82_FR_14547 82 FR 14494 - Special Local Regulation; Corsica River, Queen Anne's County, MD

82 FR 14494 - Special Local Regulation; Corsica River, Queen Anne's County, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 53 (March 21, 2017)

Page Range14494-14496
FR Document2017-05544

The Coast Guard proposes to establish special local regulations for certain waters of the Corsica River. This action is necessary to provide for the safety of life on the navigable waters located in Queen Anne's County, MD during a rowing event on April 22, 2017. If necessary, due to inclement weather, the event will be rescheduled to April 23, 2017. This proposed rulemaking would prohibit persons and vessels from entering the regulated area unless authorized by the Captain of the Port Maryland-National Capital Region or the Coast Guard Patrol Commander. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 53 (Tuesday, March 21, 2017)
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Proposed Rules]
[Pages 14494-14496]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05544]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0168]
RIN 1625-AA08


Special Local Regulation; Corsica River, Queen Anne's County, 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 waters of the Corsica River. This action is 
necessary to provide for the safety of life on the navigable waters 
located in Queen Anne's County, MD during a rowing event on April 22, 
2017. If necessary, due to inclement weather, the event will be 
rescheduled to April 23, 2017. This proposed rulemaking would prohibit 
persons and vessels from entering the regulated area unless authorized 
by the Captain of the Port Maryland-National Capital Region or the 
Coast Guard Patrol Commander. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 20, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0168 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 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On February 16, 2017, The Gunston School of Centreville, MD 
notified the Coast Guard that it will be conducting a rowing regatta 
from 8 a.m. until 2 p.m. on April 22, 2017, and if necessary, due to 
inclement weather, from 8 a.m. until 2 p.m. on April 23, 2017. The high 
school rowing event consists of approximately 30 participants competing 
on a designated 1500-meter distance course in the Corsica River that 
starts at Rocky Point and finishes at Jacobs Nose near Centreville, MD. 
Hazards from the rowing competition include participants operating 
within and adjacent to the designated navigation channel and 
interfering with vessels intending to operate within that channel, as 
well as rowing within approaches to local public and private marinas 
and boat facilities. The COTP Maryland-National Capital Region has 
determined that potential hazards associated with the rowing event 
would be a safety concern for anyone intending to participate in this 
event or for vessels that operate within specified waters of the 
Corsica River in Queen Anne's County, MD.
    The purpose of this rulemaking is to protect event participants, 
spectators and transiting vessels on specified waters of the Corsica 
River before, during, and after the scheduled event.
    The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1233, which authorize the Coast Guard to establish and define 
special local regulations.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish 
special local regulations from 7:30 a.m. until 2:30 p.m. on April 22, 
2017, and if necessary, due to inclement weather, from 7:30 a.m. until 
2:30 p.m. on April 23, 2017. The regulated area would include all 
navigable waters of the Corsica River, from shoreline to shoreline, 
within an area bounded on the east by a line drawn from latitude 
39[deg]04'32'' N., longitude 076[deg]05'20'' W., thence south to 
latitude 39[deg]04'07'' N., longitude 076[deg]05'20'' W., and bounded 
on the west by a line drawn from latitude 39[deg]04'59'' N., longitude 
076[deg]06'30'' W., thence south to latitude 39[deg]04'44'' N., 
longitude 076[deg]06'30'' W., located near Centreville, MD. The 
duration of the regulated area is intended to ensure the safety of 
event participants and vessels within the specified navigable waters 
before, during, and after the scheduled 8 a.m. until 2 p.m. rowing 
competition. Except for The Gunston Invitational participants, no 
vessel or person would be permitted to enter the regulated area without 
obtaining permission from the COTP Maryland-National Capital Region or 
the Coast Guard Patrol Commander. 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 (E.O.s) related to rulemaking. Below we summarize 
our analyses based on a number of these statutes and E.O.s, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly,

[[Page 14495]]

the NPRM has not been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size and 
duration of the regulated area, which would impact a small designated 
area of the Corsica River for 7 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 vessel 
operators to request permission to enter the regulated area for the 
purpose of safely transiting the regulated area if deemed safe to do so 
by the Coast Guard Patrol Commander.

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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 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 above.

