[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Proposed Rules]
[Pages 5608-5610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01772]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0074]
RIN 1625-AA08


Special Local Regulation; Choptank River, Between Trappe and 
Cambridge, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish temporary 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 between Trappe, Talbot County, MD, and Cambridge, 
Dorchester County, MD, during a swim event on May 30, 2020. This 
proposed 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 2, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0074 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

    TCR Event Management of St. Michaels, MD, notified the Coast Guard 
that it will be conducting the Maryland Freedom Swim from 10 a.m. to 
noon on May 30, 2020. The open water swim consists of approximately 300 
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 and for vessels that operate 
within specified waters of the Choptank River.
    The purpose of this rulemaking is to protect event participants, 
non-

[[Page 5609]]

participants, and transiting vessels on before, during, and after the 
scheduled event. The Coast Guard is proposing this rulemaking under 
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region is proposing to establish 
special local regulations from 9 a.m. through 1 p.m. on May 30, 2020. 
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 of the rule 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 to take place from 10 a.m. to noon on May 30, 2020. 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.
    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 
would be able to 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 non-participant. 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 would direct non-participants while within the 
regulated 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 4 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.

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 (Public Law 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.

[[Page 5610]]

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, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
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 4 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 
submissions in response to this docket, see DHS's Correspondence System 
of Records notice (84 FR 48645, September 26, 2018).
    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 is 
proposing 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: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T05-0074 to read as follows:


Sec.  100.T05-0074   Maryland Freedom Swim, Choptank River, Between 
Trappe and Cambridge, MD.

    (a) Regulated area. The regulations in this section apply to the 
following 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. These coordinates are based on datum NAD 
1983.
    (b) 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.
    Participant 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.
    (c) Regulations. (1) Except for vessels already at berth, all non-
participants are prohibited from entering, transiting through, 
anchoring in, or remaining within the regulated area described in 
paragraph (a) of this section unless authorized by the COTP Maryland-
National Capital Region or PATCOM.
    (2) To seek permission to enter, 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). Those in the regulated area must 
comply with all lawful orders or directions given to them by the COTP 
Maryland-National Capital Region or PATCOM.
    (3) The COTP Maryland-National Capital Region will provide notice 
of the regulated area through advanced notice via Fifth Coast Guard 
District Local Notice to Mariners, broadcast notice to mariners, and 
on-scene official patrols.
    (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 9 a.m. 
to 1 p.m. on May 30, 2020.

    Dated: January 27, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2020-01772 Filed 1-30-20; 8:45 am]
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