82_FR_18631 82 FR 18556 - Special Local Regulation; Tred Avon River, Between Bellevue, MD and Oxford, MD

82 FR 18556 - Special Local Regulation; Tred Avon River, Between Bellevue, MD and Oxford, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 75 (April 20, 2017)

Page Range18556-18558
FR Document2017-07957

The Coast Guard is establishing special local regulations for certain waters of the Tred Avon River. This action is necessary to provide for the safety of life on the navigable waters located between Bellevue, MD and Oxford, MD, during a swim event on June 10, 2017. This rulemaking will 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.

Federal Register, Volume 82 Issue 75 (Thursday, April 20, 2017)
[Federal Register Volume 82, Number 75 (Thursday, April 20, 2017)]
[Rules and Regulations]
[Pages 18556-18558]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07957]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0077]
RIN 1625-AA08


Special Local Regulation; Tred Avon River, Between Bellevue, MD 
and Oxford, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing special local regulations for 
certain waters of the Tred Avon River. This action is necessary to 
provide for the safety of life on the navigable waters located between 
Bellevue, MD and Oxford, MD, during a swim event on June 10, 2017. This 
rulemaking will 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.

DATES: This rule is effective from 8:30 a.m. on June 10, 2017, until 
11:30 a.m. on June 11, 2017. This rule will be enforced from 8:30 a.m. 
until 11:30 a.m. on June 10, 2017, and if necessary, due to inclement 
weather, from 8:30 a.m. until 11:30 a.m. on June 11, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0077 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 Mr. Ronald Houck, U.S. Coast Guard Sector Maryland-
National Capital Region, MD; telephone 410-576-2674, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On January 23, 2017, Charcot-Marie-Tooth Association of Trappe, MD 
notified the Coast Guard that it will be conducting the swim portion of 
the Oxford Biathlon from 9:30 a.m. until 10:30 a.m. on June 10, 2017. 
The event will be conducted on a designated 1,300-meter course that 
starts at the ferry dock at Bellevue, MD and finishes at the Tred Avon 
Yacht Club at Oxford, MD. On February 27, 2017, the Coast Guard 
published a notice of proposed rulemaking (NPRM) titled ``Special Local 
Regulation; Tred Avon River, between Bellevue, MD and Oxford, MD'' in 
the Federal Register (82 FR 11867). In the NPRM, we stated the purpose 
of the rulemaking and invited comments on the proposed regulatory 
action related to this swim event. During the comment period that ended 
March 29, 2017, we received 1 comment. No public meeting was requested, 
and none was held.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The COTP Maryland-National Capital Region has determined that 
potential hazards associated with the swim event on June 10, 2017, will 
be a safety concern for anyone intending to participate in this event 
or for vessels that operate within specified waters of the Tred Avon 
River between Bellevue, MD and Oxford, MD. The purpose of this rule is 
to protect event participants, spectators and transiting vessels on 
certain waters of the Tred Avon River before, during, and after the 
scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 1 comment on our NPRM published on 
February 27, 2017. There are no changes in the regulatory text of this 
rule from what was proposed in the NPRM.
    The commenter, an individual, stated support for the regulated 
area, that it's necessary because the concentration of swimmers in this 
case increases the likelihood of a boating accident. Additionally, the 
consequences would be a slight inconvenience for a small number of 
recreational boaters and nothing involving significant economic trade 
on the waterway.
    The Coast Guard agrees that this waterway restriction is necessary, 
however, should remain limited in scope and duration. The Coast Guard 
carefully considered its actions to enhance safety to event 
participants while minimizing restrictions on mariners on the Tred Avon 
River. For this event, enough notice has been provided for persons to 
schedule, coordinate and adjust their voyages, and the Coast Guard will 
only enforce the regulated area during the enforcement period.
    This rule establishes special local regulations from 8:30 a.m. 
until 11:30 a.m. on June 10, 2017, and if necessary, due to inclement 
weather, from 8:30 a.m. until 11:30 a.m. on June 11, 2017. The 
regulated area will include all navigable waters of the Tred Avon 
River, from shoreline to shoreline, within an area bounded on the east 
by a line drawn from latitude 38[deg]42'25'' N., longitude 
076[deg]10'45'' W., thence south to latitude 38[deg]41'37'' N., 
longitude 076[deg]10'26'' W., and bounded on the west by a line drawn 
from latitude 38[deg]41'58'' N., longitude 076[deg]11'04'' W., thence 
south to latitude 38[deg]41'25'' N., longitude 076[deg]10'49'' W., 
thence east to latitude 38[deg]41'25'' N., longitude 076[deg]10'30'' 
W., located at Oxford, MD. 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 event, 
currently scheduled to begin at 9:30 a.m. and last until 10:30 a.m. No 
vessel or person will be permitted to enter the regulated area without 
obtaining permission from the COTP Maryland-National Capital Region or 
the designated Coast Guard Patrol Commander, except for Oxford Biathlon 
participants.

