[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Proposed Rules]
[Pages 7481-7483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02814]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / 
Proposed Rules  

[[Page 7481]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-1126]
RIN 1625-AA08


Special Local Regulation; Chesapeake Bay, Between Sandy Point and 
Kent Island, 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 Chesapeake Bay. This action is 
necessary to provide for the safety of life on these navigable waters 
located between Sandy Point, Anne Arundel County, MD and Kent Island, 
Queen Anne's County, MD, during a paddling event on May 14, 2016. This 
proposed rulemaking would prohibit persons and vessels from being in 
the regulated area unless authorized by the Captain of the Port 
Baltimore or 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 March 14, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-1126 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mr. Ronald Houck, U.S. Coast Guard 
Sector Baltimore, MD; 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
E.O. Executive order
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 December 28, 2015, ABC Events, Inc. notified the Coast Guard 
that it will be conducting the Bay Bridge Paddle from 8 a.m. until noon 
on May 14, 2016, to both showcase the kayak and stand up paddle board 
water sport for intermediate and elite paddlers, and benefit the 
Annapolis Chapter of the Foundation for Community Betterment and the 
Maryland Chapter of the Special Olympics. The paddle race is to be held 
under and between the north and south spans of the William P. Lane, Jr. 
(US-50/301) Memorial Bridges, located between Sandy Point, Anne Arundel 
County, MD and Kent Island, Queen Anne's County, MD. Elite paddlers 
will depart Sandy Point and proceed easterly along a 4.2-mile course 
toward Kent Island, turn around upon reaching a point near Kent Island, 
and proceed back to Sandy Point. Intermediate paddlers will depart 
Sandy Point and proceed easterly along the same 4.2-mile course toward 
Kent Island, however, they will turn around upon reaching the half way 
point (2.1 miles), and proceed back to Sandy Point. Hazards from the 
paddle race include event numerous event participants crossing 
designated shipping channels and interfering with vessels intending to 
operate within those channels. The COTP Baltimore has determined that 
potential hazards associated with the paddle race would be a safety 
concern for anyone intending to operate within certain waters of the 
Chesapeake Bay between Sandy Point and Kent Island, MD.
    The purpose of this rulemaking is to protect event participants, 
spectators and transiting vessels on certain waters of the Chesapeake 
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 Baltimore proposes to establish special local regulations 
from 7:30 a.m. until 12:30 p.m. on May 14, 2016, and, if necessary due 
to inclement weather, from 7:30 a.m. until 12:30 p.m. on May 15, 2016. 
The regulated area would cover all navigable waters of the Chesapeake 
Bay between and adjacent to the spans of the William P. Lane Jr. 
Memorial Bridges from shoreline to shoreline, bounded to the north by a 
line drawn parallel and 500 yards north of the north bridge span that 
originates from the western shoreline at latitude 39[deg]00'36'' N., 
longitude 076[deg]23'05'' W. and thence eastward to the eastern 
shoreline at latitude 38[deg]59'14'' N., longitude 076[deg]20'00'' W., 
and bounded to the south by a line drawn parallel and 500 yards south 
of the south bridge span that originates from the western shoreline at 
latitude 39[deg]00'16'' N., longitude 076[deg]24'30'' W. and thence 
eastward to the eastern shoreline at latitude 38[deg]58'38.5'' N., 
longitude 076[deg]20'06'' W. The duration of the regulated area is 
intended to ensure the safety of vessels and these navigable waters 
before, during, and after the scheduled 8 a.m. until noon paddle event. 
Except for Bay Bridge Paddle participants, no vessel or person would be 
permitted to enter the regulated area without obtaining permission from 
the COTP Baltimore or a designated representative. 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 (E.O.s) related to rulemaking. Below we summarize 
our analyses based on a number of these statutes and E.O.s, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly,

[[Page 7482]]

the NPRM has not been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size and 
duration of the regulated area, which would impact a small designated 
area of the Chesapeake Bay for 5 hours. The Coast Guard would issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
status of the regulated area. Moreover, the rule would allow vessels to 
seek permission to enter the regulated area, and vessel traffic would 
be able to safely transit the regulated area once the Coast Guard 
Patrol Commander deems it safe to do so.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 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 above.

