83 FR 14381 - Special Local Regulation; Tred Avon River, Between Bellevue, MD and Oxford, MD
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 65 (April 4, 2018)
Coast Guard
Federal Register Volume 83, Issue 65 (April 4, 2018)
| Page Range | 14381-14384 | |
| FR Document | 2018-06845 |
[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)] [Proposed Rules] [Pages 14381-14384] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06845] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2018-0088] RIN 1625-AA08 Special Local Regulation; Tred Avon River, Between Bellevue, MD and Oxford, MD AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish 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 9, 2018. If necessary, due to inclement weather, the event will be rescheduled to June 10, 2018. 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 May 4, 2018. ADDRESSES: You may submit comments identified by docket number USCG- 2018-0088 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 Sec. Section U.S.C. United States Code II. Background, Purpose, and Legal Basis On June 13, 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 9:15 a.m. until 10:15 a.m. on June 9, 2018, and if necessary, due to inclement weather, from 9:15 a.m. until 10:15 a.m. on June 10, 2018. The swim consists of approximately 30 participants competing on a designated 1300-meter course that starts at the ferry dock at Bellevue, MD and finishes at the Tred Avon Yacht Club at Oxford, MD. Hazards from the swim competition include participants swimming within and adjacent to the designated navigation channel and interfering with vessels intending to operate within that channel, as well as swimming within approaches to public and private marinas and public boat facilities. The COTP Maryland-National Capital Region has determined that potential hazards associated with the swim would 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 rulemaking is to protect event participants, spectators and transiting vessels on specified waters of the Tred Avon 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 [[Page 14382]] 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 8:30 a.m. until 11 a.m. on June 9, 2018, and if necessary, due to inclement weather, from 8:30 a.m. until 11 a.m. on June 10, 2018. The regulated area would 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 scheduled 9:15 a.m. to 10:15 a.m. swim. Except for Oxford Biathlon 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 related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size and duration of the regulated area, which would impact a small designated area of the Tred Avon River for 2\1/2\ 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 Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security 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 could negatively impact the safety [[Page 14383]] of waterway users and shore side activities in the event area lasting for 2\1/2\ hours. The category of 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 L[61] of Appendix A, Table 1 of DHS Instruction Manual 023- 01-001-01, Rev. 01. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS 0 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233. 0 2. Add Sec. 100.501T05-0088 to read as follows: Sec. 100.501T05-0088 Special Local Regulation, Tred Avon River, between Bellevue, MD and Oxford, MD. (a) Definitions. As used in this section: (1) Captain of the Port (COTP) Maryland-National Capital Region means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region or any Coast Guard commissioned, warrant or petty officer who has been authorized by the COTP to act on his behalf. (2) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the U.S. Coast Guard who has been designated as such 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) Location. 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 the COTP 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 COTP 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). 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). (4) 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. (d) Enforcement officials. The Coast Guard may be assisted with marine event patrol and enforcement of the regulated area by other Federal, State, and local agencies. (e) Enforcement period. This section will be enforced from 8:30 a.m. until 11 a.m. on June 9, 2018, and if necessary, due to inclement weather, from 8:30 a.m. until 11 a.m. on June 10, 2018. [[Page 14384]] Dated: March 29, 2018. Lonnie P. Harrison, Jr., Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2018-06845 Filed 4-3-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Proposed Rules 14381
This action would decrease the considered before a final determination ADDRESSES: You may submit comments
assessment rate collected from handlers is made on this rule. identified by docket number USCG–
for the 2018 and subsequent fiscal years. 2018–0088 using the Federal
List of Subjects in 7 CFR Part 932
Assessments are applied uniformly on eRulemaking Portal at http://
all handlers, and some of the costs may Marketing agreements, Olives, www.regulations.gov. See the ‘‘Public
be passed on to producers. However, Reporting and recordkeeping Participation and Request for
decreasing the assessment rate would requirements. Comments’’ portion of the
reduce the burden on handlers, and may For the reasons set forth in the SUPPLEMENTARY INFORMATION section for
reduce the burden on producers. preamble, 7 CFR part 932 is proposed to further instructions on submitting
In addition, the Committee’s meeting be amended as follows: comments.
was widely publicized throughout the
PART 932—OLIVES GROWN IN FOR FURTHER INFORMATION CONTACT: If
production area. The olive industry and
CALIFORNIA you have questions about this proposed
all interested persons were invited to
rulemaking, call or email Mr. Ronald
attend the meeting and participate in
■ 1. The authority citation for 7 CFR Houck, U.S. Coast Guard Sector
Committee deliberations on all issues.
part 932 continues to read as follows: Maryland-National Capital Region;
Like all Committee meetings, the
telephone 410–576–2674, email
December 13, 2017, meeting was a Authority: 7 U.S.C. 601–674.
public meeting and all entities, both Ronald.L.Houck@uscg.mil.