V. Regulatory Analyses

    We developed this 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 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and

[[Page 18557]]

control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs''' (February 2, 2017).
    This regulatory action determination is based on the size and 
duration of the regulated area, which would impact a small designated 
area of the Tred Avon River for three 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 vessel 
operators to request permission to enter the regulated area for the 
purpose of safely transit the regulated area if deemed safe to do so by 
the COTP or designated 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 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.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact 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 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 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 rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes. If you believe this 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 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 
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 determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves implementation of regulations within 33 CFR part 100 
applicable to organized marine events on the navigable waters of the 
United States that 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. An environmental 
analysis checklist supporting this determination and a 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 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.

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:


[[Page 18558]]


    Authority:  33 U.S.C. 1233.

0
2. Add Sec.  100.501T05-0077 to read as follows:


Sec.  100.501T05-0077  Special Local Regulation; Tred Avon River, 
between Bellevue, MD and Oxford, 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 
Oxford Biathlon 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 Tred Avon River, from shoreline to shoreline, 
within an area bounded on the east by a line drawn from latitude 
38[deg]42'25'' N., longitude 076[deg]10'45'' W., thence south to 
latitude 38[deg]41'37'' N., longitude 076[deg]10'26'' W., and bounded 
on the west by a line drawn from latitude 38[deg]41'58'' N., longitude 
076[deg]11'04'' W., thence south to latitude 38[deg]41'25'' N., 
longitude 076[deg]10'49'' W., thence east to latitude 38[deg]41'25'' 
N., longitude 076[deg]10'30'' W., located at Oxford, MD. All 
coordinates reference Datum NAD 1983.
    (c) Special local regulations. (1) The COTP or 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, the 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) for direction.
    (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 8:30 
a.m. until 11:30 a.m. on June 10, 2017, and if necessary, due to 
inclement weather, from 8:30 a.m. until 11:30 a.m. on June 11, 2017.

    Dated: April 13, 2017.
Michael W. Batchelder,
Commander, U.S. Coast Guard, Acting Captain of the Port Maryland-
National Capital Region.
[FR Doc. 2017-07957 Filed 4-19-17; 8:45 am]
 BILLING CODE 9110-04-P



                                             18556              Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Rules and Regulations

