[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)]
[Proposed Rules]
[Pages 11867-11869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03757]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 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. If necessary, due to inclement weather, the event will be 
rescheduled to June 11, 2017. This proposed rulemaking would 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. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 29, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0077 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
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    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, 
and if necessary, due to inclement weather, from 9:30 a.m. until 10:30 
a.m. on June 11, 2017. The swim consist of approximately 25 
participants competing on a designated 1300-meter course that starts at 
the ferry dock at Bellevue, MD and finishes at the Tred Avon Yacht Club 
at Oxford, MD. Hazards from the swim competition include participants 
swimming within and adjacent to the designated navigation channel and 
interfering with vessels intending to operate within that channel, as 
well as swimming within approaches to local public and private marinas 
and public boat facilities. The COTP Maryland-National Capital Region 
has determined that potential hazards associated with the swim would 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 rulemaking is to protect event participants, 
spectators and transiting vessels on specified waters of the Tred Avon 
River before, during, and after the scheduled event.
    The Coast Guard proposes this rulemaking under authority in 33 
U.S.C.

[[Page 11868]]

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 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 would 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 scheduled 9:30 a.m. to 10:30 a.m. swim. Except 
for Oxford Biathlon participants, no vessel or person would be 
permitted to enter the regulated area without obtaining permission from 
the COTP Maryland-National Capital Region or the Coast Guard Patrol 
Commander. 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 (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 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. 
E.O. 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 E.O. 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 Tred Avon River for 3 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 vessel 
operators to request permission to enter the regulated area for the 
purpose of safely transiting the regulated area if deemed safe to do so 
by the 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 
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 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 proposed 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 proposed rule does not have tribal implications under 
E.O. 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 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

[[Page 11869]]

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 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 a temporary Sec.  100.35-T05-0077 to read as follows:


Sec.  100.501-T05-007  Special Local Regulation; Tred Avon River, 
between Bellevue, MD and Oxford, MD.

    (a) 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.
    (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 
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.
    (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, 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 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: February 21, 2017.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2017-03757 Filed 2-24-17; 8:45 am]
 BILLING CODE 9110-04-P