83 FR 41032 - Special Local Regulation; Breton Bay, Leonardtown, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 160 (August 17, 2018)

Page Range		41032-41035
FR Document		2018-17763
The Coast Guard proposes to establish special local regulations for certain waters of the Breton Bay. This action is necessary to provide for the safety of life on these navigable waters of Breton Bay, at Leonardtown, MD, on October 6, 2018 and October 7, 2018. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative. We invite your comments on this proposed rulemaking.
Federal Register, Volume 83 Issue 160 (Friday, August 17, 2018)
[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Proposed Rules]
[Pages 41032-41035]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17763]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0225]
RIN 1625-AA08


Special Local Regulation; Breton Bay, Leonardtown, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local 
regulations for certain waters of the Breton Bay. This action is 
necessary to provide for the safety of life on these navigable waters 
of Breton Bay, at Leonardtown, MD, on October 6, 2018 and October 7, 
2018. This proposed rulemaking would prohibit persons and vessels from 
being in the regulated area unless authorized by the Captain of the 
Port Maryland-National Capital Region or a designated representative. 
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-
2018-0225 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 MST2 Dane Grulkey, U.S. Coast Guard 
Sector Maryland-National Capital Region; telephone 410-576-2570, 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
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On January 22, 2018, the Southern Maryland Boat Club notified the 
Coast Guard that they will be conducting their fall regatta from 8 a.m. 
to 5 p.m. on October 6, 2018, and October 7, 2018. The regatta consists 
of approximately 40 boats, participating in an exhibition of vintage 
outboard racing V-hull boats; the regatta is not a competition but 
rather a demonstration of the vintage race craft. Hazards from the 
regatta include vessels reaching speeds of 90 mph and include risks of 
injury or death resulting from near or actual contact among participant 
vessels and spectator vessels or waterway users if normal vessel 
traffic were to interfere with the event. The COTP Maryland-National 
Capital Region has determined that potential hazards associated with 
the regatta would be a safety concern for anyone intending to operate 
within specified waters.
    The purpose of this rulemaking is to protect marine event 
participants, spectators and transiting vessels on specified waters of 
Breton Bay 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 to be enforced from 7:30 a.m. to 5:30 p.m. on 
October 6, 2018, and from 7:30 a.m. to 5:30 p.m. on October 7, 2018. 
The regulated area would include all navigable waters within Breton 
Bay, from shoreline to shoreline, within an area bound by a line drawn 
along latitude 38[deg]16'43'' N;

[[Page 41033]]

and bounded to the west by a line drawn along longitude 
76[deg]38'29.5'' W, located at Leonardtown, MD. This rule provides 
additional information about designated areas within the regulated 
area, including ``Race Area'', ``Buffer Zone'' and ``Spectator 
Area(s).'' 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 regatta, scheduled to occur 
between 8 a.m. to 5 p.m. each day of the event. Except for 
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.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size and 
duration of the regulated area, which would impact a small designated 
area of Breton Bay during October 6-7, 2018, for a total of 18 hours. 
The Coast Guard would issue a Broadcast Notice to Mariners via marine 
band radio VHF-FM 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 
safety zone may be small entities, for the reasons stated in section 
IV-A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security 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 the creation of a special 
local regulation to be enforced a total of 18 hours over two days. This 
category of marine event water activities includes but is not limited 
to sail boat regattas, boat parades, power boat racing, swimming 
events, crew racing, canoe and sail board racing. Normally such actions 
are categorically excluded from further review under paragraph 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 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

[[Page 41034]]

INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

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

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.501T05-0225 to read as follows:


Sec.  100.501T05-0225  Special Local Regulation; Breton Bay, 
Leonardtown, MD.

