Special Local Regulation; Tred Avon River, Between Bellevue, MD and Oxford, MD, 26361-26364 [2018-12281]
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Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations
PART 8—NONDISCRIMINATION
BASED ON HANDICAP IN FEDERALLY
ASSISTED PROGRAMS AND
ACTIVITIES OF THE DEPARTMENT OF
HOUSING AND URBAN
DEVELOPMENT
3. The authority citation for part 8
continues to read as follows:
■
§ 40.4
[Amended]
13. Amend § 40.4 by removing ‘‘the
specifications contained in appendix A
to this part,’’.
■
Dated: May 30, 2018.
J. Paul Compton, Jr.,
General Counsel.
[FR Doc. 2018–12274 Filed 6–6–18; 8:45 am]
Authority: 29 U.S.C. 794; 42 U.S.C. 3535(d)
and 5309.
BILLING CODE 4210–67–P
§ 8.1
DEPARTMENT OF DEFENSE
[Amended]
[Amended]
Department of the Air Force
List of Subjects in 32 CFR Part 806
Freedom of information.
32 CFR Part 806
PART 806—[REMOVED]
■
5. Amend § 8.2 by removing the last
sentence of the section.
RIN 0701–AA76
§ 8.4
Air Force Freedom of Information Act
Program
■
[Amended]
6. In § 8.4, amend paragraph (c)(2) by
removing the parenthetical ‘‘(see
appendix B)’’.
■
PART 16—IMPLEMENTATION OF THE
PRIVACY ACT OF 1974
7. The authority citation for part 16
continues to read as follows:
■
Authority: 5 U.S.C. 552(a); 42 U.S.C.
3535(d).
§ 16.2
[Amended]
8. In § 16.2, amend paragraph (b)(2) by
removing the phrase ‘‘, identified in
Appendix A to this part,’’.
■
§ 16.3
[Amended]
9. In § 16.3, amend paragraph (a) by
removing the phrase ‘‘first address listed
in Appendix A to this part’’ and adding
in its place ‘‘following address: Privacy
Act Officer, Department of Housing and
Urban Development, 451 7th St. SW,
Room 10139, Washington, DC 20410’’.
■
§ 16.4
[Amended]
10. In § 16.4, amend paragraph (a) by
removing the phrase ‘‘identified in
Appendix A to this part’’.
■
PART 40—ACCESSIBILITY
STANDARDS FOR DESIGN,
CONSTRUCTION, AND ALTERATION
OF PUBLICLY OWNED RESIDENTIAL
STRUCTURES
11. The authority citation for part 40
continues to read as follows:
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■
Authority: 42 U.S.C. 3535(d), 4153.
§ 40.2
[Amended]
12. In § 40.2, amend paragraph (b)(3)
by removing ‘‘contained in appendix A
to this part’’.
■
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15:41 Jun 06, 2018
DoD-level FOIA rule at 32 CFR part 286,
the Department is eliminating the need
for this separate FOIA rule and reducing
costs to the public as explained in the
preamble of the DoD-level FOIA rule
published at 83 FR 5196–5197.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review,’’
therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
[Docket ID: USAF–2017–HQ–0001]
4. In § 8.1, amend paragraph (b) by
removing the reference ‘‘subparts D and
E’’ and adding in its place ‘‘subpart D’’.
■
§ 8.2
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AGENCY:
Department of the Air Force,
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 806 is removed.
Bao-Anh Trinh,
Air Force Federal Register Liaison Officer.
[FR Doc. 2018–12237 Filed 6–6–18; 8:45 am]
BILLING CODE 5001–10–P
DoD.
ACTION:
Final rule.
This final rule removes the
Department of the Air Force’s regulation
concerning the Freedom of Information
Act program. On February 6, 2018, the
DoD published a revised FOIA program
rule as a result of the FOIA
Improvement Act of 2016. When the
DoD FOIA program rule was revised, it
included DoD component information
and removed the requirement for
component supplementary rules. The
DoD now has one DoD-level rule for the
FOIA program at 32 CFR part 286 that
contains all the codified information
required for the Department. Therefore,
this part can be removed from the CFR.
