83 FR 51625 - Special Local Regulation; Choptank River, Talbot and Dorchester Counties, MD
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 198 (October 12, 2018)
Coast Guard
Federal Register Volume 83, Issue 198 (October 12, 2018)
| Page Range | 51625-51628 | |
| FR Document | 2018-22224 |
[Federal Register Volume 83, Number 198 (Friday, October 12, 2018)] [Rules and Regulations] [Pages 51625-51628] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22224] ======================================================================= ----------------------------------------------------------------------- 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: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing temporary 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 regulation prohibits 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. DATES: This rule is effective without actual notice from October 12, 2018 through 5:30 p.m. on October 15, 2018. For the purposes of enforcement, actual notice will be used from 11:30 a.m. on October 7, 2018 until October 12, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0577 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. 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 COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History On February 13, 2018, the Tred Avon Yacht Club of Oxford, MD, notified the Coast Guard through submission of a marine event application that from October 5, 2018, through October 15, 2018, it will be conducting a sailboat [[Page 51626]] regatta, the 2018 Star World Championship on the Choptank River, in Talbot and Dorchester Counties, near Oxford, MD. Race activities on navigable waters are planned each afternoon of the regatta beginning on October 7th. In response, on August 17, 2018, the Coast Guard published a notice of proposed rulemaking (NPRM) titled ``Special Local Regulation; Choptank River, Talbot and Dorchester Counties, MD'' (83 FR 41029). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this sailboat regatta. During the comment period that ended September 17, 2018, we received no comments. 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 October 7th in order to protect the public from the hazards associated with this sailing regatta. Therefore, the Coast Guard is making this rule effective immediately. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Maryland-National Capital Region (COTP) has determined that potential hazards associated with the sailboat regatta will be a safety concern for anyone intending to operate in or near the race area. The purpose of this rule is to protect event participants, spectators, and transiting vessels on specified waters of the Choptank River before, during, and after the scheduled event. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published August 17, 2018. There are no 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 11:30 a.m. until 5:30 p.m., each day, from October 7, 2018, through October 15, 2018. The regulated 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 rule provides additional information about an area within the regulated area, the ``Race Area.'' The 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 sail boat races, scheduled from noon until 5 p.m. on October 7, 8, 9, 10, 11, 12, 13, 14, and 15, 2018. Except for participants and vessels already at berth, a person or vessel within the regulated area at the start of enforcement of this special local regulation must immediately depart the regulated area. A spectator must contact the Coast Guard Patrol Commander (PATCOM) to request permission to either enter or pass through the regulated area. The PATCOM 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. Only participant vessels and official patrol vessels are allowed to enter the race area. 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, duration and location of the regulated area. Vessel traffic will 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 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 seek permission to enter the regulated area, and vessel traffic will 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 received no comments from the Small Business Administration on this rulemaking. 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 safety zone 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 small entities that question or complain about this rule or any policy or action of the Coast Guard. [[Page 51627]] 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. 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 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 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. The temporary regulated area will be enforced daily during a nine-day period during the sailboat regatta. It is categorically excluded from further review under paragraph L61 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. [thinsp]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 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 [[Page 51628]] 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: September 26, 2018. Joseph B. Loring, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2018-22224 Filed 10-11-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations 51625
provisions of part 29, as amended by Discussion of Comments DEPARTMENT OF HOMELAND
Amendment 29–1 through 29–55 SECURITY
thereto. The BHTI Model 525 Notice of proposed special conditions
certification basis date is December 31, No. 29–045–SC for the BHTI Model 525 Coast Guard
2013, the effective date of application to helicopter was published in the Federal
the FAA. Register on June 6, 2018 (83 FR 26225). 33 CFR Part 100
If the Administrator finds that the No comments were received, and the
[Docket Number USCG–2018–0577]
applicable airworthiness regulations special conditions are adopted as
(i.e., 14 CFR part 29) do not contain proposed. RIN 1625–AA08
adequate or appropriate safety standards Applicability Special Local Regulation; Choptank
for the BHTI Model 525 because of a River, Talbot and Dorchester Counties,
novel or unusual design feature, special As discussed above, these special MD
conditions are prescribed under the conditions are applicable to the BHTI
provisions of § 21.16. Model 525 helicopter. Should BHTI AGENCY: Coast Guard, DHS.
