83_FR_15167 83 FR 15099 - Special Local Regulation; Choptank River, Cambridge, MD

83 FR 15099 - Special Local Regulation; Choptank River, Cambridge, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 68 (April 9, 2018)

Page Range15099-15101
FR Document2018-07109

The Coast Guard proposes to establish special local regulations for certain waters of the Choptank River. This action is necessary to provide for the safety of life on the navigable waters located at Cambridge, MD during a swim event on May 20, 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.

Federal Register, Volume 83 Issue 68 (Monday, April 9, 2018)
[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Proposed Rules]
[Pages 15099-15101]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07109]



[[Page 15099]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0093]
RIN 1625-AA08


Special Local Regulation; Choptank River, Cambridge, 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 Choptank River. This action is 
necessary to provide for the safety of life on the navigable waters 
located at Cambridge, MD during a swim event on May 20, 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 9, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0093 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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On January 4, 2018, Cambridge Multi Sport of Cambridge, MD notified 
the Coast Guard that it will be conducting the Maryland Freedom Swim 
from 7:30 a.m. until 9 a.m. on May 20, 2018. Details of the planned 
event were provided by the sponsor to the Coast Guard on February 5, 
2018. The open water swim consists of approximately 200 participants 
competing on a designated 1.75-mile linear course that starts at the 
beach of Bill Burton Fishing Pier State Park at Trappe, MD, proceeds 
across the Choptank River along and between the fishing piers and the 
Senator Frederick C. Malkus, Jr. Memorial (U.S.-50) Bridge, and 
finishes at the beach of the Dorchester County Visitors Center at 
Cambridge, 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 local 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 Choptank River.
    The purpose of this rulemaking is to protect event participants, 
spectators and transiting vessels on specified waters of the Choptank 
River before, during, and after the scheduled event. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1233, which 
authorize the Coast Guard to establish and define special local 
regulations.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish 
special local regulations from 7 a.m. through 9:30 a.m. on May 20, 
2018. There is no alternate date planned for this event. The regulated 
area would include all navigable waters of the Choptank River, from 
shoreline to shoreline, within an area bounded on the east by a line 
drawn from latitude 38[deg]35'14.2'' N, longitude 076[deg]02'33.0'' W, 
thence south to latitude 38[deg]34'08.3'' N, longitude 
076[deg]03'36.2'' W, and bounded on the west by a line drawn from 
latitude 38[deg]35'32.7'' N, longitude 076[deg]02'58.3'' W, thence 
south to latitude 38[deg]34'24.7'' N, longitude 076[deg]04'01.3'' W, 
located at Cambridge, MD. The regulated area is approximately 2,800 
yards in length and 900 yards in width. 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 7:30 a.m. to 9 a.m. swim. Except for Maryland Freedom Swim 
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, time of 
day and duration of the regulated area, which would impact a small 
designated area of the Choptank River for 2.5 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

[[Page 15100]]

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, which guides 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 of waterway 
users and shore side activities in the event area lasting for 2.5 
hours. 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. We seek any comments or information that 
may lead to the discovery of a significant environmental impact from 
this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

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

0
2. Add Sec.  100.501T05-0093 to read as follows:


Sec.  100.501T05-0093   Special local regulation, Choptank River, 
Cambridge, 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 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

[[Page 15101]]

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 
Maryland Freedom Swim 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 Choptank River, from shoreline to shoreline, 
within an area bounded on the east by a line drawn from latitude 
38[deg]35'14.2'' N, longitude 076[deg]02'33.0'' W, thence south to 
latitude 38[deg]34'08.3'' N, longitude 076[deg]03'36.2'' W, and bounded 
on the west by a line drawn from latitude 38[deg]35'32.7'' N, longitude 
076[deg]02'58.3'' W, thence south to latitude 38[deg]34'24.7'' N, 
longitude 076[deg]04'01.3'' W, located at Cambridge, MD. 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 7 a.m. 
through 9:30 a.m. on May 20, 2018.