DATES: This rule is effective on June 7,
2018.
FOR FURTHER INFORMATION CONTACT: BaoAnh Trinh at 703–614–8500.
SUPPLEMENTARY INFORMATION: It has been
determined that publication of this CFR
part removal for public comment is
impracticable, unnecessary, and
contrary to public interest since it is
based on removing the Air Force’s
internal policies and procedures that are
publically available on the Air Force’s
website.
The Department of the Air Force’s
internal guidance concerning the
implementation of the FOIA within the
Department of the Air Force will
continue to be published in Air Force
Manual 33–302 (available at https://
static.e-publishing.af.mil/production/1/
saf_cio_a6/publication/dodm5400.07_
afman33-302/dodm5400.07_afman33302.pdf).
This rule is one of 14 separate DoD
FOIA rules. With the finalization of the
SUMMARY:
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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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing special local regulations for
certain waters of the Tred Avon River.
This action is necessary to provide for
the safety of life on these navigable
waters located between Bellevue, MD,
and Oxford, MD, during a swim event
on June 9, 2018. If necessary, due to
inclement weather, the event will be
rescheduled to June 10, 2018. This
action will prohibit persons and vessels
from being in the regulated area unless
authorized by the Captain of the Port
Maryland—National Capital Region or
Coast Guard Patrol Commander.
DATES: This rule is effective from 8:30
a.m. on June 9, 2018 through 11 a.m. on
June 10, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0088 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
SUMMARY:
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If
you have questions on this rule, 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:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
On June 13, 2017, Charcot-MarieTooth Association of Trappe, MD,
notified the Coast Guard that 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, it will be conducting
the swim portion of the Oxford Biathlon
in the Tred Avon River that starts at
Bellevue, MD and finishes at Oxford,
MD. In response, on April 4, 2018, the
Coast Guard published a notice of
proposed rulemaking (NPRM) entitled
‘‘Special Local Regulation; Tred Avon
River, between Bellevue, MD and
Oxford, MD’’ (83 FR 14381). There we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action related to this
fireworks display. During the comment
period that ended May 4, 2018, we
received one comment.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Due to the date of the event,
it would be impracticable and contrary
to the public interest to make the
regulation effective 30 days after
publication in the Federal Register. The
regulation must be in place by June 9th
in order to protect the public from the
hazards associated with this swim
event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233,
which authorizes the Coast Guard to
establish and define special local
regulations. The Captain of the Port
(COTP) Maryland—National Capital
Region has determined that potential
hazards associated with the swim would
be a safety concern for anyone intending
to operate within certain 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
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vessels on specified waters of the Tred
Avon River before, during, and after the
scheduled event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
comment on our NPRM published April
4, 2018. The comment addressed issues
not related to this rulemaking.
Therefore, there are no substantive
changes in the regulatory text of this
rule from the proposed rule in the
NPRM.
This rule establishes a special local
regulation to 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. The regulated area covers 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 enforcement
and 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 9:15 a.m. to 10:15
a.m. swim. Except for Oxford Biathlon
participants, no vessel or person will be
permitted to enter the regulated area
without obtaining permission from the
COTP Maryland—National Capital
Region or Coast Guard Patrol
Commander.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
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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 21⁄2 hours. The Coast Guard
will issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the status of the regulated area.
Moreover, the rule will allow vessels to
request permission to enter the
regulated area, and vessel traffic will be
able to safely transit the regulated area
once the Coast Guard Patrol Commander
deems it safe to do so.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the regulated
area may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
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small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
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implementation of regulations within 33
CFR part 100 applicable to organized
marine events on the navigable waters
of the United States that could
negatively impact the safety of
waterway users and shore side activities
in the event area lasting 21⁄2 hours. It is
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
Memorandum For Record for
Categorically Excluded Actions
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233; 33 CFR 1.05–1.
2. Add § 100.501T05–0088 to read as
follows:
■
§ 100.501T05–0088 Special Local
Regulation; Tred Avon River, between
Bellevue, MD and Oxford, MD.