Special conditions are initially apply at a later date for a change to the ACTION: Temporary final rule.
applicable to the model for which they type certificate to include another
are issued. Should the type certificate model incorporating the same novel or SUMMARY: The Coast Guard is
for that model be amended later to unusual design feature, the special establishing temporary special local
include any other model that conditions would apply to that model as regulations for certain navigable waters
incorporates the same or similar novel well. of the Choptank River. This action is
or unusual design feature, the special necessary to provide for the safety of life
conditions would also apply to the other Conclusion on these waters near Oxford, MD, from
model under § 21.101. October 7, 2018, through October 15,
This action affects only certain novel 2018, during a sailboat regatta. This
In addition to the applicable or unusual design features on one model regulation prohibits persons and vessels
airworthiness regulations and special of rotorcraft. It is not a rule of general from being in the regulated area unless
conditions, the BHTI Model 525 applicability. authorized by the Captain of the Port
helicopter must comply with the noise
List of Subjects in 14 CFR Part 29 Maryland-National Capital Region or a
certification requirements of 14 CFR
designated representative.
part 36, and the FAA must issue a
finding of regulatory adequacy under Aircraft, Aviation safety, Reporting DATES: This rule is effective without
section 611 of Public Law 92–574, the and recordkeeping requirements. actual notice from October 12, 2018
‘‘Noise Control Act of 1972.’’ through 5:30 p.m. on October 15, 2018.
The authority citation for these
For the purposes of enforcement, actual
The FAA issues special conditions, as special conditions is as follows:
notice will be used from 11:30 a.m. on
defined in 14 CFR 11.19, in accordance Authority: 49 U.S.C. 106(g), 40113, 44701, October 7, 2018 until October 12, 2018.
with § 11.38, and they become part of 44702, 44704.
the type-certification basis under ADDRESSES: To view documents
§ 21.17(a)(2). The Special Conditions mentioned in this preamble as being
available in the docket, go to http://
Novel or Unusual Design Features Accordingly, pursuant to the www.regulations.gov, type USCG–2018–
authority delegated to me by the 0577 in the ‘‘SEARCH’’ box and click
The BHTI Model 525 helicopter
Administrator, the following special ‘‘SEARCH.’’ Click on Open Docket
incorporates the following novel or
conditions are issued as part of the type Folder on the line associated with this
unusual design features: A four-axis full
certification basis for Bell Helicopter rule.
authority digital FBW FCS. Pilot control
inputs, through the mechanically linked Textron, Inc., Model 525 helicopters: FOR FURTHER INFORMATION CONTACT: If
cockpit controls (cyclic, collective, you have questions on this rule, call or
Control Margin Awareness
directional pedals), are transmitted email Mr. Ronald Houck, U.S. Coast
electrically to each of the three Flight In addition to the existing § 29.143 Guard Sector Maryland-National Capital
Control Computers (FCCs). The pilot requirements, the following special Region; telephone 410–576–2674, email
control input signals are then processed condition applies: The system design Ronald.L.Houck@uscg.mil.
and transmitted to the hydraulic flight must ensure that the flight crew is made SUPPLEMENTARY INFORMATION:
control actuators which affect control of suitably aware whenever the means of I. Table of Abbreviations
the main and tail rotors. primary flight control approaches the
CFR Code of Federal Regulations
Discussion limits of control authority. For the
COTP Captain of the Port
context of this special condition, the DHS Department of Homeland Security
These special conditions require the term ‘‘suitable’’ indicates an appropriate FR Federal Register
minimum safety standard to ensure balance between nuisance and NPRM Notice of proposed rulemaking
awareness of proximity to control limits necessary operation. § Section
at the main rotor and tail rotor is U.S.C. United States Code
provided to pilots of the Bell Model 525 Issued in Ft Worth, Texas, on October 3,
helicopter. The system design must 2018. II. Background Information and
Regulatory History
khammond on DSK30JT082PROD with RULES
provide the pilot with sufficient Jorge Castillo,
awareness of proximity to control limits, Acting Manager, Rotorcraft Standards On February 13, 2018, the Tred Avon
traditionally achieved through Branch, Policy and Innovation Division, Yacht Club of Oxford, MD, notified the
conventional flight controls by the Aircraft Certification Service. Coast Guard through submission of a
pilot’s inherent awareness of cyclic stick [FR Doc. 2018–22265 Filed 10–11–18; 8:45 am] marine event application that from
and pedal position relative to control BILLING CODE 4910–13–P October 5, 2018, through October 15,
stops. 2018, it will be conducting a sailboat
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![51626 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations
regatta, the 2018 Star World 38°41′39027″ N, longitude 076°18′18.35″ impact a small designated area of the
Championship on the Choptank River, W, thence east to point of origin, located Choptank River for 54 hours. The Coast
in Talbot and Dorchester Counties, near near Oxford, MD. This rule provides Guard will issue a Broadcast Notice to
Oxford, MD. Race activities on additional information about an area Mariners via VHF–FM marine channel
navigable waters are planned each within the regulated area, the ‘‘Race 16 about the status of the regulated area.