    (a) Definitions. (1) Captain of the Port Maryland-National Capital 
Region means the Commander, U.S. Coast Guard Sector Maryland-National 
Capital Region or a Coast Guard commissioned, warrant or petty officer 
who has been authorized by the Captain of the Port to act on his 
behalf.
    (2) Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the U.S. Coast Guard who has been designated by the 
Commander, Coast Guard Sector Maryland-National Capital Region.
    (3) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Maryland-National Capital Region with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (4) Spectator means any person or vessel not registered with the 
event sponsor as a participant or an official patrol vessel.
    (5) Participant means any person or vessel participating in the 
Southern Maryland Boat Club Fall Regatta event under the auspices of 
the Marine Event Permit issued to the event sponsor and approved by 
Commander, Coast Guard Sector Maryland-National Capital Region.
    (b) Regulated area. All coordinates reference Datum NAD 1983.
    (1) Coordinates: The following location is a regulated area: All 
navigable waters within Breton Bay, MD, immediately adjacent to 
Leonardtown, MD shoreline, from shoreline to shoreline, within an area 
bounded to the east by a line drawn along latitude 38[deg]16'43'' N and 
bounded to the west by a line drawn along longitude 076[deg]38'29.5'' 
W, located at Leonardtown, MD.
    (2) Race area: Located within the waters of Breton Bay, MD in an 
area bound by a line commencing at position latitude 38[deg]17'07.2'' 
N, longitude 076[deg]38'17.3'' W, thence southeast to latitude 
38[deg]16'55.3'' N, longitude 076[deg]37'48'' W, thence southwest to 
latitude 38[deg]16'50.1'' N, longitude 076[deg]37'51.3'' W, thence 
northwest to latitude 38[deg]17'01.9'' N, longitude 076[deg]38'21'' W, 
thence northeast to point of origin.
    (3) Buffer zone: Located within the waters of Breton Bay, MD. The 
area surrounds the entire race area described in the preceding 
paragraph of this section. This area is rectangular in shape and 
provides a buffer of approximately 125 yards around the perimeter of 
the race area. The area is bounded by a line commencing at position 
latitude 38[deg]17'12'' N, longitude 076[deg]38'19.6'' W; thence 
southeast to latitude 38[deg]16'57'' N, longitude 076[deg]37'40.5'' W; 
thence southwest to latitude 38[deg]16'44.8'' N, longitude 
076[deg]37'48.2'' W; thence northwest to latitude 38[deg]17'00.2'' N, 
longitude 076[deg]38'27.8'' W; thence northeast to point of origin.
    (4) Spectator areas: (i) Spectator area A. The area is bounded by a 
line commencing at position latitude 38[deg]16'52.1'' N, longitude 
076[deg]38'14.2'' W; thence northeast to latitude 38[deg]16'54'' N, 
longitude 076[deg]38'12.5'' W; thence southeast to latitude 
38[deg]16'48.6'' N, longitude 076[deg]37'59.3'' W; thence south to 
latitude 38[deg]16'47.4'' N, longitude 076[deg]37'59.3'' W; thence 
northwest along the shoreline to point of origin.
    (ii) Spectator area B. The area is bounded by a line commencing at 
position latitude 38[deg]16'59.1'' N, longitude 076[deg]37'45.6'' W; 
thence southeast to latitude 38[deg]16'57.1'' N, longitude 
076[deg]37'40.2'' W; thence southwest to latitude 38[deg]16'54.3'' N, 
longitude 076[deg]37'41.9'' W; thence southeast to latitude 
38[deg]16'51.8'' N, longitude 076[deg]37'36.4'' W; thence northeast to 
latitude 38[deg]16'55.2'' N, longitude 076[deg]37'34.2'' W; thence 
northwest to latitude 38[deg]16'59.2'' N, longitude 076[deg]37'37.2'' 
W; thence west to latitude 38[deg]17'01.7'' N, longitude 
076[deg]37'43.7'' W; thence south to point of origin.
    (iii) Spectator area C. The area is bounded by a line commencing at 
position latitude 38[deg]16'47.2'' N, longitude 076[deg]37'54.8'' W; 
thence south to latitude 38[deg]16'43.3'' N, longitude 
076[deg]37'55.2'' W; thence east to latitude 38[deg]16'43.2'' N, 
longitude 076[deg]37'47.8'' W; thence north to latitude 
38[deg]16'44.7'' N, longitude 076[deg]37'48.5'' W; thence northwest to 
point of origin.
    (c) Special local regulations: (1) The Captain of the Port 
Maryland-National Capital Region or the 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.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (iii) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the race course.