(a) Definitions—(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 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.
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26363
(4) Participant means all persons and
vessels registered with the event
sponsor as participating in the Oxford
Biathlon event or otherwise designated
by event sponsor as having a function
tied to the event.
(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,
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 activated are to 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. 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 the marine
event patrol and enforcement of the
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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.
Dated: June 4, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland—National Capital Region.
[FR Doc. 2018–12281 Filed 6–6–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0300]
Drawbridge Operation Regulation;
Willamette River at Portland, OR
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Burnside
Bridge across the Willamette River, mile
12.4, at Portland, OR. The deviation is
necessary to accommodate bridge
repairs and upgrades. This deviation
allows the double bascule bridge to
operate one side only in single leaf
mode.
DATES: This deviation is effective from
7 a.m. on July 1, 2018 to 4 p.m. on
October 13, 2018.
ADDRESSES: The docket for this
deviation, USCG–2018–0300 is available
at https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on Open
Docket Folder on the line associated
with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION:
Multnomah County, Oregon owns the
Burnside Bridge, crossing the
Willamette River, mile 12.4, at Portland,
OR, and has requested a temporary
deviation from the operating schedule.
The requested deviation is to
accommodate bridge repairs and
upgrades. To facilitate this maintenance,
the draw of the subject bridge will be
authorized to operate in single leaf and
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SUMMARY:
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open the east leaf of the span only. The
bridge is also authorized to maintain the
west leaf in the closed-to-navigation
position to marine traffic, and reduce
the vertical clearance up to ten feet.
This deviation period is from 7 a.m. on
July 1, 2018 to 4 p.m. on October 13,
2018.
The Burnside Bridge provides a
vertical clearance of 41 feet in the
closed-to-navigation position referenced
to Columbia River Datum 0.0, and the
west leaf will be reduced to 31 feet with
scaffolding installed. The horizontal
clearance for an east leaf opening will
be 100 feet. The normal operating
schedule is in 33 CFR 117.897.
Waterway usage on this part of the
Willamette River includes vessels
ranging from commercial tug and barge
to small pleasure craft. The Coast Guard
contacted all known users of the
Willamette River for comment, and we
received no objections for this
deviation.
Vessels able to pass through the
bridge in the closed-to-navigation
position may do so at any time. The
bridge will be able to open the east side
of the span only for emergencies, and
there is no immediate alternate route for
vessels to pass. The Coast Guard will
inform the users of the waterway,
through our Local and Broadcast
Notices to Mariners, of the change in
operating schedule for the bridges so
that vessels can arrange their transits to
minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedules immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: May 23, 2018.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2018–12282 Filed 6–6–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0440]
Drawbridge Operation Regulation;
Hutchinson River, New York, NY
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
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The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Hutchinson
River Parkway Bridge across the
Hutchinson River, mile 0.9 at New York,
New York. This deviation is necessary
to allow the bridge to remain in the
closed-to-navigation position to
facilitate structural repairs.
DATES: This deviation is effective from
12:01 a.m. on July 16, 2018 to 11:59
p.m. on September 16, 2018.
ADDRESSES: The docket for this
deviation, USCG–2018–0440 is available
at https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH’’. Click on Open
Docket Folder on the line associated
with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Judy Leung-Yee,
Bridge Management Specialist, First
District Bridge Branch, U.S. Coast
Guard; telephone 212–514–4336, email
Judy.K.Leung-Yee@uscg.mil.
SUPPLEMENTARY INFORMATION: The New
York City Department of Transportation,
the bridge owner, requested a temporary
deviation from the normal operating
schedule to facilitate structural repairs.
The Hutchinson River Parkway Bridge,
across the Hutchinson River, mile 0.9 at
New York, New York has a vertical
clearance of 30 feet at mean high water
and 38 feet at mean low water in the
closed position. The existing
drawbridge operating regulations are
listed at 33 CFR 117.793(b).