afternoon of the regatta beginning on Area.’’ The duration of the special local Moreover, the rule will allow vessels to
October 7th. In response, on August 17, regulations and size of the regulated seek permission to enter the regulated
2018, the Coast Guard published a area are intended to ensure the safety of area, and vessel traffic will be able to
notice of proposed rulemaking (NPRM) life on these navigable waters before, safely transit the regulated area once the
titled ‘‘Special Local Regulation; during, and after sail boat races, PATCOM deems it safe to do so.
Choptank River, Talbot and Dorchester scheduled from noon until 5 p.m. on
Counties, MD’’ (83 FR 41029). There we October 7, 8, 9, 10, 11, 12, 13, 14, and B. Impact on Small Entities
stated why we issued the NPRM, and 15, 2018. Except for participants and The Regulatory Flexibility Act of
invited comments on our proposed vessels already at berth, a person or 1980, 5 U.S.C. 601–612, as amended,
regulatory action related to this sailboat vessel within the regulated area at the requires Federal agencies to consider
regatta. During the comment period that start of enforcement of this special local the potential impact of regulations on
ended September 17, 2018, we received regulation must immediately depart the small entities during rulemaking. The
no comments. regulated area. A spectator must contact term ‘‘small entities’’ comprises small
Under 5 U.S.C. 553(d)(3), the Coast the Coast Guard Patrol Commander businesses, not-for-profit organizations
Guard finds that good cause exists for (PATCOM) to request permission to that are independently owned and
making this rule effective less than 30 either enter or pass through the operated and are not dominant in their
days after publication in the Federal regulated area. The PATCOM can be fields, and governmental jurisdictions
Register. Due to the date of the event, contacted on marine band radio VHF–
with populations of less than 50,000.
it would be impracticable and contrary FM channel 16 (156.8 MHz) and
The Coast Guard received no comments
to the public interest to make the channel 22A (157.1 MHz). If permission
from the Small Business Administration
regulation effective 30 days after is granted, the spectator may enter the
on this rulemaking. The Coast Guard
publication in the Federal Register. The regulated area or pass directly through
certifies under 5 U.S.C. 605(b) that this
regulation must be in place by October the regulated area as instructed by
rule will not have a significant
7th in order to protect the public from PATCOM. A vessel within the regulated
economic impact on a substantial
the hazards associated with this sailing area must operate at a safe speed that
number of small entities.
regatta. Therefore, the Coast Guard is minimizes wake. A spectator vessel
making this rule effective immediately. must not loiter within the navigable While some owners or operators of
channel while within the regulated area. vessels intending to transit the safety
III. Legal Authority and Need for Rule zone may be small entities, for the
Only participant vessels and official
The Coast Guard is issuing this rule patrol vessels are allowed to enter the reasons stated in section V.A above, this
under authority in 33 U.S.C. 1231. The race area. rule will not have a significant
Captain of the Port Maryland-National economic impact on any vessel owner
Capital Region (COTP) has determined V. Regulatory Analyses or operator.]
that potential hazards associated with We developed this rule after Under section 213(a) of the Small
the sailboat regatta will be a safety considering numerous statutes and Business Regulatory Enforcement
concern for anyone intending to operate Executive orders related to rulemaking. Fairness Act of 1996 (Pub. L. 104–121),
in or near the race area. The purpose of Below we summarize our analyses we want to assist small entities in
this rule is to protect event participants, based on a number of these statutes and understanding this rule. If the rule
spectators, and transiting vessels on Executive orders, and we discuss First would affect your small business,
specified waters of the Choptank River Amendment rights of protestors. organization, or governmental
before, during, and after the scheduled jurisdiction and you have questions
A. Regulatory Planning and Review
event. concerning its provisions or options for
Executive Orders 12866 and 13563
IV. Discussion of Comments, Changes, direct agencies to assess the costs and compliance, please contact the person
and the Rule benefits of available regulatory listed in the FOR FURTHER INFORMATION
CONTACT section.
