Special Local Regulation; Tred Avon River, Between Bellevue and Oxford, MD, 8504-8507 [2020-02945]
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Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Proposed Rules
TABLE 1 TO § 100.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING MARINE EVENTS—Continued
Date
Event/sponsor
Ohio Valley location
70. 2 days—One of the last three
weekends in September.
71. 1 day—Third Sunday in September.
72. 1 day—Fourth or fifth weekend in
September.
73. 1 day—Fourth or fifth Sunday in
September.
74. 1 day—One of the last two weekends in September.
75. 2 days—One of the last three
weekends in September or the first
weekend in October.
76. 3 days—One of the last three
weekends in September or one of
the first two weekends in October.
77. 1 day—Last weekend in September.
78. 3 days—Last weekend of September and/or first weekend in October.
79. 2 days—First weekend of October
Madison Vintage Thunder ..................
Madison, IN ......................
Ohio River, Mile 556.5–559.5 (Indiana).
Team Rocket Tri Club/Swim Hobbs
Island.
Knoxville Open Water Swimmers/
Bridges to Bluffs.
Green Umbrella/Great Ohio River
Swim.
Ohio River Open Water Swim ...........
Huntsville, AL ...................
Tennessee River, Mile 332.3–338.0 (Alabama).
Knoxville, TN ....................
Tennessee River, Mile 641.0–648.0 (Tennessee).
Cincinnati, OH ..................
Ohio River, Mile 468.8–471.2 (Ohio and Kentucky).
Prospect, KY ....................
Ohio River, Mile 587.0–591.0 (Kentucky).
Captain Quarters Regatta ..................
Louisville, KY ...................
Ohio River, Mile 594.0–598.0 (Kentucky).
Owensboro Air Show .........................
Owensboro, KY ................
Ohio River, Mile 754.0–760.0 (Kentucky).
World Triathlon Corporation/
IRONMAN Chattanooga.
New Martinsville Records and Regatta Challenge Committee.
Chattanooga, TN .............
Tennessee River, Mile 462.7–467.5 (Tennessee).
New Martinsville, WV .......
Ohio River, Mile 128–129 (West Virginia).
Three Rivers Rowing Association/
Head of the Ohio Regatta.
Lookout Rowing Club/Chattanooga
Head Race.
Vanderbilt Rowing/Music City Head
Race.
Head of the Ohio Rowing Race .........
Pittsburgh, PA ..................
Allegheny River mile 0.0–5.0 (Pennsylvania).
Chattanooga, TN .............
Tennessee River, Mile 463.0–468.0 (Tennessee).
Nashville, TN ...................
Cumberland River, Mile 189.5–196.0 (Tennessee).
Pittsburgh, PA ..................
Allegheny River, Mile 0.0–3.0 (Pennsylvania).
Norton Healthcare/Ironman Triathlon
Louisville, KY ...................
Ohio River, Mile 600.5–605.5 (Kentucky).
Secret City Head Race Regatta ........
Atlanta Rowing Club/Head of the
Hooch Rowing Regatta.
Charleston Lighted Boat Parade .......
Oak Ridge, TN .................
Chattanooga, TN .............
Clinch River, Mile 49.0–54.0 (Tennessee).
Tennessee River, Mile 463.0–468.0 (Tennessee).
Charleston, WV ................
Kanawha River, Mile 54.3–60.3 (West Virginia).
80. 1 day—First or second weekend
in October.
81. 3 days—First or Second weekend
in October.
82. 2 days—First or second week of
October.
83. 2 days—One of the first three
weekends in October.
84. 2 days—Two days in October ......
85. 3 days—First weekend in November.
86. 1 day—One weekend in November or December.
*
*
*
*
This proposed rulemaking would
prohibit persons and vessels from
entering the regulated area unless
authorized by the Captain of the Port
Maryland-National Capital Region or the
Coast Guard Patrol Commander. We
invite your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before March 16, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0084 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.
