Special Local Regulation; Tred Avon River, Between Bellevue and Oxford, MD
| Published date | 04 May 2020 |
| Citation | 85 FR 26355 |
| Record Number | 2020-09082 |
| Section | Rules and Regulations |
| Court | Coast Guard |
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