                                               Issued in Washington, DC, on April 12,                II. Background Information and                        while minimizing restrictions on
                                             2017.                                                   Regulatory History                                    mariners on the Tred Avon River. For
                                             Gemechu Gelgelu,                                                                                              this event, enough notice has been
                                                                                                        On January 23, 2017, Charcot-Marie-
                                             Acting Manager, Airspace Policy Group.
                                                                                                     Tooth Association of Trappe, MD                       provided for persons to schedule,
                                             [FR Doc. 2017–07784 Filed 4–19–17; 8:45 am]             notified the Coast Guard that it will be              coordinate and adjust their voyages, and
                                                                                                                                                           the Coast Guard will only enforce the
                                             BILLING CODE 4910–13–P                                  conducting the swim portion of the
                                                                                                                                                           regulated area during the enforcement
                                                                                                     Oxford Biathlon from 9:30 a.m. until
                                                                                                                                                           period.
                                                                                                     10:30 a.m. on June 10, 2017. The event                   This rule establishes special local
                                             DEPARTMENT OF HOMELAND                                  will be conducted on a designated                     regulations from 8:30 a.m. until 11:30
                                             SECURITY                                                1,300-meter course that starts at the                 a.m. on June 10, 2017, and if necessary,
                                                                                                     ferry dock at Bellevue, MD and finishes               due to inclement weather, from 8:30
                                             Coast Guard                                             at the Tred Avon Yacht Club at Oxford,                a.m. until 11:30 a.m. on June 11, 2017.
                                                                                                     MD. On February 27, 2017, the Coast                   The regulated area will include all
                                             33 CFR Part 100                                         Guard published a notice of proposed                  navigable waters of the Tred Avon
                                             [Docket Number USCG–2017–0077]                          rulemaking (NPRM) titled ‘‘Special                    River, from shoreline to shoreline,
                                                                                                     Local Regulation; Tred Avon River,                    within an area bounded on the east by
                                             RIN 1625–AA08
                                                                                                     between Bellevue, MD and Oxford, MD’’                 a line drawn from latitude 38°42′25″ N.,
                                             Special Local Regulation; Tred Avon                     in the Federal Register (82 FR 11867).                longitude 076°10′45″ W., thence south
                                             River, Between Bellevue, MD and                         In the NPRM, we stated the purpose of                 to latitude 38°41′37″ N., longitude
                                             Oxford, MD                                              the rulemaking and invited comments                   076°10′26″ W., and bounded on the west
                                                                                                     on the proposed regulatory action                     by a line drawn from latitude 38°41′58″
                                             AGENCY:    Coast Guard, DHS.                            related to this swim event. During the                N., longitude 076°11′04″ W., thence
                                             ACTION:   Temporary final rule.                         comment period that ended March 29,                   south to latitude 38°41′25″ N., longitude
                                                                                                     2017, we received 1 comment. No                       076°10′49″ W., thence east to latitude
                                             SUMMARY:   The Coast Guard is                           public meeting was requested, and none                38°41′25″ N., longitude 076°10′30″ W.,
                                             establishing special local regulations for              was held.                                             located at Oxford, MD. The duration of
                                             certain waters of the Tred Avon River.                                                                        the regulated area is intended to ensure
                                             This action is necessary to provide for                 III. Legal Authority and Need for Rule
                                                                                                                                                           the safety of event participants and
                                             the safety of life on the navigable waters                The Coast Guard is issuing this rule                vessels within the specified navigable
                                             located between Bellevue, MD and                        under authority in 33 U.S.C. 1233. The                waters before, during, and after the
                                             Oxford, MD, during a swim event on                      COTP Maryland-National Capital                        event, currently scheduled to begin at
                                             June 10, 2017. This rulemaking will                     Region has determined that potential                  9:30 a.m. and last until 10:30 a.m. No
                                             prohibit persons and vessels from                       hazards associated with the swim event                vessel or person will be permitted to
                                             entering the regulated area unless                      on June 10, 2017, will be a safety                    enter the regulated area without
                                             authorized by the Captain of the Port                   concern for anyone intending to                       obtaining permission from the COTP
                                             Maryland-National Capital Region or the                 participate in this event or for vessels              Maryland-National Capital Region or the
                                             Coast Guard Patrol Commander.                           that operate within specified waters of               designated Coast Guard Patrol
                                             DATES: This rule is effective from 8:30                 the Tred Avon River between Bellevue,                 Commander, except for Oxford Biathlon
                                             a.m. on June 10, 2017, until 11:30 a.m.                 MD and Oxford, MD. The purpose of                     participants.
                                             on June 11, 2017. This rule will be                     this rule is to protect event participants,
                                             enforced from 8:30 a.m. until 11:30 a.m.                spectators and transiting vessels on                  V. Regulatory Analyses
                                             on June 10, 2017, and if necessary, due                 certain waters of the Tred Avon River                   We developed this rule after
                                             to inclement weather, from 8:30 a.m.                    before, during, and after the scheduled               considering numerous statutes and
                                             until 11:30 a.m. on June 11, 2017.                      event.                                                executive orders (E.O.s) related to
                                             ADDRESSES: To view documents                            IV. Discussion of Comments, Changes,                  rulemaking. Below we summarize our
                                             mentioned in this preamble as being                     and the Rule                                          analyses based on a number of these
                                             available in the docket, go to http://                                                                        statutes and E.O.s, and we discuss First
                                             www.regulations.gov, type USCG–2017–                       As noted above, we received 1                      Amendment rights of protestors.
                                             0077 in the ‘‘SEARCH’’ box and click                    comment on our NPRM published on
                                                                                                     February 27, 2017. There are no changes               A. Regulatory Planning and Review
                                             ‘‘SEARCH.’’ Click on Open Docket
                                             Folder on the line associated with this                 in the regulatory text of this rule from                 E.O.s 12866 (‘‘Regulatory Planning
                                             rule.                                                   what was proposed in the NPRM.                        and Review’’) and 13563 (‘‘Improving
                                                                                                        The commenter, an individual, stated               Regulation and Regulatory Review’’)
                                             FOR FURTHER INFORMATION CONTACT: If
                                                                                                     support for the regulated area, that it’s             direct agencies to assess the costs and
                                             you have questions on this rule, call or
                                                                                                     necessary because the concentration of                benefits of available regulatory
                                             email Mr. Ronald Houck, U.S. Coast
                                                                                                     swimmers in this case increases the                   alternatives and, if regulation is
                                             Guard Sector Maryland-National Capital
                                                                                                     likelihood of a boating accident.                     necessary, to select regulatory
                                             Region, MD; telephone 410–576–2674,
                                                                                                     Additionally, the consequences would                  approaches that maximize net benefits
                                             email Ronald.L.Houck@uscg.mil.
                                                                                                     be a slight inconvenience for a small                 including potential economic,
                                             SUPPLEMENTARY INFORMATION:                              number of recreational boaters and                    environmental, public health and safety
                                             I. Table of Abbreviations                               nothing involving significant economic                effects, distributive impacts, and equity.
pmangrum on DSK3GDR082PROD with RULES