As noted above, we received no alternatives and, if regulation is
comments on our NPRM published necessary, to select regulatory Small businesses may send comments
August 17, 2018. There are no changes approaches that maximize net benefits. on the actions of Federal employees
in the regulatory text of this rule from Executive Order 13771 directs agencies who enforce, or otherwise determine
the proposed rule in the NPRM. to control regulatory costs through a compliance with, Federal regulations to
This rule establishes a special local budgeting process. This rule has not the Small Business and Agriculture
regulation to be enforced from 11:30 been designated a ‘‘significant Regulatory Enforcement Ombudsman
a.m. until 5:30 p.m., each day, from regulatory action,’’ under Executive and the Regional Small Business
October 7, 2018, through October 15, Order 12866. Accordingly, this rule has Regulatory Fairness Boards. The
2018. The regulated area would cover not been reviewed by the Office of Ombudsman evaluates these actions
all navigable waters of the Choptank Management and Budget (OMB), and annually and rates each agency’s
River, within an area bounded by the pursuant to OMB guidance it is exempt responsiveness to small business. If you
khammond on DSK30JT082PROD with RULES
following coordinates: Commencing at from the requirements of Executive wish to comment on actions by
latitude 38°41′39.02″ N, longitude Order 13771. employees of the Coast Guard, call 1–
076°11′19.18″ W, thence south to This regulatory action determination 888–REG–FAIR (1–888–734–3247). The
latitude 38°37′28.68″ N, longitude is based on the size, duration and Coast Guard will not retaliate against
076°11′19.18″ W, thence west to latitude location of the regulated area. Vessel small entities that question or complain
38°37′28.68″ N, longitude 076°18′18.35″ traffic will be able to safely transit about this rule or any policy or action
W, thence north to latitude around this regulated area, which would of the Coast Guard.
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spectator vessel must not loiter within River, mile 12.1, in Portland, OR. The from the operating schedule. The Coast
the navigable channel while within the deviation is necessary to support the Guard will also inform the users of the
regulated area. Run Like Hell half marathon run event. waterway through our Local and
(4) Only participant vessels and This deviation allows the upper lift Broadcast Notices to Mariners of the
official patrol vessels are allowed to span of the bridge to remain in the change in operating schedule for the
enter the race area. closed-to-navigation position. subject bridge so that vessel operators
(5) A person or vessel that desires to DATES: This deviation is effective from can arrange their transits to minimize
transit, moor, or anchor within the 8 a.m. to 11:30 a.m. on October 21, any impact caused by the temporary
regulated area must first obtain 2018. deviation.
authorization from the COTP Maryland- In accordance with 33 CFR 117.35(e),
ADDRESSES: The docket for this
National Capital Region or PATCOM. A the drawbridge must return to its regular
deviation, USCG–2018–0922, is
person or vessel seeking such operating schedule immediately at the
available at http://www.regulations.gov.
permission can contact the PATCOM on Type the docket number in the end of the designated time period. This
Marine Band Radio, VHF–FM channel ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ deviation from the operating regulations
16 (156.8 MHz). Click on Open Docket Folder on the line is authorized under 33 CFR 117.35.
(6) The Coast Guard will publish a
associated with this deviation. Dated: October 5, 2018.
notice in the Fifth Coast Guard District
FOR FURTHER INFORMATION CONTACT: If Steven M. Fischer,
Local Notice to Mariners and issue a
marine information broadcast on VHF– you have questions on this temporary Bridge Administrator, Thirteenth Coast Guard
FM marine band radio announcing deviation, call or email Mr. Steven District.
specific event date and times. Fischer, Bridge Administrator, [FR Doc. 2018–22231 Filed 10–11–18; 8:45 am]
(d) Enforcement periods. This section Thirteenth Coast Guard District; BILLING CODE 9110–04–P
will be enforced during each of the telephone 206–220–7282, email d13-pf-
following times: d13bridges@uscg.mil.
(1) From 11:30 a.m. until 5:30 p.m. on SUPPLEMENTARY INFORMATION: Union DEPARTMENT OF HOMELAND
October 7, 2018. Pacific Railroad Company (UPRR) owns SECURITY
(2) From 11:30 a.m. until 5:30 p.m. on and operates the Steel Bridge across the
Willamette River, at mile 12.1, in Coast Guard
October 8, 2018.
