Special Local Regulation; Tred Avon River, Between Bellevue and Oxford, MD, 26355-26358 [2020-09082]
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Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Rules and Regulations
provided by the group health plan (e.g.,
doctors’ visits or filled prescriptions)
that occurred on or before April 30,
2020 would be covered under the terms
of the plan. The plan would not be
obligated to cover benefits or services
that occurred after April 2020.
Example 5 (Claims for medical
treatment under a group health plan). (i)
Facts. Individual D is a participant in a
group health plan. On March 1, 2020,
Individual D received medical treatment
for a condition covered under the plan,
but a claim relating to the medical
treatment was not submitted until April
1, 2021. Under the plan, claims must be
submitted within 365 days of the
participant’s receipt of the medical
treatment. Was Individual D’s claim
timely?
(ii) Conclusion. Yes. For purposes of
determining the 365-day period
applicable to Individual D’s claim, the
Outbreak Period is disregarded.
Therefore, Individual D’s last day to
submit a claim is 365 days after June 29,
2020, which is June 29, 2021, so
Individual D’s claim was timely.
Example 6 (Internal appeal—
disability plan). (i) Facts. Individual E
received a notification of an adverse
benefit determination from Individual
E’s disability plan on January 28, 2020.
The notification advised Individual E
that there are 180 days within which to
file an appeal. What is Individual E’s
appeal deadline?
(ii) Conclusion. When determining the
180-day period within which Individual
E’s appeal must be filed, the Outbreak
Period is disregarded. Therefore,
Individual E’s last day to submit an
appeal is 148 days (180¥32 days
following January 28 to March 1) after
June 29, 2020, which is November 24,
2020.
Example 7 (Internal appeal—
employee pension benefit plan). (i)
Facts. Individual F received a notice of
adverse benefit determination from
Individual F’s 401(k) plan on April 15,
2020. The notification advised
Individual F that there are 60 days
within which to file an appeal. What is
Individual F’s appeal deadline?
(ii) Conclusion. When determining the
60-day period within which Individual
F’s appeal must be filed, the Outbreak
Period is disregarded. Therefore,
Individual F’s last day to submit an
appeal is 60 days after June 29, 2020,
which is August 28, 2020.
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Signed at Washington, DC, this 28th day of
April, 2020.
Eugene Rutledge,
Assistant Secretary, Employee Benefits
Security Administration, Department of
Labor.
Sunita Lough,
Deputy Commissioner for Services and
Enforcement, Internal Revenue Service,
Department of the Treasury.
[FR Doc. 2020–09399 Filed 4–30–20; 11:15 am]
BILLING CODE P
26355
Regulation and Controlling Regulatory
Costs,’’ does not apply.
List of Subjects in 32 CFR Part 199
Claims, Dental health, Health care,
Health insurance, Individuals with
disabilities, Mental health, Mental
health parity, Military personnel.
Accordingly, 32 CFR part 199 is
amended as follows:
PART 199—[AMENDED]
1. The authority citation for part 199
continues to read as follows:
■
DEPARTMENT OF DEFENSE
Authority: 5 U.S.C. 301; 10 U.S.C. chapter
55.
Office of the Secretary
§ 199.8
32 CFR Part 199
[Amended]
2. Amend § 199.8 by removing
paragraph (c)(6).
■
Double Coverage
Office of the Secretary,
Department of Defense (DoD).
ACTION: Technical amendment.
Dated: April 20, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
This technical amendment is
being published to correct an error that
was codified in the Code of Federal
Regulations (CFR) in 2003. A paragraph
was inadvertently duplicated in 2003
and is now being removed.
DATES: This technical amendment is
effective May 4, 2020.
FOR FURTHER INFORMATION CONTACT:
Patricia Toppings, 571–372–0485.
SUPPLEMENTARY INFORMATION: On April
30, 2003 (68 FR 23030–23034), the
Department of Defense published a final
rule titled ‘‘TRICARE Program;
Eligibility and Payment Procedures for
Civilian Health and Medical Program of
the Uniformed Services Beneficiaries
Age 65 and Over,’’ which amended 32
CFR part 199.
On page 23032, an amendatory
instruction requested to amend § 199.8
by ‘‘redesignating paragraph (c)(5) as
(c)(6) and the second paragraph (c)(4) as
(c)(5).’’
The wording of this amendatory
instruction led to a codification error
which is still present in the CFR.
