Special Local Regulation; Tred Avon River, Between Bellevue, MD and Oxford, MD, 14381-14384 [2018-06845]
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amozie on DSK30RV082PROD with PROPOSALS
Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Proposed Rules
This action would decrease the
assessment rate collected from handlers
for the 2018 and subsequent fiscal years.
Assessments are applied uniformly on
all handlers, and some of the costs may
be passed on to producers. However,
decreasing the assessment rate would
reduce the burden on handlers, and may
reduce the burden on producers.
In addition, the Committee’s meeting
was widely publicized throughout the
production area. The olive industry and
all interested persons were invited to
attend the meeting and participate in
Committee deliberations on all issues.
Like all Committee meetings, the
December 13, 2017, meeting was a
public meeting and all entities, both
large and small, were able to express
views on this issue. Finally, interested
persons are invited to submit comments
on this proposed rule, including the
regulatory and information collection
impacts of this action on small
businesses.
In accordance with the Paperwork
Reduction Act of 1995, (44 U.S.C.
Chapter 35), the Order’s information
collection requirements have been
previously approved by OMB and
assigned OMB No. 0581–0178. No
changes in those requirements as a
result of this action are necessary.
Should any changes become necessary,
they would be submitted to OMB for
approval.
This proposed rule would impose no
additional reporting or recordkeeping
requirements on either small or large
California olive handlers. As with all
Federal marketing order programs,
reports and forms are periodically
reviewed to reduce information
requirements and duplication by
industry and public sector agencies.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this action.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
rules-regulations/moa/small-businesses.
Any questions about the compliance
guide should be sent to Richard Lower
at the previously-mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
A 30-day comment period is provided
to allow interested persons to respond
to this proposed rule. All written
comments timely received will be
VerDate Sep<11>2014
17:08 Apr 03, 2018
Jkt 244001
considered before a final determination
is made on this rule.
List of Subjects in 7 CFR Part 932
Marketing agreements, Olives,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 932 is proposed to
be amended as follows:
PART 932—OLIVES GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 932 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 932.230 is revised to read
as follows:
■
§ 932.230
Assessment rate.
On and after January 1, 2018, an
assessment rate of $24.00 per ton is
established for California olives.
Dated: March 30, 2018.
Bruce Summers,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2018–06877 Filed 4–3–18; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–0088]
RIN 1625–AA08
Special Local Regulation; Tred Avon
River, Between Bellevue, MD and
Oxford, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish special local regulations for
certain waters of the Tred Avon River.
This action is necessary to provide for
the safety of life on the navigable waters
located between Bellevue, MD, and
Oxford, MD, during a swim event on
June 9, 2018. If necessary, due to
inclement weather, the event will be
rescheduled to June 10, 2018. This
proposed 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 May 4, 2018.
SUMMARY:
PO 00000
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14381
You may submit comments
identified by docket number USCG–
2018–0088 using the Federal
eRulemaking Portal at https://
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. Ronald
Houck, U.S. Coast Guard Sector
Maryland-National Capital Region;
telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On June 13, 2017, Charcot-MarieTooth Association of Trappe, MD,
notified the Coast Guard that it will be
conducting the swim portion of the
Oxford Biathlon from 9:15 a.m. until
10:15 a.m. on June 9, 2018, and if
necessary, due to inclement weather,
from 9:15 a.m. until 10:15 a.m. on June
10, 2018. The swim consists of
approximately 30 participants
competing on a designated 1300-meter
course that starts at the ferry dock at
Bellevue, MD and finishes at the Tred
Avon Yacht Club at Oxford, 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 public and private
marinas and public boat facilities. The
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 Tred Avon River between Bellevue,
MD, and Oxford, MD.
The purpose of this rulemaking is to
protect event participants, spectators
and transiting vessels on specified
waters of the Tred Avon River before,
during, and after the scheduled event.
The Coast Guard proposes this
rulemaking under authority in 33 U.S.C.
