[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Proposed Rules]
[Pages 41029-41032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17762]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0577]
RIN 1625-AA08


Special Local Regulation; Choptank River, Talbot and Dorchester 
Counties, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local 
regulations for certain navigable waters of the Choptank River. This 
action is necessary to provide for the safety of life on these waters 
near Oxford, MD, from October 7, 2018, through October 15, 2018, during 
a sailboat regatta. This proposed rule would prohibit persons and 
vessels from being in the regulated area unless authorized by the 
Captain of the Port Maryland-National Capital Region or the Coast Guard 
Patrol Commander. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 17, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0577 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mr. Ronald Houck, U.S. Coast Guard 
Sector Maryland-National Capital Region; telephone 410-576-2674, email 
<a href="/cdn-cgi/l/email-protection#95c7fafbf4f9f1bbd9bbddfae0f6fed5e0e6f6f2bbf8fcf9"><span class="__cf_email__" data-cfemail="c597aaaba4a9a1eb89eb8daab0a6ae85b0b6a6a2eba8aca9">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On February 13, 2018, the Tred Avon Yacht Club of Oxford, MD, 
notified the Coast Guard through submission of a marine event 
application that it is planning to conduct a sailboat regatta from 
October 5, 2018, through October 15, 2018, the 2018 Star World 
Championship. Race activities on navigable waters are planned each 
afternoon of the regatta beginning on October 7th. The regatta consists 
of approximately 100 2-person, 23-foot long International Star Class 
sailboats. These vessels will operate along a designated and marked 2.5 
nautical mile long course. The course is located on the Choptank River, 
in Talbot and Dorchester Counties, near Oxford, MD. Hazards from the 
sailboat regatta include participants operating within and adjacent to 
a designated navigation channel and interfering with vessels intending 
to operate within that channel, as well as injury to persons and damage 
to property that involve

[[Page 41030]]

vessel mishaps during sailboat regattas conducted on navigable waters. 
The Captain of the Port Maryland-National Capital Region (COTP) has 
determined that potential hazards associated with the sailboat regatta 
would be a safety concern for anyone intending to operate in or near 
the race area.
    The purpose of this rulemaking is to protect event participants, 
spectators, and transiting vessels on waters in and near the race area 
before, during, and after the scheduled event. The Coast Guard proposes 
this rulemaking under authority in 33 U.S.C. 1233, which authorizes the 
Coast Guard to establish special local regulations to promote the 
safety of life on navigable waters during regattas or marine parades.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region is proposing to establish 
special local regulations that would be enforced from 11:30 a.m. until 
5:30 p.m., each day, from October 7, 2018, through October 15, 2018. 
The proposed regulated area is rectangular in shape, measuring 
approximately six nautical miles in length by four nautical miles in 
width. The area would cover all navigable waters of the Choptank River, 
within an area bounded by the following coordinates: commencing at 
latitude 38[deg]41'39.02'' N, longitude 076[deg]11'19.18'' W, thence 
south to latitude 38[deg]37'28.68'' N, longitude 076[deg]11'19.18'' W, 
thence west to latitude 38[deg]37'28.68'' N, longitude 
076[deg]18'18.35'' W, thence north to latitude 38[deg]41'39027'' N, 
longitude 076[deg]18'18.35'' W, thence east to point of origin, located 
near Oxford, MD.
    This proposed rule provides additional information about an area 
within the regulated area, the ``Race Area'', and its definition.
    The proposed duration of the special local regulations and size of 
the regulated area are intended to ensure the safety of life on these 
navigable waters before, during, and after races, scheduled from noon 
until 5 p.m. on October 7, 8, 9, 10, 11, 12, 13, 14, and 15, 2018. The 
COTP and PATCOM would have authority to forbid and control the movement 
of vessels and persons, including event participants, in the regulated 
area. When hailed or signaled by an official patrol, a vessel or person 
in the regulated area would be required to immediately comply with 
directions given by the COTP or PATCOM. If a person or vessel fails to 
follow such directions, the Coast Guard may expel them from the area, 
issue them a citation for failure to comply, or both.
    Except for 2018 Star World Championship participants, a vessel or 
person would be required to get permission from the COTP or PATCOM 
before entering the regulated area. Vessel operators can request 
permission to enter and transit through the regulated area by 
contacting the PATCOM on VHF-FM channel 16. Vessel traffic would be 
able to safely transit the regulated area once the PATCOM deems it safe 
to do so. A person or vessel not registered with the event sponsor as a 
participant or assigned as official patrols would be considered a 
spectator. Official Patrols are any vessel assigned or approved by the 
Commander, Coast Guard Sector Maryland-National Capital Region with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    If permission is granted permission by the COTP or PATCOM, a person 
or vessel would be allowed to enter the regulated area or pass directly 
through the regulated area as instructed. Vessels would be required to 
operate at a safe speed that minimizes wake while within the regulated 
area. Official patrol vessels will direct spectator vessels while 
within the regulated area. Vessels would be prohibited from loitering 
within the navigable channel.
    The regulatory text we are proposing appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, duration 
and location of the regulated area. Vessel traffic would be able to 
safely transit around this regulated area, which would impact a small 
designated area of the Choptank River for 54 hours. The Coast Guard 
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the status of the regulated area. Moreover, the rule would allow 
vessels to seek permission to enter the regulated area, and vessel 
traffic would be able to safely transit the regulated area once the 
PATCOM deems it safe to do so.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

[[Page 41031]]

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This proposed rule involves implementation of regulations 
within 33 CFR part 100 applicable to organized marine events on the 
navigable waters of the United States. The temporary regulated area 
that would be enforced daily during a nine-day period during the 
sailboat regatta.. Normally such actions are categorically excluded 
from further review under paragraph L61 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Memorandum For 
Record for Categorically Excluded Actions supporting this determination 
is available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0577 to read as follows:


Sec.  100.501T05-0577   Special Local Regulation; Choptank River, 
Talbot and Dorchester Counties, MD.