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 Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves 
implementation of regulations within 33 CFR part 100 applicable to 
organized marine events on the navigable waters of the United States 
that may negatively impact the safety of waterway users and shore side 
activities within the event area. This category of marine event water 
activities includes but is not limited to sail boat regattas, boat 
parades, power boat racing, swimming events, crew racing, canoe and 
sail board racing. Normally such actions are categorically excluded 
from further review under paragraph 34(h) of Figure 2-1 of Commandant 
Instruction M16475.lD. A preliminary environmental analysis checklist 
and Categorical Exclusion Determination are 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, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online

[[Page 14496]]

docket at http://www.regulations.gov and can be viewed by following 
that Web site'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.

0
2. Add Sec.  100.35-T05-0168 to read as follows:


Sec.  100.501-T05-0168  Special Local Regulation; Corsica River, Queen 
Anne's County, MD.

    (a) Definitions. (1) Captain of the Port 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 Captain of the Port to act on 
his behalf.
    (2) Coast Guard Patrol Commander 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.
    (3) 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.
    (4) Participant means all persons and vessels participating in The 
Gunston Invitational event under the auspices of the Marine Event 
Permit issued to the event sponsor and approved by Commander, Coast 
Guard Sector Maryland-National Capital Region.
    (b) Regulated area. The following location is a regulated area: All 
navigable waters of the Corsica River, from shoreline to shoreline, 
within an area bounded on the east by a line drawn from latitude 
39[deg]04'32'' N., longitude 076[deg]05'20'' W., thence south to 
latitude 39[deg]04'07'' N., longitude 076[deg]05'20'' W., and bounded 
on the west by a line drawn from latitude 39[deg]04'59'' N., longitude 
076[deg]06'30'' W., thence south to latitude 39[deg]04'44'' N., 
longitude 076[deg]06'30'' W., located near Centreville, MD. All 
coordinates reference Datum NAD 1983.
    (c) Special local regulations. (1) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels and persons, 
including event participants, in the regulated area. When hailed or 
signaled by an official patrol, a vessel or person in the regulated 
area shall immediately comply with the directions given. Failure to do 
so may result in expulsion from the area, citation for failure to 
comply, or both. The Coast Guard Patrol Commander may terminate the 
event, or the operation of any support vessel participating in the 
event, at any time it is deemed necessary for the protection of life or 
property.
    (2) Except for participants and vessels already at berth, all 
persons and vessels within the regulated area at the time it is 
implemented shall depart the regulated area.
    (3) Persons and vessels desiring to transit, moor, or anchor within 
the regulated area must obtain authorization from Captain of the Port 
Maryland-National Capital Region or Coast Guard Patrol Commander. Prior 
to the enforcement period, vessel operators may request permission to 
transit, moor, or anchor within the regulated area from Captain of the 
Port Maryland-National Capital Region at telephone number 410-576-2693 
or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). During the 
enforcement period, persons or vessel operators may request permission 
to transit, moor, or anchor within the regulated area from the Coast 
Guard Patrol Commander on Marine Band Radio, VHF-FM channel 16 (156.8 
MHz).
    (4) The Coast Guard may be assisted with marine event patrol and 
enforcement of the regulated area by other Federal, State, and local 
agencies. The Coast Guard Patrol Commander 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).
    (5) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue a marine information 
broadcast on VHF-FM marine band radio announcing specific event date 
and times.
    (d) Enforcement period. This section will be enforced from 7:30 
a.m. until 2:30 p.m. on April 22, 2017, and if necessary, due to 
inclement weather, from 7:30 a.m. until 2:30 p.m. on April 23, 2017.

    Dated: March 15, 2017.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2017-05544 Filed 3-20-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                    14494                    Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Proposed Rules

