Special Local Regulation; Choptank River, Talbot and Dorchester Counties, MD, 41029-41032 [2018-17762]
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Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Proposed Rules
A major rule is one that would have an
annual effect on the economy of $100
million or more or have certain other
impacts. This proposed rule is not a
major rule under the Congressional
Review Act.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (RFA), (Title 5, U.S.C.,
Sec. 601)
The Regulatory Flexibility Act
requires that each Federal agency
analyze options for regulatory relief of
small businesses if a rule has a
significant impact on a substantial
number of small entities. For purposes
of the RFA, small entities include small
businesses, nonprofit organizations, and
small governmental jurisdictions. This
proposed rule is not an economically
significant regulatory action, and it will
not have a significant impact on a
substantial number of small entities.
Therefore, this rule is not subject to the
requirements of the RFA.
Public Law 104–4, Sec. 202, ‘‘Unfunded
Mandates Reform Act’’
Section 202 of the Unfunded
Mandates Reform Act of 1995 also
requires that agencies assess anticipated
costs and benefits before issuing any
rule whose mandates require spending
in any one year of $100 million in 1995
dollars, updated annually for inflation.
That threshold level is currently
approximately $140 million. This final
rule will not mandate any requirements
for state, local, or tribal governments or
the private sector.
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Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (Title 44, U.S.C.,
Chapter 35)
This rule will not impose significant
additional information collection
requirements on the public under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3502–3511). Existing information
collection requirements of the TRICARE
and Medicare programs will be utilized.
TRICARE ECHO respite care providers
will be coding and filing claims in the
same manner as they currently are with
TRICARE.
Executive Order 13132, ‘‘Federalism’’
This rule has been examined for its
impact under E.O. 13132, and it does
not contain policies that have
federalism implications that would have
substantial direct effects on the States,
on the relationship between the national
Government and the States, or on the
distribution of powers and
responsibilities among the various
levels of Government. Therefore,
consultation with State and local
officials is not required.
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List of Subjects in 32 CFR Part 199
Claims, Dental health, Health care,
Health insurance, Individuals with
disabilities, Military personnel.
Accordingly, 32 CFR part 199 is
proposed to be amended as follows:
PART 199—CIVILIAN HEALTH AND
MEDICAL PROGRAM OF THE
UNIFORMED SERVICES (CHAMPUS)
1. The authority citation for part 199
continues to read as follows:
■
Authority: 5 U.S.C. 301; 10 U.S.C. chapter
55.
2. Revise § 199.5(c)(7) introductory
text to read as follows:
■
§ 199.5 TRICARE Extended Care Health
Option (ECHO).
*
*
*
*
*
(c) * * *
(7) Respite care. TRICARE
beneficiaries enrolled in ECHO are
eligible for a maximum of 16 hours of
respite care per month. Respite care in
defined is § 199.2. Respite care services
will be provided by a TRICAREauthorized home health agency and will
be designed to provide health care
services for the covered beneficiary, and
not baby-sitting or child-care services
for other members of the family. The
benefit will not be cumulative, that is,
any respite hours not used in one month
will not be carried over or banked for
use on another occasion.
*
*
*
*
*
Dated: August 9, 2018.
Shelly E. Finke,
Alternate OSD Federal Register, Liaison
Officer, Department of Defense.
[FR Doc. 2018–17463 Filed 8–16–18; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–0577]
RIN 1625–AA08
Special Local Regulation; Choptank
River, Talbot and Dorchester Counties,
MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish special local regulations for
certain navigable waters of the
Choptank River. This action is necessary
to provide for the safety of life on these
SUMMARY:
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41029
waters near Oxford, MD, from October
7, 2018, through October 15, 2018,
during a sailboat regatta. This proposed
rule would prohibit persons and vessels
from being in 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 September 17, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0577 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:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On February 13, 2018, the Tred Avon
Yacht Club of Oxford, MD, notified the
Coast Guard through submission of a
marine event application that it is
planning to conduct a sailboat regatta
from October 5, 2018, through October
15, 2018, the 2018 Star World
Championship. Race activities on
navigable waters are planned each
afternoon of the regatta beginning on
October 7th. The regatta consists of
approximately 100 2-person, 23-foot
long International Star Class sailboats.
These vessels will operate along a
designated and marked 2.5 nautical mile
long course. The course is located on
the Choptank River, in Talbot and
Dorchester Counties, near Oxford, MD.
