Special Local Regulation; Choptank River, Cambridge, MD, 14262-14264 [2019-07070]
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14262
Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 / Rules and Regulations
Need for Correction
As published, the final regulations
(TD 9846) contain errors that may prove
to be misleading and are in need of
clarification.
Correction of Publication
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VI. Congressional Review Act
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
The TCR Event Management of St.
Michaels, MD, notified the Coast Guard
that it will be conducting a swim event
on the morning of May 11, 2019. The
open water swim starts at the beach of
Bill Burton Fishing Pier State Park at
Trappe, MD, proceeds across the
Choptank River along and between the
fishing piers and the Senator Frederick
C. Malkus, Jr. Memorial (US–50) Bridge,
and finishes at the beach of the
Dorchester County Visitors Center at
Cambridge, MD. In response, on
February 26, 2019, the Coast Guard
published an NPRM titled ‘‘Special
Local Regulation; Choptank River,
Cambridge, MD’’ (84 FR 6107). There we
stated why we issued the NPRM and
invited comments on our proposed
regulatory action related to this paddle
race. During the comment period that
ended March 28, 2019, we received no
comments.
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BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
The Administrator of the Office of
Information and Regulatory Affairs of
the Office of Management and Budget
has determined that this is a major rule
for purposes of the Congressional
Review Act (5 U.S.C. 801 et. seq.)
(‘‘CRA’’). Under section 801(3) of the
CRA, a major rule takes effect 60 days
after the rule is published in the Federal
Register. Notwithstanding this
requirement, section 808(2) of the CRA
allows agencies to dispense with the
requirements of 801 when the agency
for good cause finds that such procedure
would be impracticable, unnecessary, or
contrary to the public interest and the
rule shall take effect at such time as the
agency promulgating the rule
determines.
Pursuant to section 808(2) of the CRA,
the Treasury Department and the IRS
find, for good cause, that a 60-day delay
in the effective date is unnecessary and
contrary to the public interest. The
Treasury Department and the IRS have
determined that the rules in this
Treasury decision shall take effect on
December 22, 2017. December 22, 2017,
is the date that section 965 in its current
form was enacted. Section 965 applies
to the last taxable year of foreign
corporations that began before January
1, 2018, and to the taxable years of
United States persons in which such
taxable years of foreign corporations
end. This means that the statute is
currently effective, and taxpayers may
be required to make payments under
section 965 on a U.S. federal income tax
return for 2017 or 2018 tax years. These
final regulations provide crucial
guidance for taxpayers on how to apply
the rules of section 965, correctly
calculate their liability under section
965, and accurately file their U.S.
Federal income tax returns. Because the
statute already requires taxpayers to
comply with section 965, a 60-day delay
16:10 Apr 09, 2019
II. Background Information and
Regulatory History
[FR Doc. 2019–07018 Filed 4–9–19; 8:45 am]
Accordingly, the final regulations (TD
9846), that are the subject of FR Doc.
2019–00265, are corrected as follows:
On page 1874, in the preamble, the
second column, under the caption
‘‘Special Analyses,’’ is amended by
adding section VI. to read as follows:
VerDate Sep<11>2014
in the effective date is unnecessary and
contrary to the public interest.
[Docket Number USCG–2019–0051]
RIN 1625–AA08
Special Local Regulation; Choptank
River, Cambridge, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
III. Legal Authority and Need for Rule
The Coast Guard is
establishing temporary 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 located at Cambridge,
MD, on May 11, 2019, during a morning
swim event. This regulation prohibits
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.
SUMMARY:
This rule is effective from 8 a.m.
to 11 a.m. on May 11, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0051 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
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
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
§ Section
U.S.C. United States Code
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The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
COTP Maryland-National Capital
Region has determined that potential
hazards associated with the swim will
be a safety concern for anyone intending
to operate in or near the swim area. The
purpose of this rule is to protect event
participants, spectators, and transiting
vessels on specified waters of the
Choptank River before, during, and after
the scheduled event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
February 26, 2019. There are no
substantive changes in the regulatory
text of this rule from the proposed rule
in the NPRM. However, there are two
small, nonsubstantive changes. The first
change is in paragraph (a), to the
definition of ‘‘participants.’’ The
proposed rule stated the event name as
the Flying Point Park Outboard Regatta.
The name of the event has been changed
to the Maryland Freedom Swim. The
second change is a slight modification
in the paragraphing structure of
paragraph (b). There were no changes to
the regulatory text of paragraph (b).
This rule establishes a special local
regulation from 8 a.m. to 11 a.m. on May
11, 2019. The regulated area will cover
all navigable waters of the Choptank
River, from shoreline to shoreline,
within an area bounded on the east by
a line drawn from latitude 38°35′14.2″
N, longitude 076°02′33.0″ W, thence
south to latitude 38°34′08.3″ N,
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Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 / Rules and Regulations
longitude 076°03′36.2″ W, and bounded
on the west by a line drawn from
latitude 38°35′32.7″ N, longitude
076°02′58.3″ W, thence south to latitude
38°34′24.7″ N, longitude 076°04′01.3″
W, located at Cambridge, MD. The
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 the open water swim,
scheduled from 9 a.m. to 10:45 a.m. on
May 11, 2019. Except for participants
and vessels already at berth, a vessel or
person will be required to get
permission from the COTP or PATCOM
before entering the regulated area.