                                                    necessary under the provisions of the                   Port Maryland-National Capital Region                   The purpose of this rulemaking is to
                                                    Unfunded Mandates Reform Act of                         or the Coast Guard Patrol Commander.                  protect event participants, spectators
                                                    1995, 2 U.S.C. 1532.                                    We invite your comments on this                       and transiting vessels on specified
                                                                                                            proposed rulemaking.                                  waters of the Corsica River before,
                                                    Regulatory Flexibility Act
                                                                                                            DATES: Comments and related material                  during, and after the scheduled event.
                                                      The Administrator, in accordance                      must be received by the Coast Guard on                  The Coast Guard proposes this
                                                    with the Regulatory Flexibility Act (5                  or before April 20, 2017.                             rulemaking under authority in 33 U.S.C.
                                                    U.S.C. 601–612) (RFA), has reviewed                                                                           1233, which authorize the Coast Guard
                                                    this proposed rule and by approving it                  ADDRESSES: You may submit comments                    to establish and define special local
                                                    certifies that the rule will not, if                    identified by docket number USCG–                     regulations.
                                                    promulgated, have a significant                         2017–0168 using the Federal
                                                                                                            eRulemaking Portal at http://                         III. Discussion of Proposed Rule
                                                    economic impact on a substantial
                                                    number of small entities. There are                     www.regulations.gov. See the ‘‘Public                    The COTP Maryland-National Capital
                                                    nearly 1.7 million DEA registrations, of                Participation and Request for                         Region proposes to establish special
                                                    which, a large majority either are held                 Comments’’ portion of the                             local regulations from 7:30 a.m. until
                                                    by small entities or are those employed                 SUPPLEMENTARY INFORMATION section for                 2:30 p.m. on April 22, 2017, and if
                                                    by small entities. As discussed above,                  further instructions on submitting                    necessary, due to inclement weather,
                                                    the DEA estimates the estimated annual                  comments.                                             from 7:30 a.m. until 2:30 p.m. on April
                                                    cost of $3.8 million is offset by                       FOR FURTHER INFORMATION CONTACT:   If                 23, 2017. The regulated area would
                                                    reprioritization of other DCFA                          you have questions about this proposed                include all navigable waters of the
                                                    expenditures, resulting in a net zero                   rulemaking, call or email Mr. Ronald                  Corsica River, from shoreline to
                                                    economic effect and no impact on                        Houck, U.S. Coast Guard Sector                        shoreline, within an area bounded on
                                                    registration fees for any registrants.                  Maryland-National Capital Region;                     the east by a line drawn from latitude
                                                    Therefore, the DEA estimates that the                   telephone 410–576–2674, email                         39°04′32″ N., longitude 076°05′20″ W.,
                                                    rule will not, if promulgated, have a                   Ronald.L.Houck@uscg.mil.                              thence south to latitude 39°04′07″ N.,
                                                    significant effect on a substantial                                                                           longitude 076°05′20″ W., and bounded
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    number of these small entities.                                                                               on the west by a line drawn from
                                                                                                            I. Table of Abbreviations                             latitude 39°04′59″ N., longitude
                                                    Paperwork Reduction Act of 1995                                                                               076°06′30″ W., thence south to latitude
                                                                                                            CFR Code of Federal Regulations
                                                      This action does not impose a new                     COTP Captain of the Port                              39°04′44″ N., longitude 076°06′30″ W.,
                                                    collection of information requirement                   DHS Department of Homeland Security                   located near Centreville, MD. The
                                                    under the Paperwork Reduction Act of                    E.O. Executive order                                  duration of the regulated area is
                                                    1995. 44 U.S.C. 3501–3521                               FR Federal Register                                   intended to ensure the safety of event
                                                      Dated: March 11, 2017.                                NPRM Notice of proposed rulemaking                    participants and vessels within the