Hazards from the sailboat regatta
include participants operating within
and adjacent to a designated navigation
channel and interfering with vessels
intending to operate within that
channel, as well as injury to persons
and damage to property that involve
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vessel mishaps during sailboat regattas
conducted on navigable waters. The
Captain of the Port Maryland-National
Capital Region (COTP) has determined
that potential hazards associated with
the sailboat regatta would be a safety
concern for anyone intending to operate
in or near the race area.
The purpose of this rulemaking is to
protect event participants, spectators,
and transiting vessels on waters in and
near the race area before, during, and
after the scheduled event. The Coast
Guard proposes this rulemaking under
authority in 33 U.S.C. 1233, which
authorizes the Coast Guard to establish
special local regulations to promote the
safety of life on navigable waters during
regattas or marine parades.
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III. Discussion of Proposed Rule
The COTP Maryland-National Capital
Region is proposing to establish special
local regulations that would be enforced
from 11:30 a.m. until 5:30 p.m., each
day, from October 7, 2018, through
October 15, 2018. The proposed
regulated area is rectangular in shape,
measuring approximately six nautical
miles in length by four nautical miles in
width. The area would cover all
navigable waters of the Choptank River,
within an area bounded by the
following coordinates: commencing at
latitude 38°41′39.02″ N, longitude
076°11′19.18″ W, thence south to
latitude 38°37′28.68″ N, longitude
076°11′19.18″ W, thence west to latitude
38°37′28.68″ N, longitude 076°18′18.35″
W, thence north to latitude
38°41′39027″ N, longitude 076°18′18.35″
W, thence east to point of origin, located
near Oxford, MD.
This proposed rule provides
additional information about an area
within the regulated area, the ‘‘Race
Area’’, and its definition.
The proposed duration of the special
local regulations and size of the
regulated area are intended to ensure
the safety of life on these navigable
waters before, during, and after races,
scheduled from noon until 5 p.m. on
October 7, 8, 9, 10, 11, 12, 13, 14, and
15, 2018. The COTP and PATCOM
would have authority to forbid and
control the movement of 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 would be
required to immediately comply with
directions given by the COTP or
PATCOM. If a person or vessel fails to
follow such directions, the Coast Guard
may expel them from the area, issue
them a citation for failure to comply, or
both.
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Except for 2018 Star World
Championship participants, a vessel or
person would be required to get
permission from the COTP or PATCOM
before entering the regulated area.
Vessel operators can request permission
to enter and transit through the
regulated area by contacting the
PATCOM on VHF–FM channel 16.
Vessel traffic would be able to safely
transit the regulated area once the
PATCOM deems it safe to do so. A
person or vessel not registered with the
event sponsor as a participant or
assigned as official patrols would be
considered a spectator. Official Patrols
are any vessel assigned or approved by
the Commander, Coast Guard Sector
Maryland-National Capital Region with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
If permission is granted permission by
the COTP or PATCOM, a person or
vessel would be allowed to enter the
regulated area or pass directly through
the regulated area as instructed. Vessels
would be required to operate at a safe
speed that minimizes wake while
within the regulated area. Official patrol
vessels will direct spectator vessels
while within the regulated area. Vessels
would be prohibited from loitering
within the navigable channel.
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, duration and
location of the regulated area. Vessel
traffic would be able to safely transit
around this regulated area, which would
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impact a small designated area of the
Choptank River for 54 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 vessels
to seek permission to enter the regulated
area, and vessel traffic would be able to
safely transit the regulated area once the
PATCOM deems it safe to do so.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard 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.
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F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01 and
Commandant Instruction M16475.1D,
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.
The temporary regulated area that
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would be enforced daily during a nineday period during the sailboat regatta..
Normally such actions are categorically
excluded from further review under
paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 01. A preliminary
Memorandum For Record for
Categorically Excluded Actions
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.
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41031
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; 33 CFR 1.05–
1.
2. Add § 100.501T05–0577 to read as
follows:
■
§ 100.501T05–0577 Special Local
Regulation; Choptank River, Talbot and
Dorchester Counties, MD.
(a) Definitions. As used in this
section:
Captain of the Port (COTP) MarylandNational 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 the COTP’s
behalf.
Coast Guard Patrol Commander
(PATCOM) means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Maryland-National Capital Region.
Official Patrol means a vessel
assigned or approved by the
Commander, Coast Guard Sector
Maryland-National Capital Region with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
Participant means a person or vessel
registered with the event sponsor as
participating in the 2018 Star World
Championship regatta or otherwise
designated by the regatta’s sponsor as
having a function tied to the event.