1233, which authorize the Coast Guard
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Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Proposed Rules
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 8:30 a.m. until 11
a.m. on June 9, 2018, and if necessary,
due to inclement weather, from 8:30
a.m. until 11 a.m. on June 10, 2018. The
regulated area would include 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°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, longitude 076°10′30″ W,
located at Oxford, MD. The duration of
the regulated area is intended to ensure
the safety of event participants and
vessels within the specified navigable
waters before, during, and after the
scheduled 9:15 a.m. to 10:15 a.m. swim.
Except for Oxford Biathlon participants,
no vessel or person would be permitted
to enter the regulated area without
obtaining permission from the COTP
Maryland-National Capital Region or the
Coast Guard Patrol Commander. The
regulatory text we are proposing appears
at the end of this document.
amozie on DSK30RV082PROD with PROPOSALS
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 the size and duration of the
regulated area, which would impact a
small designated area of the Tred Avon
VerDate Sep<11>2014
17:08 Apr 03, 2018
Jkt 244001
River for 21⁄2 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 vessel
operators to request permission to enter
the regulated area for the purpose of
safely transiting the regulated area if
deemed safe to do so by the Coast Guard
Patrol Commander.
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 regulated
area 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).
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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 Management Directive 023–01
and Commandant Instruction
M16475.lD, 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
E:\FR\FM\04APP1.SGM
04APP1
Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Proposed Rules
of waterway users and shore side
activities in the event area lasting for
21⁄2 hours. The category of water
activities includes but is not limited to
sail boat regattas, boat parades, power
boat racing, swimming events, crew
racing, canoe and sail board racing.
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. A preliminary Record
of Environmental Consideration
supporting this determination is
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.
G. Protest Activities
amozie on DSK30RV082PROD with PROPOSALS
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 https://
www.regulations.gov. If your material
cannot be submitted using https://
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 https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
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 https://www.regulations.gov
and can be viewed by following that
17:08 Apr 03, 2018
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 § 100.501T05–0088 to read as
follows:
■
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.
VerDate Sep<11>2014
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.
Jkt 244001
§ 100.501T05–0088 Special Local
Regulation, Tred Avon River, between
Bellevue, MD and Oxford, MD.
(a) Definitions. As used in this
section:
(1) 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.
(2) Coast Guard Patrol Commander
means a commissioned, warrant, or
petty officer of the U.S. Coast Guard
who has been designated as such by the
Commander, Coast Guard Sector
Maryland-National Capital Region.
(3) 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.
(4) Participant means all persons and
vessels participating in the Oxford
Biathlon event under the auspices of the
Marine Event Permit issued to the event
sponsor and approved by Commander,
Coast Guard Sector Maryland-National
Capital Region.
(b) Location. The following location is
a regulated 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°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,
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14383
thence east to latitude 38°41′25″ N,
longitude 076°10′30″ W, located at
Oxford, MD. All coordinates reference
Datum NAD 1983.
(c) Special local regulations: (1) The
COTP or Coast Guard Patrol
Commander 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.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both. The Coast Guard Patrol
Commander may terminate the event, or
the operation of any support vessel
participating in the event, at any time it
is deemed necessary for the protection
of life or property.
(2) Except for participants and vessels
already at berth, all persons and vessels
within the regulated area at the time it
is implemented shall depart the
regulated area.
(3) Persons and vessels desiring to
transit, moor, or anchor within the
regulated area must obtain authorization
from the COTP Maryland-National
Capital Region or Coast Guard Patrol
Commander. Prior to the enforcement
period, vessel operators may request
permission to transit, moor, or anchor
within the regulated area from the COTP
Maryland-National Capital Region at
telephone number 410–576–2693 or on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz). During the enforcement
period, persons or vessel operators may
request permission to transit, moor, or
anchor within the regulated area from
the Coast Guard Patrol Commander on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz). The Coast Guard Patrol
Commander 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).
(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.
(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 8:30 a.m. until 11
a.m. on June 9, 2018, and if necessary,
due to inclement weather, from 8:30
a.m. until 11 a.m. on June 10, 2018.
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Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Proposed Rules
U.S.C.
