Special Local Regulation; Choptank River, Between Trappe and Cambridge, MD, 24326-24328 [2021-09564]
Download as PDF
<![CDATA[
24326
Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Rules and Regulations
to consider the impact of their proposals
on small entities, consider alternatives
to minimize that impact, and solicit
public comment on their analyses. The
RFA requires the assessment of the
impact of a regulation on a wide range
of small entities, including small
businesses, not-for-profit organizations,
and small governmental jurisdictions.
Accordingly, the Department examined
this withdrawal to determine whether it
will have a significant economic impact
on a substantial number of small
entities.
The most recent data on private sector
entities at the time this NPRM was
drafted are from the 2017 Statistics of
U.S. Businesses (SUSB), which reports
5,996,900 private firms and 7,860,674
private establishments with paid
employees.216 Of these, 5,976,761 firms
and 6,512,802 establishments have
fewer than 500 employees. The perentity cost for small business employers
is the regulatory familiarization cost of
$8.43, or the fully loaded mean hourly
wage of a Compensation, Benefits, and
Job Analysis Specialist ($50.60)
multiplied by 1⁄6 hour (ten minutes).
Because this cost is minimal for small
business entities, and well below one
percent of their gross annual revenues,
which is typically at least $100,000 per
year for the smallest businesses, the
Department certifies that this
withdrawal will not have a significant
economic impact on a substantial
number of small entities.
khammond on DSKJM1Z7X2PROD with RULES
VI. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (UMRA) 217 requires agencies to
prepare a written statement for rules
with a federal mandate that may result
in increased expenditures by state,
local, and tribal governments, in the
aggregate, or by the private sector, of
$165 million ($100 million in 1995
dollars adjusted for inflation) or more in
at least one year.218 This statement
must: (1) Identify the authorizing
legislation; (2) present the estimated
costs and benefits of the rule and, to the
extent that such estimates are feasible
and relevant, its estimated effects on the
national economy; (3) summarize and
evaluate state, local, and tribal
government input; and (4) identify
reasonable alternatives and select, or
216 Statistics of U.S. Businesses 2017, https://
www.census.gov/data/tables/2017/econ/susb/2017susb-annual.html, 2016 SUSB Annual Data Tables
by Establishment Industry.
217 See 2 U.S.C. 1501.
218 Calculated using growth in the Gross Domestic
Product deflator from 1995 to 2019. Bureau of
Economic Analysis. Table 1.1.9. Implicit Price
Deflators for Gross Domestic Product.
VerDate Sep<11>2014
16:26 May 05, 2021
Jkt 253001
explain the non-selection, of the least
costly, most cost-effective, or least
burdensome alternative. This
withdrawal is not expected to result in
increased expenditures by the private
sector or by state, local, and tribal
governments of $165 million or more in
any one year.
VII. Executive Order 13132, Federalism
The Department has (1) reviewed this
proposed withdrawal in accordance
with Executive Order 13132 regarding
federalism and (2) determined that it
does not have federalism implications.
The Independent Contractor Rule’s
withdrawal will not have substantial
direct effects 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.
VIII. Executive Order 13175, Indian
Tribal Governments
This withdrawal will not have
substantial direct effects 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.
Signed this 30th day of April, 2021.
Jessica Looman,
Principal Deputy Administrator, Wage and
Hour Division.
[FR Doc. 2021–09518 Filed 5–5–21; 8:45 am]
BILLING CODE 4510–27–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0103]
RIN 1625–AA08
Special Local Regulation; Choptank
River, Between Trappe and Cambridge,
MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing special local regulations for
certain waters of the Choptank River.
This action is necessary to provide for
the safety of life on these navigable
waters located between Trappe, Talbot
County, MD, and Cambridge, Dorchester
County, MD, during a swim event on
May 16, 2021. This regulation prohibits
persons and vessels from being in the
regulated area unless authorized by the
SUMMARY:
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
Captain of the Port Maryland-National
Capital Region or Coast Guard Patrol
Commander.
This rule is effective from 6 a.m.
through 10:30 a.m. on May 16, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0103 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 MST2 Shaun Landante, U.S. Coast
Guard Sector Maryland-National Capital
Region; telephone 410–576–2570, email
D05-DG-SectorMD-NCR-MarineEvents@
uscg.mil.
DATES:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On February 15, 2021, the TCR Event
Management of St. Michaels, MD,
notified the Coast Guard that it will be
conducting the Maryland Freedom
Swim from 7 a.m. to 9:30 a.m. on May
16, 2021. The open water swim consists
of approximately 200 participants
competing on a designated 1.75-mile
linear course. The course 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 March
18, 2021, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled ‘‘Special Local Regulation;
Choptank River, Between Trappe and
Cambridge, MD’’ (86 FR 14714). There
we stated why we issued the NPRM,
and invited comments on our proposed
regulatory action related to this swim
event. During the comment period that
ended April 19, 2021, we received no
comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Due to the date of the event,
it would be impracticable to make the
E:\FR\FM\06MYR1.SGM
06MYR1
Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Rules and Regulations
regulation effective 30 days after
publication in the Federal Register.
Delaying the effective date date of this
rule would be impracticable and
contrary to the public interest because
immediate action is needed to respond
to the potential safety hazards
associated with the ‘‘Maryland Freedom
Swim’’ event.
khammond on DSKJM1Z7X2PROD with RULES
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
Captain of the Port Maryland-National
Capital Region (COTP) has determined
that potential hazards associated with
the swim event 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,
non-participants, and transiting vessels
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
March 18, 2021. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a special local
regulation to be enforced from 6 a.m. to
10:30 a.m. on May 16, 2021. 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, 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
event, scheduled from 7 a.m. until 9:30
a.m. on May 16, 2021.