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 Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves 
implementation of regulations within 33 CFR part 100 applicable to 
organized marine events on the navigable waters of the United States 
that could negatively impact the safety of waterway users and shore 
side activities in the event area lasting for 5 hours. The category of 
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 34(h) of Figure 2-1 of Commandant 
Instruction M16475.lD. A preliminary environmental analysis checklist 
and Categorical Exclusion Determination are available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online

[[Page 7483]]

docket at http://www.regulations.gov and can be viewed by following 
that Web site'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 a temporary Sec.  100.35-T05-1126 to read as follows:


Sec.  100.501-T05-1126  Special Local Regulation; Chesapeake Bay, 
between Sandy Point and Kent Island, MD.

    (a) Regulated area. The following location is a regulated area: All 
navigable waters of the Chesapeake Bay between and adjacent to the 
spans of the William P. Lane Jr. Memorial Bridges from shoreline to 
shoreline, bounded to the north by a line drawn parallel and 500 yards 
north of the north bridge span that originates from the western 
shoreline at latitude 39[deg]00'36'' N., longitude 076[deg]23'05'' W., 
and thence eastward to the eastern shoreline at latitude 38[deg]59'14'' 
N., longitude 076[deg]20'00'' W., and bounded to the south by a line 
drawn parallel and 500 yards south of the south bridge span that 
originates from the western shoreline at latitude 39[deg]00'16'' N., 
longitude 076[deg]24'30'' W., and thence eastward to the eastern 
shoreline at latitude 38[deg]58'38.5'' N., longitude 076[deg]20'06'' W. 
All coordinates reference Datum NAD 1983.
    (b) Definitions. (1) Captain of the Port Baltimore means the 
Commander, U.S. Coast Guard Sector Baltimore, Maryland or any 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 Baltimore.
    (3) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Baltimore with a commissioned, warrant, 
or petty officer on board and displaying a Coast Guard ensign.
    (4) Participant means all persons and vessels participating in the 
Bay Bridge Paddle event under the auspices of the Marine Event Permit 
issued to the event sponsor and approved by Commander, Coast Guard 
Sector Baltimore.
    (c) Special local regulations: (1) 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. The Coast Guard Patrol Commander may terminate the 
event, or the operation of any support vessel participating in the 
event, at any time it is deemed necessary for the protection of life or 
property.
    (2) Except for participants and vessels already at berth, mooring, 
or anchor, all persons and vessels within the regulated area at the 
time it is implemented are to depart the regulated area.
    (3) Persons desiring to transit the regulated area must first 
obtain authorization from the Captain of the Port Baltimore or Coast 
Guard Patrol Commander. Prior to the enforcement period, to seek 
permission to transit the area, the Captain of the Port Baltimore can 
be contacted at telephone number 410-576-2693 or on Marine Band Radio, 
VHF-FM channel 16 (156.8 MHz). During the enforcement period, to seek 
permission to transit the area, the Coast Guard Patrol Commander can be 
contacted on Marine Band Radio, VHF-FM channel 16 (156.8 MHz) for 
direction.
    (4) The Coast Guard may be assisted in the patrol and enforcement 
of the regulated area by other Federal, State, and local agencies. 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).
    (5) 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 period. This section will be enforced from 7:30 
a.m. until 12:30 p.m. on May 14, 2016, and if necessary, due to 
inclement weather, from 7:30 a.m. until 12:30 p.m. on May 15, 2016.

     Dated: January 29, 2016.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2016-02814 Filed 2-11-16; 8:45 am]
 BILLING CODE 9110-04-P