[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Proposed Rules]
[Pages 49195-49197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17774]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0500]
RIN 1625-AA08


Special Local Regulation; Little Annemessex River and Somers 
Cove, Crisfield, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish special local 
regulations for certain waters of the Little Annemessex River and 
Somers Cove. This action is necessary to provide for the safety of life 
on these navigable waters located in Somerset County at Crisfield, MD, 
during an open water swim competition on September 17, 2016. This 
proposed rulemaking would prohibit persons and vessels from being in 
the regulated area unless authorized by the Captain of the Port 
Maryland-National Capital Region or 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 August 26, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0500 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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On June 1, 2016, OC Tri-Running Sports of Bishopville, MD notified 
the Coast Guard that it will be conducting the swim portion of the 
Crisfield CrabMan Triathlon from 6:30 a.m. until 9 a.m. on September 
17, 2016. The open water swim competition is to be held along a 
designated 0.93-mile (1500 meters/1.5k) linear course that starts from 
a stationary barge located in the Little Annemessex River in 
approximate position latitude 37[deg]58'15'' N., longitude 
075[deg]52'09'' W., and finishes at the Somers Cove Marina in Somers 
Cove at Crisfield, MD. Prior to the swim start, participants will be 
transported from the Crisfield City Dock to the barge on board a ferry. 
Hazards from the swim competition include approximately 200 
participants operating within and adjacent to designated navigation 
channels and interfering with vessels intending to operate within those 
channels, as well as operating within the narrow entrance to Somers 
Cove. The COTP Maryland-National Capital Region has determined that 
potential hazards associated with the swim competition would be a 
safety concern for anyone intending to operate within certain waters of 
the Little Annemessex River and Somers Cove at Crisfield, MD.
    The purpose of this rulemaking is to protect event participants, 
spectators and transiting vessels on certain waters of the Little 
Annemessex River and Somers Cove 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 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 5:30 a.m. until 10 a.m. on September 17, 
2016, and if necessary due to inclement weather, from 5:30 a.m. until 
10 a.m. on September 18, 2016. The regulated area would cover all 
navigable waters of the Little Annemessex River and Somers

[[Page 49196]]

Cove, from shoreline to shoreline, bounded to the north by a line drawn 
from the eastern shoreline of Janes Island at latitude 37[deg]58'39'' 
N., longitude 075[deg]52'05'' W. and thence eastward to the Crisfield 
City Dock at latitude 37[deg]58'39'' N., longitude 075[deg]51'50'' W., 
and bounded to the south by a line drawn from Long Point on Janes 
Island at latitude 37[deg]58'12'' N., longitude 075[deg]52'42'' W. and 
thence eastward to Hammock Point at latitude 37[deg]57'58'' N., 
longitude 075[deg]51'58'' W., located at Crisfield, MD. The duration of 
the regulated area is intended to ensure the safety of vessels and 
these navigable waters before, during, and after the scheduled 6:30 
a.m. until 9 a.m. swim competition. Except for Crisfield CrabMan 
Triathlon participants, no vessel or person would be permitted to enter 
the regulated area without obtaining permission from the COTP Maryland-
National Capital Region or a designated representative. 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 (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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. 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.
    This regulatory action determination is based on the size and 
duration of the regulated area, which would impact a small designated 
area of the Little Annemessex River and Somers Cove for 4.5 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 vessels to seek permission to enter the regulated 
area, and vessel traffic would be able to safely transit the regulated 
area once the Coast Guard Patrol Commander 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 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 above.

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 of waterway users and shore 
side activities in the event area lasting for 4.5 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 34(h) of Figure 2-1 of Commandant 
Instruction M16475.lD. A preliminary environmental analysis checklist 
and

[[Page 49197]]

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.

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, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    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 Web site'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.  100.35-T05-0500 to read as follows:


Sec.  100.501-T05-0500  Special Local Regulation; Little Annemessex 
River and Somers Cove, Crisfield, MD.

    (a) Regulated area. The following location is a regulated area: All 
navigable waters of the Little Annemessex River and Somers Cove, from 
shoreline to shoreline, bounded to the north by a line drawn from the 
eastern shoreline of Janes Island at latitude 37[deg]58'39'' N., 
longitude 075[deg]52'05'' W. and thence eastward to the Crisfield City 
Dock at latitude 37[deg]58'39'' N., longitude 075[deg]51'50'' W., and 
bounded to the south by a line drawn from Long Point on Janes Island at 
latitude 37[deg]58'12'' N., longitude 075[deg]52'42'' W. and thence 
eastward to Hammock Point at latitude 37[deg]57'58'' N., longitude 
075[deg]51'58'' W., located at Crisfield, MD. All coordinates reference 
Datum NAD 1983.
    (b) 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 
swim portion of the Crisfield CrabMan Triathlon 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.
    (c) Special local regulations: (1) The 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, mooring, 
or anchor, all persons and vessels within the regulated area at the 
time it is implemented are to depart the regulated area.
    (3) Persons desiring to transit the regulated area must first 
obtain authorization from the Captain of the Port Maryland-National 
Capital Region or Coast Guard Patrol Commander. Prior to the 
enforcement period, to seek permission to transit the area, the Captain 
of the Port Maryland-National Capital Region can be contacted at 
telephone number 410-576-2693 or on Marine Band Radio, VHF-FM channel 
16 (156.8 MHz). During the enforcement period, to seek permission to 
transit the area, the Coast Guard Patrol Commander can be contacted on 
Marine Band Radio, VHF-FM channel 16 (156.8 MHz) for direction.
    (4) The Coast Guard may be assisted in the 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 5:30 
a.m. until 10 a.m. on September 17, 2016, and if necessary due to 
inclement weather, from 5:30 a.m. until 10 a.m. on September 18, 2016.

    Dated: July 5, 2016.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2016-17774 Filed 7-26-16; 8:45 am]
 BILLING CODE 9110-04-P