[[Page 41035]]

    (3) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any participant, at any time it is deemed necessary 
for the protection of life or property.
    (4) The Race Area is an area described by a line bounded by 
coordinates provided in latitude and longitude that outlines the 
boundary of a Race Area within the regulated area defined in paragraph 
(b)(2) of this section. The actual placement of the race course will be 
determined by the marine event sponsor but must be located within the 
designated boundaries of the Race Area. Only participants and official 
patrol vessels are allowed to enter the Race Area.
    (5) The Buffer Zone is an area that surrounds the perimeter of the 
Race Area within the regulated area defined in paragraph (b)(3) of this 
section. The purpose of a Buffer Zone is to minimize potential 
collision conflicts with participants and spectators or nearby 
transiting vessels. This area provides separation between the Race Area 
and Spectator Area or other vessels that are operating in the vicinity 
of the regulated area defined in paragraph (b)(1) of this section. Only 
participants and official patrol vessels are allowed to enter the 
Buffer Zone.
    (6) The Spectator Area is an area described by a line bounded by 
coordinates provided in latitude and longitude that outlines the 
boundary of a spectator area within the regulated area defined in 
paragraph (b)(4) of this section. Spectators are only allowed inside 
the regulated area if they remain within the Spectator Area. All 
spectator vessels shall be anchored or operate at a no-wake speed while 
transiting within the Spectator Area. Spectators may contact the Coast 
Guard Patrol Commander to request permission to either enter the 
Spectator Area or pass through the regulated area. If permission is 
granted, spectators must enter the Spectator Area or pass directly 
through the regulated area as instructed at safe speed and without 
loitering.
    (7) 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). Persons and 
vessels desiring to transit, moor, or anchor within the regulated area 
must obtain authorization from Captain of the Port Maryland-National 
Capital Region or Coast Guard Patrol Commander. The Captain of the Port 
Maryland-National Capital Region can be contacted at telephone number 
410-576-2693 or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). 
The Coast Guard Patrol Commander can be contacted on Marine Band Radio, 
VHF-FM channel 16 (156.8 MHz).
    (8) 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 periods. This section will be enforced from 7:30 
a.m. to 5:30 p.m. on October 6, 2018 and from 7:30 a.m. to 5:30 p.m. on 
October 7, 2018.

    Dated: August 13, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-17763 Filed 8-16-18; 8:45 am]
 BILLING CODE 9110-04-P
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;

VerDate Sep<11>2014 16:55 Aug 16, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\17AUP1.SGM 17AUP1
Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Proposed Rules 41033

