Special Local Regulations for Marine Events, Tred Avon River; Between Bellevue, MD and Oxford, MD, 6506-6509 [2014-02292]

Download as PDF 6506 Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 / Proposed Rules 3. R–3008C Grand Bay Weapons Range, GA [Amended] By removing the current Boundaries, Designated altitudes and Time of designation, and adding in their place: Boundaries. Beginning at lat. 31°04′01″ N., long. 83°01′00″ W.; to lat. 31°04′01″ N., long. 83°08′00″ W.; to lat. 31°02′01″ N., long. 83°09′00″ W.; to lat. 31°01′31″ N., long. 83°06′00″ W.; to lat. 30°54′31″ N., long. 83°06′00″ W.; to lat. 30°53′31″ N., long. 83°09′00″ W.; to lat. 30°51′01″ N., long. 83°08′00″ W.; to lat. 30°51′01″ N., long. 83°01′00″ W.; to the point of beginning; excluding the airspace below 1,500 feet AGL within a one nautical mile radius of lat. 31°02′31″ N., long. 83°04′15″ W (Lakeland, GA). Designated altitudes. 500 feet AGL to 10,000 feet MSL. Time of designation. 0800–0130 local time, Monday–Thursday; 0700–2200 local time Friday; other times by NOTAM 6 hours in advance. 4. R–3008D Grand Bay Weapons Range, GA [Amended] By removing ‘‘Time of designation. 0700–2200 local time, Monday-Friday; other times by NOTAM 6 hours in advance,’’ and adding in its place ‘‘Time of designation. 0800–0130 local time, Monday–Thursday; 0700–2200 local time Friday; other times by NOTAM 6 hours in advance. Issued in Washington, DC, on January 29, 2014. Gary A. Norek, Manager, Airspace Policy and Regulations Group. [FR Doc. 2014–02330 Filed 2–3–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking Coast Guard 33 CFR Part 100 A. Public Participation and Request for Comments [Docket Number USCG–2013–1059] RIN 1625–AA08 Special Local Regulations for Marine Events, Tred Avon River; Between Bellevue, MD and Oxford, MD Coast Guard, DHS. ACTION: Notice of Proposed Rulemaking. tkelley on DSK3SPTVN1PROD with PROPOSALS AGENCY: The Coast Guard proposes to establish special local regulations during the ‘‘Oxford-Bellevue Sharkfest Swim’’, a marine event to be held on the waters of the Tred Avon River on May 10, 2014. These special local regulations SUMMARY: VerDate Mar<15>2010 18:37 Feb 03, 2014 Jkt 232001 are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Tred Avon River during the event. DATES: Comments and related material must be received by the Coast Guard on or before March 6, 2014. The Coast Guard anticipates that this proposed rule will be effective on May 10, 2014. ADDRESSES: You may submit comments identified by docket number using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; telephone 410–576–2674, email Ronald.L.Houck@ uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. 1. Submitting comments 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 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 for each suggestion or recommendation. You may submit your comments and material online at http:// www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG–2013–1059] in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. 2. Viewing comments and documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG–2013–1059) in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets E:\FR\FM\04FEP1.SGM 04FEP1 Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 / Proposed Rules in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public meeting We do not now plan to hold a public meeting. But you may submit a request for one, using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. B. Regulatory History and Information The current regulations under 33 CFR 100 address safety for reoccurring marine events. This marine event does not appear in the current regulations; however, as it is a regulation to provide effective control over regattas and marine parades on the navigable waters of the United States so as to insure safety of life in the regatta or marine parade area, this marine event therefore needs to be temporarily added. tkelley on DSK3SPTVN1PROD with PROPOSALS C. Basis and Purpose The legal basis for the rule is the Coast Guard’s authority to establish special local regulations: 33 U.S.C. 1233. The purpose of the rule is to ensure safety of life on navigable waters of the United States during the OxfordBellevue Sharkfest Swim event. D. Discussion of Proposed Rule On May 10, 2014, Enviro-Sports Productions, Inc. of Stinson Beach, California, is sponsoring the ‘‘OxfordBellevue Sharkfest Swim’’ between Bellevue, MD and Oxford, MD. The event will occur from 10 a.m. to 11 a.m. Approximately 200 amateur swimmers will compete on 1,500-meter designated course located in the Tred Avon River between Bellevue, MD and Oxford, MD. Participants will be supported by sponsor-provided watercraft. The swim course will impede the federal navigation channel. The Coast Guard proposes to establish special local regulations on specified waters of the Tred Avon River. The regulations will be enforced from 9 a.m. to 11:59 a.m. on May 10, 2014. The regulated area includes all waters of Tred Avon River, from shoreline to shoreline, within and area bounded on the east by a line drawn from latitude 38°42′25″ N, longitude 076°10′45″ W, thence south to latitude 38°41′37″ N, longitude 076°10′26″ W, and bounded on the west by a line drawn from latitude 38°41′58″ N, longitude 076°11′04″ W, thence south to latitude 38°41′25″ N, longitude 076°10′49″ W, thence east to latitude 38°41′25″ N, VerDate Mar<15>2010 18:37 Feb 03, 2014 Jkt 232001 longitude 076°10′30″ W, located at Oxford, MD. The effect of this proposed rule will be to restrict general navigation in the regulated area during the event. Vessels intending to transit the Tred Avon River through the regulated area will be allowed to safely transit the regulated area only when the Coast Guard Patrol Commander has deemed it safe to do so. The Coast Guard will temporarily restrict vessel traffic in the event area to provide for the safety of participants, spectators and other transiting vessels. The Coast Guard will provide notice of the special local regulations by Local Notice to Mariners, Broadcast Notice to Mariners, and the official patrol on scene. E. 