83_FR_26471 83 FR 26361 - Special Local Regulation; Tred Avon River, Between Bellevue, MD and Oxford, MD

83 FR 26361 - Special Local Regulation; Tred Avon River, Between Bellevue, MD and Oxford, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 110 (June 7, 2018)

Page Range26361-26364
FR Document2018-12281

The Coast Guard is establishing special local regulations for certain waters of the Tred Avon River. This action is necessary to provide for the safety of life on these 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 action will prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port Maryland--National Capital Region or Coast Guard Patrol Commander.

Federal Register, Volume 83 Issue 110 (Thursday, June 7, 2018) 
[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Rules and Regulations]
[Pages 26361-26364]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12281]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations for 
certain waters of the Tred Avon River. This action is necessary to 
provide for the safety of life on these 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 action will prohibit persons and 
vessels from being in the regulated area unless authorized by the 
Captain of the Port Maryland--National Capital Region or Coast Guard 
Patrol Commander.

DATES: This rule is effective from 8:30 a.m. on June 9, 2018 through 11 
a.m. on June 10, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0088 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

[[Page 26362]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Maryland--
National Capital Region; telephone 410-576-2674, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On June 13, 2017, Charcot-Marie-Tooth Association of Trappe, MD, 
notified the Coast Guard that 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, it will be conducting the swim 
portion of the Oxford Biathlon in the Tred Avon River that starts at 
Bellevue, MD and finishes at Oxford, MD. In response, on April 4, 2018, 
the Coast Guard published a notice of proposed rulemaking (NPRM) 
entitled ``Special Local Regulation; Tred Avon River, between Bellevue, 
MD and Oxford, MD'' (83 FR 14381). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this fireworks display. During the comment period that ended May 4, 
2018, we received one comment.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Due to the date of the event, it 
would be impracticable and contrary to the public interest to make the 
regulation effective 30 days after publication in the Federal Register. 
The regulation must be in place by June 9th in order to protect the 
public from the hazards associated with this swim event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233, which authorizes the Coast Guard to establish and define special 
local regulations. The Captain of the Port (COTP) Maryland--National 
Capital Region has determined that potential hazards associated with 
the swim would be a safety concern for anyone intending to operate 
within certain 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published April 
4, 2018. The comment addressed issues not related to this rulemaking. 
Therefore, there are no substantive changes in the regulatory text of 
this rule from the proposed rule in the NPRM.
    This rule establishes a special local regulation to 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. The 
regulated area covers 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 enforcement and 
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 9:15 a.m. to 10:15 a.m. swim. Except for 
Oxford Biathlon participants, no vessel or person will be permitted to 
enter the regulated area without obtaining permission from the COTP 
Maryland--National Capital Region or Coast Guard Patrol Commander.

V. Regulatory Analyses

    We developed this 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 will 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the status of the regulated area. Moreover, the rule will allow vessels 
to request permission to enter the regulated area, and vessel traffic 
will be able to safely transit the regulated area once the Coast Guard 
Patrol Commander deems it safe to do so.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against

[[Page 26363]]

small entities that question or complain about this rule or any policy 
or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under 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 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 rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
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 determined that this action is one of a category of actions that 
do not individually or cumulatively have a significant effect on the 
human environment. This rule involves implementation of regulations 
within 33 CFR part 100 applicable to organized marine events on the 
navigable waters of the United States that could negatively impact the 
safety of waterway users and shore side activities in the event area 
lasting 2\1/2\ hours. It is 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 Memorandum For Record for Categorically 
Excluded Actions supporting this determination is available in the 
docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

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


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--(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 Capital Region with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (4) Participant means all persons and vessels registered with the 
event sponsor as participating in the Oxford Biathlon event or 
otherwise designated by event sponsor as having a function tied to the 
event.
    (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 
activated are to 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. 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 the 
marine event patrol and enforcement of the

[[Page 26364]]

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.