and bounded to the west by a line term ‘‘small entities’’ comprises small Governments, because it would not have
drawn along longitude 76°38′29.5″ W, businesses, not-for-profit organizations a substantial direct effect on one or
located at Leonardtown, MD. This rule that are independently owned and more Indian tribes, on the relationship
provides additional information about operated and are not dominant in their between the Federal Government and
designated areas within the regulated fields, and governmental jurisdictions Indian tribes, or on the distribution of
area, including ‘‘Race Area’’, ‘‘Buffer with populations of less than 50,000. power and responsibilities between the
Zone’’ and ‘‘Spectator Area(s).’’ The The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes.
duration of the regulated area is 605(b) that this proposed rule would not If you believe this proposed rule has
intended to ensure the safety of event have a significant economic impact on implications for federalism or Indian
participants and vessels within the a substantial number of small entities. tribes, please contact the person listed
specified navigable waters before, While some owners or operators of in the FOR FURTHER INFORMATION
during, and after the regatta, scheduled vessels intending to transit the safety CONTACT section.
to occur between 8 a.m. to 5 p.m. each zone may be small entities, for the
E. Unfunded Mandates Reform Act
day of the event. Except for participants, reasons stated in section IV–A above,
no vessel or person would be permitted this proposed rule would not have a The Unfunded Mandates Reform Act
to enter the regulated area without significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
obtaining permission from the COTP vessel owner or operator. Federal agencies to assess the effects of
Maryland-National Capital Region or the If you think that your business, their discretionary regulatory actions. In
Coast Guard Patrol Commander. organization, or governmental particular, the Act addresses actions
jurisdiction qualifies as a small entity that may result in the expenditure by a
IV. Regulatory Analyses and that this rule would have a State, local, or tribal government, in the
We developed this proposed rule after significant economic impact on it, aggregate, or by the private sector of
considering numerous statutes and please submit a comment (see $100,000,000 (adjusted for inflation) or
Executive orders related to rulemaking. ADDRESSES) explaining why you think it more in any one year. Though this
Below we summarize our analyses qualifies and how and to what degree proposed rule would not result in such
based on a number of these statutes and this rule would economically affect it. an expenditure, we do discuss the
Executive orders and we discuss First Under section 213(a) of the Small effects of this rule elsewhere in this
Amendment rights of protestors. Business Regulatory Enforcement preamble.
Fairness Act of 1996 (Pub. L. 104–121), F. Environment
A. Regulatory Planning and Review
we want to assist small entities in
Executive Orders 12866 and 13563 understanding this proposed rule. If the We have analyzed this proposed rule
direct agencies to assess the costs and rule would affect your small business, under Department of Homeland
benefits of available regulatory organization, or governmental Security Directive 023–01 and
alternatives and, if regulation is jurisdiction and you have questions Commandant Instruction M16475.1D,
necessary, to select regulatory concerning its provisions or options for which guide the Coast Guard in
approaches that maximize net benefits. compliance, please contact the person complying with the National
Executive Order 13771 directs agencies listed in the FOR FURTHER INFORMATION Environmental Policy Act of 1969 (42
to control regulatory costs through a CONTACT section. The Coast Guard will U.S.C. 4321–4370f), and have made a
budgeting process. This NPRM has not not retaliate against small entities that preliminary determination that this
been designated a ‘‘significant question or complain about this action is one of a category of actions that
regulatory action,’’ under Executive proposed rule or any policy or action of do not individually or cumulatively
Order 12866. Accordingly, the NPRM the Coast Guard. have a significant effect on the human
has not been reviewed by the Office of environment. This proposed rule
Management and Budget (OMB), and C. Collection of Information involves the creation of a special local
pursuant to OMB guidance it is exempt This proposed rule would not call for regulation to be enforced a total of 18
from the requirements of Executive a new collection of information under hours over two days. This category of
Order 13771. the Paperwork Reduction Act of 1995 marine event water activities includes
This regulatory action determination (44 U.S.C. 3501–3520). but is not limited to sail boat regattas,
is based on the size and duration of the boat parades, power boat racing,
regulated area, which would impact a D. Federalism and Indian Tribal swimming events, crew racing, canoe
small designated area of Breton Bay Governments and sail board racing. Normally such
during October 6–7, 2018, for a total of A rule has implications for federalism actions are categorically excluded from
18 hours. The Coast Guard would issue under Executive Order 13132, further review under paragraph L61 of
a Broadcast Notice to Mariners via Federalism, if it has a substantial direct Appendix A, Table 1 of DHS Instruction
marine band radio VHF–FM channel 16 effect on the States, on the relationship Manual 023–01–001–01, Rev. 01. A
about the status of the regulated area. between the national government and preliminary Memorandum For Record
Moreover, the rule would allow vessel the States, or on the distribution of for Categorically Excluded Actions is
operators to request permission to enter power and responsibilities among the available in the docket where indicated
the regulated area for the purpose of various levels of government. We have under ADDRESSES. We seek any
safely transiting the regulated area if analyzed this proposed rule under that comments or information that may lead
deemed safe to do so by the Coast Guard Order and have determined that it is to the discovery of a significant
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Patrol Commander. consistent with the fundamental environmental impact from this
federalism principles and preemption proposed rule.
B. Impact on Small Entities requirements described in Executive
The Regulatory Flexibility Act of Order 13132. G. Protest Activities
1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have The Coast Guard respects the First
requires Federal agencies to consider tribal implications under Executive Amendment rights of protesters.
the potential impact of regulations on Order 13175, Consultation and Protesters are asked to contact the
small entities during rulemaking. The Coordination with Indian Tribal person listed in the FOR FURTHER

