[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Proposed Rules]
[Pages 41032-41035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17763]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0225]
RIN 1625-AA08


Special Local Regulation; Breton Bay, Leonardtown, 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 Breton Bay. This action is 
necessary to provide for the safety of life on these navigable waters 
of Breton Bay, at Leonardtown, MD, on October 6, 2018 and October 7, 
2018. 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 a designated representative. 
We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 17, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0225 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 MST2 Dane Grulkey, U.S. Coast Guard 
Sector Maryland-National Capital Region; telephone 410-576-2570, 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
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On January 22, 2018, the Southern Maryland Boat Club notified the 
Coast Guard that they will be conducting their fall regatta from 8 a.m. 
to 5 p.m. on October 6, 2018, and October 7, 2018. The regatta consists 
of approximately 40 boats, participating in an exhibition of vintage 
outboard racing V-hull boats; the regatta is not a competition but 
rather a demonstration of the vintage race craft. Hazards from the 
regatta include vessels reaching speeds of 90 mph and include risks of 
injury or death resulting from near or actual contact among participant 
vessels and spectator vessels or waterway users if normal vessel 
traffic were to interfere with the event. The COTP Maryland-National 
Capital Region has determined that potential hazards associated with 
the regatta would be a safety concern for anyone intending to operate 
within specified waters.
    The purpose of this rulemaking is to protect marine event 
participants, spectators and transiting vessels on specified waters of 
Breton Bay 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 to be enforced from 7:30 a.m. to 5:30 p.m. on 
October 6, 2018, and from 7:30 a.m. to 5:30 p.m. on October 7, 2018. 
The regulated area would include all navigable waters within Breton 
Bay, from shoreline to shoreline, within an area bound by a line drawn 
along latitude 38[deg]16'43'' N;

[[Page 41033]]

and bounded to the west by a line drawn along longitude 
76[deg]38'29.5'' W, located at Leonardtown, MD. This rule provides 
additional information about designated areas within the regulated 
area, including ``Race Area'', ``Buffer Zone'' and ``Spectator 
Area(s).'' 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 regatta, scheduled to occur 
between 8 a.m. to 5 p.m. each day of the event. Except for 
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.

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 and 
duration of the regulated area, which would impact a small designated 
area of Breton Bay during October 6-7, 2018, for a total of 18 hours. 
The Coast Guard would issue a Broadcast Notice to Mariners via marine 
band radio VHF-FM 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 
safety zone 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.

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 Directive 023-01 and Commandant Instruction M16475.1D, 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 the creation of a special 
local regulation to be enforced a total of 18 hours over two days. 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 L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
preliminary Memorandum For Record for Categorically Excluded Actions is 
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

[[Page 41034]]

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.

0
2. Add Sec.  100.501T05-0225 to read as follows:


Sec.  100.501T05-0225  Special Local Regulation; Breton Bay, 
Leonardtown, 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 a 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) Spectator means any person or vessel not registered with the 
event sponsor as a participant or an official patrol vessel.
    (5) Participant means any person or vessel participating in the 
Southern Maryland Boat Club Fall Regatta 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. All coordinates reference Datum NAD 1983.
    (1) Coordinates: The following location is a regulated area: All 
navigable waters within Breton Bay, MD, immediately adjacent to 
Leonardtown, MD shoreline, from shoreline to shoreline, within an area 
bounded to the east by a line drawn along latitude 38[deg]16'43'' N and 
bounded to the west by a line drawn along longitude 076[deg]38'29.5'' 
W, located at Leonardtown, MD.
    (2) Race area: Located within the waters of Breton Bay, MD in an 
area bound by a line commencing at position latitude 38[deg]17'07.2'' 
N, longitude 076[deg]38'17.3'' W, thence southeast to latitude 
38[deg]16'55.3'' N, longitude 076[deg]37'48'' W, thence southwest to 
latitude 38[deg]16'50.1'' N, longitude 076[deg]37'51.3'' W, thence 
northwest to latitude 38[deg]17'01.9'' N, longitude 076[deg]38'21'' W, 
thence northeast to point of origin.
    (3) Buffer zone: Located within the waters of Breton Bay, MD. The 
area surrounds the entire race area described in the preceding 
paragraph of this section. This area is rectangular in shape and 
provides a buffer of approximately 125 yards around the perimeter of 
the race area. The area is bounded by a line commencing at position 
latitude 38[deg]17'12'' N, longitude 076[deg]38'19.6'' W; thence 
southeast to latitude 38[deg]16'57'' N, longitude 076[deg]37'40.5'' W; 
thence southwest to latitude 38[deg]16'44.8'' N, longitude 
076[deg]37'48.2'' W; thence northwest to latitude 38[deg]17'00.2'' N, 
longitude 076[deg]38'27.8'' W; thence northeast to point of origin.
    (4) Spectator areas: (i) Spectator area A. The area is bounded by a 
line commencing at position latitude 38[deg]16'52.1'' N, longitude 
076[deg]38'14.2'' W; thence northeast to latitude 38[deg]16'54'' N, 
longitude 076[deg]38'12.5'' W; thence southeast to latitude 
38[deg]16'48.6'' N, longitude 076[deg]37'59.3'' W; thence south to 
latitude 38[deg]16'47.4'' N, longitude 076[deg]37'59.3'' W; thence 
northwest along the shoreline to point of origin.
    (ii) Spectator area B. The area is bounded by a line commencing at 
position latitude 38[deg]16'59.1'' N, longitude 076[deg]37'45.6'' W; 
thence southeast to latitude 38[deg]16'57.1'' N, longitude 
076[deg]37'40.2'' W; thence southwest to latitude 38[deg]16'54.3'' N, 
longitude 076[deg]37'41.9'' W; thence southeast to latitude 
38[deg]16'51.8'' N, longitude 076[deg]37'36.4'' W; thence northeast to 
latitude 38[deg]16'55.2'' N, longitude 076[deg]37'34.2'' W; thence 
northwest to latitude 38[deg]16'59.2'' N, longitude 076[deg]37'37.2'' 
W; thence west to latitude 38[deg]17'01.7'' N, longitude 
076[deg]37'43.7'' W; thence south to point of origin.
    (iii) Spectator area C. The area is bounded by a line commencing at 
position latitude 38[deg]16'47.2'' N, longitude 076[deg]37'54.8'' W; 
thence south to latitude 38[deg]16'43.3'' N, longitude 
076[deg]37'55.2'' W; thence east to latitude 38[deg]16'43.2'' N, 
longitude 076[deg]37'47.8'' W; thence north to latitude 
38[deg]16'44.7'' N, longitude 076[deg]37'48.5'' W; thence northwest to 
point of origin.
    (c) Special local regulations: (1) The Captain of the Port 
Maryland-National Capital Region or 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.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (iii) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the race course.

[[Page 41035]]

    (3) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any participant, at any time it is deemed necessary 
for the protection of life or property.
    (4) The Race Area is an area described by a line bounded by 
coordinates provided in latitude and longitude that outlines the 
boundary of a Race Area within the regulated area defined in paragraph 
(b)(2) of this section. The actual placement of the race course will be 
determined by the marine event sponsor but must be located within the 
designated boundaries of the Race Area. Only participants and official 
patrol vessels are allowed to enter the Race Area.
    (5) The Buffer Zone is an area that surrounds the perimeter of the 
Race Area within the regulated area defined in paragraph (b)(3) of this 
section. The purpose of a Buffer Zone is to minimize potential 
collision conflicts with participants and spectators or nearby 
transiting vessels. This area provides separation between the Race Area 
and Spectator Area or other vessels that are operating in the vicinity 
of the regulated area defined in paragraph (b)(1) of this section. Only 
participants and official patrol vessels are allowed to enter the 
Buffer Zone.
    (6) The Spectator Area is an area described by a line bounded by 
coordinates provided in latitude and longitude that outlines the 
boundary of a spectator area within the regulated area defined in 
paragraph (b)(4) of this section. Spectators are only allowed inside 
the regulated area if they remain within the Spectator Area. All 
spectator vessels shall be anchored or operate at a no-wake speed while 
transiting within the Spectator Area. Spectators may contact the Coast 
Guard Patrol Commander to request permission to either enter the 
Spectator Area or pass through the regulated area. If permission is 
granted, spectators must enter the Spectator Area or pass directly 
through the regulated area as instructed at safe speed and without 
loitering.
    (7) 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). 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. 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). 
The Coast Guard Patrol Commander can be contacted on Marine Band Radio, 
VHF-FM channel 16 (156.8 MHz).
    (8) 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 periods. This section will be enforced from 7:30 
a.m. to 5:30 p.m. on October 6, 2018 and from 7:30 a.m. to 5:30 p.m. on 
October 7, 2018.

    Dated: August 13, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-17763 Filed 8-16-18; 8:45 am]
 BILLING CODE 9110-04-P