[Federal Register Volume 83, Number 198 (Friday, October 12, 2018)]
[Rules and Regulations]
[Pages 51625-51628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22224]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0577]
RIN 1625-AA08


Special Local Regulation; Choptank River, Talbot and Dorchester 
Counties, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for certain navigable waters of the Choptank River. This 
action is necessary to provide for the safety of life on these waters 
near Oxford, MD, from October 7, 2018, through October 15, 2018, during 
a sailboat regatta. This regulation prohibits 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.

DATES: This rule is effective without actual notice from October 12, 
2018 through 5:30 p.m. on October 15, 2018. For the purposes of 
enforcement, actual notice will be used from 11:30 a.m. on October 7, 
2018 until October 12, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0577 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; 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 February 13, 2018, the Tred Avon Yacht Club of Oxford, MD, 
notified the Coast Guard through submission of a marine event 
application that from October 5, 2018, through October 15, 2018, it 
will be conducting a sailboat

[[Page 51626]]

regatta, the 2018 Star World Championship on the Choptank River, in 
Talbot and Dorchester Counties, near Oxford, MD. Race activities on 
navigable waters are planned each afternoon of the regatta beginning on 
October 7th. In response, on August 17, 2018, the Coast Guard published 
a notice of proposed rulemaking (NPRM) titled ``Special Local 
Regulation; Choptank River, Talbot and Dorchester Counties, MD'' (83 FR 
41029). There we stated why we issued the NPRM, and invited comments on 
our proposed regulatory action related to this sailboat regatta. During 
the comment period that ended September 17, 2018, we received no 
comments.
    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 October 7th in order to protect the 
public from the hazards associated with this sailing regatta. 
Therefore, the Coast Guard is making this rule effective immediately.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Maryland-National Capital Region (COTP) 
has determined that potential hazards associated with the sailboat 
regatta will be a safety concern for anyone intending to operate in or 
near the race area. The purpose of this rule is to protect event 
participants, spectators, and transiting vessels on specified waters of 
the Choptank River before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
August 17, 2018. There are no 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 11:30 a.m. until 5:30 p.m., each day, from October 7, 2018, 
through October 15, 2018. The regulated area would cover all navigable 
waters of the Choptank River, within an area bounded by the following 
coordinates: Commencing at latitude 38[deg]41'39.02'' N, longitude 
076[deg]11'19.18'' W, thence south to latitude 38[deg]37'28.68'' N, 
longitude 076[deg]11'19.18'' W, thence west to latitude 
38[deg]37'28.68'' N, longitude 076[deg]18'18.35'' W, thence north to 
latitude 38[deg]41'39027'' N, longitude 076[deg]18'18.35'' W, thence 
east to point of origin, located near Oxford, MD. This rule provides 
additional information about an area within the regulated area, the 
``Race Area.'' The duration of the special local regulations and size 
of the regulated area are intended to ensure the safety of life on 
these navigable waters before, during, and after sail boat races, 
scheduled from noon until 5 p.m. on October 7, 8, 9, 10, 11, 12, 13, 
14, and 15, 2018. Except for participants and vessels already at berth, 
a person or vessel within the regulated area at the start of 
enforcement of this special local regulation must immediately depart 
the regulated area. A spectator must contact the Coast Guard Patrol 
Commander (PATCOM) to request permission to either enter or pass 
through the regulated area. The PATCOM can be contacted on marine band 
radio VHF-FM channel 16 (156.8 MHz) and channel 22A (157.1 MHz). If 
permission is granted, the spectator may enter the regulated area or 
pass directly through the regulated area as instructed by PATCOM. A 
vessel within the regulated area must operate at a safe speed that 
minimizes wake. A spectator vessel must not loiter within the navigable 
channel while within the regulated area. Only participant vessels and 
official patrol vessels are allowed to enter the race area.

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, duration 
and location of the regulated area. Vessel traffic will be able to 
safely transit around this regulated area, which would impact a small 
designated area of the Choptank River for 54 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 seek permission to enter the regulated area, and vessel 
traffic will be able to safely transit the regulated area once the 
PATCOM 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 received no comments from the Small Business 
Administration on this rulemaking. 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 
safety zone 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.