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Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Proposed Rules 41035

(3) The Coast Guard Patrol Commander can be contacted on Marine www.regulations.gov. Follow the online
Commander may terminate the event, or Band Radio, VHF–FM channel 16 (156.8 instructions for submitting comments.
the operation of any participant, at any MHz). Once submitted, comments cannot be
time it is deemed necessary for the (8) The Coast Guard will publish a edited or removed from
protection of life or property. notice in the Fifth Coast Guard District www.regulations.gov. The EPA may
(4) The Race Area is an area described Local Notice to Mariners and issue a publish any comment received to its
by a line bounded by coordinates marine information broadcast on VHF– public docket. Do not submit
provided in latitude and longitude that FM marine band radio. electronically any information you
outlines the boundary of a Race Area (d) Enforcement periods. This section consider to be Confidential Business
within the regulated area defined in will be enforced from 7:30 a.m. to 5:30 Information (CBI) or other information
paragraph (b)(2) of this section. The p.m. on October 6, 2018 and from 7:30 whose disclosure is restricted by statute.
actual placement of the race course will a.m. to 5:30 p.m. on October 7, 2018. Multimedia submissions (audio, video,
be determined by the marine event Dated: August 13, 2018. etc.) must be accompanied by a written
sponsor but must be located within the Joseph B. Loring, comment. The written comment is
designated boundaries of the Race Area. considered the official comment and
Captain, U.S. Coast Guard, Captain of the
Only participants and official patrol should include discussion of all points
Port Maryland-National Capital Region.
vessels are allowed to enter the Race you wish to make. The EPA will
[FR Doc. 2018–17763 Filed 8–16–18; 8:45 am]
Area. generally not consider comments or
(5) The Buffer Zone is an area that BILLING CODE 9110–04–P
comment contents located outside of the
surrounds the perimeter of the Race primary submission (i.e., on the web,
Area within the regulated area defined cloud, or other file sharing system). For
in paragraph (b)(3) of this section. The ENVIRONMENTAL PROTECTION
additional submission methods, the full
purpose of a Buffer Zone is to minimize AGENCY
EPA public comment policy,
potential collision conflicts with information about CBI or multimedia
participants and spectators or nearby 40 CFR Part 52
submissions, and general guidance on
transiting vessels. This area provides [EPA–R08–0AR–2018–0530; FRL–9982–03— making effective comments, please visit
separation between the Race Area and Region 8] http://www2.epa.gov/dockets/
Spectator Area or other vessels that are commenting-epa-dockets.
operating in the vicinity of the regulated Approval and Promulgation of Air
Docket: All documents in the docket
area defined in paragraph (b)(1) of this Quality Implementation Plans; State of
are listed in the www.regulations.gov
section. Only participants and official Colorado; Motor Vehicle Inspection
index. Although listed in the index,
patrol vessels are allowed to enter the and Maintenance Program and
some information is not publicly
Buffer Zone. Associated Revisions
available, e.g., CBI or other information
(6) The Spectator Area is an area
AGENCY: Environmental Protection whose disclosure is restricted by statute.
described by a line bounded by
Agency (EPA). Certain other material, such as
coordinates provided in latitude and
ACTION: Proposed rule. copyrighted material, will be publicly
longitude that outlines the boundary of
available only in hard copy. Publicly
a spectator area within the regulated SUMMARY: The Environmental Protection