In 32 CFR 199.8, paragraphs (c)(5) and
(c)(6) contain identical text. Only one of
the paragraphs should remain in the
CFR. Therefore, DoD is publishing this
technical amendment to remove
paragraph (c)(6) from 32 CFR 199.8.
It has been determined that
publication of this CFR amendment for
public comment is impracticable,
unnecessary, and contrary to public
interest since it is correcting a technical
error.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review.’’
Therefore, E.O. 13771, ‘‘Reducing
[FR Doc. 2020–08664 Filed 5–1–20; 8:45 am]
AGENCY:
SUMMARY:
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BILLING CODE 5001–06–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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 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 regulation prohibits 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.
DATES: This rule is effective from 6:45
a.m. to 10:15 a.m. on June 6, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0084 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
SUMMARY:
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Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Rules and Regulations
If
you have questions on this rule, 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:
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
II. Background Information and
Regulatory History
Charcot Marie Tooth Association and
Therapies for Inherited Neuropathies of
Trappe, MD, notified the Coast Guard
that from 7:45 a.m. to 9:15 a.m. on June
6, 2020, it will be conducting the swim
portion of the Oxford Funathlon in the
Tred Avon River along a 1200-meter
course that starts at the ferry dock in
Bellevue, MD, and finishes at the Tred
Avon Yacht Club in Oxford, MD. In
response, on February 14, 2020, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
‘‘Special Local Regulation; Tred Avon
River, Between Bellevue and Oxford,
MD’’ (85 FR 8504). There we stated why
we issued the NPRM, and invited
comments on our proposed regulatory
action related to this fireworks display.
During the comment period that ended
March 16, 2020, we received no
comments.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Maryland-National
Capital Region (COTP) has determined
that potential hazards associated with
the swim will 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 rule is to protect
event participants, non-participants,
and transiting vessels in the regulated
area 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 14, 2020. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes special local
regulations from 6:45 a.m. to 10:15 a.m.
on June 6, 2020. The regulated area will
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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 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 scheduled 7:45 a.m. to 9:15
a.m. open water swim. The COTP and
the Coast Guard Patrol Commander
(PATCOM) will 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 will be
required to get permission from the
COTP or PATCOM before entering the
regulated area. Vessel operators will be
able to 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 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 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 nonparticipants while within the regulated
area.
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
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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 Tred Avon River for 3.5 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 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 safety
zone 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 call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
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Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Rules and Regulations
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.
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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).
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
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
implementation of regulations within 33
CFR part 100 applicable to organized
marine events on the navigable waters
of the United States that could
negatively impact the safety of
waterway users and shore side activities
in the event area lasting for 3.5 hours.
It is categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1.
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.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
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, Rev. 1, associated
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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.T05–0084 to read as
follows:
§ 100.T05–0084 Oxford Funathlon, Tred
Avon River, Between Bellvue 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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26357
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. 86 / Monday, May 4, 2020 / Rules and Regulations
Dated: April 23, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard Captain of the
Port Maryland-National Capital Region.
rulemaking entitled Drawbridge
Operation Regulation; Hackensack
River, Jersey City, NJ in the Federal
Register (84 FR 69687). No comments
were received in response to the NPRM.
[FR Doc. 2020–09082 Filed 5–1–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2019–0892]
RIN 1625–AA09
Drawbridge Operation Regulation;
Hackensack River, Jersey City, NJ
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
Route 1 & 9 Bridge, mile 1.8, and Route
7 Bridge, mile 3.1, both crossing the
Hackensack River, at Jersey City, NJ.
The bridge owner, New Jersey
Department of Transportation (NJDOT),
submitted a request to allow two hours
advance notice for nighttime transits
due to infrequent bridge openings. This
final rule would align the advance
notice requirement for the PATH Bridge
at mile 3.0.
DATES: This rule is effective June 3,
2020.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2019–0892 in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Ms. Judy Leung-Yee, First Coast
Guard District, Project Officer,
telephone 212–514–4336, email
Judy.K.Leung-Yee@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On December 19, 2019, the Coast
Guard published a notice of proposed
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under the authority of 33 U.S.C. 499.
The Route 1 & 9 Bridge at mile 1.8 over
the Hackensack River at Jersey City,
New Jersey, has a vertical clearance of
35 feet at mean high water and 40 feet
at mean low water. Horizontal clearance
is approximately 200 feet. The waterway
users include recreational and
commercial vessels including tugboat/
barge combinations.