[[Page 51627]]

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.

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 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 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. 
The temporary regulated area will be enforced daily during a nine-day 
period during the sailboat regatta. It is categorically excluded from 
further review under paragraph L61 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.  [thinsp]100.501T05-0577 to read as follows:


Sec.  100.501T05-0577   Special Local Regulation; Choptank River, 
Talbot and Dorchester Counties, MD.

    (a) Definitions. As used in this section:
    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 the COTP's behalf.
    Coast Guard Patrol Commander (PATCOM) 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.
    Official Patrol means a vessel assigned or approved by the 
Commander, Coast Guard Sector Maryland-National Capital Region with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    Participant means a person or vessel registered with the event 
sponsor as participating in the 2018 Star World Championship regatta or 
otherwise designated by the regatta's sponsor as having a function tied 
to the event.
    Spectator means a person or vessel not registered with the event 
sponsor as a participant or assigned as an official patrol.
    (b) Locations. All coordinates reference Datum NAD 1983.
    (1) Regulated area. All navigable waters of the Choptank River, 
bounded by a line connecting the following coordinates: Commencing at 
latitude 38[deg]41'39.02'' N, longitude 076[deg]11'19.18'' W, thence 
south to latitude 38[deg]37'28.68'' N, longitude 076[deg]11'19.18'' W, 
thence west to latitude 38[deg]37'28.68'' N, longitude 
076[deg]18'18.35'' W, thence north to latitude 38[deg]41'39027'' N, 
longitude 076[deg]18'18.35'' W, thence east to point of origin, located 
near Oxford, MD. The following location is within the regulated area:
    (2) Race area. The race area is a circle in shape with its center 
located at position latitude 38[deg]39'48.00'' N, longitude 
076[deg]15'03.42'' W. The area is bounded by a line measuring 
approximately 2.5 nautical miles in diameter.
    (c) Special local regulations. (1) The COTP Maryland-National 
Capital Region or PATCOM 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 must immediately comply with the directions given 
by the patrol. Failure to do so may result in the Coast Guard expelling 
the person or vessel from the area, issuing a citation for failure to 
comply, or both. The COTP Maryland-National Capital Region or PATCOM 
may terminate the event, or a participant's operations at any time the 
COTP Maryland-National Capital Region or PATCOM believes it necessary 
to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person 
or vessel within the regulated area at the start of enforcement of this 
section must immediately depart the regulated area.
    (3) A spectator must contact the PATCOM to request permission to 
either enter or pass through the regulated area. The PATCOM, 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). If permission is granted, the spectator may enter the 
regulated area or pass directly through the regulated area as 
instructed by PATCOM. A vessel within the regulated area must operate 
at a safe speed that minimizes wake. A

[[Page 51628]]

spectator vessel must not loiter within the navigable channel while 
within the regulated area.
    (4) Only participant vessels and official patrol vessels are 
allowed to enter the race area.
    (5) A person or vessel that desires to transit, moor, or anchor 
within the regulated area must first obtain authorization from the COTP 
Maryland-National Capital Region or PATCOM. A person or vessel seeking 
such permission can contact the PATCOM on Marine Band Radio, VHF-FM 
channel 16 (156.8 MHz).
    (6) 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 periods. This section will be enforced during each 
of the following times:
    (1) From 11:30 a.m. until 5:30 p.m. on October 7, 2018.
    (2) From 11:30 a.m. until 5:30 p.m. on October 8, 2018.
    (3) From 11:30 a.m. until 5:30 p.m. on October 9, 2018.
    (4) From 11:30 a.m. until 5:30 p.m. on October 10, 2018.
    (5) From 11:30 a.m. until 5:30 p.m. on October 11, 2018.
    (6) From 11:30 a.m. until 5:30 p.m. on October 12, 2018.
    (7) From 11:30 a.m. until 5:30 p.m. on October 13, 2018.
    (8) From 11:30 a.m. until 5:30 p.m. on October 14, 2018.
    (9) From 11:30 a.m. until 5:30 p.m. on October 15, 2018.

    Dated: September 26, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-22224 Filed 10-11-18; 8:45 am]
 BILLING CODE 9110-04-P