Spectator means a person or vessel
not registered with the event sponsor as
a participant or assigned as an official
patrol.
(b) Locations. All coordinates
reference Datum NAD 1983.
(1) Regulated area. All navigable
waters of the Choptank River, bounded
by a line connecting the following
coordinates: Commencing at latitude
38°41′39.02″ N, longitude 076°11′19.18″
W, thence south to latitude 38°37′28.68″
N, longitude 076°11′19.18″ W, thence
west to latitude 38°37′28.68″ N,
longitude 076°18′18.35″ W, thence north
to latitude 38°41′39027″ N, longitude
076°18′18.35″ W, thence east to point of
origin, located near Oxford, MD. The
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following location is within the
regulated area:
(2) Race Area. The race area is a circle
in shape with its center located at
position latitude 38°39′48.00″ N,
longitude 076°15′03.42″ W. The area is
bounded by a line measuring
approximately 2.5 nautical miles in
diameter.
(c) Special local regulations: (1) The
COTP Maryland-National Capital
Region or PATCOM 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 must
immediately comply with the directions
given by the patrol. Failure to do so may
result in the Coast Guard expelling the
person or vessel from the area, issuing
a citation for failure to comply, or both.
The COTP Maryland-National Capital
Region or PATCOM may terminate the
event, or a participant’s operations at
any time the COTP Maryland-National
Capital Region or PATCOM believes it
necessary to do so for the protection of
life or property.
(2) Except for participants and vessels
already at berth, a person or vessel
within the regulated area at the start of
enforcement of this section must
immediately depart the regulated area.
(3) A spectator must contact the
PATCOM to request permission to
either enter or pass through the
regulated area. The PATCOM, 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). If permission is granted, the
spectator may enter the regulated area or
pass directly through the regulated area
as instructed by PATCOM. A vessel
within the regulated area must operate
at a safe speed that minimizes wake. A
spectator vessel must not loiter within
the navigable channel while within the
regulated area.
(4) Only participant vessels and
official patrol vessels are allowed to
enter the race area.
(5) A person or vessel that desires to
transit, moor, or anchor within the
regulated area must first obtain
authorization from the COTP MarylandNational Capital Region or PATCOM. A
person or vessel seeking such
permission can contact the PATCOM on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz).
(6) 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.
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(d) Enforcement periods. This section
will be enforced during each of the
following times:
(1) From 11:30 a.m. until 5:30 p.m. on
October 7, 2018.
(2) From 11:30 a.m. until 5:30 p.m. on
October 8, 2018.
(3) From 11:30 a.m. until 5:30 p.m. on
October 9, 2018.
(4) From 11:30 a.m. until 5:30 p.m. on
October 10, 2018.
(5) From 11:30 a.m. until 5:30 p.m. on
October 11, 2018.
(6) From 11:30 a.m. until 5:30 p.m. on
October 12, 2018.
(7) From 11:30 a.m. until 5:30 p.m. on
October 13, 2018.
(8) From 11:30 a.m. until 5:30 p.m. on
October 14, 2018.
(9) From 11:30 a.m. until 5:30 p.m. on
October 15, 2018.
Dated: August 13, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2018–17762 Filed 8–16–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–0225]
RIN 1625–AA08
Special Local Regulation; Breton Bay,
Leonardtown, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish special local regulations for
certain waters of the Breton Bay. This
action is necessary to provide for the
safety of life on these navigable waters
of Breton Bay, at Leonardtown, MD, on
October 6, 2018 and October 7, 2018.
This proposed rulemaking would
prohibit persons and vessels from being
in the regulated area unless authorized
by the Captain of the Port MarylandNational 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 September 17, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0225 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUMMARY:
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SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email MST2 Dane
Grulkey, U.S. Coast Guard Sector
Maryland-National Capital Region;
telephone 410–576–2570, email
Dane.M.Grulkey@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On January 22, 2018, the Southern
Maryland Boat Club notified the Coast
Guard that they will be conducting their
fall regatta from 8 a.m. to 5 p.m. on
October 6, 2018, and October 7, 2018.
The regatta consists of approximately 40
boats, participating in an exhibition of
vintage outboard racing V-hull boats;
the regatta is not a competition but
rather a demonstration of the vintage
race craft. Hazards from the regatta
include vessels reaching speeds of 90
mph and include risks of injury or death
resulting from near or actual contact
among participant vessels and spectator
vessels or waterway users if normal
vessel traffic were to interfere with the
event. The COTP Maryland-National
Capital Region has determined that
potential hazards associated with the
regatta would be a safety concern for
anyone intending to operate within
specified waters.
