[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Rules and Regulations]
[Pages 26361-26364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12281]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0088]
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 these navigable waters located 
between Bellevue, MD, and Oxford, MD, during a swim event on June 9, 
2018. If necessary, due to inclement weather, the event will be 
rescheduled to June 10, 2018. This action will 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.

DATES: This rule is effective from 8:30 a.m. on June 9, 2018 through 11 
a.m. on June 10, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0088 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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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; telephone 410-576-2674, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
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 June 13, 2017, Charcot-Marie-Tooth Association of Trappe, MD, 
notified the Coast Guard that from 9:15 a.m. until 10:15 a.m. on June 
9, 2018, and if necessary, due to inclement weather, from 9:15 a.m. 
until 10:15 a.m. on June 10, 2018, it will be conducting the swim 
portion of the Oxford Biathlon in the Tred Avon River that starts at 
Bellevue, MD and finishes at Oxford, MD. In response, on April 4, 2018, 
the Coast Guard published a notice of proposed rulemaking (NPRM) 
entitled ``Special Local Regulation; Tred Avon River, between Bellevue, 
MD and Oxford, MD'' (83 FR 14381). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this fireworks display. During the comment period that ended May 4, 
2018, we received one comment.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Due to the date of the event, it 
would be impracticable and contrary to the public interest to make the 
regulation effective 30 days after publication in the Federal Register. 
The regulation must be in place by June 9th in order to protect the 
public from the hazards associated with this swim event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233, which authorizes the Coast Guard to establish and define special 
local regulations. The Captain of the Port (COTP) Maryland--National 
Capital Region has determined that potential hazards associated with 
the swim would be a safety concern for anyone intending to operate 
within certain 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published April 
4, 2018. The comment addressed issues not related to this rulemaking. 
Therefore, there are no substantive changes in the regulatory text of 
this rule from the proposed rule in the NPRM.
    This rule establishes a special local regulation to be enforced 
from 8:30 a.m. until 11 a.m. on June 9, 2018, and if necessary, due to 
inclement weather, from 8:30 a.m. until 11 a.m. on June 10, 2018. The 
regulated area covers 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 enforcement and 
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 9:15 a.m. to 10:15 a.m. swim. Except for 
Oxford Biathlon participants, no vessel or person will be permitted to 
enter the regulated area without obtaining permission from the COTP 
Maryland--National Capital Region or Coast Guard Patrol Commander.

V. Regulatory Analyses

    We developed this 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 and 
duration of the regulated area, which would impact a small designated 
area of the Tred Avon River for 2\1/2\ 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 vessels 
to request permission to enter the regulated area, and vessel traffic 
will 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 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

[[Page 26363]]

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 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this 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 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 
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 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 could negatively impact the 
safety of waterway users and shore side activities in the event area 
lasting 2\1/2\ hours. It is categorically excluded from further review 
under paragraph L[61] of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01. A Memorandum For Record for Categorically 
Excluded Actions supporting this determination is available in the 
docket where indicated under ADDRESSES.

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:

    Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.


0
2. Add Sec.  100.501T05-0088 to read as follows:


Sec.  100.501T05-0088  Special Local Regulation; Tred Avon River, 
between Bellevue, MD and Oxford, MD.

    (a) Definitions--(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 Capital Region with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (4) Participant means all persons and vessels registered with the 
event sponsor as participating in the Oxford Biathlon event or 
otherwise designated by event sponsor as having a function tied to the 
event.
    (b) Location. 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 
activated are to 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. 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 the 
marine event patrol and enforcement of the

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regulated area by other Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 8:30 
a.m. until 11 a.m. on June 9, 2018, and if necessary, due to inclement 
weather, from 8:30 a.m. until 11 a.m. on June 10, 2018.

    Dated: June 4, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland--National 
Capital Region.
[FR Doc. 2018-12281 Filed 6-6-18; 8:45 am]
 BILLING CODE 9110-04-P