■ 2. Section 932.230 is revised to read SUPPLEMENTARY INFORMATION:
large and small, were able to express as follows:
views on this issue. Finally, interested I. Table of Abbreviations
persons are invited to submit comments § 932.230 Assessment rate.
CFR Code of Federal Regulations
on this proposed rule, including the On and after January 1, 2018, an COTP Captain of the Port
regulatory and information collection assessment rate of $24.00 per ton is DHS Department of Homeland Security
impacts of this action on small established for California olives. E.O. Executive Order
businesses. Dated: March 30, 2018. FR Federal Register
In accordance with the Paperwork NPRM Notice of proposed rulemaking
Bruce Summers,
Reduction Act of 1995, (44 U.S.C. § Section
Chapter 35), the Order’s information Acting Administrator, Agricultural Marketing U.S.C. United States Code
Service.
collection requirements have been II. Background, Purpose, and Legal
previously approved by OMB and [FR Doc. 2018–06877 Filed 4–3–18; 8:45 am]
BILLING CODE 3410–02–P
Basis
assigned OMB No. 0581–0178. No
changes in those requirements as a On June 13, 2017, Charcot-Marie-
result of this action are necessary. Tooth Association of Trappe, MD,
Should any changes become necessary, DEPARTMENT OF HOMELAND notified the Coast Guard that it will be
they would be submitted to OMB for SECURITY conducting the swim portion of the
approval. Oxford Biathlon from 9:15 a.m. until
This proposed rule would impose no Coast Guard 10:15 a.m. on June 9, 2018, and if
additional reporting or recordkeeping necessary, due to inclement weather,
requirements on either small or large 33 CFR Part 100 from 9:15 a.m. until 10:15 a.m. on June
California olive handlers. As with all [Docket Number USCG–2018–0088] 10, 2018. The swim consists of
Federal marketing order programs, approximately 30 participants
RIN 1625–AA08 competing on a designated 1300-meter
reports and forms are periodically
reviewed to reduce information course that starts at the ferry dock at
Special Local Regulation; Tred Avon
requirements and duplication by Bellevue, MD and finishes at the Tred
River, Between Bellevue, MD and
industry and public sector agencies. Avon Yacht Club at Oxford, MD.
Oxford, MD
AMS is committed to complying with Hazards from the swim competition
the E-Government Act, to promote the AGENCY: Coast Guard, DHS. include participants swimming within
use of the internet and other ACTION: Notice of proposed rulemaking. and adjacent to the designated
information technologies to provide navigation channel and interfering with
increased opportunities for citizen SUMMARY: The Coast Guard proposes to vessels intending to operate within that
access to Government information and establish special local regulations for channel, as well as swimming within
services, and for other purposes. certain waters of the Tred Avon River. approaches to public and private
USDA has not identified any relevant This action is necessary to provide for marinas and public boat facilities. The
Federal rules that duplicate, overlap, or the safety of life on the navigable waters COTP Maryland-National Capital
conflict with this action. located between Bellevue, MD, and Region has determined that potential
A small business guide on complying Oxford, MD, during a swim event on hazards associated with the swim would
with fruit, vegetable, and specialty crop June 9, 2018. If necessary, due to be a safety concern for anyone intending
marketing agreements and orders may inclement weather, the event will be to participate in this event or for vessels
be viewed at: http://www.ams.usda.gov/ rescheduled to June 10, 2018. This that operate within specified waters of
rules-regulations/moa/small-businesses. proposed rulemaking would prohibit the Tred Avon River between Bellevue,
Any questions about the compliance persons and vessels from entering the MD, and Oxford, MD.
regulated area unless authorized by the
amozie on DSK30RV082PROD with PROPOSALS
guide should be sent to Richard Lower The purpose of this rulemaking is to
at the previously-mentioned address in Captain of the Port Maryland-National protect event participants, spectators
the FOR FURTHER INFORMATION CONTACT Capital Region or the Coast Guard Patrol and transiting vessels on specified
section. Commander. We invite your comments waters of the Tred Avon River before,
A 30-day comment period is provided on this proposed rulemaking. during, and after the scheduled event.