The purpose of this rulemaking is to
protect marine event participants,
spectators and transiting vessels on
specified waters of Breton Bay 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
to establish and define special local
regulations.
III. Discussion of Proposed Rule
The COTP Maryland-National Capital
Region proposes to establish special
local regulations to be enforced from
7:30 a.m. to 5:30 p.m. on October 6,
2018, and from 7:30 a.m. to 5:30 p.m. on
October 7, 2018. The regulated area
would include all navigable waters
within Breton Bay, from shoreline to
shoreline, within an area bound by a
line drawn along latitude 38°16′43″ N;
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]]>Agencies
[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Proposed Rules]
[Pages 41029-41032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17762]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0577]
RIN 1625-AA08
Special Local Regulation; Choptank River, Talbot and Dorchester
Counties, 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 navigable waters of the Choptank River. This
action is necessary to provide for the safety of life on these waters
near Oxford, MD, from October 7, 2018, through October 15, 2018, during
a sailboat regatta. This proposed rule would prohibit persons and
vessels from being in 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 September 17, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0577 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
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On February 13, 2018, the Tred Avon Yacht Club of Oxford, MD,
notified the Coast Guard through submission of a marine event
application that it is planning to conduct a sailboat regatta from
October 5, 2018, through October 15, 2018, the 2018 Star World
Championship. Race activities on navigable waters are planned each
afternoon of the regatta beginning on October 7th. The regatta consists
of approximately 100 2-person, 23-foot long International Star Class
sailboats. These vessels will operate along a designated and marked 2.5
nautical mile long course. The course is located on the Choptank River,
in Talbot and Dorchester Counties, near Oxford, MD. Hazards from the
sailboat regatta include participants operating within and adjacent to
a designated navigation channel and interfering with vessels intending
to operate within that channel, as well as injury to persons and damage
to property that involve
[[Page 41030]]
vessel mishaps during sailboat regattas conducted on navigable waters.
The Captain of the Port Maryland-National Capital Region (COTP) has
determined that potential hazards associated with the sailboat regatta
would be a safety concern for anyone intending to operate in or near
the race area.
The purpose of this rulemaking is to protect event participants,
spectators, and transiting vessels on waters in and near the race area
before, during, and after the scheduled event. The Coast Guard proposes
this rulemaking under authority in 33 U.S.C. 1233, which authorizes the
Coast Guard to establish special local regulations to promote the
safety of life on navigable waters during regattas or marine parades.
III. Discussion of Proposed Rule
The COTP Maryland-National Capital Region is proposing to establish
special local regulations that would be enforced from 11:30 a.m. until
5:30 p.m., each day, from October 7, 2018, through October 15, 2018.
The proposed regulated area is rectangular in shape, measuring
approximately six nautical miles in length by four nautical miles in
width. The area would cover all navigable waters of the Choptank River,
within an area bounded by the following coordinates: commencing at
latitude 38[deg]41'39.02'' N, longitude 076[deg]11'19.18'' W, thence
south to latitude 38[deg]37'28.68'' N, longitude 076[deg]11'19.18'' W,
thence west to latitude 38[deg]37'28.68'' N, longitude
076[deg]18'18.35'' W, thence north to latitude 38[deg]41'39027'' N,
longitude 076[deg]18'18.35'' W, thence east to point of origin, located
near Oxford, MD.
This proposed rule provides additional information about an area
within the regulated area, the ``Race Area'', and its definition.
The proposed duration of the special local regulations and size of
the regulated area are intended to ensure the safety of life on these
navigable waters before, during, and after races, scheduled from noon
until 5 p.m. on October 7, 8, 9, 10, 11, 12, 13, 14, and 15, 2018. The
COTP and PATCOM would have authority to forbid and control the movement
of 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 would be required to immediately comply with
directions given by the COTP or PATCOM. If a person or vessel fails to
follow such directions, the Coast Guard may expel them from the area,
issue them a citation for failure to comply, or both.
Except for 2018 Star World Championship participants, a vessel or
person would be required to get permission from the COTP or PATCOM
before entering the regulated area. Vessel operators can request
permission to enter and transit through the regulated area by
contacting the PATCOM on VHF-FM channel 16. Vessel traffic would be
able to safely transit the regulated area once the PATCOM deems it safe
to do so. A person or vessel not registered with the event sponsor as a
participant or assigned as official patrols would be considered a
spectator. Official Patrols are any vessel assigned or approved by the
Commander, Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
If permission is granted permission by the COTP or PATCOM, a person
or vessel would be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels would be required to
operate at a safe speed that minimizes wake while within the regulated
area. Official patrol vessels will direct spectator vessels while
within the regulated area. Vessels would be prohibited from loitering
within the navigable channel.
