83 FR 41029 - Special Local Regulation; Choptank River, Talbot and Dorchester Counties, MD
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 160 (August 17, 2018)
Coast Guard
Federal Register Volume 83, Issue 160 (August 17, 2018)
| Page Range | 41029-41032 | |
| FR Document | 2018-17762 |
[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)] [Proposed Rules] [Pages 41029-41032] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17762] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2018-0577] RIN 1625-AA08 Special Local Regulation; Choptank River, Talbot and Dorchester Counties, MD AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish special local regulations for certain navigable waters of the Choptank River. This action is necessary to provide for the safety of life on these waters near Oxford, MD, from October 7, 2018, through October 15, 2018, during a sailboat regatta. This proposed rule would prohibit persons and vessels from being in 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 September 17, 2018. ADDRESSES: You may submit comments identified by docket number USCG- 2018-0577 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 PATCOM Patrol Commander Sec. Section U.S.C. United States Code II. Background, Purpose, and Legal Basis On February 13, 2018, the Tred Avon Yacht Club of Oxford, MD, notified the Coast Guard through submission of a marine event application that it is planning to conduct a sailboat regatta from October 5, 2018, through October 15, 2018, the 2018 Star World Championship. Race activities on navigable waters are planned each afternoon of the regatta beginning on October 7th. The regatta consists of approximately 100 2-person, 23-foot long International Star Class sailboats. These vessels will operate along a designated and marked 2.5 nautical mile long course. The course is located on the Choptank River, in Talbot and Dorchester Counties, near Oxford, MD. Hazards from the sailboat regatta include participants operating within and adjacent to a designated navigation channel and interfering with vessels intending to operate within that channel, as well as injury to persons and damage to property that involve [[Page 41030]] vessel mishaps during sailboat regattas conducted on navigable waters. The Captain of the Port Maryland-National Capital Region (COTP) has determined that potential hazards associated with the sailboat regatta would be a safety concern for anyone intending to operate in or near the race area. The purpose of this rulemaking is to protect event participants, spectators, and transiting vessels on waters in and near the race area before, during, and after the scheduled event. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1233, which authorizes the Coast Guard to establish special local regulations to promote the safety of life on navigable waters during regattas or marine parades. III. Discussion of Proposed Rule The COTP Maryland-National Capital Region is proposing to establish special local regulations that would be enforced from 11:30 a.m. until 5:30 p.m., each day, from October 7, 2018, through October 15, 2018. The proposed regulated area is rectangular in shape, measuring approximately six nautical miles in length by four nautical miles in width. The area would cover all navigable waters of the Choptank River, within an area bounded by the following coordinates: commencing at latitude 38[deg]41'39.02'' N, longitude 076[deg]11'19.18'' W, thence south to latitude 38[deg]37'28.68'' N, longitude 076[deg]11'19.18'' W, thence west to latitude 38[deg]37'28.68'' N, longitude 076[deg]18'18.35'' W, thence north to latitude 38[deg]41'39027'' N, longitude 076[deg]18'18.35'' W, thence east to point of origin, located near Oxford, MD. This proposed rule provides additional information about an area within the regulated area, the ``Race Area'', and its definition. The proposed duration of the special local regulations and size of the regulated area are intended to ensure the safety of life on these navigable waters before, during, and after races, scheduled from noon until 5 p.m. on October 7, 8, 9, 10, 11, 12, 13, 14, and 15, 2018. The COTP and PATCOM would have authority to forbid and control the movement of 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 would be required to immediately comply with directions given by the COTP or PATCOM. If a person or vessel fails to follow such directions, the Coast Guard may expel them from the area, issue them a citation for failure to comply, or both. Except for 2018 Star World Championship participants, a vessel or person would be required to get permission from the COTP or PATCOM before entering the regulated area. Vessel operators can request permission to enter and transit through the regulated area by contacting the PATCOM on VHF-FM channel 16. Vessel traffic would be able to safely transit the regulated area once the PATCOM deems it safe to do so. A person or vessel not registered with the event sponsor as a participant or assigned as official patrols would be considered a spectator. Official Patrols are any vessel assigned or approved by the Commander, Coast Guard Sector Maryland-National Capital Region with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. If permission is granted permission by the COTP or PATCOM, a person or vessel would be allowed to enter the regulated area or pass directly through the regulated area as instructed. Vessels would be required to operate at a safe speed that minimizes wake while within the regulated area. Official patrol vessels will direct spectator vessels while within the regulated area. Vessels would be prohibited from loitering within the navigable channel. 