[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Proposed Rules]
[Pages 15099-15101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07109]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0093]
RIN 1625-AA08


Special Local Regulation; Choptank River, Cambridge, 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 Choptank River. This action is 
necessary to provide for the safety of life on the navigable waters 
located at Cambridge, MD during a swim event on May 20, 2018. 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 May 9, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0093 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 January 4, 2018, Cambridge Multi Sport of Cambridge, MD notified 
the Coast Guard that it will be conducting the Maryland Freedom Swim 
from 7:30 a.m. until 9 a.m. on May 20, 2018. Details of the planned 
event were provided by the sponsor to the Coast Guard on February 5, 
2018. The open water swim consists of approximately 200 participants 
competing on a designated 1.75-mile linear course that starts at the 
beach of Bill Burton Fishing Pier State Park at Trappe, MD, proceeds 
across the Choptank River along and between the fishing piers and the 
Senator Frederick C. Malkus, Jr. Memorial (U.S.-50) Bridge, and 
finishes at the beach of the Dorchester County Visitors Center at 
Cambridge, 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 Choptank River.
    The purpose of this rulemaking is to protect event participants, 
spectators and transiting vessels on specified waters of the Choptank 
River 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 7 a.m. through 9:30 a.m. on May 20, 
2018. There is no alternate date planned for this event. The regulated 
area would include all navigable waters of the Choptank River, from 
shoreline to shoreline, within an area bounded on the east by a line 
drawn from latitude 38[deg]35'14.2'' N, longitude 076[deg]02'33.0'' W, 
thence south to latitude 38[deg]34'08.3'' N, longitude 
076[deg]03'36.2'' W, and bounded on the west by a line drawn from 
latitude 38[deg]35'32.7'' N, longitude 076[deg]02'58.3'' W, thence 
south to latitude 38[deg]34'24.7'' N, longitude 076[deg]04'01.3'' W, 
located at Cambridge, MD. The regulated area is approximately 2,800 
yards in length and 900 yards in width. 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 7:30 a.m. to 9 a.m. swim. Except for Maryland Freedom Swim 
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 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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, time of 
day and duration of the regulated area, which would impact a small 
designated area of the Choptank River for 2.5 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 
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

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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.

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, which guides 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 2.5 
hours. Normally such actions are categorically excluded from further 
review under paragraph L[61] of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. 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, visit http://www.regulations.gov/privacyNotice.
    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 website'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; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0093 to read as follows:


Sec.  100.501T05-0093   Special local regulation, Choptank River, 
Cambridge, MD.

    (a) Definitions. As used in this section:
    (1) Captain of the Port (COTP) 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 COTP 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

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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 
Maryland Freedom Swim 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) Location. The following location is a regulated area: All 
navigable waters of the Choptank River, from shoreline to shoreline, 
within an area bounded on the east by a line drawn from latitude 
38[deg]35'14.2'' N, longitude 076[deg]02'33.0'' W, thence south to 
latitude 38[deg]34'08.3'' N, longitude 076[deg]03'36.2'' W, and bounded 
on the west by a line drawn from latitude 38[deg]35'32.7'' N, longitude 
076[deg]02'58.3'' W, thence south to latitude 38[deg]34'24.7'' N, 
longitude 076[deg]04'01.3'' W, located at Cambridge, 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 the COTP 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 COTP 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). 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).
    (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.
    (d) Enforcement officials. The Coast Guard may be assisted with 
marine event patrol and enforcement of the regulated area by other 
Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 7 a.m. 
through 9:30 a.m. on May 20, 2018.

    Dated: April 3, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-07109 Filed 4-6-18; 8:45 am]
 BILLING CODE 9110-04-P