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, duration
and location of the regulated area. Vessel traffic would be able to
safely transit around this regulated area, which would impact a small
designated area of the Choptank River for 54 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
vessels to seek permission to enter the regulated area, and vessel
traffic would be able to safely transit the regulated area once the
PATCOM deems it safe to do so.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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).
[[Page 41031]]
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 Directive 023-01 and Commandant Instruction M16475.1D, 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. The temporary regulated area
that would be enforced daily during a nine-day period during the
sailboat regatta.. Normally such actions are categorically excluded
from further review under paragraph L61 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Memorandum For
Record for Categorically Excluded Actions 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; 33 CFR 1.05-1.
0
2. Add Sec. 100.501T05-0577 to read as follows:
Sec. 100.501T05-0577 Special Local Regulation; Choptank River,
Talbot and Dorchester Counties, MD.
(a) Definitions. As used in this section:
Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on the COTP's behalf.
Coast Guard Patrol Commander (PATCOM) means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
Official Patrol means a vessel assigned or approved by the
Commander, Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
Participant means a person or vessel registered with the event
sponsor as participating in the 2018 Star World Championship regatta or
otherwise designated by the regatta's sponsor as having a function tied
to the event.
Spectator means a person or vessel not registered with the event
sponsor as a participant or assigned as an official patrol.
(b) Locations. All coordinates reference Datum NAD 1983.
(1) Regulated area. All navigable waters of the Choptank River,
bounded by a line connecting the following coordinates: Commencing at
latitude 38[deg]41'39.02'' N, longitude 076[deg]11'19.18'' W, thence
south to latitude 38[deg]37'28.68'' N, longitude 076[deg]11'19.18'' W,
thence west to latitude 38[deg]37'28.68'' N, longitude
076[deg]18'18.35'' W, thence north to latitude 38[deg]41'39027'' N,
longitude 076[deg]18'18.35'' W, thence east to point of origin, located
near Oxford, MD. The
[[Page 41032]]
following location is within the regulated area:
(2) Race Area. The race area is a circle in shape with its center
located at position latitude 38[deg]39'48.00'' N, longitude
076[deg]15'03.42'' W. The area is bounded by a line measuring
approximately 2.5 nautical miles in diameter.
(c) Special local regulations: (1) The COTP Maryland-National
Capital Region or PATCOM 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 must immediately comply with the directions given
by the patrol. Failure to do so may result in the Coast Guard expelling
the person or vessel from the area, issuing a citation for failure to
comply, or both. The COTP Maryland-National Capital Region or PATCOM
may terminate the event, or a participant's operations at any time the
COTP Maryland-National Capital Region or PATCOM believes it necessary
to do so for the protection of life or property.
(2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
(3) A spectator must contact the PATCOM to request permission to
either enter or pass through the regulated area. The PATCOM, 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). If permission is granted, the spectator may enter the
regulated area or pass directly through the regulated area as
instructed by PATCOM. A vessel within the regulated area must operate
at a safe speed that minimizes wake. A spectator vessel must not loiter
within the navigable channel while within the regulated area.
(4) Only participant vessels and official patrol vessels are
allowed to enter the race area.
(5) A person or vessel that desires to transit, moor, or anchor
within the regulated area must first obtain authorization from the COTP
Maryland-National Capital Region or PATCOM. A person or vessel seeking
such permission can contact the PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
(6) 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 periods. This section will be enforced during each
of the following times:
(1) From 11:30 a.m. until 5:30 p.m. on October 7, 2018.
(2) From 11:30 a.m. until 5:30 p.m. on October 8, 2018.
(3) From 11:30 a.m. until 5:30 p.m. on October 9, 2018.
(4) From 11:30 a.m. until 5:30 p.m. on October 10, 2018.
(5) From 11:30 a.m. until 5:30 p.m. on October 11, 2018.
(6) From 11:30 a.m. until 5:30 p.m. on October 12, 2018.
(7) From 11:30 a.m. until 5:30 p.m. on October 13, 2018.
(8) From 11:30 a.m. until 5:30 p.m. on October 14, 2018.
(9) From 11:30 a.m. until 5:30 p.m. on October 15, 2018.
Dated: August 13, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2018-17762 Filed 8-16-18; 8:45 am]
BILLING CODE 9110-04-P