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, duration and location of the regulated area. Vessel traffic would be able to safely transit around this regulated area, which would impact a small designated area of the Choptank River for 54 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 vessels to seek permission to enter the regulated area, and vessel traffic would be able to safely transit the regulated area once the PATCOM 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 proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the regulated area may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). [[Page 41031]] 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 Directive 023-01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves implementation of regulations within 33 CFR part 100 applicable to organized marine events on the navigable waters of the United States. The temporary regulated area that would be enforced daily during a nine-day period during the sailboat regatta.. Normally such actions are categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary Memorandum For Record for Categorically Excluded Actions supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS 0 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233; 33 CFR 1.05-1. 0 2. Add Sec. 100.501T05-0577 to read as follows: Sec. 100.501T05-0577 Special Local Regulation; Choptank River, Talbot and Dorchester Counties, MD. (a) Definitions. As used in this section: 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 the COTP's behalf. Coast Guard Patrol Commander (PATCOM) 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. Official Patrol means a vessel assigned or approved by the Commander, Coast Guard Sector Maryland-National Capital Region with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. Participant means a person or vessel registered with the event sponsor as participating in the 2018 Star World Championship regatta or otherwise designated by the regatta's sponsor as having a function tied to the event. Spectator means a person or vessel not registered with the event sponsor as a participant or assigned as an official patrol. (b) Locations. All coordinates reference Datum NAD 1983. (1) Regulated area. All navigable waters of the Choptank River, bounded by a line connecting the following coordinates: Commencing at latitude 38[deg]41'39.02'' N, longitude 076[deg]11'19.18'' W, thence south to latitude 38[deg]37'28.68'' N, longitude 076[deg]11'19.18'' W, thence west to latitude 38[deg]37'28.68'' N, longitude 076[deg]18'18.35'' W, thence north to latitude 38[deg]41'39027'' N, longitude 076[deg]18'18.35'' W, thence east to point of origin, located near Oxford, MD. The [[Page 41032]] following location is within the regulated area: (2) Race Area. The race area is a circle in shape with its center located at position latitude 38[deg]39'48.00'' N, longitude 076[deg]15'03.42'' W. The area is bounded by a line measuring approximately 2.5 nautical miles in diameter. (c) Special local regulations: (1) The COTP Maryland-National Capital Region or PATCOM 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 must immediately comply with the directions given by the patrol. Failure to do so may result in the Coast Guard expelling the person or vessel from the area, issuing a citation for failure to comply, or both. The COTP Maryland-National Capital Region or PATCOM may terminate the event, or a participant's operations at any time the COTP Maryland-National Capital Region or PATCOM believes it necessary to do so for the protection of life or property. (2) Except for participants and vessels already at berth, a person or vessel within the regulated area at the start of enforcement of this section must immediately depart the regulated area. (3) A spectator must contact the PATCOM to request permission to either enter or pass through the regulated area. The PATCOM, 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). If permission is granted, the spectator may enter the regulated area or pass directly through the regulated area as instructed by PATCOM. A vessel within the regulated area must operate at a safe speed that minimizes wake. A spectator vessel must not loiter within the navigable channel while within the regulated area. (4) Only participant vessels and official patrol vessels are allowed to enter the race area. (5) A person or vessel that desires to transit, moor, or anchor within the regulated area must first obtain authorization from the COTP Maryland-National Capital Region or PATCOM. A person or vessel seeking such permission can contact the PATCOM on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). (6) The Coast Guard will publish a notice in the Fifth Coast Guard District Local Notice to Mariners and issue a marine information broadcast on VHF-FM marine band radio announcing specific event date and times. (d) Enforcement periods. This section will be enforced during each of the following times: (1) From 11:30 a.m. until 5:30 p.m. on October 7, 2018. (2) From 11:30 a.m. until 5:30 p.m. on October 8, 2018. (3) From 11:30 a.m. until 5:30 p.m. on October 9, 2018. (4) From 11:30 a.m. until 5:30 p.m. on October 10, 2018. (5) From 11:30 a.m. until 5:30 p.m. on October 11, 2018. (6) From 11:30 a.m. until 5:30 p.m. on October 12, 2018. (7) From 11:30 a.m. until 5:30 p.m. on October 13, 2018. (8) From 11:30 a.m. until 5:30 p.m. on October 14, 2018. (9) From 11:30 a.m. until 5:30 p.m. on October 15, 2018. Dated: August 13, 2018. Joseph B. Loring, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2018-17762 Filed 8-16-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Proposed Rules 41029
A major rule is one that would have an List of Subjects in 32 CFR Part 199 waters near Oxford, MD, from October
annual effect on the economy of $100 Claims, Dental health, Health care, 7, 2018, through October 15, 2018,
million or more or have certain other Health insurance, Individuals with during a sailboat regatta. This proposed
impacts. This proposed rule is not a disabilities, Military personnel. rule would prohibit persons and vessels
major rule under the Congressional from being in the regulated area unless
Accordingly, 32 CFR part 199 is authorized by the Captain of the Port
Review Act.