    Dated: June 4, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland--National 
Capital Region.
[FR Doc. 2018-12281 Filed 6-6-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations 26361 PART 8—NONDISCRIMINATION § 40.4 [Amended] DoD-level FOIA rule at 32 CFR part 286, BASED ON HANDICAP IN FEDERALLY ■ 13. Amend § 40.4 by removing ‘‘the the Department is eliminating the need ASSISTED PROGRAMS AND specifications contained in appendix A for this separate FOIA rule and reducing ACTIVITIES OF THE DEPARTMENT OF to this part,’’. costs to the public as explained in the HOUSING AND URBAN preamble of the DoD-level FOIA rule Dated: May 30, 2018. DEVELOPMENT published at 83 FR 5196–5197. J. Paul Compton, Jr., This rule is not significant under ■ 3. The authority citation for part 8 General Counsel. Executive Order (E.O.) 12866, continues to read as follows: [FR Doc. 2018–12274 Filed 6–6–18; 8:45 am] ‘‘Regulatory Planning and Review,’’ Authority: 29 U.S.C. 794; 42 U.S.C. 3535(d) BILLING CODE 4210–67–P therefore, E.O. 13771, ‘‘Reducing and 5309. Regulation and Controlling Regulatory Costs’’ does not apply. § 8.1 [Amended] DEPARTMENT OF DEFENSE List of Subjects in 32 CFR Part 806 ■ 4. In § 8.1, amend paragraph (b) by Freedom of information. Department of the Air Force removing the reference ‘‘subparts D and E’’ and adding in its place ‘‘subpart D’’. PART 806—[REMOVED] 32 CFR Part 806 § 8.2 [Amended] [Docket ID: USAF–2017–HQ–0001] ■ Accordingly, by the authority of 5 ■ 5. Amend § 8.2 by removing the last U.S.C. 301, 32 CFR part 806 is removed. RIN 0701–AA76 sentence of the section. Bao-Anh Trinh, Air Force Freedom of Information Act Air Force Federal Register Liaison Officer. § 8.4 [Amended] Program [FR Doc. 2018–12237 Filed 6–6–18; 8:45 am] ■ 6. In § 8.4, amend paragraph (c)(2) by AGENCY: Department of the Air Force, BILLING CODE 5001–10–P removing the parenthetical ‘‘(see DoD. appendix B)’’. ACTION: Final rule. PART 16—IMPLEMENTATION OF THE DEPARTMENT OF HOMELAND SUMMARY: This final rule removes the SECURITY PRIVACY ACT OF 1974 Department of the Air Force’s regulation concerning the Freedom of Information Coast Guard ■ 7. The authority citation for part 16 Act program. On February 6, 2018, the continues to read as follows: DoD published a revised FOIA program 33 CFR Part 100 Authority: 5 U.S.C. 552(a); 42 U.S.C. rule as a result of the FOIA 3535(d). [Docket Number USCG–2018–0088] Improvement Act of 2016. When the § 16.2 [Amended] DoD FOIA program rule was revised, it RIN 1625–AA08 included DoD component information ■ 8. In § 16.2, amend paragraph (b)(2) by and removed the requirement for Special Local Regulation; Tred Avon removing the phrase ‘‘, identified in component supplementary rules. The River, Between Bellevue, MD and Appendix A to this part,’’. DoD now has one DoD-level rule for the Oxford, MD FOIA program at 32 CFR part 286 that AGENCY: Coast Guard, DHS. § 16.3 [Amended] contains all the codified information ACTION: Temporary final rule. ■ 9. In § 16.3, amend paragraph (a) by required for the Department. Therefore, removing the phrase ‘‘first address listed this part can be removed from the CFR. SUMMARY: The Coast Guard is in Appendix A to this part’’ and adding DATES: This rule is effective on June 7, establishing special local regulations for in its place ‘‘following address: Privacy 2018. certain waters of the Tred Avon River. Act Officer, Department of Housing and FOR FURTHER INFORMATION CONTACT: Bao- This action is necessary to provide for Urban Development, 451 7th St. SW, Anh Trinh at 703–614–8500. the safety of life on these navigable Room 10139, Washington, DC 20410’’. SUPPLEMENTARY INFORMATION: It has been waters located between Bellevue, MD, determined that publication of this CFR and Oxford, MD, during a swim event § 16.4 [Amended] part removal for public comment is on June 9, 2018. If necessary, due to ■ 10. In § 16.4, amend paragraph (a) by impracticable, unnecessary, and inclement weather, the event will be removing the phrase ‘‘identified in contrary to public interest since it is rescheduled to June 10, 2018. This Appendix A to this part’’. based on removing the Air Force’s action will prohibit persons and vessels internal policies and procedures that are from being in the regulated area unless PART 40—ACCESSIBILITY authorized by the Captain of the Port publically available on the Air Force’s STANDARDS FOR DESIGN, Maryland—National Capital Region or website. CONSTRUCTION, AND ALTERATION The Department of the Air Force’s Coast Guard Patrol Commander. OF PUBLICLY OWNED RESIDENTIAL internal guidance concerning the DATES: This rule is effective from 8:30 STRUCTURES implementation of the FOIA within the a.m. on June 9, 2018 through 11 a.m. on Department of the Air Force will June 10, 2018. ■ 11. The authority citation for part 40 ADDRESSES: To view documents continue to be published in Air Force continues to read as follows: sradovich on DSK3GMQ082PROD with RULES Manual 33–302 (available at http:// mentioned in this preamble as being Authority: 42 U.S.C. 3535(d), 4153. static.e-publishing.af.mil/production/1/ available in the docket, go to http:// saf_cio_a6/publication/dodm5400.07_ www.regulations.gov, type USCG–2018– § 40.2 [Amended] afman33-302/dodm5400.07_afman33- 0088 in the ‘‘SEARCH’’ box and click ■ 12. In § 40.2, amend paragraph (b)(3) 302.pdf). ‘‘SEARCH.’’ Click on Open Docket by removing ‘‘contained in appendix A This rule is one of 14 separate DoD Folder on the line associated with this to this part’’. FOIA rules. With the finalization of the rule. VerDate Sep<11>2014 15:41 Jun 06, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1