    (a) Definitions. As used in this section:
    Captain of the Port (COTP) Maryland-National Capital Region means 
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region 
or any Coast Guard commissioned, warrant or petty officer who has been 
authorized by the COTP to act on the COTP's behalf.
    Coast Guard Patrol Commander (PATCOM) means a commissioned, 
warrant, or petty officer of the U.S. Coast Guard who has been 
designated by the Commander, Coast Guard Sector Maryland-National 
Capital Region.
    Official Patrol means a vessel assigned or approved by the 
Commander, Coast Guard Sector Maryland-National Capital Region with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    Participant means a person or vessel registered with the event 
sponsor as participating in the 2018 Star World Championship regatta or 
otherwise designated by the regatta's sponsor as having a function tied 
to the event.
    Spectator means a person or vessel not registered with the event 
sponsor as a participant or assigned as an official patrol.
    (b) Locations. All coordinates reference Datum NAD 1983.
    (1) Regulated area. All navigable waters of the Choptank River, 
bounded by a line connecting the following coordinates: Commencing at 
latitude 38[deg]41'39.02'' N, longitude 076[deg]11'19.18'' W, thence 
south to latitude 38[deg]37'28.68'' N, longitude 076[deg]11'19.18'' W, 
thence west to latitude 38[deg]37'28.68'' N, longitude 
076[deg]18'18.35'' W, thence north to latitude 38[deg]41'39027'' N, 
longitude 076[deg]18'18.35'' W, thence east to point of origin, located 
near Oxford, MD. The

[[Page 41032]]

following location is within the regulated area:
    (2) Race Area. The race area is a circle in shape with its center 
located at position latitude 38[deg]39'48.00'' N, longitude 
076[deg]15'03.42'' W. The area is bounded by a line measuring 
approximately 2.5 nautical miles in diameter.
    (c) Special local regulations: (1) The COTP Maryland-National 
Capital Region or PATCOM may forbid and control the movement of all 
vessels and persons, including event participants, in the regulated 
area. When hailed or signaled by an official patrol, a vessel or person 
in the regulated area must immediately comply with the directions given 
by the patrol. Failure to do so may result in the Coast Guard expelling 
the person or vessel from the area, issuing a citation for failure to 
comply, or both. The COTP Maryland-National Capital Region or PATCOM 
may terminate the event, or a participant's operations at any time the 
COTP Maryland-National Capital Region or PATCOM believes it necessary 
to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person 
or vessel within the regulated area at the start of enforcement of this 
section must immediately depart the regulated area.
    (3) A spectator must contact the PATCOM to request permission to 
either enter or pass through the regulated area. The PATCOM, and 
official patrol vessels enforcing this regulated area, can be contacted 
on marine band radio VHF-FM channel 16 (156.8 MHz) and channel 22A 
(157.1 MHz). If permission is granted, the spectator may enter the 
regulated area or pass directly through the regulated area as 
instructed by PATCOM. A vessel within the regulated area must operate 
at a safe speed that minimizes wake. A spectator vessel must not loiter 
within the navigable channel while within the regulated area.
    (4) Only participant vessels and official patrol vessels are 
allowed to enter the race area.
    (5) A person or vessel that desires to transit, moor, or anchor 
within the regulated area must first obtain authorization from the COTP 
Maryland-National Capital Region or PATCOM. A person or vessel seeking 
such permission can contact the PATCOM on Marine Band Radio, VHF-FM 
channel 16 (156.8 MHz).
    (6) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue a marine information 
broadcast on VHF-FM marine band radio announcing specific event date 
and times.
    (d) Enforcement periods. This section will be enforced during each 
of the following times:
    (1) From 11:30 a.m. until 5:30 p.m. on October 7, 2018.
    (2) From 11:30 a.m. until 5:30 p.m. on October 8, 2018.
    (3) From 11:30 a.m. until 5:30 p.m. on October 9, 2018.
    (4) From 11:30 a.m. until 5:30 p.m. on October 10, 2018.
    (5) From 11:30 a.m. until 5:30 p.m. on October 11, 2018.
    (6) From 11:30 a.m. until 5:30 p.m. on October 12, 2018.
    (7) From 11:30 a.m. until 5:30 p.m. on October 13, 2018.
    (8) From 11:30 a.m. until 5:30 p.m. on October 14, 2018.
    (9) From 11:30 a.m. until 5:30 p.m. on October 15, 2018.

    Dated: August 13, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-17762 Filed 8-16-18; 8:45 am]
 BILLING CODE 9110-04-P


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