Vessel operators can request permission
to enter and transit through the
regulated area by contacting the
PATCOM on VHF–FM channel 16.
Vessel traffic will be able to safely
transit the regulated area once the
PATCOM deems it safe to do so. A
person or vessel not registered with the
event sponsor as a participant or
assigned as Official Patrols would be
considered a 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
by the COTP or PATCOM, a person or
vessel will be allowed to enter the
regulated area or pass directly through
the regulated area as instructed. Vessels
will be required to operate at a safe
speed that minimizes wake while
within the regulated area. Official Patrol
vessels will direct spectator vessels
while within the regulated area. Vessels
will be prohibited from loitering within
the navigable channel.
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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
VerDate Sep<11>2014
16:10 Apr 09, 2019
Jkt 247001
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, time of day and
duration of the regulated area, which
will impact a small designated area of
the Choptank River for 3 hours. The
Coast Guard will issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the status of the
regulated area. Moreover, the rule will
allow vessels to seek permission to enter
the regulated area, and vessel traffic will
be able to safely transit the regulated
area once the COTP or PATCOM deems
it safe to do so.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the 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
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14263
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this 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 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 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
determined that this action is one of a
category of actions that do not
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Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 / Rules and Regulations
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. The temporary
regulated area will be enforced for three
hours during the open water swim. It is
categorically excluded from further
review under paragraph L61 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: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.501T05–0051 to read as
follows:
■
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§ 100.501T05–0051 Special Local
Regulation; Choptank River, Cambridge,
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 his behalf.
Coast Guard Patrol Commander
(PATCOM) means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Maryland-National Capital Region.
Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Maryland-National
VerDate Sep<11>2014
16:10 Apr 09, 2019
Jkt 247001
Capital Region with a commissioned,
warrant, or petty officer on board and
displaying a Coast Guard ensign.
Participants means all persons and
vessels registered with the event
sponsor as participating in the Maryland
Freedom Swim or otherwise designated
by the event sponsor as having a
function tied to the event.
Spectators means all persons and
vessels not registered with the event
sponsor as participants or assigned as
official patrols.
(b) Regulated area. All navigable
waters of the Choptank River, from
shoreline to shoreline, within an area
bounded on the east by a line drawn
from latitude 38°35′14.2″ N, longitude
076°02′33.0″ W, thence south to latitude
38°34′08.3″ N, longitude 076°03′36.2″
W, and bounded on the west by a line
drawn from latitude 38°35′32.7″ N,
longitude 076°02′58.3″ W, thence south
to latitude 38°34′24.7″ N, longitude
076°04′01.3″ W, located at Cambridge,
MD. All coordinates reference Datum
NAD 1983.
(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 shall
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 must pass directly through the
regulated area as instructed by
PATCOM. A vessel within the regulated
area must operate at safe speed that
minimizes wake. A spectator vessel
must not loiter within the navigable
channel while within the regulated area.
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Sfmt 4700
(4) A person or vessel that desires to
transit, moor, or anchor within the
regulated area must obtain authorization
from the COTP Maryland-National
Capital Region or PATCOM. A person or
vessel seeking such permission can
contact the COTP Maryland-National
Capital Region at telephone number
410–576–2693 or on Marine Band
Radio, VHF–FM channel 16 (156.8
MHz) or the PATCOM on Marine Band
Radio, VHF–FM channel 16 (156.8
MHz).
(5) 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 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 a.m. to 11 a.m.
on May 11, 2019.
Dated: April 5, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2019–07070 Filed 4–9–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0045]
Safety Zone; Tchefuncte River,
Madisonville, LA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a safety zone for a fireworks display
located on the navigable waters of the
Tchefuncte River in front of the
Madisonville Town Hall for the annual
Fourth of July celebration. This action is
needed to provide for the safety of life
on these navigable waterways during
this event.
DATES: The regulations in 33 CFR
165.801, Table 5, line 15 will be
enforced from 8 p.m. through 9 p.m. on
July 4, 2019.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Lieutenant
Commander Benjamin Morgan, Sector
New Orleans, U.S. Coast Guard;
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Rules and Regulations]
[Pages 14262-14264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07070]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0051]
RIN 1625-AA08
Special Local Regulation; Choptank River, Cambridge, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary 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
located at Cambridge, MD, on May 11, 2019, during a morning swim event.
This regulation prohibits 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 a.m. to 11 a.m. on May 11, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0051 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
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
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The TCR Event Management of St. Michaels, MD, notified the Coast
Guard that it will be conducting a swim event on the morning of May 11,
2019. The open water swim starts at the beach of Bill Burton Fishing
Pier State Park at Trappe, MD, proceeds across the Choptank River along
and between the fishing piers and the Senator Frederick C. Malkus, Jr.