26362 Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: If vessels on specified waters of the Tred Management and Budget (OMB), and you have questions on this rule, call or Avon River before, during, and after the pursuant to OMB guidance it is exempt email Mr. Ronald Houck, U.S. Coast scheduled event. from the requirements of Executive Guard Sector Maryland—National Order 13771. IV. Discussion of Comments, Changes, This regulatory action determination Capital Region; telephone 410–576– and the Rule 2674, email Ronald.L.Houck@uscg.mil. is based on the size and duration of the SUPPLEMENTARY INFORMATION: As noted above, we received one regulated area, which would impact a comment on our NPRM published April small designated area of the Tred Avon I. Table of Abbreviations 4, 2018. The comment addressed issues River for 21⁄2 hours. The Coast Guard CFR Code of Federal Regulations not related to this rulemaking. will issue a Broadcast Notice to DHS Department of Homeland Security Therefore, there are no substantive Mariners via VHF–FM marine channel FR Federal Register changes in the regulatory text of this 16 about the status of the regulated area. NPRM Notice of proposed rulemaking rule from the proposed rule in the Moreover, the rule will allow vessels to § Section NPRM. request permission to enter the U.S.C. United States Code This rule establishes a special local regulated area, and vessel traffic will be II. Background Information and regulation to be enforced from 8:30 a.m. able to safely transit the regulated area until 11 a.m. on June 9, 2018, and if once the Coast Guard Patrol Commander Regulatory History necessary, due to inclement weather, deems it safe to do so. On June 13, 2017, Charcot-Marie- from 8:30 a.m. until 11 a.m. on June 10, Tooth Association of Trappe, MD, 2018. The regulated area covers all B. Impact on Small Entities notified the Coast Guard that from 9:15 navigable waters of the Tred Avon The Regulatory Flexibility Act of a.m. until 10:15 a.m. on June 9, 2018, River, from shoreline to shoreline, 1980, 5 U.S.C. 601–612, as amended, and if necessary, due to inclement within an area bounded on the east by requires Federal agencies to consider weather, from 9:15 a.m. until 10:15 a.m. a line drawn from latitude 38°42′25″ N, the potential impact of regulations on on June 10, 2018, it will be conducting longitude 076°10′45″ W, thence south to small entities during rulemaking. The the swim portion of the Oxford Biathlon latitude 38°41′37″ N, longitude term ‘‘small entities’’ comprises small in the Tred Avon River that starts at 076°10′26″ W, and bounded on the west businesses, not-for-profit organizations Bellevue, MD and finishes at Oxford, by a line drawn from latitude 38°41′58″ that are independently owned and MD. In response, on April 4, 2018, the N, longitude 076°11′04″ W, thence south operated and are not dominant in their Coast Guard published a notice of to latitude 38°41′25″ N, longitude fields, and governmental jurisdictions proposed rulemaking (NPRM) entitled 076°10′49″ W, thence east to latitude with populations of less than 50,000. ‘‘Special Local Regulation; Tred Avon 38°41′25″ N, longitude 076°10′30″ W, The Coast Guard certifies under 5 U.S.C. River, between Bellevue, MD and located at Oxford, MD. The enforcement 605(b) that this rule will not have a Oxford, MD’’ (83 FR 14381). There we and duration of the regulated area is significant economic impact on a stated why we issued the NPRM, and intended to ensure the safety of event substantial number of small entities. invited comments