(3) From 11:30 a.m. until 5:30 p.m. on Portland, OR. UPRR has requested a
temporary deviation from the operating 33 CFR Part 165
October 9, 2018.
(4) From 11:30 a.m. until 5:30 p.m. on schedule for the Steel Bridge upper lift [Docket No. USCG–2018–0921]
October 10, 2018. span. The deviation is necessary to
(5) From 11:30 a.m. until 5:30 p.m. on accommodate the annual Run Like Hell Safety Zone; Lower Mississippi River,
October 11, 2018. half marathon run event. The Steel Mile Markers 94 to 97 Above Head of
(6) From 11:30 a.m. until 5:30 p.m. on Bridge is a double-deck lift bridge and Passes
October 12, 2018. the lower lift span operates independent
of the upper lift span. To facilitate this AGENCY: Coast Guard, DHS.
(7) From 11:30 a.m. until 5:30 p.m. on
October 13, 2018. temporary deviation request, the upper ACTION: Notice of enforcement of
(8) From 11:30 a.m. until 5:30 p.m. on lift span is authorized to remain in the regulation.
October 14, 2018. closed-to-navigation position, and need SUMMARY: The Coast Guard will enforce
(9) From 11:30 a.m. until 5:30 p.m. on not open to marine vessels from 8 a.m. a safety zone for the navigable waters of
October 15, 2018. to 11:30 a.m. on October 21, 2018. When the Mississippi River between mile
Dated: September 26, 2018. the lower span is in the closed-to- marker (MM) 94 and (MM) 97, above
navigation position, the bridge provides
Joseph B. Loring, Head of Passes on November 30, 2018,
26 feet of vertical clearance above
Captain, U.S. Coast Guard, Captain of the to provide for the safety of persons,
Columbia River Datum 0.0. When the
Port Maryland-National Capital Region. vessels, and the marine environment on
upper span is in the closed-to-
[FR Doc. 2018–22224 Filed 10–11–18; 8:45 am] navigable waterways during a fireworks
navigation position, and the lower span
BILLING CODE 9110–04–P display.
is in the open-to-navigation position,
DATES: The regulations in 33 CFR
the vertical clearance is 71 feet above
Columbia River Datum 0.0. The lower 165.845 will be enforced from 5:30 p.m.
DEPARTMENT OF HOMELAND through 7 p.m. on November 30, 2018.
lift span of the Steel Bridge operates in
SECURITY FOR FURTHER INFORMATION CONTACT: If
accordance with 33 CFR 117.5.
Waterway usage on this part of the you have questions about this notice of
Coast Guard
Willamette River includes vessels enforcement, call or email Lieutenant
ranging from commercial tug and barge Brian Porter, Sector New Orleans
33 CFR Part 117
to small pleasure craft. Vessels able to Waterways Management, U.S. Coast
[Docket No. USCG–2018–0922] pass through the subject bridge with the Guard; telephone 504–365–2375, email
lower deck in the closed-to-navigation brian.j.porter@uscg.mil.
Drawbridge Operation Regulation; position, or in the open-to-navigation SUPPLEMENTARY INFORMATION: The Coast
Willamette River, Portland, OR position may do so at any time. The Guard will enforce a temporary safety
AGENCY: Coast Guard, DHS. lower and upper lift of the Steel Bridge zone in accordance with the regulations
khammond on DSK30JT082PROD with RULES
ACTION:Notice of deviation from will be able to open for emergencies, in 33 CFR 165.845 from 5:30 p.m.
drawbridge regulation. and there is no immediate alternate through 7 p.m. on November 30, 2018.
route for vessels to pass. The Coast This action is being taken to provide for
SUMMARY: The Coast Guard has issued a Guard requested objections from known the safety of persons, vessels, and the
temporary deviation from the operating river users groups to this deviation via marine environment on navigable
schedule that governs the upper deck of email. We have not received any waters during this event. Our regulation
the Steel Bridge across the Willamette objections to this temporary deviation for firework displays on the Mississippi
VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1](https://thefederalregister.org/doc/83_FR_51823/page/4.svg)
Document Created: 2018-10-13 10:08:54
Document Modified: 2018-10-13 10:08:54
| 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 | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective without actual notice from October 12, 2018 through 5:30 p.m. on October 15, 2018. For the purposes of enforcement, actual notice will be used from 11:30 a.m. on October 7, 2018 until October 12, 2018. | |
| 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] | |
| FR Citation | 83 FR 51625 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways |
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