Dated: March 29, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2018–06845 Filed 4–3–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0157]
RIN 1625–AA00
Safety Zone for Fireworks Display;
Severn River, Sherwood Forest, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone for
certain waters of the Severn River. This
action is necessary to provide for the
safety of life on the navigable waters of
the Severn River at Sherwood Forest,
MD, during a fireworks display on July
3, 2018 (with alternate date of July 6,
2018). This action would prohibit
persons and vessels from entering the
safety zone unless authorized by the
Captain of the Port Maryland-National
Capital Region or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 4, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0157 using the Federal
eRulemaking Portal at https://
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, Sector Maryland-National
Capital Region Waterways Management
Division, U.S. Coast Guard; telephone
410–576–2674, email Ronald.L.Houck@
uscg.mil.
SUPPLEMENTARY INFORMATION:
amozie on DSK30RV082PROD with PROPOSALS
SUMMARY:
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
§ Section
VerDate Sep<11>2014
17:08 Apr 03, 2018
Jkt 244001
United States Code
II. Background, Purpose, and Legal
Basis
On January 16, 2018, the Sherwood
Forest Club, Inc. of Sherwood Forest,
MD notified the Coast Guard that it will
be conducting a fireworks display from
9:20 p.m. to 9:50 p.m. on July 3, 2018,
to commemorate the July 4th Holiday.
Details of the proposed event were
provided to the Coast Guard on
February 15, 2018. The private
fireworks display is to be launched from
the end of the Sherwood Forest Club
main pier, located adjacent to the
Severn River, approximately 200 yards
east of Brewer Pond in Sherwood
Forest, MD. In the event of inclement
weather, the fireworks display will be
scheduled for July 6, 2018. Hazards
from fireworks displays include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris. The COTP
Maryland-National Capital Region has
determined that potential hazards
associated with the fireworks to be used
in this display would be a safety
concern for anyone within 150 yards of
the fireworks discharge site.
The purpose of this rulemaking is to
ensure the safety of persons and vessels
on the navigable waters of the Severn
River within 150 yards of the fireworks
discharge site before, during, and after
the scheduled event. The Coast Guard
proposes this rulemaking under
authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a
safety zone from 8:30 p.m. to 10:30 p.m.
on July 3, 2018, and if necessary due to
inclement weather, from 8:30 p.m. to
10:30 p.m. on July 6, 2018. The safety
zone would cover all navigable waters
of the Severn River, within 150 yards of
a fireworks discharge site located at the
end of Sherwood Forest Club main pier
in approximate position latitude
39°01′54.0″ N, longitude 076°32′41.8″
W, Sherwood Forest, MD. The duration
of the zone is intended to ensure the
safety of persons and vessels on the
specified navigable waters before,
during, and after the scheduled 9:20
p.m. fireworks display. No vessel or
person would be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative. 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.
PO 00000
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Fmt 4702
Sfmt 4702
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 the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone, which
would impact a small designated area of
the Severn River for 2 hours during the
evening when vessel traffic is normally
low. The Coast Guard will issue a
Broadcast Notice to Mariners via VHF–
FM marine band channel 16 to provide
information about the safety zone.
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.
E:\FR\FM\04APP1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Proposed Rules]
[Pages 14381-14384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06845]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0088]
RIN 1625-AA08
Special Local Regulation; Tred Avon River, Between Bellevue, MD
and Oxford, 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 Tred Avon River. This action is
necessary to provide for the safety of life on the navigable waters
located between Bellevue, MD, and Oxford, MD, during a swim event on
June 9, 2018. If necessary, due to inclement weather, the event will be
rescheduled to June 10, 2018. This proposed 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 May 4, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0088 using the Federal eRulemaking Portal at https://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. Ronald 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
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On June 13, 2017, Charcot-Marie-Tooth Association of Trappe, MD,
notified the Coast Guard that it will be conducting the swim portion of
the Oxford Biathlon from 9:15 a.m. until 10:15 a.m. on June 9, 2018,
and if necessary, due to inclement weather, from 9:15 a.m. until 10:15
a.m. on June 10, 2018. The swim consists of approximately 30
participants competing on a designated 1300-meter course that starts at
the ferry dock at Bellevue, MD and finishes at the Tred Avon Yacht Club
at Oxford, 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 public and private marinas and
public boat facilities. The 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 Tred Avon River
between Bellevue, MD, and Oxford, MD.