Memorial (US-50) Bridge, and finishes at the beach of the Dorchester
County Visitors Center at Cambridge, MD. In response, on February 26,
2019, the Coast Guard published an NPRM titled ``Special Local
Regulation; Choptank River, Cambridge, MD'' (84 FR 6107). There we
stated why we issued the NPRM and invited comments on our proposed
regulatory action related to this paddle race. During the comment
period that ended March 28, 2019, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The COTP Maryland-National Capital Region has determined that
potential hazards associated with the swim will be a safety concern for
anyone intending to operate in or near the swim area. The purpose of
this rule is to protect event participants, spectators, and transiting
vessels on specified waters of the Choptank River before, during, and
after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
February 26, 2019. There are no substantive changes in the regulatory
text of this rule from the proposed rule in the NPRM. However, there
are two small, nonsubstantive changes. The first change is in paragraph
(a), to the definition of ``participants.'' The proposed rule stated
the event name as the Flying Point Park Outboard Regatta. The name of
the event has been changed to the Maryland Freedom Swim. The second
change is a slight modification in the paragraphing structure of
paragraph (b). There were no changes to the regulatory text of
paragraph (b).
This rule establishes a special local regulation from 8 a.m. to 11
a.m. on May 11, 2019. The regulated area will cover all navigable
waters of the Choptank River, from shoreline to shoreline, within an
area bounded on the east by a line drawn from latitude 38[deg]35'14.2''
N, longitude 076[deg]02'33.0'' W, thence south to latitude
38[deg]34'08.3'' N,
[[Page 14263]]
longitude 076[deg]03'36.2'' W, and bounded on the west by a line drawn
from latitude 38[deg]35'32.7'' N, longitude 076[deg]02'58.3'' W, thence
south to latitude 38[deg]34'24.7'' N, longitude 076[deg]04'01.3'' W,
located at Cambridge, MD. The 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 the open water
swim, scheduled from 9 a.m. to 10:45 a.m. on May 11, 2019. Except for
participants and vessels already at berth, a vessel or person will be
required to get permission from the COTP or PATCOM before entering the
regulated area. Vessel operators can request permission to enter and
transit through the regulated area by contacting the PATCOM on VHF-FM
channel 16. Vessel traffic will be able to safely transit the regulated
area once the PATCOM deems it safe to do so. A person or vessel not
registered with the event sponsor as a participant or assigned as
Official Patrols would be considered a 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 by the COTP or PATCOM, a person or vessel will be allowed to
enter the regulated area or pass directly through the regulated area as
instructed. Vessels will be required to operate at a safe speed that
minimizes wake while within the regulated area. Official Patrol vessels
will direct spectator vessels while within the regulated area. Vessels
will be prohibited from loitering within the navigable channel.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size, time of
day and duration of the regulated area, which will impact a small
designated area of the Choptank River for 3 hours. The Coast Guard will
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the status of the regulated area. Moreover, the rule will allow vessels
to seek permission to enter the regulated area, and vessel traffic will
be able to safely transit the regulated area once the COTP or PATCOM
deems it safe to do so.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
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 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.
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 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 determined that this action is
one of a category of actions that do not
[[Page 14264]]
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. The temporary regulated area will be
enforced for three hours during the open water swim. It is
categorically excluded from further review under paragraph L61 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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. [thinsp]100.501T05-0051 to read as follows:
Sec. 100.501T05-0051 Special Local Regulation; Choptank River,
Cambridge, 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 his behalf.
Coast Guard Patrol Commander (PATCOM) means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
Official Patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
Participants means all persons and vessels registered with the
event sponsor as participating in the Maryland Freedom Swim or
otherwise designated by the event sponsor as having a function tied to
the event.
Spectators means all persons and vessels not registered with the
event sponsor as participants or assigned as official patrols.
(b) Regulated area. All navigable waters of the Choptank River,
from shoreline to shoreline, within an area bounded on the east by a
line drawn from latitude 38[deg]35'14.2'' N, longitude
076[deg]02'33.0'' W, thence south to latitude 38[deg]34'08.3'' N,
longitude 076[deg]03'36.2'' W, and bounded on the west by a line drawn
from latitude 38[deg]35'32.7'' N, longitude 076[deg]02'58.3'' W, thence
south to latitude 38[deg]34'24.7'' N, longitude 076[deg]04'01.3'' W,
located at Cambridge, MD. All coordinates reference Datum NAD 1983.
(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 shall 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 must pass directly
through the regulated area as instructed by PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
(4) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or PATCOM. A person or vessel seeking
such permission can contact the COTP Maryland-National Capital Region
at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
(5) 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 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 a.m.
to 11 a.m. on May 11, 2019.
Dated: April 5, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-07070 Filed 4-9-19; 8:45 am]
BILLING CODE 9110-04-P