                                                                                                            Pub. L. Public Law                                    specified navigable waters before,
                                                    Chuck Rosenberg,                                        § Section                                             during, and after the scheduled 8 a.m.
                                                    Acting Administrator.                                   U.S.C. United States Code                             until 2 p.m. rowing competition. Except
                                                    [FR Doc. 2017–05396 Filed 3–20–17; 8:45 am]
                                                                                                            II. Background, Purpose, and Legal                    for The Gunston Invitational
                                                    BILLING CODE 4410–09–P                                                                                        participants, no vessel or person would
                                                                                                            Basis
                                                                                                                                                                  be permitted to enter the regulated area
                                                                                                               On February 16, 2017, The Gunston                  without obtaining permission from the
                                                    DEPARTMENT OF HOMELAND                                  School of Centreville, MD notified the                COTP Maryland-National Capital
                                                    SECURITY                                                Coast Guard that it will be conducting                Region or the Coast Guard Patrol
                                                                                                            a rowing regatta from 8 a.m. until 2 p.m.             Commander. The regulatory text we are
                                                    Coast Guard                                             on April 22, 2017, and if necessary, due              proposing appears at the end of this
                                                                                                            to inclement weather, from 8 a.m. until               document.
                                                    33 CFR Part 100                                         2 p.m. on April 23, 2017. The high
                                                                                                            school rowing event consists of                       IV. Regulatory Analyses
                                                    [Docket Number USCG–2017–0168]
                                                                                                            approximately 30 participants                           We developed this proposed rule after
                                                    RIN 1625–AA08                                           competing on a designated 1500-meter                  considering numerous statutes and
                                                                                                            distance course in the Corsica River that             Executive orders (E.O.s) related to
                                                    Special Local Regulation; Corsica                       starts at Rocky Point and finishes at                 rulemaking. Below we summarize our
                                                    River, Queen Anne’s County, MD                          Jacobs Nose near Centreville, MD.                     analyses based on a number of these
                                                    AGENCY:   Coast Guard, DHS.                             Hazards from the rowing competition                   statutes and E.O.s, and we discuss First
                                                    ACTION:   Notice of proposed rulemaking.                include participants operating within                 Amendment rights of protestors.
                                                                                                            and adjacent to the designated
                                                    SUMMARY:    The Coast Guard proposes to                 navigation channel and interfering with               A. Regulatory Planning and Review
                                                    establish special local regulations for                 vessels intending to operate within that                 E.O.s 12866 and 13563 direct agencies
                                                    certain waters of the Corsica River. This               channel, as well as rowing within                     to assess the costs and benefits of
                                                    action is necessary to provide for the                  approaches to local public and private                available regulatory alternatives and, if
                                                    safety of life on the navigable waters                  marinas and boat facilities. The COTP                 regulation is necessary, to select
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    located in Queen Anne’s County, MD                      Maryland-National Capital Region has                  regulatory approaches that maximize
                                                    during a rowing event on April 22,                      determined that potential hazards                     net benefits. E.O. 13563 emphasizes the
                                                    2017. If necessary, due to inclement                    associated with the rowing event would                importance of quantifying both costs
                                                    weather, the event will be rescheduled                  be a safety concern for anyone intending              and benefits, of reducing costs, of
                                                    to April 23, 2017. This proposed                        to participate in this event or for vessels           harmonizing rules, and of promoting
                                                    rulemaking would prohibit persons and                   that operate within specified waters of               flexibility. This NPRM has not been
                                                    vessels from entering the regulated area                the Corsica River in Queen Anne’s                     designated a ‘‘significant regulatory
                                                    unless authorized by the Captain of the                 County, MD.                                           action,’’ under E.O. 12866. Accordingly,


