[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Rules and Regulations]
[Pages 24219-24221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10990]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 
 ========================================================================
 

  Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Rules 
and Regulations  

[[Page 24219]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-1054]
RIN 1625-AA08


Special Local Regulation; Chesapeake Bay, Between Sandy Point and 
Kent Island, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

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 the Bay Bridge Paddle on June 2, 2018 
(alternate date of June 3, 2018). This action will prohibit persons and 
vessels from being in 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 June 2, 2018, through June 3, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1054 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; telephone 410-576-2674, 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

    The Coast Guard published a Notice of Proposed Rulemaking on 
January 12, 2018 (83 FR 1597), proposing to establish a special local 
regulation for the Bay Bridge Paddle, on June 2, 2018 (rain date of 
June 3, 2018). The Coast Guard received one comment. The Coast Guard 
published a Supplemental Notice of Proposed Rulemaking (SNPRM) on April 
9, 2018 (83 FR 15096), to amend the proposed special local regulation 
to increase the size of the paddle race area for the Bay Bridge Paddle, 
on June 2, 2018 (alternate date of June 3, 2018), and reopened the 
comment period to account for this change. The comment period closed 
May 9, 2018. The Coast Guard received three additional comments on the 
second request for comments for a total of four 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. Due to the date of the event, it 
would be impracticable to make the regulation effective 30 days after 
publication in the Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233, which authorizes the Coast Guard to establish and define special 
local regulations to promote the safety of life on navigable waters 
during regattas or marine parades. The Captain of the Port (COTP) 
Maryland--National Capital Region has determined that potential hazards 
associated with the paddle race event 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 
specified 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 four comments total on our NPRM 
published February 12, 2018 and our SNPRM published April 9, 2018. One 
comment provided support for the Coast Guard's rulemaking. The other 
three comments addressed issues not related to this rulemaking. Special 
local regulations are promulgated in conjunction with a marine event to 
promote safety of life on the navigable waters immediately before, 
during, and immediately after a marine event. Patrols to prevent 
dumping, warnings about the inherent dangers of swimming, and other 
concerns unrelated to the paddle race event, are not appropriate to 
include in this proceeding. Therefore, there are no substantive changes 
in the regulatory text of this rule from the proposed rule in the 
SNPRM.
    This rule establishes a special local regulation that will be 
enforced for approximately 6 hours on either June 2 or June 3, 2018. 
The regulated area includes 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]22'40.24'' W; thence southeastward 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 enforcement and 
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 paddle race event lasting from 8 a.m. 
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 
Coast Guard Patrol Commander.

[[Page 24220]]

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 limited 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 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 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 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 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 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, which guides 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 a temporary 
special local regulation 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. It is categorically excluded from further review 
under paragraph L[61] 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.
    A Record of Environmental Consideration 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:


[[Page 24221]]


    Authority:  33 U.S.C. 1233; 33 CFR 1.05-1.


0
2. Add Sec.  100.501T05-1054 to read as follows:


Sec.  100.501T05-1054  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]22'40.24'' 
W; thence southeastward 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 North 
American Datum 83 (NAD 1983).
    (b) Definitions. (1) Captain of the Port (COTP) 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 registered with the 
event sponsor as participating in the Bay Bridge Paddle event or 
otherwise designated by event sponsor as having a function tied to the 
event.
    (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 COTP 
Maryland--National Capital Region or Coast Guard Patrol Commander. The 
COTP 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, persons or vessel operators may 
request permission to transit, moor, or anchor within the regulated 
area from the Coast Guard Patrol Commander on Marine Band Radio, VHF-FM 
channel 16 (156.8 MHz).
    (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 1:30 p.m. on June 2, 2018, and, if necessary due to inclement 
weather, from 7 a.m. to 1:30 p.m. on June 3, 2018.

    Dated: May 17, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland--National 
Capital Region.
[FR Doc. 2018-10990 Filed 5-24-18; 8:45 am]
 BILLING CODE 9110-04-P