Special Local Regulation; Tred Avon River, Between Bellevue and Oxford, MD

Cited as:85 FR 26355
Court:Coast Guard
Publication Date:04 May 2020
Record Number:2020-09082
Federal Register, Volume 85 Issue 86 (Monday, May 4, 2020)
[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
                [Rules and Regulations]
                [Pages 26355-26358]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-09082]
                =======================================================================
                -----------------------------------------------------------------------
                DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 100
                [Docket Number USCG-2020-0084]
                RIN 1625-AA08
                Special Local Regulation; Tred Avon River, Between Bellevue and
                Oxford, MD
                AGENCY: Coast Guard, DHS.
                ACTION: Temporary final rule.
                -----------------------------------------------------------------------
                SUMMARY: The Coast Guard is establishing temporary special local
                regulations for certain waters of the Tred Avon River. This action is
                necessary to provide for the safety of life on these navigable waters
                located between Bellevue, MD, and Oxford, MD, during a swim event on
                June 6, 2020. This regulation prohibits 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.
                DATES: This rule is effective from 6:45 a.m. to 10:15 a.m. on June 6,
                2020.
                ADDRESSES: To view documents mentioned in this preamble as being
                available in the docket, go to https://www.regulations.gov, type USCG-
                2020-0084 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
                Docket Folder on the line associated with this rule.
                [[Page 26356]]
                FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
                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 Information and Regulatory History
                 Charcot Marie Tooth Association and Therapies for Inherited
                Neuropathies of Trappe, MD, notified the Coast Guard that from 7:45
                a.m. to 9:15 a.m. on June 6, 2020, it will be conducting the swim
                portion of the Oxford Funathlon in the Tred Avon River along a 1200-
                meter course that starts at the ferry dock in Bellevue, MD, and
                finishes at the Tred Avon Yacht Club in Oxford, MD. In response, on
                February 14, 2020, the Coast Guard published a notice of proposed
                rulemaking (NPRM) titled ``Special Local Regulation; Tred Avon River,
                Between Bellevue and Oxford, MD'' (85 FR 8504). There we stated why we
                issued the NPRM, and invited comments on our proposed regulatory action
                related to this fireworks display. During the comment period that ended
                March 16, 2020, 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.
                70034 (previously 33 U.S.C. 1231). The Captain of the Port Maryland-
                National Capital Region (COTP) has determined that potential hazards
                associated with the swim will be a safety concern for anyone intending
                to participate in this event and for vessels that operate within
                specified waters of the Tred Avon River. The purpose of this rule is to
                protect event participants, non-participants, and transiting vessels in
                the regulated area 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 14, 2020. There are no changes in the regulatory text of this
                rule from the proposed rule in the NPRM.
                 This rule establishes special local regulations from 6:45 a.m. to
                10:15 a.m. on June 6, 2020. The regulated area will cover all navigable
                waters of the Tred Avon River, from shoreline to shoreline, within an
                area bounded on the east by a line drawn from latitude 38[deg]42'25''
                N, longitude 076[deg]10'45'' W, thence south to latitude 38[deg]41'37''
                N, longitude 076[deg]10'26'' W, and bounded on the west by a line drawn
                from latitude 38[deg]41'58'' N, longitude 076[deg]11'04'' W, thence to
                latitude 38[deg]41'25'' N, longitude 076[deg]10'49'' W, thence east to
                latitude 38[deg]41'25'' N, longitude 076[deg]10'30'' W, located at
                Oxford, MD. The duration of the rule and size of the regulated area are
                to ensure the safety of life on these navigable waters before, during,
                and after the scheduled 7:45 a.m. to 9:15 a.m. open water swim. The
                COTP and the Coast Guard Patrol Commander (PATCOM) will have authority
                to forbid and control the movement of all vessels and persons,
                including event participants, in the regulated area.
                 Except for Oxford Funathlon 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
                will be able to 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 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
                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. 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 Tred Avon River for 3.5 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
                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
                safety zone 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
                call or email the person listed in the FOR FURTHER INFORMATION CONTACT
                section.
                 Small businesses may send comments on the actions of Federal
                employees
                [[Page 26357]]
                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.
                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
                that could negatively impact the safety of waterway users and shore
                side activities in the event area lasting for 3.5 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.
                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.T05-0084 to read as follows:
                Sec. 100.T05-0084 Oxford Funathlon, Tred Avon River, Between Bellvue
                and Oxford, MD.
                 (a) Regulated area. The regulations in this section apply to the
                following area: All navigable waters of the Tred Avon River, from
                shoreline to shoreline, within an area bounded on the east by a line
                drawn from latitude 38[deg]42'25'' N, longitude 076[deg]10'45'' W,
                thence south to latitude 38[deg]41'37'' N, longitude 076[deg]10'26'' W,
                and bounded on the west by a line drawn from latitude 38[deg]41'58'' N,
                longitude 076[deg]11'04'' W, thence south to latitude 38[deg]41'25'' N,
                longitude 076[deg]10'49'' W, thence east to latitude 38[deg]41'25'' N,
                longitude 076[deg]10'30'' W, located at Oxford, 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 6:45
                a.m. to 10:15 a.m. on June 6, 2020.
                [[Page 26358]]
                 Dated: April 23, 2020.
                Joseph B. Loring,
                Captain, U.S. Coast Guard Captain of the Port Maryland-National Capital
                Region.
                [FR Doc. 2020-09082 Filed 5-1-20; 8:45 am]
                BILLING CODE 9110-04-P