    Dated: April 3, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-07109 Filed 4-6-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                            Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules                                            15099

                                                  DEPARTMENT OF HOMELAND                                  provided by the sponsor to the Coast                   Maryland-National Capital Region or the
                                                  SECURITY                                                Guard on February 5, 2018. The open                    Coast Guard Patrol Commander. The
                                                                                                          water swim consists of approximately                   regulatory text we are proposing appears
                                                  Coast Guard                                             200 participants competing on a                        at the end of this document.
                                                                                                          designated 1.75-mile linear course that
                                                  33 CFR Part 100                                                                                                IV. Regulatory Analyses
                                                                                                          starts at the beach of Bill Burton Fishing
                                                  [Docket Number USCG–2018–0093]
                                                                                                          Pier State Park at Trappe, MD, proceeds                  We developed this proposed rule after
                                                                                                          across the Choptank River along and                    considering numerous statutes and
                                                  RIN 1625–AA08                                           between the fishing piers and the                      Executive Orders related to rulemaking.
                                                                                                          Senator Frederick C. Malkus, Jr.                       Below we summarize our analyses
                                                  Special Local Regulation; Choptank                      Memorial (U.S.–50) Bridge, and finishes                based on a number of these statutes and
                                                  River, Cambridge, MD                                    at the beach of the Dorchester County                  Executive Orders and we discuss First
                                                  AGENCY:   Coast Guard, DHS.                             Visitors Center at Cambridge, MD.                      Amendment rights of protestors.
                                                                                                          Hazards from the swim competition
                                                  ACTION:   Notice of proposed rulemaking.                                                                       A. Regulatory Planning and Review
                                                                                                          include participants swimming within
                                                  SUMMARY:   The Coast Guard proposes to                  and adjacent to the designated                            Executive Orders 12866 and 13563
                                                  establish special local regulations for                 navigation channel and interfering with                direct agencies to assess the costs and
                                                  certain waters of the Choptank River.                   vessels intending to operate within that               benefits of available regulatory
                                                  This action is necessary to provide for                 channel, as well as swimming within                    alternatives and, if regulation is
                                                  the safety of life on the navigable waters              approaches to local public and private                 necessary, to select regulatory
                                                  located at Cambridge, MD during a                       marinas and public boat facilities. The                approaches that maximize net benefits.
                                                  swim event on May 20, 2018. This                        COTP Maryland-National Capital                         Executive Order 13771 directs agencies
                                                  proposed rulemaking would prohibit                      Region has determined that potential                   to control regulatory costs through a
                                                  persons and vessels from entering the                   hazards associated with the swim would                 budgeting process. This NPRM has not
                                                  regulated area unless authorized by the                 be a safety concern for anyone intending               been designated a ‘‘significant
                                                  Captain of the Port Maryland-National                   to participate in this event or for vessels            regulatory action,’’ under Executive
                                                  Capital Region or the Coast Guard Patrol                that operate within specified waters of                Order 12866. Accordingly, the NPRM
                                                  Commander. We invite your comments                      the Choptank River.                                    has not been reviewed by the Office of
                                                  on this proposed rulemaking.                               The purpose of this rulemaking is to                Management and Budget (OMB), and
                                                                                                          protect event participants, spectators                 pursuant to OMB guidance it is exempt
                                                  DATES: Comments and related material
                                                                                                          and transiting vessels on specified                    from the requirements of Executive
                                                  must be received by the Coast Guard on                  waters of the Choptank River before,
                                                  or before May 9, 2018.                                                                                         Order 13771.
                                                                                                          during, and after the scheduled event.
                                                  ADDRESSES: You may submit comments                                                                                This regulatory action determination
                                                                                                          The Coast Guard proposes this
                                                  identified by docket number USCG–                                                                              is based on the size, time of day and
                                                                                                          rulemaking under authority in 33 U.S.C.