on our proposed participants and vessels within the While some owners or operators of regulatory action related to this specified navigable waters before, vessels intending to transit the regulated fireworks display. During the comment during, and after the 9:15 a.m. to 10:15 area may be small entities, for the period that ended May 4, 2018, we a.m. swim. Except for Oxford Biathlon reasons stated in section V.A above, this received one comment. participants, no vessel or person will be rule will not have a significant Under 5 U.S.C. 553(d)(3), the Coast permitted to enter the regulated area economic impact on any vessel owner Guard finds that good cause exists for without obtaining permission from the or operator. making this rule effective less than 30 COTP Maryland—National Capital Under section 213(a) of the Small days after publication in the Federal Region or Coast Guard Patrol Business Regulatory Enforcement Register. Due to the date of the event, Commander. Fairness Act of 1996 (Pub. L. 104–121), it would be impracticable and contrary we want to assist small entities in to the public interest to make the V. Regulatory Analyses understanding this rule. If the rule regulation effective 30 days after We developed this rule after would affect your small business, publication in the Federal Register. The considering numerous statutes and organization, or governmental regulation must be in place by June 9th Executive orders related to rulemaking. jurisdiction and you have questions in order to protect the public from the Below we summarize our analyses concerning its provisions or options for hazards associated with this swim based on a number of these statutes and compliance, please contact the person event. Executive orders, and we discuss First listed in the FOR FURTHER INFORMATION Amendment rights of protestors. CONTACT section. III. Legal Authority and Need for Rule Small businesses may send comments The Coast Guard is issuing this rule A. Regulatory Planning and Review on the actions of Federal employees under authority in 33 U.S.C. 1233, Executive Orders 12866 and 13563 who enforce, or otherwise determine which authorizes the Coast Guard to direct agencies to assess the costs and compliance with, Federal regulations to establish and define special local benefits of available regulatory the Small Business and Agriculture regulations. The Captain of the Port alternatives and, if regulation is Regulatory Enforcement Ombudsman (COTP) Maryland—National Capital necessary, to select regulatory and the Regional Small Business Region has determined that potential approaches that maximize net benefits. Regulatory Fairness Boards. The sradovich on DSK3GMQ082PROD with RULES hazards associated with the swim would Executive Order 13771 directs agencies Ombudsman evaluates these actions be a safety concern for anyone intending to control regulatory costs through a annually and rates each agency’s to operate within certain waters of the budgeting process. This rule has not responsiveness to small business. If you Tred Avon River between Bellevue, MD, been designated a ‘‘significant wish to comment on actions by and Oxford, MD. The purpose of this regulatory action,’’ under Executive employees of the Coast Guard, call 1– rulemaking is to protect event Order 12866. Accordingly, this rule has 888–REG–FAIR (1–888–734–3247). The participants, spectators and transiting not been reviewed by the Office of Coast Guard will not retaliate against VerDate Sep<11>2014 15:41 Jun 06, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1

Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations 26363 small entities that question or complain implementation of regulations within 33 (4) Participant means all persons and about this rule or any policy or action CFR part 100 applicable to organized vessels registered with the event of the Coast Guard. marine events on the navigable waters sponsor as participating in the Oxford of the United States that could Biathlon event or otherwise designated C. Collection of Information negatively impact the safety of by event sponsor as having a function This rule will not call for a new waterway users and shore side activities tied to the event. collection of information under the in the event area lasting 21⁄2 hours. It is (b) Location. The following location is Paperwork Reduction Act of 1995 (44 categorically excluded from further a regulated area: All navigable waters of U.S.C. 3501–3520). review under paragraph L[61] of the Tred Avon River, from shoreline to Appendix A, Table 1 of DHS Instruction shoreline, within an area bounded on D. Federalism and Indian Tribal Manual 023–01–001–01, Rev. 01. A the east by a line drawn from latitude Governments Memorandum For Record for 38°42′25″ N, longitude 076°10′45″ W, A rule has implications for federalism Categorically Excluded Actions thence south to latitude 38°41′37″ N, under Executive Order 13132, supporting this determination is longitude 076°10′26″ W, and bounded Federalism, if it has a substantial direct available in the docket where indicated on the west by a line drawn from effect on the States, on the relationship under ADDRESSES. latitude 38°41′58″ N, longitude between the national government and 076°11′04″ W, thence south to latitude the States, or on the distribution of G. Protest Activities 38°41′25″ N, longitude 076°10′49″ W, power and responsibilities among the The Coast Guard respects the First thence east to latitude 38°41′25″ N, various levels of government. We have Amendment rights of protesters. longitude 076°10′30″ W, located at analyzed this rule under that Order and Protesters are asked to contact the Oxford, MD. All coordinates reference have determined that it is consistent person listed in the FOR FURTHER Datum NAD 1983. with the fundamental federalism INFORMATION CONTACT section to (c) Special local regulations. (1) The principles and preemption requirements coordinate protest activities so that your COTP or Coast Guard Patrol described in Executive Order 13132. message can be received without Commander may forbid and control the Also, this rule does not have tribal jeopardizing the safety or security of movement of all vessels and persons, implications under Executive Order people, places or vessels. including event participants, in the 13175, Consultation and Coordination regulated area. When hailed or signaled with Indian Tribal Governments, List of Subjects in 33 CFR Part 100 by an official patrol, a vessel or person because it does not have a substantial Marine safety, Navigation (water), in the regulated area shall immediately direct effect on one or more Indian Reporting and recordkeeping comply with the directions given. tribes, on the relationship between the requirements, Waterways. Failure to do so may result in expulsion Federal Government and Indian tribes, from the area, citation for failure to For the reasons discussed in the or on the distribution of power and comply, or both. The Coast Guard Patrol preamble, the Coast Guard amends 33 responsibilities between the Federal Commander may terminate the event, or CFR part 100 as follows: Government and Indian tribes. If you the operation of any support vessel believe this rule has implications for PART 100—SAFETY OF LIFE ON participating in the event, at any time it federalism or Indian tribes, please NAVIGABLE WATERS is deemed necessary for the protection contact the person listed in the FOR of life or property. FURTHER INFORMATION CONTACT section ■ 1. The authority citation for part 100 (2) Except for participants and vessels above. continues to read as follows: already at berth, all persons and vessels within the regulated area at the time it E. Unfunded Mandates Reform Act Authority: 33 U.S.C. 1233; 33 CFR 1.05–1. is activated are to depart the regulated The Unfunded Mandates Reform Act ■ 2. Add § 100.501T05–0088 to read as area. of 1995 (2 U.S.C. 1531–1538) requires follows: (3) Persons and vessels desiring to Federal agencies to assess the effects of transit, moor, or anchor within the their discretionary regulatory actions. In § 100.501T05–0088 Special Local regulated area must obtain authorization particular, the Act addresses actions Regulation; Tred Avon River, between from the COTP Maryland—National Bellevue, MD and Oxford, MD. Capital Region or Coast Guard Patrol that may result in the expenditure by a State, local, or tribal government, in the (a) Definitions—(1) Captain of the Commander. During the enforcement aggregate, or by the private sector of Port (COTP) Maryland—National period, persons or vessel operators may $100,000,000 (adjusted for inflation) or Capital Region means the Commander, request permission to transit, moor, or more in any one year. Though this rule U.S. Coast Guard Sector Maryland— anchor within the regulated area from will not result in such an expenditure, National Capital Region or any Coast the Coast Guard Patrol Commander on we do discuss the effects of this rule Guard commissioned, warrant or petty Marine Band Radio, VHF–FM channel elsewhere in this preamble. officer who has been authorized by the 16 (156.8 MHz). The Coast Guard Patrol COTP to act on his behalf. Commander and official patrol vessels F. Environment (2) Coast Guard Patrol Commander enforcing this regulated area can be We have analyzed this rule under means a commissioned, warrant, or contacted on marine band radio VHF– Department of Homeland Security petty officer of the U.S. Coast Guard FM channel 16 (156.8 MHz) and Directive 023–01, which guides the who has been designated by the channel 22A (157.1 MHz). Coast Guard in complying with the Commander, Coast Guard Sector (4) The Coast Guard will publish a sradovich on DSK3GMQ082PROD with RULES National Environmental Policy Act of Maryland—National Capital Region. notice in the Fifth Coast Guard District 1969 (42 U.S.C. 4321–4370f), and have (3) Official Patrol means any vessel Local Notice to Mariners and issue a determined that this action is one of a assigned or approved by Commander, marine information broadcast on VHF– category of actions that do not Coast Guard Sector Maryland—National FM marine band radio. individually or cumulatively have a Capital Region with a commissioned, (d) Enforcement officials. The Coast significant effect on the human warrant, or petty officer on board and Guard may be assisted with the marine environment. This rule involves displaying a Coast Guard ensign. event patrol and enforcement of the VerDate Sep<11>2014 15:41 Jun 06, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1

