[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]
 BILLING CODE 9110-04-P