                                                  2018–0093 using the Federal                                                                                    duration of the regulated area, which
                                                                                                          1233, which authorize the Coast Guard
                                                  eRulemaking Portal at http://                                                                                  would impact a small designated area of
                                                                                                          to establish and define special local
                                                  www.regulations.gov. See the ‘‘Public                                                                          the Choptank River for 2.5 hours. The
                                                                                                          regulations.
                                                  Participation and Request for                                                                                  Coast Guard would issue a Broadcast
                                                  Comments’’ portion of the                               III. Discussion of Proposed Rule                       Notice to Mariners via VHF–FM marine
                                                  SUPPLEMENTARY INFORMATION section for                      The COTP Maryland-National Capital                  channel 16 about the status of the
                                                  further instructions on submitting                      Region proposes to establish special                   regulated area. Moreover, the rule
                                                  comments.                                               local regulations from 7 a.m. through                  would allow vessel operators to request
                                                                                                          9:30 a.m. on May 20, 2018. There is no                 permission to enter the regulated area
                                                  FOR FURTHER INFORMATION CONTACT:   If                                                                          for the purpose of safely transiting the
                                                                                                          alternate date planned for this event.
                                                  you have questions about this proposed                                                                         regulated area if deemed safe to do so
                                                                                                          The regulated area would include all
                                                  rulemaking, call or email Mr. Ronald                                                                           by the Coast Guard Patrol Commander.
                                                                                                          navigable waters of the Choptank River,
                                                  Houck, U.S. Coast Guard Sector
                                                                                                          from shoreline to shoreline, within an                 B. Impact on Small Entities
                                                  Maryland-National Capital Region;
                                                                                                          area bounded on the east by a line
                                                  telephone 410–576–2674, email                           drawn from latitude 38°35′14.2″ N,                        The Regulatory Flexibility Act of
                                                  Ronald.L.Houck@uscg.mil.                                longitude 076°02′33.0″ W, thence south                 1980, 5 U.S.C. 601–612, as amended,
                                                  SUPPLEMENTARY INFORMATION:                              to latitude 38°34′08.3″ N, longitude                   requires Federal agencies to consider
                                                  I. Table of Abbreviations                               076°03′36.2″ W, and bounded on the                     the potential impact of regulations on
                                                                                                          west by a line drawn from latitude                     small entities during rulemaking. The
                                                  CFR Code of Federal Regulations                         38°35′32.7″ N, longitude 076°02′58.3″                  term ‘‘small entities’’ comprises small
                                                  COTP Captain of the Port                                W, thence south to latitude 38°34′24.7″                businesses, not-for-profit organizations
                                                  DHS Department of Homeland Security                                                                            that are independently owned and
                                                  FR Federal Register
                                                                                                          N, longitude 076°04′01.3″ W, located at
                                                  NPRM Notice of proposed rulemaking                      Cambridge, MD. The regulated area is                   operated and are not dominant in their
                                                  § Section                                               approximately 2,800 yards in length and                fields, and governmental jurisdictions
                                                  U.S.C. United States Code                               900 yards in width. The duration of the                with populations of less than 50,000.
                                                                                                          regulated area is intended to ensure the               The Coast Guard certifies under 5 U.S.C.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  II. Background, Purpose, and Legal                      safety of event participants and vessels               605(b) that this proposed rule would not
                                                  Basis                                                   within the specified navigable waters                  have a significant economic impact on
                                                    On January 4, 2018, Cambridge Multi                   before, during, and after the scheduled                a substantial number of small entities.
                                                  Sport of Cambridge, MD notified the                     7:30 a.m. to 9 a.m. swim. Except for                      While some owners or operators of
                                                  Coast Guard that it will be conducting                  Maryland Freedom Swim participants,                    vessels intending to transit the regulated
                                                  the Maryland Freedom Swim from 7:30                     no vessel or person would be permitted                 area may be small entities, for the
                                                  a.m. until 9 a.m. on May 20, 2018.                      to enter the regulated area without                    reasons stated in section IV.A above this
                                                  Details of the planned event were                       obtaining permission from the COTP                     proposed rule would not have a