The Route 7 Bridge at mile 3.1 over
the Hackensack River at Jersey City,
New Jersey, has a vertical clearance of
35 feet at mean high water and 40 feet
at mean low water. Horizontal clearance
is approximately 158 feet. The waterway
users include recreational and
commercial vessels including tugboat/
barge combinations.
The existing regulation, 33 CFR 117.5,
requires both bridges open on signal at
all times. NJDOT has requested that
overnight hours between 11 p.m. and 7
a.m. be modified to two hours advance
notice. This rule change will allow for
more efficient and economic operation
of the bridge while meeting the
reasonable needs of navigation.
The bridge logs show that between 11
p.m. and 7 a.m., the Route 1 & 9 Bridge
had 27 annual openings in 2017, 12
annual openings in 2018, and 16 annual
openings in 2019. During the subject
hours, the Route 7 Bridge had 16 annual
openings in 2017, 1 annual opening in
2018, and 0 annual openings in 2019.
IV. Discussion of Comments, Changes
and the Final Rule
The Coast Guard provided 60 days for
comment regarding this rule and no
comments were received.
There are no changes in the regulatory
text of this rule from the proposed rule
in the NPRM.
The final rule provides both Route 1
& 9 and Route 7 Bridges shall open on
signal; except that, from 11 p.m. to 7
a.m., the draw shall open on signal if at
least two hours advance notice is given
by calling the number posted at the
bridge. It is the Coast Guard’s opinion
that the rule meets the reasonable needs
of marine traffic.
V. Regulatory Analyses
The Coast Guard has developed this
rule after considering numerous statutes
and Executive Orders related to
rulemaking. Below we summarize our
analyses based on a number of these
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statutes and Executive Orders, and we
discuss First Amendment rights of
protesters.
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, it 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.
The Coast Guard believes this rule is
not a significant regulatory action. The
bridge will still open for all vessel traffic
after a two-hour advance notice is given
during overnight periods. We believe
that this change to the drawbridge
operation regulations at 33 CFR 117.723
will meet the reasonable needs of
navigation.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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 rule. The bridges provide 35 feet
of vertical clearance at mean high water
that should accommodate all the present
vessel traffic except deep draft vessels.
The bridge will continue to open on
signal for any vessel, except between 11
p.m. and 7 a.m., when a two-hour
advance notice will be required. 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 bridge
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
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]]>Agencies
[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
[Rules and Regulations]
[Pages 26355-26358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09082]
=======================================================================
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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 regulation prohibits 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.
DATES: This rule is effective from 6:45 a.m. to 10:15 a.m. on June 6,
2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0084 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
[[Page 26356]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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 Information and Regulatory History
Charcot Marie Tooth Association and Therapies for Inherited
Neuropathies of Trappe, MD, notified the Coast Guard that from 7:45
a.m. to 9:15 a.m. on June 6, 2020, it will be conducting the swim
portion of the Oxford Funathlon in the Tred Avon River along a 1200-
meter course that starts at the ferry dock in Bellevue, MD, and
finishes at the Tred Avon Yacht Club in Oxford, MD. In response, on
February 14, 2020, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Special Local Regulation; Tred Avon River,
Between Bellevue and Oxford, MD'' (85 FR 8504). There we stated why we
issued the NPRM, and invited comments on our proposed regulatory action
related to this fireworks display. During the comment period that ended
March 16, 2020, 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.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Maryland-
National Capital Region (COTP) has determined that potential hazards
associated with the swim will 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 rule is to
protect event participants, non-participants, and transiting vessels in
the regulated area 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 14, 2020. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes special local regulations from 6:45 a.m. to
10:15 a.m. on June 6, 2020. The regulated area will 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 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 scheduled 7:45 a.m. to 9:15 a.m. open water swim. The
COTP and the Coast Guard Patrol Commander (PATCOM) will 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 will be required to get permission from the
COTP or PATCOM before entering the regulated area. Vessel operators
will be able to 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 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
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 non-participants while within the
regulated area.
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 Tred Avon River for 3.5 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
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
safety zone 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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees
[[Page 26357]]
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.
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, 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 determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area lasting for 3.5 hours. It is
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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. 100.T05-0084 to read as follows:
Sec. 100.T05-0084 Oxford Funathlon, Tred Avon River, Between Bellvue
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 26358]]
Dated: April 23, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard Captain of the Port Maryland-National Capital
Region.
[FR Doc. 2020-09082 Filed 5-1-20; 8:45 am]
BILLING CODE 9110-04-P
