[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Rules and Regulations]
[Pages 17557-17560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07376]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-1086]
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 the navigable waters located between 
Sandy Point, Anne Arundel County, MD and Kent Island, Queen Anne's 
County, MD, during a paddling event on April 29, 2017. This rulemaking 
will prohibit persons and vessels from entering the regulated area 
unless authorized by the Captain of the Port Maryland-National Capital 
Region or Coast Guard Patrol Commander.

DATES: This rule is effective from 7 a.m. on April 29, 2017 through 1 
p.m. on April 30, 2017.

ADDRESSES: To view documents mentioned in this preamble as being

[[Page 17558]]

available in the docket, go to http://www.regulations.gov, type USCG-
2016-1086 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, 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

II. Background Information and Regulatory History

    On December 13, 2016, ABC Events, Inc. of Arnold, MD notified the 
Coast Guard that it will be conducting the Bay Bridge Paddle from 7:30 
a.m. to 12:30 p.m. on April 29, 2017. The event will be located 
adjacent to Sandy Point State Park at Annapolis, MD, and under and 
between the north and south bridges that comprise 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. On 
February 14, 2017, 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 (82 
FR 10555). 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 16, 2017, we received 2 comments. 
No public meeting was requested, and none was held.
    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, because allowing a 30-day period 
with respect to this rule would be impracticable due to the date of the 
event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The COTP Maryland-National Capital Region has determined that 
potential hazards associated with the paddle race on April 29, 2017 
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 the NPRM published on 
February 14, 2017. There are no changes in the regulatory text of this 
rule from the text previously proposed in the NPRM.
    Comments were received from the Baltimore Port Alliance Executive 
Steering Committee, they stated that the proposed regulated area for 
this event would block commercial vessel 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 ship schedules. 
Additionally, the committee recommended re-routing the paddle race 
course in a manner that would 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, sufficient 
notice has been provided for persons to schedule, coordinate and adjust 
their ship schedules. The Coast Guard will work with the port 
stakeholders to carefully monitor potential impacts to commercial 
vessel movements in the vicinity of the marine event area. It is 
impractical to conduct the events concurrently; as the two marine 
events are significantly different. The safety of paddlecraft 
participants and swimmers both numbering in the hundreds would be 
negatively impacted by occupying the same navigable waters. The event 
schedule for the Great Chesapeake Bay Swim is dependent upon tidal 
current predictions; the possibility exists, should both events be 
conducted on the same day, waterway restrictions would last for a 
significantly longer period of time having a greater impact on waterway 
users.
    Comments were received from an amateur paddler, supporting the 
manner the proposed regulation for this event would be enforced. The 
paddler indicated the regulation showed prudent judgment and was 
carefully considered by the Coast Guard, would enhance safety to event 
participants while minimizing restrictions on mariners and would allow 
continued recreational access to the Chesapeake Bay by the public.
    The Coast Guard strives to ensure equitable use of federal 
waterways like the Chesapeake Bay. During this event the Coast Guard 
will only enforce the regulated area during the enforcement period.
    This rule establishes special local regulations from 7 a.m. to 1 
p.m. on April 29, 2017, and, if necessary due to inclement weather, 
from 7 a.m. to 1 p.m. on April 30, 2017. The regulated area will 
include all navigable waters of the Chesapeake Bay, adjacent to the 
shoreline at Sandy Point State Park and 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 from the western 
shoreline at latitude 39[deg]01'05.23'' N., longitude 
076[deg]23'47.93'' W.; thence eastward to latitude 39[deg]01'02.08'' 
N., longitude 076[deg]22'58.38'' W.; thence southward to latitude 
38[deg]59'57.02'' N., longitude 076[deg]23'02.79'' W.; thence eastward 
and parallel and 500 yards north of the north bridge span to eastern 
shoreline at latitude 38[deg]59'13.70'' N., longitude 
076[deg]19'58.40'' 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]00'17.08'' N., longitude 
076[deg]24'28.36'' W.; thence southward to latitude 38[deg]59'38.36'' 
N., longitude 076[deg]23'59.67'' W.; thence eastward to latitude 
38[deg]59'26.93'' N., longitude 076[deg]23'25.53'' W.; thence eastward 
to the eastern shoreline at latitude 38[deg]58'40.32'' N., longitude 
076[deg]20'10.45'' W., located between Sandy Point and Kent Island, MD. 
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 7:30 a.m. and last until 12:30 p.m. 
Except for Bay Bridge Paddle participants, no vessel or person will be 
permitted to enter the regulated area without obtaining permission from 
the COTP Maryland-National Capital Region or designated Coast Guard 
Patrol Commander.

V. Regulatory Analyses

    We developed this 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.

[[Page 17559]]

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    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 6 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 COTP or designated 
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 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 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 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 rule does not have tribal implications under E.O. 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 6 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. 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

[[Page 17560]]

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 Sec.  100.501T05-1086 to read as follows:


Sec.  100.501T05-1086  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, adjacent to the shoreline at 
Sandy Point State Park and 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 from the western shoreline at 
latitude 39[deg]01'05.23'' N., longitude 076[deg]23'47.93'' W.; thence 
eastward to latitude 39[deg]01'02.08'' N., longitude 076[deg]22'58.38'' 
W.; thence southward to latitude 38[deg]59'57.02'' N., longitude 
076[deg]23'02.79'' W.; thence eastward and parallel and 500 yards north 
of the north bridge span to eastern shoreline at latitude 
38[deg]59'13.70'' N., longitude 076[deg]19'58.40'' 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]00'17.08'' N., longitude 076[deg]24'28.36'' W.; thence southward 
to latitude 38[deg]59'38.36'' N., longitude 076[deg]23'59.67'' W.; 
thence eastward to latitude 38[deg]59'26.93'' N., longitude 
076[deg]23'25.53'' W.; thence eastward to the eastern shoreline at 
latitude 38[deg]58'40.32'' N., longitude 076[deg]20'10.45'' W., located 
between Sandy Point and Kent Island, MD. All coordinates reference 
Datum NAD 1983.
    (b) Definitions. (1) Captain of the Port 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 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) 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 Maryland-National Capital Region.
    (c) Special local regulations. (1) The COTP or 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, all 
persons and vessels within the regulated area at the time it is 
implemented are to depart the regulated area.
    (3) Persons and vessels desiring to transit, moor, or anchor within 
the regulated area must first obtain authorization from the Captain of 
the Port Maryland-National Capital Region or Coast Guard Patrol 
Commander. Prior to the enforcement period, to seek permission to 
transit, moor, or anchor within the area, 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). 
During the enforcement period, to seek permission to transit, moor, or 
anchor within 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 a.m. 
to 1 p.m. on April 29, 2017, and, if necessary due to inclement 
weather, from 7 a.m. to 1 p.m. on April 30, 2017.

    Dated: April 7, 2017.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2017-07376 Filed 4-11-17; 8:45 am]
BILLING CODE 9110-04-P