                                             VerDate Sep<11>2014   16:17 Apr 06, 2018   Jkt 244001   PO 00000   Frm 00018   Fmt 4702   Sfmt 4702   E:\FR\FM\09APP1.SGM   09APP1


                                                  15100                     Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

                                                  significant economic impact on any                      E. Unfunded Mandates Reform Act                        applies, and provide a reason for each
                                                  vessel owner or operator.                                  The Unfunded Mandates Reform Act                    suggestion or recommendation.
                                                     If you think that your business,                     of 1995 (2 U.S.C. 1531–1538) requires                     We encourage you to submit
                                                  organization, or governmental                           Federal agencies to assess the effects of              comments through the Federal
                                                                                                          their discretionary regulatory actions. In             eRulemaking Portal at http://
                                                  jurisdiction qualifies as a small entity
                                                                                                          particular, the Act addresses actions                  www.regulations.gov. If your material
                                                  and that this rule would have a
                                                                                                          that may result in the expenditure by a                cannot be submitted using http://
                                                  significant economic impact on it,
                                                                                                          State, local, or tribal government, in the             www.regulations.gov, contact the person
                                                  please submit a comment (see
                                                                                                          aggregate, or by the private sector of                 in the FOR FURTHER INFORMATION
                                                  ADDRESSES) explaining why you think it
                                                                                                          $100,000,000 (adjusted for inflation) or               CONTACT section of this document for
                                                  qualifies and how and to what degree                                                                           alternate instructions.
                                                  this rule would economically affect it.                 more in any one year. Though this
                                                                                                          proposed rule would not result in such                    We accept anonymous comments. All
                                                     Under section 213(a) of the Small                    an expenditure, we do discuss the                      comments received will be posted
                                                  Business Regulatory Enforcement                         effects of this rule elsewhere in this                 without change to http://
                                                  Fairness Act of 1996 (Pub. L. 104–121),                 preamble.                                              www.regulations.gov and will include
                                                  we want to assist small entities in                                                                            any personal information you have
                                                  understanding this proposed rule. If the                F. Environment                                         provided. For more about privacy and
                                                  rule would affect your small business,                    We have analyzed this proposed rule                  the docket, visit http://
                                                  organization, or governmental                           under Department of Homeland                           www.regulations.gov/privacyNotice.
                                                  jurisdiction and you have questions                     Security Management Directive 023–01,                     Documents mentioned in this NPRM
                                                  concerning its provisions or options for                which guides the Coast Guard in                        as being available in the docket, and all
                                                  compliance, please contact the person                   complying with the National                            public comments, will be in our online
                                                  listed in the FOR FURTHER INFORMATION                   Environmental Policy Act of 1969 (42                   docket at http://www.regulations.gov
                                                  CONTACT section. The Coast Guard will                   U.S.C. 4321–4370f), and have made a                    and can be viewed by following that
                                                  not retaliate against small entities that               preliminary determination that this                    website’s instructions. Additionally, if
                                                  question or complain about this                         action is one of a category of actions that            you go to the online docket and sign up
                                                  proposed rule or any policy or action of                do not individually or cumulatively                    for email alerts, you will be notified
                                                  the Coast Guard.                                        have a significant effect on the human                 when comments are posted or a final
                                                                                                          environment. This proposed rule                        rule is published.
                                                  C. Collection of Information                            involves implementation of regulations                 List of Subjects in 33 CFR Part 100
                                                    This proposed rule would not call for                 within 33 CFR part 100 applicable to
                                                                                                          organized marine events on the                           Marine safety, Navigation (water),
                                                  a new collection of information under                                                                          Reporting and recordkeeping
                                                  the Paperwork Reduction Act of 1995                     navigable waters of the United States