to allow interested persons to respond DATES: Comments and related material The Coast Guard proposes this
to this proposed rule. All written must be received by the Coast Guard on rulemaking under authority in 33 U.S.C.
comments timely received will be or before May 4, 2018. 1233, which authorize the Coast Guard
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![Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Proposed Rules 14383
of waterway users and shore side website’s instructions. Additionally, if thence east to latitude 38°41′25″ N,
activities in the event area lasting for you go to the online docket and sign up longitude 076°10′30″ W, located at
21⁄2 hours. The category of water for email alerts, you will be notified Oxford, MD. All coordinates reference
activities includes but is not limited to when comments are posted or a final Datum NAD 1983.
sail boat regattas, boat parades, power rule is published. (c) Special local regulations: (1) The
boat racing, swimming events, crew
List of Subjects in 33 CFR Part 100 COTP or Coast Guard Patrol
racing, canoe and sail board racing.
Commander may forbid and control the
Normally such actions are categorically Marine safety, Navigation (water),
movement of all vessels and persons,
excluded from further review under Reporting and recordkeeping
including event participants, in the
paragraph L[61] of Appendix A, Table 1 requirements, Waterways.
of DHS Instruction Manual 023–01– regulated area. When hailed or signaled
For the reasons discussed in the by an official patrol, a vessel or person
001–01, Rev. 01. A preliminary Record preamble, the Coast Guard proposes to
of Environmental Consideration in the regulated area shall immediately
amend 33 CFR part 100 as follows: comply with the directions given.
supporting this determination is
available in the docket where indicated Failure to do so may result in expulsion
PART 100—SAFETY OF LIFE ON
under ADDRESSES. We seek any from the area, citation for failure to
NAVIGABLE WATERS
comments or information that may lead comply, or both. The Coast Guard Patrol
to the discovery of a significant ■ 1. The authority citation for part 100 Commander may terminate the event, or
environmental impact from this continues to read as follows: the operation of any support vessel
proposed rule. participating in the event, at any time it
Authority: 33 U.S.C. 1233.
is deemed necessary for the protection
G. Protest Activities ■ 2. Add § 100.501T05–0088 to read as of life or property.
The Coast Guard respects the First follows: (2) Except for participants and vessels
Amendment rights of protesters. already at berth, all persons and vessels
§ 100.501T05–0088 Special Local
Protesters are asked to contact the Regulation, Tred Avon River, between within the regulated area at the time it
person listed in the FOR FURTHER Bellevue, MD and Oxford, MD. is implemented shall depart the
INFORMATION CONTACT section to regulated area.
coordinate protest activities so that your (a) Definitions. As used in this
message can be received without section: (3) Persons and vessels desiring to
jeopardizing the safety or security of (1) Captain of the Port (COTP) transit, moor, or anchor within the
people, places, or vessels. Maryland-National Capital Region regulated area must obtain authorization
means the Commander, U.S. Coast from the COTP Maryland-National
V. Public Participation and Request for Guard Sector Maryland-National Capital Capital Region or Coast Guard Patrol
Comments Region or any Coast Guard Commander. Prior to the enforcement
We view public participation as commissioned, warrant or petty officer period, vessel operators may request
essential to effective rulemaking, and who has been authorized by the COTP permission to transit, moor, or anchor
will consider all comments and material to act on his behalf. within the regulated area from the COTP
received during the comment period. (2) Coast Guard Patrol Commander Maryland-National Capital Region at
Your comment can help shape the means a commissioned, warrant, or telephone number 410–576–2693 or on
outcome of this rulemaking. If you petty officer of the U.S. Coast Guard Marine Band Radio, VHF–FM channel
submit a comment, please include the who has been designated as such by the 16 (156.8 MHz). During the enforcement
docket number for this rulemaking, Commander, Coast Guard Sector period, persons or vessel operators may
indicate the specific section of this Maryland-National Capital Region. request permission to transit, moor, or
document to which each comment (3) Official Patrol means any vessel anchor within the regulated area from
applies, and provide a reason for each assigned or approved by Commander, the Coast Guard Patrol Commander on
suggestion or recommendation. Coast Guard Sector Maryland-National Marine Band Radio, VHF–FM channel
We encourage you to submit Capital Region with a commissioned, 16 (156.8 MHz). The Coast Guard Patrol
comments through the Federal warrant, or petty officer on board and Commander and official patrol vessels
eRulemaking Portal at http:// displaying a Coast Guard ensign. enforcing this regulated area can be
www.regulations.gov. If your material (4) Participant means all persons and contacted on marine band radio VHF–
cannot be submitted using http:// vessels participating in the Oxford FM channel 16 (156.8 MHz) and
www.regulations.gov, contact the person Biathlon event under the auspices of the channel 22A (157.1 MHz).