proposed to be amended as follows: Maryland-National Capital Region or the
Public Law 96–354, ‘‘Regulatory
PART 199—CIVILIAN HEALTH AND Coast Guard Patrol Commander. We
Flexibility Act’’ (RFA), (Title 5, U.S.C., invite your comments on this proposed
Sec. 601) MEDICAL PROGRAM OF THE
UNIFORMED SERVICES (CHAMPUS) rulemaking.
The Regulatory Flexibility Act DATES: Comments and related material
requires that each Federal agency ■ 1. The authority citation for part 199 must be received by the Coast Guard on
analyze options for regulatory relief of continues to read as follows: or before September 17, 2018.
small businesses if a rule has a ADDRESSES: You may submit comments
significant impact on a substantial Authority: 5 U.S.C. 301; 10 U.S.C. chapter
55. identified by docket number USCG–
number of small entities. For purposes 2018–0577 using the Federal
of the RFA, small entities include small ■ 2. Revise § 199.5(c)(7) introductory eRulemaking Portal at http://
businesses, nonprofit organizations, and text to read as follows: www.regulations.gov. See the ‘‘Public
small governmental jurisdictions. This Participation and Request for
§ 199.5 TRICARE Extended Care Health
proposed rule is not an economically Option (ECHO). Comments’’ portion of the
significant regulatory action, and it will SUPPLEMENTARY INFORMATION section for
not have a significant impact on a * * * * *
(c) * * * further instructions on submitting
substantial number of small entities. comments.
Therefore, this rule is not subject to the (7) Respite care. TRICARE
requirements of the RFA. beneficiaries enrolled in ECHO are FOR FURTHER INFORMATION CONTACT: If
eligible for a maximum of 16 hours of you have questions about this proposed
Public Law 104–4, Sec. 202, ‘‘Unfunded respite care per month. Respite care in rulemaking, call or email Mr. Ronald
Mandates Reform Act’’ defined is § 199.2. Respite care services Houck, U.S. Coast Guard Sector
Section 202 of the Unfunded will be provided by a TRICARE- Maryland-National Capital Region;
Mandates Reform Act of 1995 also authorized home health agency and will telephone 410–576–2674, email
requires that agencies assess anticipated be designed to provide health care Ronald.L.Houck@uscg.mil.
costs and benefits before issuing any services for the covered beneficiary, and SUPPLEMENTARY INFORMATION:
rule whose mandates require spending not baby-sitting or child-care services
I. Table of Abbreviations
in any one year of $100 million in 1995 for other members of the family. The
dollars, updated annually for inflation. benefit will not be cumulative, that is, CFR Code of Federal Regulations
any respite hours not used in one month COTP Captain of the Port
That threshold level is currently DHS Department of Homeland Security
approximately $140 million. This final will not be carried over or banked for
FR Federal Register
rule will not mandate any requirements use on another occasion. NPRM Notice of proposed rulemaking
for state, local, or tribal governments or * * * * * PATCOM Patrol Commander
the private sector. Dated: August 9, 2018. § Section
U.S.C. United States Code
Public Law 96–511, ‘‘Paperwork Shelly E. Finke,
Reduction Act’’ (Title 44, U.S.C., Alternate OSD Federal Register, Liaison II. Background, Purpose, and Legal
Chapter 35) Officer, Department of Defense. Basis
This rule will not impose significant [FR Doc. 2018–17463 Filed 8–16–18; 8:45 am] On February 13, 2018, the Tred Avon
additional information collection BILLING CODE 5001–06–P Yacht Club of Oxford, MD, notified the
requirements on the public under the Coast Guard through submission of a
Paperwork Reduction Act of 1995 (44 marine event application that it is
U.S.C. 3502–3511). Existing information DEPARTMENT OF HOMELAND planning to conduct a sailboat regatta
collection requirements of the TRICARE SECURITY from October 5, 2018, through October
and Medicare programs will be utilized. 15, 2018, the 2018 Star World
TRICARE ECHO respite care providers Coast Guard Championship. Race activities on
will be coding and filing claims in the navigable waters are planned each
same manner as they currently are with 33 CFR Part 100 afternoon of the regatta beginning on
TRICARE. [Docket Number USCG–2018–0577] October 7th. The regatta consists of
approximately 100 2-person, 23-foot
Executive Order 13132, ‘‘Federalism’’ RIN 1625–AA08 long International Star Class sailboats.