                                                                                                          that could negatively impact the safety                requirements, Waterways.
                                                  (44 U.S.C. 3501–3520).                                                                                           For the reasons discussed in the
                                                                                                          of waterway users and shore side
                                                  D. Federalism and Indian Tribal                         activities in the event area lasting for 2.5           preamble, the Coast Guard proposes to
                                                  Governments                                             hours. Normally such actions are                       amend 33 CFR part 100 as follows:
                                                                                                          categorically excluded from further
                                                     A rule has implications for federalism               review under paragraph L[61] of                        PART 100—SAFETY OF LIFE ON
                                                  under Executive Order 13132,                            Appendix A, Table 1 of DHS Instruction                 NAVIGABLE WATERS
                                                  Federalism, if it has a substantial direct              Manual 023–01–001–01, Rev. 01. We
                                                  effect on the States, on the relationship                                                                      ■ 1. The authority citation for part 100
                                                                                                          seek any comments or information that
                                                  between the national government and                                                                            continues to read as follows:
                                                                                                          may lead to the discovery of a
                                                  the States, or on the distribution of                   significant environmental impact from                    Authority: 33 U.S.C. 1233; 33 CFR
                                                  power and responsibilities among the                    this proposed rule.                                    1.05–1.
                                                  various levels of government. We have                                                                          ■ 2. Add § 100.501T05–0093 to read as
                                                                                                          G. Protest Activities
                                                  analyzed this proposed rule under that                                                                         follows:
                                                  Order and have determined that it is                      The Coast Guard respects the First
                                                  consistent with the fundamental                         Amendment rights of protesters.                        § 100.501T05–0093 Special local
                                                                                                          Protesters are asked to contact the                    regulation, Choptank River, Cambridge, MD.
                                                  federalism principles and preemption
                                                  requirements described in Executive                     person listed in the FOR FURTHER                         (a) Definitions. As used in this
                                                  Order 13132.                                            INFORMATION CONTACT section to                         section:
                                                                                                          coordinate protest activities so that your               (1) Captain of the Port (COTP)
                                                     Also, this proposed rule does not have               message can be received without                        Maryland-National Capital Region
                                                  tribal implications under Executive                     jeopardizing the safety or security of                 means the Commander, U.S. Coast
                                                  Order 13175, Consultation and                           people, places, or vessels.                            Guard Sector Maryland-National Capital
                                                  Coordination with Indian Tribal                                                                                Region or any Coast Guard
                                                  Governments, because it would not have                  V. Public Participation and Request for                commissioned, warrant or petty officer
                                                  a substantial direct effect on one or                   Comments                                               who has been authorized by the COTP
                                                  more Indian tribes, on the relationship                   We view public participation as                      to act on his behalf.
                                                  between the Federal Government and                      essential to effective rulemaking, and                   (2) Coast Guard Patrol Commander
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                                                  Indian tribes, or on the distribution of                will consider all comments and material                means a commissioned, warrant, or
                                                  power and responsibilities between the                  received during the comment period.                    petty officer of the U.S. Coast Guard
                                                  Federal Government and Indian tribes.                   Your comment can help shape the                        who has been designated by the
                                                  If you believe this proposed rule has                   outcome of this rulemaking. If you                     Commander, Coast Guard Sector
                                                  implications for federalism or Indian                   submit a comment, please include the                   Maryland-National Capital Region.
                                                  tribes, please contact the person listed                docket number for this rulemaking,                       (3) Official Patrol means any vessel
                                                  in the FOR FURTHER INFORMATION                          indicate the specific section of this                  assigned or approved by Commander,
                                                  CONTACT section.                                        document to which each comment                         Coast Guard Sector Maryland-National


