June 10, 2018.


[[Page 14384]]


    Dated: March 29, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-06845 Filed 4-3-18; 8:45 am]
 BILLING CODE 9110-04-P