26364 Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations regulated area by other Federal, State, open the east leaf of the span only. The SUMMARY: The Coast Guard has issued a and local agencies. bridge is also authorized to maintain the temporary deviation from the operating (e) Enforcement period. This section west leaf in the closed-to-navigation schedule that governs the Hutchinson will be enforced from 8:30 a.m. until 11 position to marine traffic, and reduce River Parkway Bridge across the a.m. on June 9, 2018, and if necessary, the vertical clearance up to ten feet. Hutchinson River, mile 0.9 at New York, due to inclement weather, from 8:30 This deviation period is from 7 a.m. on New York. This deviation is necessary a.m. until 11 a.m. on June 10, 2018. July 1, 2018 to 4 p.m. on October 13, to allow the bridge to remain in the Dated: June 4, 2018. 2018. closed-to-navigation position to Joseph B. Loring, The Burnside Bridge provides a facilitate structural repairs. vertical clearance of 41 feet in the DATES: This deviation is effective from Captain, U.S. Coast Guard, Captain of the Port Maryland—National Capital Region. closed-to-navigation position referenced 12:01 a.m. on July 16, 2018 to 11:59 to Columbia River Datum 0.0, and the p.m. on September 16, 2018. [FR Doc. 2018–12281 Filed 6–6–18; 8:45 am] west leaf will be reduced to 31 feet with BILLING CODE 9110–04–P ADDRESSES: The docket for this scaffolding installed. The horizontal clearance for an east leaf opening will deviation, USCG–2018–0440 is available be 100 feet. The normal operating at http://www.regulations.gov. Type the DEPARTMENT OF HOMELAND docket number in the ‘‘SEARCH’’ box SECURITY schedule is in 33 CFR 117.897. Waterway usage on this part of the and click ‘‘SEARCH’’. Click on Open Willamette River includes vessels Docket Folder on the line associated Coast Guard ranging from commercial tug and barge with this deviation. 33 CFR Part 117 to small pleasure craft. The Coast Guard FOR FURTHER INFORMATION CONTACT: If contacted all known users of the you have questions on this temporary [Docket No. USCG–2018–0300] deviation, call or email Judy Leung-Yee, Willamette River for comment, and we received no objections for this Bridge Management Specialist, First Drawbridge Operation Regulation; deviation. District Bridge Branch, U.S. Coast Willamette River at Portland, OR Vessels able to pass through the Guard; telephone 212–514–4336, email AGENCY: Coast Guard, DHS. bridge in the closed-to-navigation Judy.K.Leung-Yee@uscg.mil. ACTION:Notice of deviation from position may do so at any time. The SUPPLEMENTARY INFORMATION: The New drawbridge regulation. bridge will be able to open the east side York City Department of Transportation, of the span only for emergencies, and the bridge owner, requested a temporary SUMMARY: The Coast Guard has issued a there is no immediate alternate route for deviation from the normal operating temporary deviation from the operating vessels to pass. The Coast Guard will schedule to facilitate structural repairs. schedule that governs the Burnside inform the users of the waterway, The Hutchinson River Parkway Bridge, Bridge across the Willamette River, mile through our Local and Broadcast across the Hutchinson River, mile 0.9 at 12.4, at Portland, OR. The deviation is Notices to Mariners, of the change in New York, New York has a vertical necessary to accommodate bridge operating schedule for the bridges so clearance of 30 feet at mean high