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                                                                            Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules                                               15101

                                                  Capital Region with a commissioned,                     FM channel 16 (156.8 MHz) and                          General Counsel, Department of
                                                  warrant, or petty officer on board and                  channel 22A (157.1 MHz).                               Housing and Urban Development, 451
                                                  displaying a Coast Guard ensign.                          (4) The Coast Guard will publish a                   7th Street SW, Room 10276,
                                                     (4) Participant means all persons and                notice in the Fifth Coast Guard District               Washington, DC 20410–0500.
                                                  vessels participating in the Maryland                   Local Notice to Mariners and issue a                     2. Electronic Submission of
                                                  Freedom Swim event under the                            marine information broadcast on VHF–                   Comments. Interested persons may
                                                  auspices of the Marine Event Permit                     FM marine band radio.                                  submit comments electronically through
                                                  issued to the event sponsor and                           (d) Enforcement officials. The Coast                 the Federal eRulemaking Portal at
                                                  approved by Commander, Coast Guard                      Guard may be assisted with marine                      www.regulations.gov. HUD strongly
                                                  Sector Maryland-National Capital                        event patrol and enforcement of the                    encourages commenters to submit
                                                  Region.                                                 regulated area by other Federal, State,                comments electronically. Electronic
                                                     (b) Location. The following location is              and local agencies.                                    submission of comments allows the
                                                  a regulated area: All navigable waters of                 (e) Enforcement period. This section                 commenter maximum time to prepare
                                                  the Choptank River, from shoreline to                   will be enforced from 7 a.m. through                   and submit a comment, ensures timely
                                                  shoreline, within an area bounded on                    9:30 a.m. on May 20, 2018.                             receipt by HUD, and enables HUD to
                                                  the east by a line drawn from latitude                                                                         make comments immediately available
                                                  38°35′14.2″ N, longitude 076°02′33.0″                     Dated: April 3, 2018.
                                                                                                          Lonnie P. Harrison, Jr.,                               to the public. Comments submitted
                                                  W, thence south to latitude 38°34′08.3″                                                                        electronically through the
                                                  N, longitude 076°03′36.2″ W, and                        Captain, U.S. Coast Guard, Captain of the
                                                                                                          Port Maryland-National Capital Region.                 www.regulations.gov website can be
                                                  bounded on the west by a line drawn                                                                            viewed by other commenters and
                                                  from latitude 38°35′32.7″ N, longitude                  [FR Doc. 2018–07109 Filed 4–6–18; 8:45 am]
                                                                                                                                                                 interested members of the public. To
                                                  076°02′58.3″ W, thence south to latitude                BILLING CODE 9110–04–P
                                                                                                                                                                 submit comments electronically,
                                                  38°34′24.7″ N, longitude 076°04′01.3″                                                                          commenters should follow the
                                                  W, located at Cambridge, MD. All                                                                               instructions provided on the website.
                                                  coordinates reference Datum NAD 1983.                   DEPARTMENT OF HOUSING AND
                                                     (c) Special local regulations: (1) The               URBAN DEVELOPMENT                                        Note: To receive consideration as public
                                                  COTP or Coast Guard Patrol                                                                                     comments, comments must be submitted
                                                  Commander may forbid and control the                    48 CFR Parts 2402, 2416, 2437, 2442,                   through one of the two methods specified
                                                                                                                                                                 above. Again, all submissions must refer to
                                                  movement of all vessels and persons,                    and 2452                                               the docket number and title of the rule.
                                                  including event participants, in the
                                                                                                          [Docket No. FR–6041–P–01]
                                                  regulated area. When hailed or signaled                                                                          No Facsimile Comments. Facsimile
                                                  by an official patrol, a vessel or person               RIN 2501–AD85                                          (FAX) comments are not acceptable.
                                                  in the regulated area shall immediately                                                                          Public Inspection of Public
                                                  comply with the directions given.                       HUD Acquisition Regulation (HUDAR)                     Comments. All properly submitted
                                                  Failure to do so may result in expulsion                AGENCY:  Office of the Chief Procurement               comments and communications
                                                  from the area, citation for failure to                  Officer, HUD.                                          submitted to HUD will be available for