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 or executive orders. 1. Regulatory Planning and Review This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. The economic impact of this rule is not significant for the following reasons: (1) The special local regulations will be enforced for only 3 hours; (2) the regulated area has been narrowly tailored to impose the least impact on general navigation, yet provide the level of safety deemed necessary; (3) although the regulated area applies to the entire width of the Tred Avon River, persons and vessels will be able to transit safely through a portion of the regulated area once the last participant has cleared that portion of the regulated area and when the Coast Guard Patrol Commander deems it safe to do so; and (4) the Coast Guard will provide advance notification of the special local regulations to the local maritime community by Local Notice to Mariners and Broadcast Notice to Mariners. 2. Impact on Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered the impact of this proposed rule on small entities. The Coast Guard certifies PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 6507 under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities. This rule may affect the following entities, some of which may be small entities: The owners or operators of vessels intending to enter, transit through, anchor in, or remain within that portion of the Tred Avon River encompassed within the special local regulations from 9 a.m. to 11:59 a.m. on May 10, 2014. For the reasons discussed in the Regulatory Planning and Review section above, this rule will not have a significant economic impact on a substantial number of small entities. 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. 3. Assistance for Small Entities 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, above. 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. 4. Collection of Information This proposed rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520.). 5. Federalism 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 determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the E:\FR\FM\04FEP1.SGM 04FEP1 6508 Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 / Proposed Rules 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. 7. 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. 8. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children from Environmental Health Risks We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. tkelley on DSK3SPTVN1PROD with PROPOSALS 11. Indian Tribal Governments 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. 12. Energy Effects This proposed rule is not a ‘‘significant energy action’’ under Executive Order 13211, Actions VerDate Mar<15>2010 18:37 Feb 03, 2014 Jkt 232001 Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(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 special local regulations issued in conjunction with a regatta or marine parade. This rule is categorically excluded from further review under paragraph 34(h) of Figure 2–1 of the Commandant Instruction. A preliminary environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 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 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. 2. Add a temporary section, § 100.35– T05–1059 to read as follows: ■ § 100.35–T05–1059 Special Local Regulations for Marine Events, Tred Avon River; Between Bellevue, MD and Oxford, MD. (a) Regulated area. The following location is a regulated area: All waters of the Tred Avon River, from shoreline to shoreline, within and area bounded on the east by a line drawn from latitude 38°42′25″ N, longitude 076°10′45″ W, thence south to latitude 38°41′37″ N, longitude 076°10′26″ W, and bounded PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 on the west by a line drawn from latitude 38°41′58″ N, longitude 076°11′04″ W, thence south to latitude 38°41′25″ N, longitude 076°10′49″ W, thence east to latitude 38°41′25″ N, longitude 076°10′30″ W, located at Oxford, MD. All coordinates reference Datum NAD 1983. (b) Definitions: (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the U. S. Coast Guard who has been designated by the Commander, Coast Guard Sector Baltimore. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Baltimore with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (3) Participant means all persons and vessels participating in the OxfordBellevue Sharkfest Swim event under the auspices of the Marine Event Permit issued to the event sponsor and approved by Commander, Coast Guard Sector Baltimore. (c) Special local regulations: (1) The Coast Guard Patrol Commander may forbid and control the movement of all vessels and persons 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. Failure to do so may result in expulsion from the area, citation for failure to comply, or both. (2) With the exception of participants, all persons desiring to transit the regulated area must first obtain authorization from the Captain of the Port Baltimore or his designated representative. To seek permission to transit the area, the Captain of the Port Baltimore and his designated representatives can be contacted at telephone number 410–576–2693 or on Marine Band Radio, VHF–FM channel 16 (156.8 MHz). All Coast Guard vessels enforcing this regulated area can be contacted on marine band radio VHF– FM channel 16 (156.8 MHz). (3) The Coast Guard Patrol Commander may terminate the event, or the operation of any participant in the event, at any time it is deemed necessary for the protection of life or property. (4) 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 period: This section will be enforced from 9 a.m. to 11:59 a.m. on May 10, 2014. E:\FR\FM\04FEP1.SGM 04FEP1 Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 / Proposed Rules Dated: January 23, 2014. Kevin C. Kiefer, Captain, U.S. Coast Guard, Captain of the Port Baltimore. [FR Doc. 2014–02292 Filed 2–3–14; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 190 [EPA–HQ–OAR–2013–0689; FRL–9902–20– OAR] RIN 2060–AR12 Environmental Radiation Protection Standards for Nuclear Power Operations Environmental Protection Agency (EPA). ACTION: Advance Notice of Proposed Rulemaking. AGENCY: This Advance Notice of Proposed Rulemaking (ANPR) requests public comment and information on potential approaches to updating the Environmental Protection Agency’s ‘‘Environmental Radiation Protection Standards for Nuclear Power Operations’’ (40 CFR part 190). These standards, originally issued in 1977, limit radiation releases and doses to the public from normal operation of nuclear power plants and other uranium fuel cycle facilities—that is, facilities involved in the milling, conversion, fabrication, use and reprocessing of uranium fuel for generating commercial electrical power. These standards were the earliest radiation rules developed by EPA and are based on nuclear power technology and the understanding of radiation biology current at that time. The Nuclear Regulatory Commission (NRC) is responsible for implementing and enforcing these standards. DATES: Comments must be received on or before June 4, 2014. Additional Public Input. In addition to this ANPR, the Agency anticipates providing additional opportunities for public input. Please see the Web site for more information at: www.epa.gov/ radiation/laws/190. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2013–0689, by one of the following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments. • Email: a-and-r-docket@epa.gov. • Fax: (202) 566–9744. • Mail: U.S. Postal Service, send comments to: EPA Docket Center, tkelley on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 18:37 Feb 03, 2014 Jkt 232001 Environmental Radiation Protection Standards for Nuclear Power Operations—Advance Notice of Proposed Rulemaking Docket, Docket ID No. EPA–HQ–OAR–2013–0689, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Please include a total of two copies. • Hand Delivery: In person or by courier, deliver comments to: EPA Docket Center, Environmental Radiation Protection Standards for Nuclear Power Operations—Advance Notice of Proposed Rulemaking Docket, Docket ID No. EPA–HQ–OAR–2013–0689, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please include a total of two copies. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2013– 0689. The Agency’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about the EPA’s public docket, visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 6509 some information is not publicly available, e.g., CBI or other information for which disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Docket Center is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Brian Littleton, EPA Office of Radiation and Indoor Air, (202) 343–9216, littleton.brian@epa.gov. SUPPLEMENTARY INFORMATION: Fact Sheets The Agency is making several fact sheets available to assist the public in understanding the issues related to the effort to update this rule. These fact sheets are as follows: 1. ANPR Fact Sheet 2. Radiation Regulations Fact Sheet 3. Uranium Fuel Cycle Fact Sheet These fact sheets are available on the Agency’s Web site associated with this effort at: www.epa.gov/radiation/laws/ 190. Glossary of Terms What are the important radiationrelated concepts and terms we use in this ANPR? Radiation-related terms used in this ANPR are defined below. Absorbed dose—The amount of energy absorbed by an object or person per unit mass. This reflects the amount of energy that ionizing radiation sources deposit in materials through which they pass. Advanced Boiling Water Reactor (ABWR)—New design of boiling water nuclear reactor which uses steam and high-pressure water to transfer energy to turbines. The NRC has detailed criteria for meeting this design in its design certification rule published in the Federal Register on May 12, 1997 (62 FR 25800). Advanced Passive Reactor 1000 (AP1000)—New design of pressurized water nuclear reactor with passive safety features incorporated. It uses high-pressure water to transfer energy to a second low-pressure water loop. This secondary water is converted to steam which then drives the turbines. The NRC has detailed criteria for meeting E:\FR\FM\04FEP1.SGM 04FEP1