The purpose of this rulemaking is to protect event participants,
spectators and transiting vessels on specified waters of the Tred Avon
River before, during, and after the scheduled event. The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 1233, which
authorize the Coast Guard
[[Page 14382]]
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 8:30 a.m. until 11 a.m. on June 9, 2018,
and if necessary, due to inclement weather, from 8:30 a.m. until 11
a.m. on June 10, 2018. The regulated area would include 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. The duration of the regulated area is intended to ensure
the safety of event participants and vessels within the specified
navigable waters before, during, and after the scheduled 9:15 a.m. to
10:15 a.m. swim. Except for Oxford Biathlon participants, no vessel or
person would be permitted to enter the regulated area without obtaining
permission from the COTP Maryland-National Capital Region or the Coast
Guard Patrol Commander. 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 the size and
duration of the regulated area, which would impact a small designated
area of the Tred Avon River for 2\1/2\ 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 vessel
operators to request permission to enter the regulated area for the
purpose of safely transiting the regulated area if deemed safe to do so
by the Coast Guard Patrol Commander.
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
regulated area 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 Management Directive 023-01 and Commandant Instruction
M16475.lD, 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
[[Page 14383]]
of waterway users and shore side activities in the event area lasting
for 2\1/2\ hours. The category of water activities includes but is not
limited to sail boat regattas, boat parades, power boat racing,
swimming events, crew racing, canoe and sail board racing. 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. A preliminary Record of Environmental Consideration
supporting this determination is 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.
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 https://www.regulations.gov. If your material cannot be
submitted using https://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 https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://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 https://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.
0
2. Add Sec. 100.501T05-0088 to read as follows:
Sec. 100.501T05-0088 Special Local Regulation, Tred Avon River,
between Bellevue, MD and Oxford, MD.
(a) Definitions. As used in this section:
(1) 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.
(2) Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the U.S. Coast Guard who has been designated as such
by the Commander, Coast Guard Sector Maryland-National Capital Region.
(3) 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.
(4) Participant means all persons and vessels participating in the
Oxford Biathlon event under the auspices of the Marine Event Permit
issued to the event sponsor and approved by Commander, Coast Guard
Sector Maryland-National Capital Region.
(b) Location. The following location is a regulated 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. All coordinates reference
Datum NAD 1983.
(c) Special local regulations: (1) The COTP or Coast Guard Patrol
Commander 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.
Failure to do so may result in expulsion from the area, citation for
failure to comply, or both. The Coast Guard Patrol Commander may
terminate the event, or the operation of any support vessel
participating in the event, at any time it is deemed necessary for the
protection of life or property.
(2) Except for participants and vessels already at berth, all
persons and vessels within the regulated area at the time it is
implemented shall depart the regulated area.
(3) Persons and vessels desiring to transit, moor, or anchor within
the regulated area must obtain authorization from the COTP Maryland-
National Capital Region or Coast Guard Patrol Commander. Prior to the
enforcement period, vessel operators may request permission to transit,
moor, or anchor within the regulated area from the COTP Maryland-
National Capital Region at telephone number 410-576-2693 or on Marine
Band Radio, VHF-FM channel 16 (156.8 MHz). During the enforcement
period, persons or vessel operators may request permission to transit,
moor, or anchor within the regulated area from the Coast Guard Patrol
Commander on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). The
Coast Guard Patrol Commander 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).
(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.
(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 8:30
a.m. until 11 a.m. on June 9, 2018, and if necessary, due to inclement
weather, from 8:30 a.m. until 11 a.m. on June 10, 2018.
[[Page 14384]]
Dated: March 29, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2018-06845 Filed 4-3-18; 8:45 am]
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