area defined in paragraph (b)(4) of this available docket materials are available
Agency (EPA) is proposing approval of either electronically in
section. Spectators are only allowed two State Implementation Plan (SIP)
inside the regulated area if they remain www.regulations.gov or in hard copy at
revisions submitted by the State of the Air Program, Environmental
within the Spectator Area. All spectator Colorado. The revisions involve
vessels shall be anchored or operate at Protection Agency (EPA), Region 8,
amendments to Colorado’s Regulation 1595 Wynkoop Street, Denver, Colorado
a no-wake speed while transiting within Number 11, ‘‘Motor Vehicle Emissions
the Spectator Area. Spectators may 80202–1129. The EPA requests that if at
Inspection Program.’’ The revisions all possible, you contact the individual
contact the Coast Guard Patrol enhance the use of Regulation Number
Commander to request permission to listed in the FOR FURTHER INFORMATION
11’s Clean Screen Program, allow self- CONTACT section to view the hard copy
either enter the Spectator Area or pass inspecting vehicle fleets to use the On-
through the regulated area. If permission of the docket. You may view the hard
Board Diagnostics (OBD) testing copy of the docket Monday through
is granted, spectators must enter the
procedure, provide corrections to the Friday, 8:00 a.m. to 4:00 p.m., excluding
Spectator Area or pass directly through
Low Emitter Index (LEI) component of federal holidays.
the regulated area as instructed at safe
the Clean Screen Program, clarify FOR FURTHER INFORMATION CONTACT: Tim
speed and without loitering.
(7) The Coast Guard Patrol existing provisions, correct Russ, Air Program, EPA, Region 8, Mail-
Commander and official patrol vessels administrative errors, delete obsolete code 8P–AR, 1595 Wynkoop Street,
enforcing this regulated area can be language, establish inspection Denver, Colorado 80202–1129, (303)
contacted on marine band radio VHF– procedures for when emission control 312–6479, or russ.tim@epa.gov.
FM channel 16 (156.8 MHz) and equipment tampering is detected, and
SUPPLEMENTARY INFORMATION:
channel 22A (157.1 MHz). Persons and make several other minor associated
revisions. These actions are being taken Throughout this document wherever
vessels desiring to transit, moor, or ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
anchor within the regulated area must under section 110 of the Clean Air Act
the EPA.
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obtain authorization from Captain of the (CAA).
Port Maryland-National Capital Region DATES: Written comments must be I. Background
or Coast Guard Patrol Commander. The received on or before September 17, Colorado’s Regulation Number 11
Captain of the Port Maryland-National 2018. (hereafter ‘‘Reg. No. 11’’) addresses the
Capital Region can be contacted at ADDRESSES: Submit your comments, implementation of the State’s motor
telephone number 410–576–2693 or on identified by Docket ID No. EPA–R08– vehicle inspection and maintenance (I/
Marine Band Radio, VHF–FM channel OAR–2018–0530, to the Federal M) program. The I/M program consists
16 (156.8 MHz). The Coast Guard Patrol Rulemaking Portal: https:// of an ‘‘enhanced’’ component that

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Document Created: 2018-08-17 03:25:55
Document Modified: 2018-08-17 03:25:55
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 MST2 Dane Grulkey, U.S. Coast Guard Sector Maryland-National Capital Region; telephone 410-576-2570, email [email protected]
FR Citation		83 FR 41032
RIN Number		1625-AA08
CFR Associated		Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways
83 FR 41032 - Special Local Regulation; Breton Bay, Leonardtown, MD

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 160 (August 17, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
