[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Proposed Rules]
[Pages 15068-15071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05963]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2014-0108]
RIN 1625-AA08
Special Local Regulations for Marine Events, Choptank River,
Between Cambridge, MD and Trappe, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish special local
regulations during the ``Choptank Bridge Swim'', a marine event to be
held on the waters of the Choptank River between Cambridge, MD and
Trappe, MD on May 10, 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 Choptank River during the event.
DATES: Comments and related material must be received by the Coast
Guard on or before April 17, 2014. The Coast Guard anticipates that
this proposed rule will be effective on May 10, 2014.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
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 [email protected]. If you have
questions on viewing or submitting material to the docket, call Cheryl
Collings, 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. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting comments
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. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2014-0108] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed
[[Page 15069]]
postcard or envelope. We will consider all comments and material
received during the comment period and may change the rule based on
your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2014-0108) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
The current regulations under 33 CFR part 100 address safety for
reoccurring marine events. This marine event does not appear in the
current regulations; however, as it is a regulation to provide
effective control over regattas and marine parades on the navigable
waters of the United States so as to insure safety of life in the
regatta or marine parade area, this marine event therefore needs to be
temporarily added.
C. 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 Choptank Bridge Swim event.
D. Discussion of Proposed Rule
On May 10, 2014, The Columbia Triathlon Association, Inc. of
Columbia, Maryland, is sponsoring the inaugural ``Choptank Bridge
Swim'' across the Choptank River between Cambridge, MD and Trappe, MD.
The event will occur from 10 a.m. to 2:15 p.m. Approximately 250
swimmers will compete on a 3.6-mile and 1.6-mile endurance open water
courses. For the 1.6 mile swim, participants will start at the Choptank
River Fishing Pier State Park on the Talbot County side of the Choptank
River and swim between the Choptank River Bridge and the Choptank River
Fishing Pier, finishing on the beach at the Dorchester County Visitor's
Center. Swimmers participating in the longer 3.6 mile swim will begin
on the beach at the Hyatt Regency in Cambridge (south side of the
river), swim 2 miles north across the river to the Choptank River
Fishing Pier State Park, and then follow the 1.6 mile course between
the Choptank River Bridge and the Choptank River Fishing Pier,
finishing on the beach at the Dorchester County Visitor's Center. The
inaugural Choptank Bridge Swim is sanctioned by the World Open Water
Swimming Association. Participants will be supported by sponsor-
provided watercraft. The swim course will impede the federal navigation
channel.
The Coast Guard proposes to establish special local regulations on
specified waters of the Choptank River. The regulations will be
enforced from 9 a.m. to 3 p.m. on May 10, 2014. The regulated area
includes all waters of Choptank River, from shoreline to shoreline,
within and area bounded on the east by a line drawn from latitude
38[deg]35'13'' N, longitude 076[deg]02'33'' W, thence south to latitude
38[deg]33'50'' N, longitude 076[deg]02'07'' W, and bounded on the west
by a line drawn from latitude 38[deg]35'37'' N, longitude
076[deg]03'09'' W, thence south to latitude 38[deg]34'25'' N, longitude
076[deg]04'05'' W, located at Cambridge, MD.
The effect of this proposed rule will be to restrict general
navigation in the regulated area during the event. Vessels intending to
transit the Choptank River through the regulated area will be allowed
to safely transit the regulated area only when the Coast Guard Patrol
Commander has deemed it safe to do so. The Coast Guard will temporarily
restrict vessel traffic in the event area to provide for the safety of
participants, spectators and other transiting vessels. The Coast Guard
will provide notice of the special local regulations by Local Notice to
Mariners, Broadcast Notice to Mariners, and the official patrol on
scene.
E. 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 or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory 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 rulemaking is not significant for the
following reasons: (1) The special local regulations will be enforced
for only 6 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) although the regulated area applies to the
entire width of the Choptank River, persons and vessels will be able to
transit safely through a portion of the regulated area once the last
participant has cleared that portion of the regulated area and when the
Coast Guard Patrol Commander deems it safe to do so; 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
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
This rulemaking 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
Choptank River encompassed within the special local regulations from 9
a.m. to 3 p.m. on May 10, 2014. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
significant economic impact
[[Page 15070]]
on a substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 rulemaking would economically affect it.
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 proposed rule. If the rulemaking 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. 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.
4. Collection of Information
This proposed 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 proposed rule under that Order and
determined that this rulemaking 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
INFORMATON 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this
rulemaking elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 from Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rulemaking
and would not create an environmental risk to health or risk to safety
that might disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. 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 (NEPA)(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 special
local regulations issued in conjunction with a regatta or marine
parade. This rulemaking is categorically excluded from further review
under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A
preliminary 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 proposed 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 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 a temporary section, Sec. 100.35-T05-0108 to read as follows:
Sec. 100.35-T05-0108 Special Local Regulations for Marine Events,
Choptank River; Between Cambridge, MD and Trappe, MD.
(a) Regulated area. The following location is a regulated area: All
waters of the Choptank River, from shoreline to shoreline, within and
area bounded on the east by a line drawn from latitude 38[deg]35'13''
N, longitude 076[deg]02'33'' W, thence south to latitude 38[deg]33'50''
N, longitude 076[deg]02'07'' W, and bounded on the west by a line drawn
from latitude 38[deg]35'37'' N, longitude 076[deg]03'09'' W, thence
south to latitude 38[deg]34'25'' N, longitude 076[deg]04'05'' W,
located at Cambridge, 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,
[[Page 15071]]
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
Choptank Bridge 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 9 a.m.
to 3 p.m. on May 10, 2014.
Dated: February 28, 2014.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2014-05963 Filed 3-17-14; 8:45 am]
BILLING CODE 9110-04-P