in the FOR FURTHER INFORMATION Marine Event Permit issued to the event (4) The Coast Guard will publish a
CONTACT section of this document for sponsor and approved by Commander, notice in the Fifth Coast Guard District
alternate instructions. Coast Guard Sector Maryland-National Local Notice to Mariners and issue a
We accept anonymous comments. All Capital Region. marine information broadcast on VHF–
comments received will be posted (b) Location. The following location is FM marine band radio.
without change to http:// a regulated area: All navigable waters of
www.regulations.gov and will include the Tred Avon River, from shoreline to (d) Enforcement officials. The Coast
any personal information you have shoreline, within an area bounded on Guard may be assisted with marine
event patrol and enforcement of the
amozie on DSK30RV082PROD with PROPOSALS
provided. For more about privacy and the east by a line drawn from latitude
the docket, visit http:// 38°42′25″ N, longitude 076°10′45″ W, regulated area by other Federal, State,
www.regulations.gov/privacyNotice. thence south to latitude 38°41′37″ N, and local agencies.
Documents mentioned in this NPRM longitude 076°10′26″ W, and bounded (e) Enforcement period. This section
as being available in the docket, and all on the west by a line drawn from will be enforced from 8:30 a.m. until 11
public comments, will be in our online latitude 38°41′58″ N, longitude a.m. on June 9, 2018, and if necessary,
docket at http://www.regulations.gov 076°11′04″ W, thence south to latitude due to inclement weather, from 8:30
and can be viewed by following that 38°41′25″ N, longitude 076°10′49″ W, a.m. until 11 a.m. on June 10, 2018.
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![14384 Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Proposed Rules
Dated: March 29, 2018. U.S.C. United States Code Below we summarize our analyses
Lonnie P. Harrison, Jr., II. Background, Purpose, and Legal based on a number of these statutes and
Captain, U.S. Coast Guard, Captain of the Basis Executive orders and we discuss First
Port Maryland-National Capital Region. Amendment rights of protestors.
[FR Doc. 2018–06845 Filed 4–3–18; 8:45 am]
On January 16, 2018, the Sherwood
Forest Club, Inc. of Sherwood Forest, A. Regulatory Planning and Review
BILLING CODE 9110–04–P
MD notified the Coast Guard that it will Executive Orders 12866 and 13563
be conducting a fireworks display from direct agencies to assess the costs and
DEPARTMENT OF HOMELAND 9:20 p.m. to 9:50 p.m. on July 3, 2018, benefits of available regulatory
SECURITY to commemorate the July 4th Holiday. alternatives and, if regulation is
Details of the proposed event were necessary, to select regulatory
Coast Guard provided to the Coast Guard on approaches that maximize net benefits.
February 15, 2018. The private Executive Order 13771 directs agencies
33 CFR Part 165 fireworks display is to be launched from to control regulatory costs through a
the end of the Sherwood Forest Club budgeting process. This NPRM has not
[Docket Number USCG–2018–0157]
main pier, located adjacent to the been designated a ‘‘significant
RIN 1625–AA00 Severn River, approximately 200 yards regulatory action,’’ under Executive
east of Brewer Pond in Sherwood Order 12866. Accordingly, the NPRM
Safety Zone for Fireworks Display; Forest, MD. In the event of inclement has not been reviewed by the Office of
Severn River, Sherwood Forest, MD weather, the fireworks display will be Management and Budget (OMB), and
AGENCY: Coast Guard, DHS. scheduled for July 6, 2018. Hazards pursuant to OMB guidance it is exempt
from fireworks displays include from the requirements of Executive
ACTION: Notice of proposed rulemaking.
accidental discharge of fireworks, Order 13771.