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                                                                            Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Proposed Rules                                           14495

                                                    the NPRM has not been reviewed by the                   the Paperwork Reduction Act of 1995                   that may negatively impact the safety of
                                                    Office of Management and Budget.                        (44 U.S.C. 3501–3520).                                waterway users and shore side activities
                                                       This regulatory action determination                                                                       within the event area. This category of
                                                    is based on the size and duration of the                D. Federalism and Indian Tribal
                                                                                                                                                                  marine event water activities includes
                                                    regulated area, which would impact a                    Governments
                                                                                                                                                                  but is not limited to sail boat regattas,
                                                    small designated area of the Corsica                       A rule has implications for federalism             boat parades, power boat racing,
                                                    River for 7 hours. The Coast Guard                      under E.O. 13132, Federalism, if it has               swimming events, crew racing, canoe
                                                    would issue a Broadcast Notice to                       a substantial direct effect on the States,            and sail board racing. Normally such
                                                    Mariners via VHF–FM marine channel                      on the relationship between the national              actions are categorically excluded from
                                                    16 about the status of the regulated area.              government and the States, or on the                  further review under paragraph 34(h) of
                                                    Moreover, the rule would allow vessel                   distribution of power and                             Figure 2–1 of Commandant Instruction
                                                    operators to request permission to enter                responsibilities among the various                    M16475.lD. A preliminary
                                                    the regulated area for the purpose of                   levels of government. We have analyzed                environmental analysis checklist and
                                                    safely transiting the regulated area if                 this proposed rule under that Order and               Categorical Exclusion Determination are
                                                    deemed safe to do so by the Coast Guard                 have determined that it is consistent                 available in the docket where indicated
                                                    Patrol Commander.                                       with the fundamental federalism                       under ADDRESSES. We seek any
                                                                                                            principles and preemption requirements                comments or information that may lead
                                                    B. Impact on Small Entities                             described in E.O. 13132.                              to the discovery of a significant
                                                       The Regulatory Flexibility Act of                       Also, this proposed rule does not have             environmental impact from this
                                                    1980, 5 U.S.C. 601–612, as amended,                     tribal implications under E.O. 13175,                 proposed rule.
                                                    requires Federal agencies to consider                   Consultation and Coordination with
                                                    the potential impact of regulations on                  Indian Tribal Governments, because it                 G. Protest Activities
                                                    small entities during rulemaking. The                   would not have a substantial direct                     The Coast Guard respects the First
                                                    term ‘‘small entities’’ comprises small                 effect on one or more Indian tribes, on               Amendment rights of protesters.
                                                    businesses, not-for-profit organizations                the relationship between the Federal                  Protesters are asked to contact the
                                                    that are independently owned and                        Government and Indian tribes, or on the               person listed in the FOR FURTHER
                                                    operated and are not dominant in their                  distribution of power and                             INFORMATION CONTACT section to
                                                    fields, and governmental jurisdictions                  responsibilities between the Federal                  coordinate protest activities so that your
                                                    with populations of less than 50,000.                   Government and Indian tribes. If you                  message can be received without
                                                    The Coast Guard certifies under 5 U.S.C.                believe this proposed rule has                        jeopardizing the safety or security of
                                                    605(b) that this proposed rule would not                implications for federalism or Indian                 people, places, or vessels.
                                                    have a significant economic impact on                   tribes, please contact the person listed
                                                                                                                                                                  V. Public Participation and Request for
                                                    a substantial number of small entities.                 in the FOR FURTHER INFORMATION
                                                       While some owners or operators of                                                                          Comments
                                                                                                            CONTACT section above.
                                                    vessels intending to transit the regulated                                                                       We view public participation as
                                                                                                            E. Unfunded Mandates Reform Act                       essential to effective rulemaking, and
                                                    area may be small entities, for the
                                                    reasons stated in section IV.A above this                  The Unfunded Mandates Reform Act                   will consider all comments and material
                                                    proposed rule would not have a                          of 1995 (2 U.S.C. 1531–1538) requires                 received during the comment period.
                                                    significant economic impact on any                      Federal agencies to assess the effects of             Your comment can help shape the
                                                    vessel owner or operator.                               their discretionary regulatory actions. In            outcome of this rulemaking. If you
                                                       If you think that your business,                     particular, the Act addresses actions                 submit a comment, please include the
                                                    organization, or governmental                           that may result in the expenditure by a               docket number for this rulemaking,
                                                    jurisdiction qualifies as a small entity                State, local, or tribal government, in the            indicate the specific section of this
                                                    and that this rule would have a                         aggregate, or by the private sector of                document to which each comment
                                                    significant economic impact on it,                      $100,000,000 (adjusted for inflation) or              applies, and provide a reason for
                                                    please submit a comment (see                            more in any one year. Though this                     each suggestion or recommendation.
                                                    ADDRESSES) explaining why you think it                  proposed rule would not result in such                   We encourage you to submit
                                                    qualifies and how and to what degree                    an expenditure, we do discuss the                     comments through the Federal
                                                    this rule would economically affect it.                 effects of this rule elsewhere in this                eRulemaking Portal at http://
                                                       Under section 213(a) of the Small                    preamble.                                             www.regulations.gov. If your material
                                                    Business Regulatory Enforcement                                                                               cannot be submitted using http://
                                                                                                            F. Environment
                                                    Fairness Act of 1996 (Pub. L. 104–121),                                                                       www.regulations.gov, contact the person
                                                    we want to assist small entities in                       We have analyzed this proposed rule                 in the FOR FURTHER INFORMATION
                                                    understanding this proposed rule. If the                under Department of Homeland                          CONTACT section of this document for
                                                    rule would affect your small business,                  Security Management Directive 023–01                  alternate instructions.
                                                    organization, or governmental                           and Commandant Instruction                               We accept anonymous comments. All
                                                    jurisdiction and you have questions                     M16475.lD, which guide the Coast                      comments received will be posted
                                                    concerning its provisions or options for                Guard in complying with the National                  without change to http://
                                                    compliance, please contact the person                   Environmental Policy Act of 1969 (42                  www.regulations.gov and will include
                                                    listed in the FOR FURTHER INFORMATION                   U.S.C. 4321–4370f), and have made a                   any personal information you have
                                                    CONTACT section. The Coast Guard will                   preliminary determination that this                   provided. For more about privacy and
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                                                    not retaliate against small entities that               action is one of a category of actions that           the docket, you may review a Privacy
                                                    question or complain about this                         do not individually or cumulatively                   Act notice regarding the Federal Docket
                                                    proposed rule or any policy or action of                have a significant effect on the human                Management System in the March 24,
                                                    the Coast Guard.                                        environment. This proposed rule                       2005, issue of the Federal Register (70
                                                                                                            involves implementation of regulations                FR 15086).
                                                    C. Collection of Information                            within 33 CFR part 100 applicable to                     Documents mentioned in this NPRM
                                                      This proposed rule would not call for                 organized marine events on the                        as being available in the docket, and all
                                                    a new collection of information under                   navigable waters of the United States                 public comments, will be in our online