This rule has been examined for its These vessels will operate along a
Special Local Regulation; Choptank
impact under E.O. 13132, and it does designated and marked 2.5 nautical mile
River, Talbot and Dorchester Counties,
not contain policies that have long course. The course is located on
MD
federalism implications that would have the Choptank River, in Talbot and
amozie on DSK3GDR082PROD with PROPOSALS1
substantial direct effects on the States, AGENCY: Coast Guard, DHS. Dorchester Counties, near Oxford, MD.
on the relationship between the national ACTION: Notice of proposed rulemaking. Hazards from the sailboat regatta
Government and the States, or on the include participants operating within
distribution of powers and SUMMARY: The Coast Guard proposes to and adjacent to a designated navigation
responsibilities among the various establish special local regulations for channel and interfering with vessels
levels of Government. Therefore, certain navigable waters of the intending to operate within that
consultation with State and local Choptank River. This action is necessary channel, as well as injury to persons
officials is not required. to provide for the safety of life on these and damage to property that involve
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![41032 Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Proposed Rules
following location is within the (d) Enforcement periods. This section SUPPLEMENTARY INFORMATION section for
regulated area: will be enforced during each of the further instructions on submitting
(2) Race Area. The race area is a circle following times: comments.
in shape with its center located at (1) From 11:30 a.m. until 5:30 p.m. on FOR FURTHER INFORMATION CONTACT: If
position latitude 38°39′48.00″ N, October 7, 2018. you have questions about this proposed
longitude 076°15′03.42″ W. The area is (2) From 11:30 a.m. until 5:30 p.m. on rulemaking, call or email MST2 Dane
bounded by a line measuring October 8, 2018. Grulkey, U.S. Coast Guard Sector
approximately 2.5 nautical miles in (3) From 11:30 a.m. until 5:30 p.m. on
Maryland-National Capital Region;
diameter. October 9, 2018.
telephone 410–576–2570, email
(c) Special local regulations: (1) The (4) From 11:30 a.m. until 5:30 p.m. on
COTP Maryland-National Capital Dane.M.Grulkey@uscg.mil.
October 10, 2018.
Region or PATCOM may forbid and (5) From 11:30 a.m. until 5:30 p.m. on SUPPLEMENTARY INFORMATION:
control the movement of all vessels and October 11, 2018. I. Table of Abbreviations
persons, including event participants, in (6) From 11:30 a.m. until 5:30 p.m. on
the regulated area. When hailed or October 12, 2018. CFR Code of Federal Regulations
COTP Captain of the Port
signaled by an official patrol, a vessel or (7) From 11:30 a.m. until 5:30 p.m. on
DHS Department of Homeland Security
person in the regulated area must October 13, 2018. FR Federal Register
immediately comply with the directions (8) From 11:30 a.m. until 5:30 p.m. on NPRM Notice of proposed rulemaking
given by the patrol. Failure to do so may October 14, 2018. Pub. L. Public Law
result in the Coast Guard expelling the (9) From 11:30 a.m. until 5:30 p.m. on § Section
person or vessel from the area, issuing October 15, 2018. U.S.C. United States Code
a citation for failure to comply, or both. Dated: August 13, 2018. II. Background, Purpose, and Legal
The COTP Maryland-National Capital Joseph B. Loring, Basis
Region or PATCOM may terminate the Captain, U.S. Coast Guard, Captain of the
event, or a participant’s operations at On January 22, 2018, the Southern
Port Maryland-National Capital Region.
any time the COTP Maryland-National Maryland Boat Club notified the Coast
[FR Doc. 2018–17762 Filed 8–16–18; 8:45 am]
Capital Region or PATCOM believes it Guard that they will be conducting their
BILLING CODE 9110–04–P fall regatta from 8 a.m. to 5 p.m. on
necessary to do so for the protection of
life or property. October 6, 2018, and October 7, 2018.