*
Dated: February 7, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Ohio Valley.
[FR Doc. 2020–02976 Filed 2–13–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2020–0084]
RIN 1625–AA08
Special Local Regulation; Tred Avon
River, Between Bellevue and Oxford,
MD
khammond on DSKJM1Z7X2PROD with PROPOSALS
The Coast Guard is proposing
to establish temporary 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 6, 2020.
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If
you have questions about this proposed
rulemaking, call or email Mr. Ron
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:
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY:
Regulated area
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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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
II. Background, Purpose, and Legal
Basis
Charcot Marie Tooth Association and
Therapies for Inherited Neuropathies of
Trappe, MD, notified the Coast Guard
that it will be conducting the swim
portion of the Oxford Funathlon from
7:45 a.m. to 9:15 a.m. on June 6, 2020.
There is no alternate date scheduled for
this event. The open water swim
consists of approximately 40
participants competing in a designated
1200-meter course that starts at the ferry
dock in Bellevue, MD, and finishes at
the Tred Avon Yacht Club in Oxford,
MD. Hazards from the swim
competition include participants
swimming within and adjacent to the
designated navigation channel and
interfering with vessels intending to
operate within that channel, as well as
swimming within approaches to local
public and private marinas and public
boat facilities. The Captain of the Port
(COTP) Maryland-National Capital
Region has determined that potential
hazards associated with the swim would
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Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Proposed Rules
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be a safety concern for anyone intending
to participate in this event and for
vessels that operate within specified
waters of the Tred Avon River.
The purpose of this rulemaking is to
protect event participants, nonparticipants, and transiting vessels on
before, during, and after the scheduled
event. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP Maryland-National Capital
Region is proposing to establish special
local regulations that would be enforced
from 6:45 a.m. to 10:15 a.m. on June 6,
2020. The regulated area would cover
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 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 proposed
duration of the rule and size of the
regulated area are to ensure the safety of
life on these navigable waters before,
during, and after the open water swim,
scheduled to take place from 7:45 a.m.
to 9:15 a.m. on June 6, 2020. The COTP
and the Coast Guard Patrol Commander
(PATCOM) would have authority to
forbid and control the movement of all
vessels and persons, including event
participants, in the regulated area.
Except for Oxford Funathlon
participants and vessels already at
berth, a vessel or person would be
required to get permission from the
COTP or PATCOM before entering the
regulated area. Vessel operators would
be able to 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 non-participant. 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 would
be allowed to enter the regulated area or
pass directly through the regulated area
as instructed. Vessels would be required
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to operate at a safe speed that minimizes
wake while within the regulated area.
Official patrol vessels would direct nonparticipants while within the regulated
area.
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 size, time of day and
duration of the regulated area, which
would impact a small designated area of
the Tred Avon River for 31⁄2 hours. The
Coast Guard would issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the status of the
regulated area. Moreover, the rule
would allow 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 safety
zone may be small entities, for the
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reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
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Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Proposed Rules
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, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves implementation of
regulations within 33 CFR part 100
applicable to organized marine events
on the navigable waters of the United
States that could negatively impact the
safety of waterway users and shore side
activities in the event area lasting for 3
and 1⁄2 hours. Normally such actions are
categorically excluded from further
review under paragraph L[61] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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,
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16:35 Feb 13, 2020
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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
submissions in response to this docket,
see DHS’s Correspondence System of
Records notice (84 FR 48645, September
26, 2018).
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 is proposing
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: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T05–0084 to read as
follows:
■
§ 100.T05–0084 Oxford Funathlon, Tred
Avon River, Between Bellevue and Oxford,
MD.
(a) Regulated area. The regulations in
this section apply to the following 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,
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located at Oxford, MD. These
coordinates are based on datum NAD
1983.
(b) 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
Capital Region with a commissioned,
warrant, or petty officer on board and
displaying a Coast Guard ensign.
Participant 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.
