[Federal Register Volume 86, Number 86 (Thursday, May 6, 2021)]
[Rules and Regulations]
[Pages 24326-24328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09564]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0103]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 16, 2021. 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 6 a.m. through 10:30 a.m. on May 16, 
2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0103 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 MST2 Shaun Landante, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone 410-576-2570, 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 Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On February 15, 2021, the TCR Event Management of St. Michaels, MD, 
notified the Coast Guard that it will be conducting the Maryland 
Freedom Swim from 7 a.m. to 9:30 a.m. on May 16, 2021. The open water 
swim consists of approximately 200 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. In 
response, on March 18, 2021, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled ``Special Local Regulation; Choptank 
River, Between Trappe and Cambridge, MD'' (86 FR 14714). There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this swim event. During the comment period 
that ended April 19, 2021, 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 to make the

[[Page 24327]]

regulation effective 30 days after publication in the Federal Register. 
Delaying the effective date date of this rule would be impracticable 
and contrary to the public interest because immediate action is needed 
to respond to the potential safety hazards associated with the 
``Maryland Freedom Swim'' event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Captain of the Port Maryland-National Capital Region (COTP) 
has determined that potential hazards associated with the swim event 
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, 
non-participants, and transiting vessels 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 March 
18, 2021. 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 6 a.m. to 10:30 a.m. on May 16, 2021. 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, 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 
event, scheduled from 7 a.m. until 9:30 a.m. on May 16, 2021.
    Except for participants and vessels already at berth, a vessel or 
person will be required to get permission from the COTP or Event PATCOM 
before entering the regulated area. Vessel operators can request 
permission to enter and transit through the regulated area by 
contacting the Event PATCOM on VHF-FM channel 16. Vessel traffic will 
be able to safely transit the regulated area once the Event 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 will 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 Event 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 non-participants while within 
the regulated 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. 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).
    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 4\1/2\ 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 
Event 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 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 
call or email 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

[[Page 24328]]

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.

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, 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 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 in effect for eight hours. It is 
categorically excluded from further review under paragraph L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
Memorandum for the Record 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 call or email 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.  100.T599-0103 to read as follows:


Sec.  100.T599-0103   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 6 a.m. 
to 10:30 a.m. on May 16, 2021.

    Dated: April 29, 2021.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.

[FR Doc. 2021-09564 Filed 5-5-21; 8:45 am]
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