SUMMARY: The Coast Guard proposes to dangerous projectiles, and falling hot This regulatory action determination
establish a temporary safety zone for embers or other debris. The COTP is based on the size, location, duration,
certain waters of the Severn River. This Maryland-National Capital Region has and time-of-day of the safety zone.
action is necessary to provide for the determined that potential hazards Vessel traffic will be able to safely
safety of life on the navigable waters of associated with the fireworks to be used transit around this safety zone, which
the Severn River at Sherwood Forest, in this display would be a safety would impact a small designated area of
MD, during a fireworks display on July concern for anyone within 150 yards of the Severn River for 2 hours during the
3, 2018 (with alternate date of July 6, the fireworks discharge site. evening when vessel traffic is normally
2018). This action would prohibit The purpose of this rulemaking is to
low. The Coast Guard will issue a
persons and vessels from entering the ensure the safety of persons and vessels
Broadcast Notice to Mariners via VHF–
safety zone unless authorized by the on the navigable waters of the Severn
FM marine band channel 16 to provide
Captain of the Port Maryland-National River within 150 yards of the fireworks
information about the safety zone.
Capital Region or a designated discharge site before, during, and after
representative. We invite your the scheduled event. The Coast Guard B. Impact on Small Entities
comments on this proposed rulemaking. proposes this rulemaking under The Regulatory Flexibility Act of
DATES: Comments and related material
authority in 33 U.S.C. 1231. 1980, 5 U.S.C. 601–612, as amended,
must be received by the Coast Guard on III. Discussion of Proposed Rule requires Federal agencies to consider
or before May 4, 2018. The COTP proposes to establish a the potential impact of regulations on
ADDRESSES: You may submit comments safety zone from 8:30 p.m. to 10:30 p.m. small entities during rulemaking. The
identified by docket number USCG– on July 3, 2018, and if necessary due to term ‘‘small entities’’ comprises small
2018–0157 using the Federal inclement weather, from 8:30 p.m. to businesses, not-for-profit organizations
eRulemaking Portal at http:// 10:30 p.m. on July 6, 2018. The safety that are independently owned and
www.regulations.gov. See the ‘‘Public zone would cover all navigable waters operated and are not dominant in their
Participation and Request for of the Severn River, within 150 yards of fields, and governmental jurisdictions
Comments’’ portion of the a fireworks discharge site located at the with populations of less than 50,000.
SUPPLEMENTARY INFORMATION section for end of Sherwood Forest Club main pier The Coast Guard certifies under 5 U.S.C.
further instructions on submitting in approximate position latitude 605(b) that this proposed rule would not
comments. 39°01′54.0″ N, longitude 076°32′41.8″ have a significant economic impact on
FOR FURTHER INFORMATION CONTACT: If W, Sherwood Forest, MD. The duration a substantial number of small entities.
you have questions about this proposed of the zone is intended to ensure the While some owners or operators of
rulemaking, call or email Mr. Ron safety of persons and vessels on the vessels intending to transit the safety
Houck, Sector Maryland-National specified navigable waters before, zone may be small entities, for the
Capital Region Waterways Management during, and after the scheduled 9:20 reasons stated in section IV.A above,
Division, U.S. Coast Guard; telephone p.m. fireworks display. No vessel or this proposed rule would not have a
410–576–2674, email Ronald.L.Houck@ person would be permitted to enter the significant economic impact on any
uscg.mil. safety zone without obtaining vessel owner or operator.
permission from the COTP or a If you think that your business,
SUPPLEMENTARY INFORMATION:
amozie on DSK30RV082PROD with PROPOSALS
designated representative. The organization, or governmental
I. Table of Abbreviations regulatory text we are proposing appears jurisdiction qualifies as a small entity
at the end of this document. and that this rule would have a
CFR Code of Federal Regulations
COTP Captain of the Port
significant economic impact on it,
IV. Regulatory Analyses please submit a comment (see
DHS Department of Homeland Security
FR Federal Register We developed this proposed rule after ADDRESSES) explaining why you think it
NPRM Notice of proposed rulemaking considering numerous statutes and qualifies and how and to what degree
§ Section Executive orders related to rulemaking. this rule would economically affect it.
VerDate Sep<11>2014 17:08 Apr 03, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\04APP1.SGM 04APP1](https://thefederalregister.org/doc/83_FR_14446/page/4.svg)
Document Created: 2018-11-01 09:10:53
Document Modified: 2018-11-01 09:10:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before May 4, 2018. | |
| 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] | |
| FR Citation | 83 FR 14381 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways |
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