[Federal Register Volume 82, Number 75 (Thursday, April 20, 2017)]
[Rules and Regulations]
[Pages 18556-18558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07957]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0077]
RIN 1625-AA08
Special Local Regulation; Tred Avon River, Between Bellevue, MD
and Oxford, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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 10, 2017. This
rulemaking will 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.
DATES: This rule is effective from 8:30 a.m. on June 10, 2017, until
11:30 a.m. on June 11, 2017. This rule will be enforced from 8:30 a.m.
until 11:30 a.m. on June 10, 2017, and if necessary, due to inclement
weather, from 8:30 a.m. until 11:30 a.m. on June 11, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0077 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Maryland-
National Capital Region, MD; 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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On January 23, 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 9:30 a.m. until 10:30 a.m. on June 10, 2017.
The event will be conducted on a designated 1,300-meter course that
starts at the ferry dock at Bellevue, MD and finishes at the Tred Avon
Yacht Club at Oxford, MD. On February 27, 2017, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled ``Special Local
Regulation; Tred Avon River, between Bellevue, MD and Oxford, MD'' in
the Federal Register (82 FR 11867). In the NPRM, we stated the purpose
of the rulemaking and invited comments on the proposed regulatory
action related to this swim event. During the comment period that ended
March 29, 2017, we received 1 comment. No public meeting was requested,
and none was held.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The COTP Maryland-National Capital Region has determined that
potential hazards associated with the swim event on June 10, 2017, will
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 rule is
to protect event participants, spectators and transiting vessels on
certain waters of the Tred Avon River before, during, and after the
scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 1 comment on our NPRM published on
February 27, 2017. There are no changes in the regulatory text of this
rule from what was proposed in the NPRM.
The commenter, an individual, stated support for the regulated
area, that it's necessary because the concentration of swimmers in this
case increases the likelihood of a boating accident. Additionally, the
consequences would be a slight inconvenience for a small number of
recreational boaters and nothing involving significant economic trade
on the waterway.
The Coast Guard agrees that this waterway restriction is necessary,
however, should remain limited in scope and duration. The Coast Guard
carefully considered its actions to enhance safety to event
participants while minimizing restrictions on mariners on the Tred Avon
River. For this event, enough notice has been provided for persons to
schedule, coordinate and adjust their voyages, and the Coast Guard will
only enforce the regulated area during the enforcement period.
This rule establishes special local regulations from 8:30 a.m.
until 11:30 a.m. on June 10, 2017, and if necessary, due to inclement
weather, from 8:30 a.m. until 11:30 a.m. on June 11, 2017. The
regulated area will 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 event,
currently scheduled to begin at 9:30 a.m. and last until 10:30 a.m. No
vessel or person will be permitted to enter the regulated area without
obtaining permission from the COTP Maryland-National Capital Region or
the designated Coast Guard Patrol Commander, except for Oxford Biathlon
participants.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and
[[Page 18557]]
control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it.
As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs''' (February 2, 2017).
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 three 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 vessel
operators to request permission to enter the regulated area for the
purpose of safely transit the regulated area if deemed safe to do so by
the COTP or designated 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 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
regulated area 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
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
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 E.O. 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 E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this 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 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
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 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 may negatively impact the safety of waterway users
and shore side activities within the event area. This category of
marine event 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 34(h) of
Figure 2-1 of Commandant Instruction M16475.lD. 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.
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.
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:
[[Page 18558]]
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.501T05-0077 to read as follows:
Sec. 100.501T05-0077 Special Local Regulation; Tred Avon River,
between Bellevue, MD and Oxford, MD.
(a) Definitions. (1) Captain of the Port 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 Captain of the Port 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 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) Regulated area. 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 Captain of the Port
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 Captain of
the Port 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) for direction.
(4) The Coast Guard may be assisted with marine event patrol and
enforcement of the regulated area by other Federal, State, and local
agencies. 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).
(5) 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 8:30
a.m. until 11:30 a.m. on June 10, 2017, and if necessary, due to
inclement weather, from 8:30 a.m. until 11:30 a.m. on June 11, 2017.
Dated: April 13, 2017.
Michael W. Batchelder,
Commander, U.S. Coast Guard, Acting Captain of the Port Maryland-
National Capital Region.
[FR Doc. 2017-07957 Filed 4-19-17; 8:45 am]
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