                                                                                                     trade on the waterway.                                E.O. 13563 emphasizes the importance
                                             CFR Code of Federal Regulations                            The Coast Guard agrees that this                   of quantifying both costs and benefits, of
                                             COTP Captain of the Port
                                             DHS Department of Homeland Security
                                                                                                     waterway restriction is necessary,                    reducing costs, of harmonizing rules,
                                             FR Federal Register                                     however, should remain limited in                     and of promoting flexibility. Executive
                                             NPRM Notice of proposed rulemaking                      scope and duration. The Coast Guard                   Order 13771 (‘‘Reducing Regulation and
                                             § Section                                               carefully considered its actions to                   Controlling Regulatory Costs’’), directs
                                             U.S.C. United States Code                               enhance safety to event participants                  agencies to reduce regulation and


                                        VerDate Sep<11>2014   13:10 Apr 19, 2017   Jkt 241001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\20APR1.SGM   20APR1


                                                                Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Rules and Regulations                                         18557

                                             control regulatory costs and provides                   concerning its provisions or options for              $100,000,000 (adjusted for inflation) or
                                             that ‘‘for every one new regulation                     compliance, please contact the person                 more in any one year. Though this rule
                                             issued, at least two prior regulations be               listed in the FOR FURTHER INFORMATION                 will not result in such an expenditure,
                                             identified for elimination, and that the                CONTACT section.                                      we do discuss the effects of this rule
                                             cost of planned regulations be prudently                   Small businesses may send comments                 elsewhere in this preamble.
                                             managed and controlled through a                        on the actions of Federal employees
                                             budgeting process.’’                                    who enforce, or otherwise determine                   F. Environment
                                                The Office of Management and Budget                  compliance with, Federal regulations to                 We have analyzed this rule under
                                             (OMB) has not designated this rule a                    the Small Business and Agriculture                    Department of Homeland Security
                                             significant regulatory action under                     Regulatory Enforcement Ombudsman                      Management Directive 023–01 and
                                             section 3(f) of Executive Order 12866.                  and the Regional Small Business                       Commandant Instruction M16475.lD,
                                             Accordingly, the Office of Management                   Regulatory Fairness Boards. The                       which guide the Coast Guard in
                                             and Budget (OMB) has not reviewed it.                   Ombudsman evaluates these actions                     complying with the National
                                                As this rule is not a significant                    annually and rates each agency’s                      Environmental Policy Act of 1969 (42
                                             regulatory action, this rule is exempt                  responsiveness to small business. If you              U.S.C. 4321–4370f), and have
                                             from the requirements of Executive                      wish to comment on actions by                         determined that this action is one of a
                                             Order 13771. See OMB’s Memorandum                       employees of the Coast Guard, call 1–                 category of actions that do not
                                             titled ‘‘Interim Guidance Implementing                  888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a
                                             Section 2 of the Executive Order of                     Coast Guard will not retaliate against                significant effect on the human
                                             January 30, 2017 titled ‘Reducing                       small entities that question or complain              environment. This rule involves
                                             Regulation and Controlling Regulatory                   about this rule or any policy or action               implementation of regulations within 33
                                             Costs’’’ (February 2, 2017).                            of the Coast Guard.                                   CFR part 100 applicable to organized
                                                This regulatory action determination                                                                       marine events on the navigable waters
                                             is based on the size and duration of the                C. Collection of Information
                                                                                                                                                           of the United States that may negatively
                                             regulated area, which would impact a                      This rule will not call for a new                   impact the safety of waterway users and
                                             small designated area of the Tred Avon                  collection of information under the                   shore side activities within the event
                                             River for three hours. The Coast Guard                  Paperwork Reduction Act of 1995 (44                   area. This category of marine event
                                             will issue a Broadcast Notice to                        U.S.C. 3501–3520).                                    water activities includes but is not
                                             Mariners via VHF–FM marine channel                                                                            limited to sail boat regattas, boat
                                             16 about the status of the regulated area.              D. Federalism and Indian Tribal
