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Federal Register / Vol. 86, No. 51 / Thursday, March 18, 2021 / Proposed Rules

COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking PATCOM Coast Guard Patrol Commander Section U.S.C. United States Code

D. Christopher Evans, Acting Administrator.
FR Doc. 202105589 Filed 31721; 8:45 am BILLING CODE 441009P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 100
Docket Number USCG20210103
RIN 1625AA08

Special Local Regulation; Choptank River, Between Trappe and Cambridge, MD
Coast Guard, DHS.
Notice of proposed rulemaking.

AGENCY:
ACTION:

The Coast Guard is proposing to establish temporary special local regulations for certain waters of the Choptank River. This action is necessary to provide for the safety of life on these navigable waters located between Trappe, Talbot County, MD, and Cambridge, Dorchester County, MD, during a swim event on May 16, 2021.
This proposed rulemaking would prohibit 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. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast Guard on or before April 19, 2021.
ADDRESSES: You may submit comments identified by docket number USCG
20210103 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.
SUMMARY:

If you have questions about this proposed rulemaking, call or email MST2 Shaun Landante, U.S. Coast Guard Sector Maryland-National Capital Region Waterways Management Division;
telephone 4105762570, email D05DG-SectorMD-NCR-MarineEvents@
uscg.mil.

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FOR FURTHER INFORMATION CONTACT:

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations CFR

Code of Federal Regulations
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II. Background, Purpose, and Legal Basis On February 15, 2021, the TCR Event Management of St. Michaels, MD, notified the Coast Guard that it will be conducting the Maryland Freedom Swim from 7 a.m. to 9:30 a.m. on May 16, 2021. The open water swim consists of approximately 200 participants competing on a designated 1.75-mile linear course. The course starts at the beach of Bill Burton Fishing Pier State Park at Trappe, MD, proceeds across the Choptank River along and between the fishing piers and the Senator Frederick C. Malkus, Jr. Memorial US-50 Bridge, and finishes at the beach of the Dorchester County Visitors Center at Cambridge, MD. Hazards from the swim competition include participants swimming within and adjacent to the designated navigation channel and interfering with vessels intending to operate within that channel, as well as swimming within approaches to local public and private marinas and public boat facilities. The Captain of the Port COTP Maryland-National Capital Region has determined that potential hazards associated with the swim would be a safety concern for anyone intending to participate in this event and for vessels that operate within specified waters of the Choptank River.
The purpose of this rulemaking is to protect event participants, nonparticipants, and transiting vessels before, during, and after the scheduled event. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C.
70034 previously 33 U.S.C. 1231.
III. Discussion of Proposed Rule The COTP Maryland-National Capital Region is proposing to establish special local regulations from 6 a.m. through 10:30 a.m. on May 16, 2021. There is no alternate date planned for this event.
The regulated area would cover all navigable waters of the Choptank River, from shoreline to shoreline, within an area bounded on the east by a line drawn from latitude 383514.2 N, longitude 0760233.0 W, thence south to latitude 383408.3 N, longitude 0760336.2 W, and bounded on the west by a line drawn from latitude 383532.7 N, longitude 0760258.3
W, thence south to latitude 383424.7
N, longitude 0760401.3 W, located at Cambridge, MD. The regulated area is approximately 2,800 yards in length and
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900 yards in width. The proposed duration of the rule and size of the regulated area are intended to ensure the safety of life on these navigable waters before, during, and after the open water swim, scheduled to take place from 7 a.m. to 9:30 a.m. on May 16, 2021. The COTP and the Coast Guard Patrol Commander PATCOM would have authority to forbid and control the movement of all vessels and persons, including event participants, in the regulated area.
Except for Maryland Freedom Swim participants and vessels already at berth, a vessel or person would be required to get permission from the COTP or PATCOM before entering the regulated area. Vessel operators would be able to request permission to enter and transit through the regulated area by contacting the PATCOM on VHFFM
channel 16. Vessel traffic would be able to safely transit the regulated area once the PATCOM deems it safe to do so. A
person or vessel not registered with the event sponsor as a participant or assigned as official patrols would be considered a non-participant. Official Patrols are any vessel assigned or approved by the Commander, Coast Guard Sector Maryland-National Capital Region with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign.
If permission is granted by the COTP
or PATCOM, a person or vessel would be allowed to enter the regulated area or pass directly through the regulated area as instructed. Vessels would be required to operate at a safe speed that minimizes wake while within the regulated area.
Official patrol vessels would direct nonparticipants while within the regulated area.
The regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking.
Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review Executive Orders 12866 and 13563
direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits.
Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a significant regulatory action, under Executive
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