[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)]
[Rules and Regulations]
[Pages 49489-49492]
[FR Doc No: 2018-21350]

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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary 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 regulation prohibits persons and vessels from entering the
regulated area unless authorized by the Captain of the Port Maryland-
National Capital Region or the Coast Guard Patrol Commander.

DATES: This rule is effective from 7:30 a.m. on October 6, 2018 to 5:30
p.m. on October 7, 2018. It will be enforced from 7:30 a.m. to 5:30
p.m. on each of those days.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0225 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 MST2 Dane Grulkey, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On January 22, 2018, the Southern Maryland Boat Club notified the
Coast Guard that it will be conducting the club's 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. Vessels may reach
speeds of 90 mph. Hazards 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.
    In response, on August 17, 2018, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled ``Special Local Regulation; Breton
Bay, Leonardtown, MD'' (83 FR 41032). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this high-speed power boat racing event. 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. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with the regatta.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port (COTP) Maryland-National Capital Region
has determined that potential hazards associated with the regatta will
be a safety concern for anyone intending to participate in this event
or for vessels that operate within specified waters of Breton Bay at
Leonardtown, MD. The purpose of this rule is to protect marine event
participants, spectators and transiting vessels on specified waters of
Breton Bay 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 substantive changes in the regulatory
text of this rule from the proposed rule in the NPRM.
    This rule establishes a temporary special local regulation 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 covers 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; and
bounded to the west by a line drawn along longitude 076[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 will be permitted to enter the regulated area without obtaining
permission from the COTP Maryland-National Capital Region or the Coast
Guard Patrol Commander.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order13771 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 20
enforcement-hours. The Coast Guard will issue a Broadcast Notice to
Mariners via marine band radio VHF-FM channel 16 about the status of
the regulated area. Moreover, the rule will 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 received 0 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
regulated area may be small entities, for the reasons stated in section
V.A above, this proposed rule would 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.

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
Order13132.
    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
a special local regulation to be enforced a total of 20 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. 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.  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.
    (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: September 26, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2018-21350 Filed 10-1-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Pages 49219-49220]
[FR Doc No: 2017-23066]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4342-DR; Docket ID FEMA-2017-0001]

Idaho; Amendment No. 1 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Idaho (FEMA-4342-DR), dated October 7, 2017, and
related determinations.

DATES: The change occurred on October 10, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Sharon Loper,
of FEMA is appointed to act as the Federal Coordinating Officer for
this emergency.
    This action terminates the appointment of Timothy B. Manner as
Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used

for reporting and drawing funds: 97.030, Community Disaster Loans;
97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster
Legal Services; 97.034, Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant; 97.048, Disaster Housing
Assistance to Individuals and Households In Presidentially Declared
Disaster Areas; 97.049, Presidentially Declared Disaster
Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidentially Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-23066 Filed 10-23-17; 8:45 am]
 BILLING CODE 9111-23-P