[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Rules and Regulations]
[Pages 18167-18169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07266]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2013-1059]
RIN 1625-AA08
Special Local Regulations for Marine Events, 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
during the ``Oxford-Bellevue Sharkfest Swim'', a marine event to be
held on the waters of the Tred Avon River 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 Tred Avon River
during the event.
DATES: This rule is effective from 9 a.m. to 11:59 a.m. on May 10,
2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-1059]. 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 [email protected]. If you have
questions on viewing or submitting material to the
[[Page 18168]]
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 February 4, 2014, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulations for Marine Events, Tred
Avon River; Between Bellevue, MD and Oxford, MD'' in the Federal
Register (79 FR 6506). We received no comments on the proposed rule. No
public meeting was requested, and none was held.
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 Oxford-Bellevue Sharkfest 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 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 3 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 Tred Avon 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
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 Tred Avon
River encompassed within the special local regulations from 9 a.m. to
11:59 a.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 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 (Public Law 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.
[[Page 18169]]
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 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-T05-1059 to read as follows:
Sec. 100.35-T05-1059 Special Local Regulations for Marine Events,
Tred Avon River; Between Bellevue, MD and Oxford, MD.
(a) Regulated area. The following location is a regulated area: All
waters of the Tred Avon River, from shoreline to shoreline, within and
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.
(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
Oxford-Bellevue Sharkfest 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 11:59 a.m. on May 10, 2014.
Dated: March 18, 2014.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2014-07266 Filed 3-31-14; 8:45 am]
BILLING CODE 9110-04-P