water repairs and upgrades. This deviation that vessels can arrange their transits to and 38 feet at mean low water in the allows the double bascule bridge to minimize any impact caused by the closed position. The existing operate one side only in single leaf temporary deviation. drawbridge operating regulations are mode. In accordance with 33 CFR 117.35(e), listed at 33 CFR 117.793(b). DATES: This deviation is effective from the drawbridge must return to its regular Under this temporary deviation, from 7 a.m. on July 1, 2018 to 4 p.m. on operating schedules immediately at the 12:01 a.m. on July 16, 2018 to 11:59 October 13, 2018. end of the effective period of this p.m. on September 16, 2018 the draw of ADDRESSES: The docket for this temporary deviation. This deviation the Hutchinson River Parkway Bridge deviation, USCG–2018–0300 is available from the operating regulations is will be closed to navigation for a period at http://www.regulations.gov. Type the authorized under 33 CFR 117.35. not to exceed 14 days; the draw will docket number in the ‘‘SEARCH’’ box Dated: May 23, 2018. then open for vessels in accordance and click ‘‘SEARCH.’’ Click on Open Steven M. Fischer, with established operating regulations Docket Folder on the line associated Bridge Administrator, Thirteenth Coast Guard for a period not to exceed another 7 with this deviation. District. days, after which the cycle will repeat. FOR FURTHER INFORMATION CONTACT: If [FR Doc. 2018–12282 Filed 6–6–18; 8:45 am] The waterway is transited by you have questions on this temporary BILLING CODE 9110–04–P commercial and recreational traffic. The deviation, call or email Mr. Steven bridge owner notified known Fischer, Bridge Administrator, commercial vessel operators that transit Thirteenth Coast Guard District; DEPARTMENT OF HOMELAND the waterway and there were no telephone 206–220–7282, email d13-pf- SECURITY objections to this temporary deviation. d13bridges@uscg.mil. Vessels able to pass under the bridge in SUPPLEMENTARY INFORMATION: Coast Guard the closed position may do so at any Multnomah County, Oregon owns the time. The bridge will not be able to open Burnside Bridge, crossing the 33 CFR Part 117 for emergencies and there is no Willamette River, mile 12.4, at Portland, [Docket No. USCG–2018–0440] immediate alternate route for vessels to sradovich on DSK3GMQ082PROD with RULES OR, and has requested a temporary pass. deviation from the operating schedule. Drawbridge Operation Regulation; The Coast Guard will also inform the The requested deviation is to Hutchinson River, New York, NY users of the waterways through our accommodate bridge repairs and AGENCY: Coast Guard, DHS. Local and Broadcast Notices to Mariners upgrades. To facilitate this maintenance, of the change in operating schedule for ACTION:Notice of deviation from the draw of the subject bridge will be the bridge so that vessel operators can drawbridge regulation. authorized to operate in single leaf and arrange their transits to minimize any VerDate Sep<11>2014 15:41 Jun 06, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1


Document Created: 2018-06-07 00:50:04
Document Modified: 2018-06-07 00:50:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8:30 a.m. on June 9, 2018 through 11 a.m. on June 10, 2018.
ContactIf you have questions on this rule, 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 26361 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways
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