Agencies

[Federal Register Volume 79, Number 23 (Tuesday, February 4, 2014)]
[Proposed Rules]
[Pages 6506-6509]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02292]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-1059]
RIN 1625-AA08


Special Local Regulations for Marine Events, Tred Avon River; 
Between Bellevue, MD and Oxford, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish special local 
regulations during the ``Oxford-Bellevue Sharkfest Swim'', a marine 
event to be held on the waters of the Tred Avon River on May 10, 2014. 
These special local regulations are necessary to provide for the safety 
of life on navigable waters during the event. This action is intended 
to temporarily restrict vessel traffic in a portion of the Tred Avon 
River during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 6, 2014. The Coast Guard anticipates that this 
proposed rule will be effective on May 10, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; 
telephone 410-576-2674, email Ronald.L.Houck@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2013-1059] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing comments and documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2013-1059) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets

[[Page 6507]]

in the January 17, 2008, issue of the Federal Register (73 FR 3316).

4. Public meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The current regulations under 33 CFR 100 address safety for 
reoccurring marine events. This marine event does not appear in the 
current regulations; however, as it is a regulation to provide 
effective control over regattas and marine parades on the navigable 
waters of the United States so as to insure safety of life in the 
regatta or marine parade area, this marine event therefore needs to be 
temporarily added.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233. The purpose of the 
rule is to ensure safety of life on navigable waters of the United 
States during the Oxford-Bellevue Sharkfest Swim event.

D. Discussion of Proposed Rule

    On May 10, 2014, Enviro-Sports Productions, Inc. of Stinson Beach, 
California, is sponsoring the ``Oxford-Bellevue Sharkfest Swim'' 
between Bellevue, MD and Oxford, MD. The event will occur from 10 a.m. 
to 11 a.m. Approximately 200 amateur swimmers will compete on 1,500-
meter designated course located in the Tred Avon River between 
Bellevue, MD and Oxford, MD. Participants will be supported by sponsor-
provided watercraft. The swim course will impede the federal navigation 
channel.
    The Coast Guard proposes to establish special local regulations on 
specified waters of the Tred Avon River. The regulations will be 
enforced from 9 a.m. to 11:59 a.m. on May 10, 2014. The regulated area 
includes all waters of Tred Avon River, from shoreline to shoreline, 
within and 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.
    The effect of this proposed rule will be to restrict general 
navigation in the regulated area during the event. Vessels intending to 
transit the Tred Avon River through the regulated area will be allowed 
to safely transit the regulated area only when the Coast Guard Patrol 
Commander has deemed it safe to do so. The Coast Guard will temporarily 
restrict vessel traffic in the event area to provide for the safety of 
participants, spectators and other transiting vessels. The Coast Guard 
will provide notice of the special local regulations by Local Notice to 
Mariners, Broadcast Notice to Mariners, and the official patrol on 
scene.

E. 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 or executive orders.

 1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulations will be enforced 
for only 3 hours; (2) the regulated area has been narrowly tailored to 
impose the least impact on general navigation, yet provide the level of 
safety deemed necessary; (3) although the regulated area applies to the 
entire width of the Tred Avon River, persons and vessels will be able 
to transit safely through a portion of the regulated area once the last 
participant has cleared that portion of the regulated area and when the 
Coast Guard Patrol Commander deems it safe to do so; and (4) the Coast 
Guard will provide advance notification of the special local 
regulations to the local maritime community by Local Notice to Mariners 
and Broadcast Notice to Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of the Tred 
Avon River encompassed within the special local regulations from 9 a.m. 
to 11:59 a.m. on May 10, 2014. For the reasons discussed in the 
Regulatory Planning and Review section above, this rule will not have a 
significant economic impact on a substantial number of small entities.
    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.

3. Assistance for Small Entities

    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, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    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 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the

[[Page 6508]]

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.

7. 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.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children from Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(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 special 
local regulations issued in conjunction with a regatta or marine 
parade. This rule is categorically excluded from further review under 
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A 
preliminary environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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.

0
2. Add a temporary section, Sec.  100.35-T05-1059 to read as follows:


Sec.  100.35-T05-1059  Special Local Regulations for Marine Events, 
Tred Avon River; Between Bellevue, MD and Oxford, MD.

    (a) Regulated area. The following location is a regulated area: All 
waters of the Tred Avon River, from shoreline to shoreline, within and 
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. All coordinates reference Datum NAD 1983.
    (b) Definitions: (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the U. S. Coast Guard who 
has been designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Baltimore with a commissioned, warrant, 
or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant means all persons and vessels participating in the 
Oxford-Bellevue Sharkfest Swim event under the auspices of the Marine 
Event Permit issued to the event sponsor and approved by Commander, 
Coast Guard Sector Baltimore.
    (c) Special local regulations: (1) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels and persons 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. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (2) With the exception of participants, all persons desiring to 
transit the regulated area must first obtain authorization from the 
Captain of the Port Baltimore or his designated representative. To seek 
permission to transit the area, the Captain of the Port Baltimore and 
his designated representatives can be contacted at telephone number 
410-576-2693 or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). 
All Coast Guard vessels enforcing this regulated area can be contacted 
on marine band radio VHF-FM channel 16 (156.8 MHz).
    (3) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any participant in the event, at any time it is deemed 
necessary for the protection of life or property.
    (4) 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 period: This section will be enforced from 9 a.m. 
to 11:59 a.m. on May 10, 2014.


[[Page 6509]]


    Dated: January 23, 2014.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2014-02292 Filed 2-3-14; 8:45 am]
BILLING CODE 9110-04-P