                                                                                                     Governments                                           parades, power boat racing, swimming
                                             Moreover, the rule will allow vessel                                                                          events, crew racing, canoe and sail
                                             operators to request permission to enter                   A rule has implications for federalism             board racing. Normally such actions are
                                             the regulated area for the purpose of                   under E.O. 13132, Federalism, if it has               categorically excluded from further
                                             safely transit the regulated area if                    a substantial direct effect on the States,            review under paragraph 34(h) of Figure
                                             deemed safe to do so by the COTP or                     on the relationship between the national              2–1 of Commandant Instruction
                                             designated Coast Guard Patrol                           government and the States, or on the                  M16475.lD. An environmental analysis
                                             Commander.                                              distribution of power and                             checklist supporting this determination
                                                                                                     responsibilities among the various                    and a Categorical Exclusion
                                             B. Impact on Small Entities                             levels of government. We have analyzed                Determination are available in the
                                                The Regulatory Flexibility Act of                    this rule under that Order and have                   docket where indicated under
                                             1980, 5 U.S.C. 601–612, as amended,                     determined that it is consistent with the             ADDRESSES. We seek any comments or
                                             requires Federal agencies to consider                   fundamental federalism principles and                 information that may lead to the
                                             the potential impact of regulations on                  preemption requirements described in                  discovery of a significant environmental
                                             small entities during rulemaking. The                   E.O. 13132.                                           impact from this rule.
                                             term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal
                                             businesses, not-for-profit organizations                implications under E.O. 13175,                        G. Protest Activities
                                             that are independently owned and                        Consultation and Coordination with                      The Coast Guard respects the First
                                             operated and are not dominant in their                  Indian Tribal Governments, because it                 Amendment rights of protesters.
                                             fields, and governmental jurisdictions                  does not have a substantial direct effect             Protesters are asked to contact the
                                             with populations of less than 50,000.                   on one or more Indian tribes, on the                  person listed in the FOR FURTHER
                                             The Coast Guard certifies under 5 U.S.C.                relationship between the Federal                      INFORMATION CONTACT section to
                                             605(b) that this rule will not have a                   Government and Indian tribes, or on the               coordinate protest activities so that your
                                             significant economic impact on a                        distribution of power and                             message can be received without
                                             substantial number of small entities.                   responsibilities between the Federal                  jeopardizing the safety or security of
                                                While some owners or operators of                    Government and Indian tribes. If you                  people, places or vessels.
                                             vessels intending to transit the regulated              believe this rule has implications for
                                             area may be small entities, for the                     federalism or Indian tribes, please                   List of Subjects in 33 CFR Part 100
                                             reasons stated in section V.A above, this               contact the person listed in the FOR                    Marine safety, Navigation (water),
                                             rule will not have a significant                        FURTHER INFORMATION CONTACT section.                  Reporting and recordkeeping
                                             economic impact on any vessel owner                                                                           requirements, Waterways.
                                             or operator.                                            E. Unfunded Mandates Reform Act
                                                                                                                                                             For the reasons discussed in the
                                                Under section 213(a) of the Small                      The Unfunded Mandates Reform Act
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                                                                                                                                                           preamble, the Coast Guard amends 33
                                             Business Regulatory Enforcement                         of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                                                                           CFR part 100 as follows:
                                             Fairness Act of 1996 (Pub. L. 104–121),                 Federal agencies to assess the effects of
                                             we want to assist small entities in                     their discretionary regulatory actions. In            PART 100—SAFETY OF LIFE ON
                                             understanding this rule. If the rule                    particular, the Act addresses actions                 NAVIGABLE WATERS
                                             would affect your small business,                       that may result in the expenditure by a
                                             organization, or governmental                           State, local, or tribal government, in the            ■ 1. The authority citation for part 100
                                             jurisdiction and you have questions                     aggregate, or by the private sector of                continues to read as follows:


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                                             18558              Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Rules and Regulations

                                                 Authority: 33 U.S.C. 1233.                          within the regulated area at the time it              DEPARTMENT OF HOMELAND
                                             ■ 2. Add § 100.501T05–0077 to read as                   is implemented shall depart the                       SECURITY
                                             follows:                                                regulated area.
                                                                                                                                                           Coast Guard
                                             § 100.501T05–0077 Special Local                            (3) Persons and vessels desiring to
                                             Regulation; Tred Avon River, between                    transit, moor, or anchor within the                   33 CFR Part 165
                                             Bellevue, MD and Oxford, MD.                            regulated area must obtain authorization
                                                (a) Definitions. (1) Captain of the Port             from Captain of the Port Maryland-                    [Docket No. USCG–2017–0227]
                                             Maryland-National Capital Region                        National Capital Region or Coast Guard                RIN 1625–AA00
                                             means the Commander, U.S. Coast                         Patrol Commander. Prior to the
                                             Guard Sector Maryland-National Capital                  enforcement period, vessel operators                  Safety Zone; Annual Events Requiring
                                             Region or any Coast Guard                               may request permission to transit, moor,              Safety Zones in the Captain of the Port
                                             commissioned, warrant or petty officer                  or anchor within the regulated area                   Lake Michigan Zone—Rockets for
                                             who has been authorized by the Captain                  from, the Captain of the Port Maryland-               Schools Rocket Launch
                                             of the Port to act on his behalf.                       National Capital Region at telephone
                                                (2) Coast Guard Patrol Commander                                                                           AGENCY:  Coast Guard, DHS.
                                                                                                     number 410–576–2693 or on Marine                      ACTION: Notice of enforcement of
                                             means a commissioned, warrant, or                       Band Radio, VHF–FM channel 16 (156.8
                                             petty officer of the U.S. Coast Guard                                                                         regulation.
                                                                                                     MHz). During the enforcement period,
                                             who has been designated by the                                                                                SUMMARY:   The Coast Guard will enforce
                                                                                                     persons or vessel operators may request
                                             Commander, Coast Guard Sector                                                                                 the safety zone on the Sheboygan
                                                                                                     permission to transit, moor, or anchor
                                             Maryland-National Capital Region.                                                                             Harbor, near the Sheboygan South Pier
                                                (3) Official Patrol means any vessel                 within the regulated area from, the
                                                                                                     Coast Guard Patrol Commander on                       in Sheboygan, WI for the Rockets for
                                             assigned or approved by Commander,                                                                            Schools Rocket Launch on May 13,
                                             Coast Guard Sector Maryland-National                    Marine Band Radio, VHF–FM channel
                                                                                                     16 (156.8 MHz) for direction.                         2017. This action is necessary and
                                             Capital Region with a commissioned,                                                                           intended to ensure safety of life on
                                             warrant, or petty officer on board and                     (4) The Coast Guard may be assisted                navigable waters immediately prior to,
                                             displaying a Coast Guard ensign.                        with marine event patrol and                          during, and after the rocket launch.
                                                (4) Participant means all persons and                enforcement of the regulated area by                  During the aforementioned period, the
                                             vessels participating in the Oxford                     other Federal, State, and local agencies.             Coast Guard will enforce restrictions
                                             Biathlon event under the auspices of the                The Coast Guard Patrol Commander and                  upon, and control movement of, vessels
                                             Marine Event Permit issued to the event                 official patrol vessels enforcing this                in the safety zone. No person or vessel
                                             sponsor and approved by Commander,                      regulated area can be contacted on                    may enter the safety zone while it is
                                             Coast Guard Sector Maryland-National                    marine band radio VHF–FM channel 16                   being enforced without permission of
                                             Capital Region.                                         (156.8 MHz) and channel 22A (157.1                    the Captain of the Port Lake Michigan
                                                (b) Regulated area. The following
                                                                                                     MHz).                                                 or a designated representative.
                                             location is a regulated area: All
                                             navigable waters of the Tred Avon                          (5) The Coast Guard will publish a                 DATES: The regulations in 33 CFR