(c) Regulations. (1) Except for vessels
already at berth, all non-participants are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area described in
paragraph (a) of this section unless
authorized by the COTP MarylandNational Capital Region or PATCOM.
(2) To seek permission to enter,
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). Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP
Maryland-National Capital Region or
PATCOM.
(3) The COTP Maryland-National
Capital Region will provide notice of the
regulated area through advanced notice
via Fifth Coast Guard District Local
Notice to Mariners, broadcast notice to
mariners, and on-scene official patrols.
(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 6:45 a.m. to 10:15
a.m. on June 6, 2020.
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Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Proposed Rules
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
Dated: February 10, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2020–02945 Filed 2–13–20; 8:45 am]
II. Background, Purpose, and Legal
Basis
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0061]
RIN 1625–AA00
Safety Zone for Fireworks Displays,
Upper Potomac River, Washington
Channel, DC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
certain waters of the Upper Potomac
River. This action is necessary to
provide for the safety of life on these
navigable waters of the Washington
Channel adjacent to The Wharf DC,
Washington, DC, for recurring fireworks
displays from April 4, 2020, through
December 31, 2020. This proposed
rulemaking would prohibit persons and
vessels from being in the safety zone
unless authorized by the Captain of the
Port Maryland-National Capital Region
or a designated representative. We
invite your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before March 16, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0061 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.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Mr. Ron
Houck, Sector Maryland-National
Capital Region Waterways Management
Division, U.S. Coast Guard; telephone
410–576–2674, email Ronald.L.Houck@
uscg.mil.
khammond on DSKJM1Z7X2PROD with PROPOSALS
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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On January 9, 2020, Pyrotecnico, Inc.,
of New Castle, PA, notified the Coast
Guard that it will be conducting 7
fireworks displays, sponsored by The
Wharf DC, from 7 p.m. to 11:59 p.m. for
various events from April 4, 2020,
through December 31, 2020. The
fireworks are to be launched from a
barge in the Washington Channel,
adjacent to The Wharf DC in
Washington, DC. The fireworks
company has provided dates for two of
the events, April 4, 2020, and December
5, 2020. However, the dates for the
remaining five events have not yet been
finalized. Hazards from the fireworks
displays include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. The
Captain of the Port Maryland-National
Capital Region (COTP) has determined
that potential hazards associated with
the fireworks to be used in these
displays would be a safety concern for
anyone within 200 feet of the fireworks
barge.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within 200 feet of the
fireworks barge on the Washington
Channel before, during, and after the
scheduled events. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a
temporary recurring safety zone in the
Washington Channel from April 4, 2020,
through December 31, 2020. The safety
zone would cover all navigable waters
of the Washington Channel within 200
feet of the fireworks barge. It is
anticipated that the safety zone will be
activated for seven separate events
during 2020. For each event, the barge
will be located within an area bounded
on the south by latitude 38°52′30″ N,
and bounded on the north by the
Francis Case (I–395) Memorial Bridge,
located at Washington, DC. The safety
zone would be enforced from 7 p.m.
until 11:59 p.m. for each fireworks
display scheduled from April 4, 2020,
through December 31, 2020. Prior to
enforcement, the COTP will provide
notice by publishing a Notice of
Enforcement at least 2 days in advance
of the event in the Federal Register, as
well as issuing a Local Notice to
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8507
Mariners and Broadcast Notice to
Mariners at least 24 hours in advance.
The duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled fireworks display.
No vessel or person would be permitted
to enter the safety zone without
obtaining permission from the COTP or
a designated representative. The
regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
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 timeof-day of the safety zone. It is
anticipated that the safety zone will be
activated for seven separate events
during 2020. Although vessel traffic will
not be able to safely transit around this
safety zone when being enforced, the
impact would be for less than 5 hours
during the evening when vessel traffic
in Washington Channel is normally low.
Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
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Agencies
[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
[Proposed Rules]
[Pages 8504-8507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02945]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2020-0084]
RIN 1625-AA08
Special Local Regulation; Tred Avon River, Between Bellevue and
Oxford, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish temporary 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 6, 2020. This proposed rulemaking would prohibit
persons and vessels from entering the regulated area unless authorized
by the Captain of the Port Maryland-National Capital Region or the
Coast Guard Patrol Commander. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before March 16, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0084 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ron Houck, 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, Purpose, and Legal Basis
Charcot Marie Tooth Association and Therapies for Inherited
Neuropathies of Trappe, MD, notified the Coast Guard that it will be
conducting the swim portion of the Oxford Funathlon from 7:45 a.m. to
9:15 a.m. on June 6, 2020. There is no alternate date scheduled for
this event. The open water swim consists of approximately 40
participants competing in a designated 1200-meter course that starts at
the ferry dock in Bellevue, MD, and finishes at the Tred Avon Yacht
Club in Oxford, MD. Hazards from the swim competition include
participants swimming within and adjacent to the designated navigation
channel and interfering with vessels intending to operate within that
channel, as well as swimming within approaches to local public and
private marinas and public boat facilities. The Captain of the Port
(COTP) Maryland-National Capital Region has determined that potential
hazards associated with the swim would
[[Page 8505]]
be a safety concern for anyone intending to participate in this event
and for vessels that operate within specified waters of the Tred Avon
River.
The purpose of this rulemaking is to protect event participants,
non-participants, and transiting vessels on before, during, and after
the scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP Maryland-National Capital Region is proposing to establish
special local regulations that would be enforced from 6:45 a.m. to
10:15 a.m. on June 6, 2020. The regulated area would cover 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 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 proposed duration of the
rule and size of the regulated area are to ensure the safety of life on
these navigable waters before, during, and after the open water swim,
scheduled to take place from 7:45 a.m. to 9:15 a.m. on June 6, 2020.
The COTP and the Coast Guard Patrol Commander (PATCOM) would have
authority to forbid and control the movement of all vessels and
persons, including event participants, in the regulated area.
Except for Oxford Funathlon participants and vessels already at
berth, a vessel or person would be required to get permission from the
COTP or PATCOM before entering the regulated area. Vessel operators
would be able to 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 non-participant. 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
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 would direct non-participants while within the
regulated area.
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 size, time of day
and duration of the regulated area, which would impact a small
designated area of the Tred Avon River for 3\1/2\ hours. The Coast
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the status of the regulated area. Moreover, the rule
would allow 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
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
[[Page 8506]]
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, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area lasting for 3 and \1/2\ hours.
Normally such actions are categorically excluded from further review
under paragraph L[61] of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. 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
submissions in response to this docket, see DHS's Correspondence System
of Records notice (84 FR 48645, September 26, 2018).
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 is
proposing 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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T05-0084 to read as follows:
Sec. 100.T05-0084 Oxford Funathlon, Tred Avon River, Between Bellevue
and Oxford, MD.
(a) Regulated area. The regulations in this section apply to the
following 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. These coordinates
are based on datum NAD 1983.
(b) 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.
Participant 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.
(c) Regulations. (1) Except for vessels already at berth, all non-
participants are prohibited from entering, transiting through,
anchoring in, or remaining within the regulated area described in
paragraph (a) of this section unless authorized by the COTP Maryland-
National Capital Region or PATCOM.
(2) To seek permission to enter, 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). Those in the regulated area must
comply with all lawful orders or directions given to them by the COTP
Maryland-National Capital Region or PATCOM.
(3) The COTP Maryland-National Capital Region will provide notice
of the regulated area through advanced notice via Fifth Coast Guard
District Local Notice to Mariners, broadcast notice to mariners, and
on-scene official patrols.
(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 6:45
a.m. to 10:15 a.m. on June 6, 2020.
[[Page 8507]]
Dated: February 10, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2020-02945 Filed 2-13-20; 8:45 am]
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