Under this temporary deviation, from
12:01 a.m. on July 16, 2018 to 11:59
p.m. on September 16, 2018 the draw of
the Hutchinson River Parkway Bridge
will be closed to navigation for a period
not to exceed 14 days; the draw will
then open for vessels in accordance
with established operating regulations
for a period not to exceed another 7
days, after which the cycle will repeat.
The waterway is transited by
commercial and recreational traffic. The
bridge owner notified known
commercial vessel operators that transit
the waterway and there were no
objections to this temporary deviation.
Vessels able to pass under the bridge in
the closed position may do so at any
time. The bridge will not be able to open
for emergencies and there is no
immediate alternate route for vessels to
pass.
The Coast Guard will also inform the
users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transits to minimize any
SUMMARY:
E:\FR\FM\07JNR1.SGM
07JNR1
]]>Agencies
[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Rules and Regulations]
[Pages 26361-26364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12281]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing special local regulations for
certain waters of the Tred Avon River. This action is necessary to
provide for the safety of life on these navigable waters located
between Bellevue, MD, and Oxford, MD, during a swim event on June 9,
2018. If necessary, due to inclement weather, the event will be
rescheduled to June 10, 2018. This action will prohibit persons and
vessels from being in the regulated area unless authorized by the
Captain of the Port Maryland--National Capital Region or Coast Guard
Patrol Commander.
DATES: This rule is effective from 8:30 a.m. on June 9, 2018 through 11
a.m. on June 10, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0088 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
[[Page 26362]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On June 13, 2017, Charcot-Marie-Tooth Association of Trappe, MD,
notified the Coast Guard that 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, it will be conducting the swim
portion of the Oxford Biathlon in the Tred Avon River that starts at
Bellevue, MD and finishes at Oxford, MD. In response, on April 4, 2018,
the Coast Guard published a notice of proposed rulemaking (NPRM)
entitled ``Special Local Regulation; Tred Avon River, between Bellevue,
MD and Oxford, MD'' (83 FR 14381). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this fireworks display. During the comment period that ended May 4,
2018, we received one comment.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the date of the event, it
would be impracticable and contrary to the public interest to make the
regulation effective 30 days after publication in the Federal Register.
The regulation must be in place by June 9th in order to protect the
public from the hazards associated with this swim event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233, which authorizes the Coast Guard to establish and define special
local regulations. The Captain of the Port (COTP) Maryland--National
Capital Region has determined that potential hazards associated with
the swim would be a safety concern for anyone intending to operate
within certain 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published April
4, 2018. The comment addressed issues not related to this rulemaking.
Therefore, there are no substantive changes in the regulatory text of
this rule from the proposed rule in the NPRM.
This rule establishes a special local regulation to 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. The
regulated area covers 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 enforcement and
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 9:15 a.m. to 10:15 a.m. swim. Except for
Oxford Biathlon participants, no vessel or person will be permitted to
enter the regulated area without obtaining permission from the COTP
Maryland--National Capital Region or Coast Guard Patrol Commander.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size 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 will
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the status of the regulated area. Moreover, the rule will allow vessels
to request permission to enter the regulated area, and vessel traffic
will be able to safely transit the regulated area once the Coast Guard
Patrol Commander deems it safe to do so.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against
[[Page 26363]]
small entities that question or complain about this rule or any policy
or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, which guides the Coast Guard in complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and
have determined that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. This rule involves implementation of regulations
within 33 CFR part 100 applicable to organized marine events on the
navigable waters of the United States that could negatively impact the
safety of waterway users and shore side activities in the event area
lasting 2\1/2\ hours. It is 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 Memorandum For Record for Categorically
Excluded Actions supporting this determination is available in the
docket where indicated under ADDRESSES.
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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.
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--(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 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 registered with the
event sponsor as participating in the Oxford Biathlon event or
otherwise designated by event sponsor as having a function tied to the
event.
(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
activated are to 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. 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 the
marine event patrol and enforcement of the
[[Page 26364]]
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.
Dated: June 4, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland--National
Capital Region.
[FR Doc. 2018-12281 Filed 6-6-18; 8:45 am]
BILLING CODE 9110-04-P
