[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Rules and Regulations]
[Pages 21462-21465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08380]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 
rulemaking will prohibit persons and vessels from being in the 
regulated area unless authorized by the Captain of the Port Baltimore 
or Coast Guard Patrol Commander.

DATES: This rule is effective from 7:30 a.m. on May 14, 2016 through 
12:30 p.m. on May 15, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1126 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 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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code


[[Page 21463]]



II. Background Information and Regulatory History

    On December 28, 2015, ABC Events, Inc. notified the Coast Guard 
that from 8 a.m. until noon on May 14, 2016, it will be conducting the 
Bay Bridge Paddle race in the Chesapeake Bay, 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. In response, on February 12, 2016, the 
Coast Guard published a notice of proposed rulemaking (NPRM) titled 
``Special Local Regulation; Chesapeake Bay, between Sandy Point and 
Kent Island, MD'' in the Federal Register (81 FR 7481). There we stated 
why we issued the NPRM, and invited comments on our proposed regulatory 
action related to this paddle race. During the comment period that 
ended March 14, 2016, we received 2 comments. No public meeting was 
requested, and none was held.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The COTP Baltimore has determined that potential hazards 
associated with the paddle race on May 14, 2016 will 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 rule is to protect event participants, spectators and transiting 
vessels on certain waters of the Chesapeake Bay before, during, and 
after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 2 comments on our NPRM published on 
February 12, 2016. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    One commenter, the Sailing Club of the Chesapeake, stated that the 
regulated area for this event would impact its planned annual sailing 
regatta held on the Chesapeake Bay, between a location south of the 
south span of the William P. Lane, Jr. (US-50/301) Memorial Bridges and 
a location north of the north span.
    The COTP Baltimore had no prior notifications of this annual 
sailing regatta in previous years. The Coast Guard will only enforce 
the regulated area during the enforcement period. However, should the 
event sponsor develop a schedule that would help predict when and where 
gaps in the race course may exist during the event, and vessel traffic 
would be able to safely transit the regulated area once the Coast Guard 
Patrol Commander deems it safe to do so, then such actions could be 
permitted after authorization is obtained.
    The second commenter, the Baltimore Port Alliance, stated that, as 
proposed, the regulated area for this event would block ship access to 
and from the Port of Baltimore for five hours, and that any 
restrictions on vessel traffic in or out of the port could result in a 
significant economic hardship for port stakeholders by disrupting 
committed schedules. Additionally, the commenter recommended 
redesigning the paddle race course as to not block the main shipping 
channel or to change the date of the paddle race to coincide with the 
annual Great Chesapeake Bay Swim event a month later, so that only one 
blockage of the main shipping channel would occur.
    The Coast Guard agrees that waterway restrictions, when necessary, 
should be as limited in scope and duration. For this event, enough 
notice has been provided for persons to schedule, coordinate and adjust 
their ship schedules. As it currently does with the annual Great 
Chesapeake Bay Swim event, the Coast Guard will work with the port 
stakeholders to monitor potential impacts to commercial vessel 
movements in the vicinity of the event area. Additionally, it is 
impractical to conduct the events concurrently; as the two events are 
of different types, each having hundreds of participants occupying the 
same navigable waters. Since the times for the Great Chesapeake Bay 
Swim event are also dependent upon tidal current predictions, the 
possibility exists, should both events be conducted on the same day, 
the waterway restrictions would last for a significantly longer period 
of time having a greater impact on the public and the use of the 
waterway.
    This rule establishes 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 will 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 event, currently scheduled to being at 8 a.m. and last 
until noon. Except for Bay Bridge Paddle participants, no vessel or 
person will be permitted to enter the regulated area without obtaining 
permission from the COTP Baltimore or designated 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 Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it 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 only 5 hours. Although the regulated 
area cuts off one portion of the Chesapeake Bay from the other, the 
closure is temporary, and notice has been provided well in advance to 
permit mariners to plan their transit. 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.

[[Page 21464]]

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 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 
IV.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.

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 
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 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 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. It is categorically excluded from 
further review under paragraph 34(h) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a 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 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.

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.


0
2. Add a temporary Sec.  100.35-T05-1126 to read as follows:


Sec.  100.35-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.

[[Page 21465]]

    (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: March 31, 2016.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2016-08380 Filed 4-11-16; 8:45 am]
 BILLING CODE 9110-04-P