Special Local Regulation; Choptank River, Cambridge, MD

CourtCoast Guard
Citation84 FR 6107
Record Number2019-03254
Published date26 February 2019
Federal Register, Volume 84 Issue 38 (Tuesday, February 26, 2019)
[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]
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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: Notice of proposed rulemaking.
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                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
                Ronald.L.Houck@uscg.mil.
                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
                

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