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                                                    14496                   Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Proposed Rules

                                                    docket at http://www.regulations.gov                    MD. All coordinates reference Datum                     Dated: March 15, 2017.
                                                    and can be viewed by following that                     NAD 1983.                                             Lonnie P. Harrison, Jr.,
                                                    Web site’s instructions. Additionally, if                  (c) Special local regulations. (1) The             Captain, U.S. Coast Guard, Captain of the
                                                    you go to the online docket and sign up                 Coast Guard Patrol Commander may                      Port Maryland-National Capital Region.
                                                    for email alerts, you will be notified                  forbid and control the movement of all                [FR Doc. 2017–05544 Filed 3–20–17; 8:45 am]
                                                    when comments are posted or a final                     vessels and persons, including event                  BILLING CODE 9110–04–P
                                                    rule is published.                                      participants, in the regulated area.
                                                    List of Subjects in 33 CFR Part 100                     When hailed or signaled by an official
                                                                                                            patrol, a vessel or person in the                     ENVIRONMENTAL PROTECTION
                                                      Marine safety, Navigation (water),                    regulated area shall immediately                      AGENCY
                                                    Reporting and recordkeeping
                                                                                                            comply with the directions given.
                                                    requirements, Waterways.                                                                                      40 CFR Part 52
                                                                                                            Failure to do so may result in expulsion
                                                      For the reasons discussed in the                      from the area, citation for failure to                [EPA–R09–OAR–2017–0034; FRL–9958–93–
                                                    preamble, the Coast Guard proposes to                   comply, or both. The Coast Guard Patrol               Region 9]
                                                    amend 33 CFR part 100 as follows:                       Commander may terminate the event, or
                                                                                                            the operation of any support vessel                   Approval of California Air Plan
                                                    PART 100—SAFETY OF LIFE ON                                                                                    Revisions, San Joaquin Valley Unified
                                                                                                            participating in the event, at any time it
                                                    NAVIGABLE WATERS                                                                                              Air Pollution Control District
                                                                                                            is deemed necessary for the protection
                                                    ■ 1. The authority citation for part 100                of life or property.                                  AGENCY:  Environmental Protection
                                                    continues to read as follows:                              (2) Except for participants and vessels            Agency (EPA).
                                                        Authority: 33 U.S.C. 1233.                          already at berth, all persons and vessels             ACTION: Proposed rule.
                                                                                                            within the regulated area at the time it
                                                    ■ 2. Add § 100.35–T05–0168 to read as                   is implemented shall depart the                       SUMMARY:    The Environmental Protection
                                                    follows:                                                regulated area.                                       Agency (EPA) is proposing to approve a
                                                    § 100.501–T05–0168 Special Local                           (3) Persons and vessels desiring to                revision to the San Joaquin Valley
                                                    Regulation; Corsica River, Queen Anne’s                 transit, moor, or anchor within the                   Unified Air Pollution Control District
                                                    County, MD.                                             regulated area must obtain authorization              (SJVUAPCD) portion of the California
                                                      (a) Definitions. (1) Captain of the Port              from Captain of the Port Maryland-                    State Implementation Plan (SIP). This
                                                    Maryland-National Capital Region                        National Capital Region or Coast Guard                revision concerns emissions of oxides of
                                                    means the Commander, U.S. Coast                         Patrol Commander. Prior to the                        nitrogen (NOX) and particulate matter
                                                    Guard Sector Maryland-National Capital                  enforcement period, vessel operators                  (PM) from boilers, steam generators, and
                                                    Region or any Coast Guard                               may request permission to transit, moor,              process heaters. We are proposing to
                                                    commissioned, warrant or petty officer                  or anchor within the regulated area from              approve revisions to a local rule to
                                                    who has been authorized by the Captain                  Captain of the Port Maryland-National                 regulate these emission sources under