Except for participants and vessels
already at berth, a vessel or person will
be required to get permission from the
COTP or Event PATCOM before
entering the regulated area. Vessel
operators can request permission to
enter and transit through the regulated
area by contacting the Event PATCOM
on VHF–FM channel 16. Vessel traffic
will be able to safely transit the
regulated area once the Event 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 will be considered a nonparticipant. Official Patrols are any
VerDate Sep<11>2014
16:26 May 05, 2021
Jkt 253001
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 Event 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.
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).
This regulatory action determination
is based on the size, duration and
location of the regulated area. Vessel
traffic will be able to safely transit
around this regulated area, which would
impact a small designated area of the
Choptank River for 41⁄2 hours. The Coast
Guard will issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the status of the regulated area.
Moreover, the rule will allow vessels to
seek permission to enter the regulated
area, and vessel traffic will be able to
safely transit the regulated area once the
Event 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
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
24327
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 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
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
E:\FR\FM\06MYR1.SGM
06MYR1
24328
Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Rules and Regulations
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. The temporary
regulated area will be in effect for eight
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. A
Memorandum for the Record supporting
this determination is available in the
docket where indicated under
ADDRESSES.
khammond on DSKJM1Z7X2PROD with RULES
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:
VerDate Sep<11>2014
16:26 May 05, 2021
Jkt 253001
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.T599–0103 to read as
follows:
■
§ 100.T599–0103 Maryland Freedom Swim,
Choptank River, Between Trappe and
Cambridge, MD.
(a) Regulated area. The regulations in
this section apply to the following 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. 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
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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 a.m. to 10:30
a.m. on May 16, 2021.
Dated: April 29, 2021.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2021–09564 Filed 5–5–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9, 721, and 725
[EPA–HQ–OPPT–2018–0777; FRL–10023–
11]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances (19–1.F)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is issuing significant new
use rules (SNURs) under the Toxic
Substances Control Act (TSCA) for
chemical substances which were the
subject of premanufacture notices
(PMNs) and a microorganism that was
the subject of a Microbial Commercial
Activity Notice (MCAN). This action
requires persons to notify EPA at least
90 days before commencing
manufacture (defined by statute to
include import) or processing of any of
these chemical substances for an
activity that is designated as a
significant new use by this rule. This
action further requires that persons not
commence manufacture or processing
for the significant new use until they
have submitted a Significant New Use
Notice (SNUN), and EPA has conducted
a review of the notice, made an
appropriate determination on the notice,
and has taken any risk management
SUMMARY:
E:\FR\FM\06MYR1.SGM
06MYR1
]]>Agencies
[Federal Register Volume 86, Number 86 (Thursday, May 6, 2021)]
[Rules and Regulations]
[Pages 24326-24328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09564]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0103]
RIN 1625-AA08
Special Local Regulation; Choptank River, Between Trappe and
Cambridge, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing special local regulations for
certain waters of the Choptank River. This action is necessary to
provide for the safety of life on these navigable waters located
between Trappe, Talbot County, MD, and Cambridge, Dorchester County,
MD, during a swim event on May 16, 2021. 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 6 a.m. through 10:30 a.m. on May 16,
2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0103 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 MST2 Shaun Landante, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone 410-576-2570, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On February 15, 2021, the TCR Event Management of St. Michaels, MD,
notified the Coast Guard that it will be conducting the Maryland
Freedom Swim from 7 a.m. to 9:30 a.m. on May 16, 2021. The open water
swim consists of approximately 200 participants competing on a
designated 1.75-mile linear course. The course 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 March 18, 2021, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Special Local Regulation; Choptank
River, Between Trappe and Cambridge, MD'' (86 FR 14714). There we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this swim event. During the comment period
that ended April 19, 2021, we received no comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the date of the event, it
would be impracticable to make the
[[Page 24327]]
regulation effective 30 days after publication in the Federal Register.
Delaying the effective date date of this rule would be impracticable
and contrary to the public interest because immediate action is needed
to respond to the potential safety hazards associated with the
``Maryland Freedom Swim'' event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Maryland-National Capital Region (COTP)
has determined that potential hazards associated with the swim event
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,
non-participants, and transiting vessels 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 March
18, 2021. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a special local regulation to be enforced
from 6 a.m. to 10:30 a.m. on May 16, 2021. 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, 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
event, scheduled from 7 a.m. until 9:30 a.m. on May 16, 2021.
Except for participants and vessels already at berth, a vessel or
person will be required to get permission from the COTP or Event PATCOM
before entering the regulated area. Vessel operators can request
permission to enter and transit through the regulated area by
contacting the Event PATCOM on VHF-FM channel 16. Vessel traffic will
be able to safely transit the regulated area once the Event 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 will 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 Event 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. 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).
This regulatory action determination is based on the size, duration
and location of the regulated area. Vessel traffic will be able to
safely transit around this regulated area, which would impact a small
designated area of the Choptank River for 4\1/2\ hours. The Coast Guard
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the status of the regulated area. Moreover, the rule will allow
vessels to seek permission to enter the regulated area, and vessel
traffic will be able to safely transit the regulated area once the
Event 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 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 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
[[Page 24328]]
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.
The temporary regulated area will be in effect for eight 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. A
Memorandum for the Record 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 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.T599-0103 to read as follows:
Sec. 100.T599-0103 Maryland Freedom Swim, Choptank River, Between
Trappe and Cambridge, MD.
(a) Regulated area. The regulations in this section apply to the
following 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. 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 a.m.
to 10:30 a.m. on May 16, 2021.
Dated: April 29, 2021.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2021-09564 Filed 5-5-21; 8:45 am]
BILLING CODE 9110-04-P
