[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
[Rules and Regulations]
[Pages 26355-26358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09082]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0084]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for certain waters of the Tred Avon River. This action is 
necessary to provide for the safety of life on these navigable waters 
located between Bellevue, MD, and Oxford, MD, during a swim event on 
June 6, 2020. 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 Patrol 
Commander.

DATES: This rule is effective from 6:45 a.m. to 10:15 a.m. on June 6, 
2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0084 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

[[Page 26356]]


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 410-576-2674, email Ronald.L.Houck@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Charcot Marie Tooth Association and Therapies for Inherited 
Neuropathies of Trappe, MD, notified the Coast Guard that from 7:45 
a.m. to 9:15 a.m. on June 6, 2020, it will be conducting the swim 
portion of the Oxford Funathlon in the Tred Avon River along a 1200-
meter course that starts at the ferry dock in Bellevue, MD, and 
finishes at the Tred Avon Yacht Club in Oxford, MD. In response, on 
February 14, 2020, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Special Local Regulation; Tred Avon River, 
Between Bellevue and Oxford, MD'' (85 FR 8504). 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 
March 16, 2020, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Maryland-
National Capital Region (COTP) has determined that potential hazards 
associated with the swim will be a safety concern for anyone intending 
to participate in this event and for vessels that operate within 
specified waters of the Tred Avon River. The purpose of this rule is to 
protect event participants, non-participants, and transiting vessels in 
the regulated area before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
February 14, 2020. 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 6:45 a.m. to 
10:15 a.m. on June 6, 2020. The regulated area will cover 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 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 rule and size of the regulated area are 
to ensure the safety of life on these navigable waters before, during, 
and after the scheduled 7:45 a.m. to 9:15 a.m. open water swim. The 
COTP and the Coast Guard 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 Oxford Funathlon participants and vessels already at 
berth, a vessel or person will be required to get permission from the 
COTP or 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 PATCOM on VHF-FM channel 16. Vessel 
traffic will be able to safely transit the regulated area once the 
PATCOM deems it safe to do so. A person or vessel not registered with 
the event sponsor as a participant or assigned as official patrols 
would be considered a non-participant. 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.
    If permission is granted by the COTP or 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. 
Official patrol vessels will direct non-participants while within the 
regulated 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, time of 
day and duration of the regulated area, which will impact a small 
designated area of the Tred Avon River for 3.5 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 will be able to safely transit the regulated area once the 
PATCOM deems it safe to do so.

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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    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 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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees

[[Page 26357]]

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.

C. 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).

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 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 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.

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 
1969(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 
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 of waterway users and shore 
side activities in the event area lasting for 3.5 hours. It is 
categorically excluded from further review under paragraph L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

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: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T05-0084 to read as follows:


Sec.  100.T05-0084  Oxford Funathlon, Tred Avon River, Between Bellvue 
and Oxford, MD.

    (a) Regulated area. The regulations in this section apply to the 
following 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. These coordinates 
are based on datum NAD 1983.
    (b) Definitions. As used in this section--
    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.
    Coast Guard Patrol Commander (PATCOM) means a commissioned, 
warrant, or petty officer of the U.S. Coast Guard who has been 
designated by the Commander, Coast Guard Sector Maryland-National 
Capital Region.
    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.
    Participant means all persons and vessels registered with the event 
sponsor as participating in the Maryland Freedom Swim or otherwise 
designated by the event sponsor as having a function tied to the event.
    (c) Regulations. (1) Except for vessels already at berth, all non-
participants are prohibited from entering, transiting through, 
anchoring in, or remaining within the regulated area described in 
paragraph (a) of this section unless authorized by the COTP Maryland-
National Capital Region or PATCOM.
    (2) To seek permission to enter, contact the COTP Maryland-National 
Capital Region at telephone number 410-576-2693 or on Marine Band 
Radio, VHF-FM channel 16 (156.8 MHz) or the PATCOM on Marine Band 
Radio, VHF-FM channel 16 (156.8 MHz). Those in the regulated area must 
comply with all lawful orders or directions given to them by the COTP 
Maryland-National Capital Region or PATCOM.
    (3) The COTP Maryland-National Capital Region will provide notice 
of the regulated area through advanced notice via Fifth Coast Guard 
District Local Notice to Mariners, broadcast notice to mariners, and 
on-scene official patrols.
    (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 6:45 
a.m. to 10:15 a.m. on June 6, 2020.


[[Page 26358]]


    Dated: April 23, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard Captain of the Port Maryland-National Capital 
Region.
[FR Doc. 2020-09082 Filed 5-1-20; 8:45 am]
BILLING CODE 9110-04-P