                                                  comply, or both. The Coast Guard Patrol                                                                        public inspection and copying between
                                                  Commander may terminate the event, or                   ACTION: Proposed rule.
                                                                                                                                                                 8 a.m. and 5 p.m. weekdays at the above
                                                  the operation of any support vessel                     SUMMARY:   This proposed rule would                    address. Due to security measures at the
                                                  participating in the event, at any time it              amend the HUD Acquisition Regulation                   HUD Headquarters building, an advance
                                                  is deemed necessary for the protection                  (HUDAR) to implement miscellaneous                     appointment to review the public
                                                  of life or property.                                    changes. These changes include                         comments must be scheduled by calling
                                                     (2) Except for participants and vessels                                                                     the Regulations Division at 202–402–
                                                                                                          incorporation of several clauses and
                                                  already at berth, all persons and vessels                                                                      3055 (this is not a toll-free number).
                                                                                                          associated additions to the HUDAR
                                                  within the regulated area at the time it                                                                       Individuals with speech or hearing
                                                                                                          matrix, replacement of references to
                                                  is implemented shall depart the                                                                                impairments may access this number
                                                                                                          Government Technical Representatives
                                                  regulated area.                                                                                                via TTY by calling the Federal
                                                     (3) Persons and vessels desiring to                  (GTRs) with references to Contracting
                                                                                                          Officer’s Representatives (CORs),                      Information Relay Service, toll-free, at
                                                  transit, moor, or anchor within the                                                                            800–877–8339. Copies of all comments
                                                  regulated area must obtain authorization                codification of deviations approved by
                                                                                                          HUD’s Chief Procurement Officer (CPO)                  submitted are available for inspection
                                                  from the COTP Maryland-National                                                                                and downloading at
                                                  Capital Region or Coast Guard Patrol                    and minor corrections to clauses,
                                                                                                          provisions, and the HUDAR matrix.                      www.regulations.gov.
                                                  Commander. Prior to the enforcement
                                                  period, vessel operators may request                    DATES: Comment due date: June 8, 2018.                 FOR FURTHER INFORMATION CONTACT:      Dr.
                                                  permission to transit, moor, or anchor                  ADDRESSES: Interested persons are                      Akinsola A. Ajayi, Acting Assistant
                                                  within the regulated area from the COTP                 invited to submit comments regarding                   Chief Procurement Officer for Policy,
                                                  Maryland-National Capital Region at                     this proposed rule to the Regulations                  Systems and Risk Management, Office
                                                  telephone number 410–576–2693 or on                     Division, Office of General Counsel,                   of the Chief Procurement Officer,
                                                  Marine Band Radio, VHF–FM channel                       Department of Housing and Urban                        Department of Housing and Urban
                                                  16 (156.8 MHz). During the enforcement                  Development, 451 7th Street SW, Room                   Development, 451 7th Street SW,
                                                  period, persons or vessel operators may                 10276, Washington, DC 20410–0500.                      Washington, DC 20410; telephone
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                                                  request permission to transit, moor, or                 Communications and comment                             number 202–708–0294 (this is not a toll-
                                                  anchor within the regulated area from                   submissions must refer to the above                    free number), fax number 202–708–
                                                  the Coast Guard Patrol Commander on                     docket number and title. There are two                 8912. Persons with hearing or speech
                                                  Marine Band Radio, VHF–FM channel                       methods for submitting public                          impairments may access Dr. Ajayi’s
                                                  16 (156.8 MHz). The Coast Guard Patrol                  comments.                                              telephone number via TTY by calling
                                                  Commander and official patrol vessels                     1. Submission of Comments by Mail.                   the toll-free Federal Relay Service at
                                                  enforcing this regulated area can be                    Comments may be submitted by mail to                   800–877–8339.
                                                  contacted on marine band radio VHF–                     the Regulations Division, Office of                    SUPPLEMENTARY INFORMATION:



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Document Created: 2018-04-07 02:39:22
Document Modified: 2018-04-07 02:39:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before May 9, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Mr. Ronald Houck, U.S. Coast Guard Sector Maryland-National Capital Region; telephone 410-576-2674, email [email protected]
FR Citation83 FR 15099 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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