                                             River, from shoreline to shoreline,                     notice in the Fifth Coast Guard District              165.929 will be enforced for safety zone
                                             within an area bounded on the east by                   Local Notice to Mariners and issue a                  (c)(3), Table 165.929, from 8:45 a.m.
                                             a line drawn from latitude 38°42′25″ N.,                marine information broadcast on VHF–                  until 4:15 p.m. on May 13, 2017.
                                             longitude 076°10′45″ W., thence south                   FM marine band radio announcing                       FOR FURTHER INFORMATION CONTACT: If
                                             to latitude 38°41′37″ N., longitude                     specific event date and times.                        you have questions on this document,
                                             076°10′26″ W., and bounded on the west                                                                        call or email MST1 Kaleena D. Carpino,
                                                                                                        (d) Enforcement period. This section               marine event coordinator, Prevention
                                             by a line drawn from latitude 38°41′58″                 will be enforced from 8:30 a.m. until
                                             N., longitude 076°11′04″ W., thence                                                                           Department, Coast Guard Sector Lake
                                                                                                     11:30 a.m. on June 10, 2017, and if                   Michigan, Milwaukee, WI at (414) 747–
                                             south to latitude 38°41′25″ N., longitude
                                                                                                     necessary, due to inclement weather,                  7148, email D09-SMB-
                                             076°10′49″ W., thence east to latitude
                                                                                                     from 8:30 a.m. until 11:30 a.m. on June               SECLakeMichigan-WWM@uscg.mil.
                                             38°41′25″ N., longitude 076°10′30″ W.,
                                             located at Oxford, MD. All coordinates                  11, 2017.                                             SUPPLEMENTARY INFORMATION: The Coast
                                             reference Datum NAD 1983.                                 Dated: April 13, 2017.                              Guard will enforce the Rockets for
                                                (c) Special local regulations. (1) The               Michael W. Batchelder,                                School Rocket Launch safety zone listed
                                             COTP or Coast Guard Patrol                              Commander, U.S. Coast Guard, Acting
                                                                                                                                                           as item (c)(3) in Table 165.929 of 33 CFR
                                             Commander may forbid and control the                    Captain of the Port Maryland-National                 165.929. Section 165.929 lists many
                                             movement of all vessels and persons,                    Capital Region.                                       annual events requiring safety zones in
                                             including event participants, in the                    [FR Doc. 2017–07957 Filed 4–19–17; 8:45 am]
                                                                                                                                                           the Captain of the Port Lake Michigan
                                             regulated area. When hailed or signaled                                                                       zone. This safety zone will encompass
                                                                                                     BILLING CODE 9110–04–P
                                             by an official patrol, a vessel or person                                                                     all waters of the Sheboygan Harbor
                                             in the regulated area shall immediately                                                                       within the arc of a circle with a 1500-
                                             comply with the directions given.                                                                             yard radius from a center point launch
                                             Failure to do so may result in expulsion                                                                      position at 43°44.914′ N., 087°41.869′
                                             from the area, citation for failure to                                                                        W. (NAD 83). As specified in 33 CFR
                                             comply, or both. The Coast Guard Patrol                                                                       165.929, all vessels must obtain
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                                             Commander may terminate the event, or                                                                         permission from the Captain of the Port
                                             the operation of any support vessel                                                                           Lake Michigan or a designated
                                             participating in the event, at any time it                                                                    representative to enter, move within, or
                                             is deemed necessary for the protection                                                                        exit the safety zone when it is enforced.
                                             of life or property.                                                                                          Vessels and persons granted permission
                                                (2) Except for participants and vessels                                                                    to enter the safety zone must obey all
                                             already at berth, all persons and vessels                                                                     lawful orders or directions of the


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Document Created: 2017-04-20 01:42:36
Document Modified: 2017-04-20 01:42:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8:30 a.m. on June 10, 2017, until 11:30 a.m. on June 11, 2017. This rule will be enforced from 8:30 a.m. until 11:30 a.m. on June 10, 2017, and if necessary, due to inclement weather, from 8:30 a.m. until 11:30 a.m. on June 11, 2017.
ContactIf you have questions on this rule, call or email Mr. Ronald Houck, U.S. Coast Guard Sector Maryland- National Capital Region, MD; telephone 410-576-2674, email [email protected]
FR Citation82 FR 18556 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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