                                                    of the Port to act on his behalf.                       Capital Region at telephone number                    the Clean Air Act (CAA or the Act). We
                                                      (2) Coast Guard Patrol Commander                      410–576–2693 or on Marine Band                        are taking comments on this proposal
                                                    means a commissioned, warrant, or                       Radio, VHF–FM channel 16 (156.8                       and plan to follow with a final action.
                                                    petty officer of the U.S. Coast Guard                   MHz). During the enforcement period,                  DATES: Any comments must arrive by
                                                    who has been designated by the                          persons or vessel operators may request               April 20, 2017.
                                                    Commander, Coast Guard Sector                           permission to transit, moor, or anchor                ADDRESSES: Submit your comments,
                                                    Maryland-National Capital Region.                       within the regulated area from the Coast              identified by Docket ID No. EPA–R09–
                                                      (3) Official Patrol means any vessel                  Guard Patrol Commander on Marine                      OAR–2017–0034 at http://
                                                    assigned or approved by Commander,                      Band Radio, VHF–FM channel 16 (156.8                  www.regulations.gov, or via email to
                                                    Coast Guard Sector Maryland-National                    MHz).                                                 Andrew Steckel, Rulemaking Office
                                                    Capital Region with a commissioned,                        (4) The Coast Guard may be assisted                Chief at Steckel.Andrew@epa.gov. For
                                                    warrant, or petty officer on board and                  with marine event patrol and                          comments submitted at Regulations.gov,
                                                    displaying a Coast Guard ensign.                        enforcement of the regulated area by                  follow the online instructions for
                                                      (4) Participant means all persons and                 other Federal, State, and local agencies.             submitting comments. Once submitted,
                                                    vessels participating in The Gunston                    The Coast Guard Patrol Commander and                  comments cannot be removed or edited
                                                    Invitational event under the auspices of                official patrol vessels enforcing this                from Regulations.gov. For either manner
                                                    the Marine Event Permit issued to the                   regulated area can be contacted on                    of submission, the EPA may publish any
                                                    event sponsor and approved by                           marine band radio VHF–FM channel 16                   comment received to its public docket.
                                                    Commander, Coast Guard Sector                           (156.8 MHz) and channel 22A (157.1                    Do not submit electronically any
                                                    Maryland-National Capital Region.                       MHz).                                                 information you consider to be
                                                       (b) Regulated area. The following                                                                          Confidential Business Information (CBI)
                                                    location is a regulated area: All                          (5) The Coast Guard will publish a                 or other information whose disclosure is
                                                    navigable waters of the Corsica River,                  notice in the Fifth Coast Guard District              restricted by statute. Multimedia
                                                    from shoreline to shoreline, within an                  Local Notice to Mariners and issue a                  submissions (audio, video, etc.) must be
                                                    area bounded on the east by a line                      marine information broadcast on VHF–                  accompanied by a written comment.
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                                                    drawn from latitude 39°04′32″ N.,                       FM marine band radio announcing                       The written comment is considered the
                                                    longitude 076°05′20″ W., thence south                   specific event date and times.                        official comment and should include
                                                    to latitude 39°04′07″ N., longitude                        (d) Enforcement period. This section               discussion of all points you wish to
                                                    076°05′20″ W., and bounded on the west                  will be enforced from 7:30 a.m. until                 make. The EPA will generally not
                                                    by a line drawn from latitude 39°04′59″                 2:30 p.m. on April 22, 2017, and if                   consider comments or comment
                                                    N., longitude 076°06′30″ W., thence                     necessary, due to inclement weather,                  contents located outside of the primary
                                                    south to latitude 39°04′44″ N., longitude               from 7:30 a.m. until 2:30 p.m. on April               submission (i.e. on the web, cloud, or
                                                    076°06′30″ W., located near Centreville,                23, 2017.                                             other file sharing system). For


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Document Created: 2017-03-21 01:09:27
Document Modified: 2017-03-21 01:09:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before April 20, 2017.
ContactIf 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 [email protected]
FR Citation82 FR 14494 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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