[Federal Register Volume 84, Number 38 (Tuesday, February 26, 2019)]
[Proposed Rules]
[Pages 6107-6110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03254]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0051]
RIN 1625-AA08


Special Local Regulation; Choptank River, Cambridge, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

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 these navigable waters 
located at Cambridge, MD, during a swim event on the morning of May 11, 
2019. This proposed

[[Page 6108]]

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 March 28, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0051 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. Ron 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
PATCOM Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The TCR Event Management of St. Michaels, MD, notified the Coast 
Guard that it will be conducting the Maryland Freedom Swim on the 
morning of May 11, 2019. The open water swim consists of approximately 
250 participants competing on a designated 1.75-mile linear course. The 
course 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 (US-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 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 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 certain 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. 1231, which 
authorizes 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 8 a.m. through 11 a.m. on May 11, 2019. 
There is no alternate date planned for this event. The regulated area 
would cover 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 proposed duration 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 the open water swim, 
scheduled from 9 a.m. to 10:45 a.m. on May 11, 2019. The COTP and the 
Coast Guard Patrol Commander (PATCOM) would have authority to 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 would be 
required to immediately comply with the directions given by the COTP or 
PATCOM. If a person or vessel fails to follow such directions, the 
Coast Guard may expel them from the area, issue them a citation for 
failure to comply, or both.
    Except for Maryland Freedom Swim participants and vessels already 
at berth, a vessel or person would be required to get permission from 
the COTP or PATCOM before entering the regulated area. Vessel operators 
can request permission to enter and transit through the regulated area 
by contacting the PATCOM on VHF-FM channel 16. Vessel traffic would be 
able to safely transit the regulated area once the PATCOM deems it safe 
to do so. A person or vessel not registered with the event sponsor as a 
participant or assigned as official patrols would be considered a 
spectator. Official Patrols are any 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.
    If permission is granted by the COTP or PATCOM, a person or vessel 
would be allowed to enter the regulated area or pass directly through 
the regulated area as instructed. Vessels would be required to operate 
at a safe speed that minimizes wake while within the regulated area. 
Official patrol vessels will direct spectator vessels while within the 
regulated area. Vessels would be prohibited from loitering within the 
navigable channel. Only participant vessels and official patrol vessels 
would be allowed to enter the race area.
    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 size, time of day 
and duration of the regulated area, which would impact a small 
designated area of the Choptank River for 3 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 
vessels to seek permission to enter the regulated area, and vessel 
traffic would be able to safely transit the regulated area once the 
PATCOM deems it safe to do so.

[[Page 6109]]

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 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 3 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.


[[Page 6110]]


0
2. Add Sec.  100.501T05-0051 to read as follows:


Sec.  100.501T05-0051  Special Local Regulation; Choptank River, 
Cambridge, 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 his 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 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.
    Participants means all persons and vessels registered with the 
event sponsor as participating in the Flying Point Park Outboard 
Regatta or otherwise designated by the event sponsor as having a 
function tied to the event.
    Spectators means all persons and vessels not registered with the 
event sponsor as participants or assigned as official patrols.
    (b) Location. All coordinates reference Datum NAD 1983.
    (1) 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.
    (2) Reserved.
    (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 shall 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 must pass directly 
through the regulated area as instructed by PATCOM. A vessel within the 
regulated area must operate at safe speed that minimizes wake. A 
spectator vessel must not loiter within the navigable channel while 
within the regulated area.
    (4) A person or vessel that desires to transit, moor, or anchor 
within the regulated area must obtain authorization from the COTP 
Maryland-National Capital Region or PATCOM. A person or vessel seeking 
such permission can contact the COTP Maryland-National Capital Region 
at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM 
channel 16 (156.8 MHz) or the PATCOM on Marine Band Radio, VHF-FM 
channel 16 (156.8 MHz).
    (5) 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 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 8 a.m. 
to 11 a.m. on May 11, 2019.

    Dated: February 19, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2019-03254 Filed 2-25-19; 8:45 am]
 BILLING CODE 9110-04-P