[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]
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