(2) Except for participants and vessels The regatta consists of approximately 40
DEPARTMENT OF HOMELAND
already at berth, a person or vessel boats, participating in an exhibition of
SECURITY
within the regulated area at the start of vintage outboard racing V-hull boats;
enforcement of this section must Coast Guard the regatta is not a competition but
immediately depart the regulated area. rather a demonstration of the vintage
(3) A spectator must contact the 33 CFR Part 100 race craft. Hazards from the regatta
PATCOM to request permission to include vessels reaching speeds of 90
either enter or pass through the [Docket Number USCG–2018–0225] mph and include risks of injury or death
regulated area. The PATCOM, and RIN 1625–AA08 resulting from near or actual contact
official patrol vessels enforcing this among participant vessels and spectator
regulated area, can be contacted on Special Local Regulation; Breton Bay, vessels or waterway users if normal
marine band radio VHF–FM channel 16 Leonardtown, MD vessel traffic were to interfere with the
(156.8 MHz) and channel 22A (157.1 event. The COTP Maryland-National
MHz). If permission is granted, the AGENCY: Coast Guard, DHS. Capital Region has determined that
spectator may enter the regulated area or ACTION: Notice of proposed rulemaking. potential hazards associated with the
pass directly through the regulated area SUMMARY: The Coast Guard proposes to regatta would be a safety concern for
as instructed by PATCOM. A vessel establish special local regulations for anyone intending to operate within
within the regulated area must operate certain waters of the Breton Bay. This specified waters.
at a safe speed that minimizes wake. A The purpose of this rulemaking is to
action is necessary to provide for the
spectator vessel must not loiter within protect marine event participants,
safety of life on these navigable waters
the navigable channel while within the spectators and transiting vessels on
of Breton Bay, at Leonardtown, MD, on
regulated area. specified waters of Breton Bay before,
October 6, 2018 and October 7, 2018.
(4) Only participant vessels and during, and after the scheduled event.
This proposed rulemaking would
official patrol vessels are allowed to The Coast Guard proposes this
prohibit persons and vessels from being
enter the race area. rulemaking under authority in 33 U.S.C.
(5) A person or vessel that desires to in the regulated area unless authorized
1233, which authorize the Coast Guard
transit, moor, or anchor within the by the Captain of the Port Maryland-
to establish and define special local
regulated area must first obtain National Capital Region or a designated
regulations.
authorization from the COTP Maryland- representative. We invite your
National Capital Region or PATCOM. A comments on this proposed rulemaking. III. Discussion of Proposed Rule
person or vessel seeking such DATES: Comments and related material The COTP Maryland-National Capital
permission can contact the PATCOM on must be received by the Coast Guard on Region proposes to establish special
amozie on DSK3GDR082PROD with PROPOSALS1
Marine Band Radio, VHF–FM channel or before September 17, 2018. local regulations to be enforced from
16 (156.8 MHz). ADDRESSES: You may submit comments 7:30 a.m. to 5:30 p.m. on October 6,
(6) The Coast Guard will publish a identified by docket number USCG– 2018, and from 7:30 a.m. to 5:30 p.m. on
notice in the Fifth Coast Guard District 2018–0225 using the Federal October 7, 2018. The regulated area
Local Notice to Mariners and issue a eRulemaking Portal at http:// would include all navigable waters
marine information broadcast on VHF– www.regulations.gov. See the ‘‘Public within Breton Bay, from shoreline to
FM marine band radio announcing Participation and Request for shoreline, within an area bound by a
specific event date and times. Comments’’ portion of the line drawn along latitude 38°16′43″ N;
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Document Created: 2018-08-17 03:24:39
Document Modified: 2018-08-17 03:24:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before September 17, 2018. | |
| Contact | If you have questions about this proposed rulemaking, call or email Mr. Ronald Houck, U.S. Coast Guard Sector Maryland-National Capital Region; telephone 410-576-2674, email [email protected] | |
| FR Citation | 83 FR 41029 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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