[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Rules and Regulations]
[Pages 14262-14264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07070]


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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: 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 
located at Cambridge, MD, on May 11, 2019, during a morning swim event. 
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 Coast Guard Patrol Commander.

DATES:  This rule is effective from 8 a.m. to 11 a.m. on May 11, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0051 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
PATCOM Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The TCR Event Management of St. Michaels, MD, notified the Coast 
Guard that it will be conducting a swim event on the morning of May 11, 
2019. The open water swim 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. In response, on February 26, 
2019, the Coast Guard published an NPRM titled ``Special Local 
Regulation; Choptank River, Cambridge, MD'' (84 FR 6107). There we 
stated why we issued the NPRM and invited comments on our proposed 
regulatory action related to this paddle race. During the comment 
period that ended March 28, 2019, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The COTP Maryland-National Capital Region has determined that 
potential hazards associated with the swim will be a safety concern for 
anyone intending to operate in or near the swim 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 
February 26, 2019. There are no substantive changes in the regulatory 
text of this rule from the proposed rule in the NPRM. However, there 
are two small, nonsubstantive changes. The first change is in paragraph 
(a), to the definition of ``participants.'' The proposed rule stated 
the event name as the Flying Point Park Outboard Regatta. The name of 
the event has been changed to the Maryland Freedom Swim. The second 
change is a slight modification in the paragraphing structure of 
paragraph (b). There were no changes to the regulatory text of 
paragraph (b).
    This rule establishes a special local regulation from 8 a.m. to 11 
a.m. on May 11, 2019. The regulated area will 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,

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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 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 the open water 
swim, scheduled from 9 a.m. to 10:45 a.m. on May 11, 2019. Except for 
participants and vessels already at berth, a vessel or person will 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 will 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 will be allowed to 
enter the regulated area or pass directly through the regulated area as 
instructed. Vessels will 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 
will be prohibited from loitering within the navigable channel.

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, time of 
day and duration of the regulated area, which will impact a small 
designated area of the Choptank River for 3 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 COTP or 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 
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 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.

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

[[Page 14264]]

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 for three hours during the open water swim. 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: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  [thinsp]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 Maryland Freedom Swim 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) 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. All coordinates reference Datum NAD 1983.
    (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: April 5, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2019-07070 Filed 4-9-19; 8:45 am]
 BILLING CODE 9110-04-P