[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Proposed Rules]
[Pages 4390-4393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02466]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-1102]
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 temporary 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 June 1, 2019. In 
the case of inclement weather, the paddling event is scheduled for June 
2, 2019. This proposed rulemaking would 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. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 18, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-1102 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. Ron Houck, U.S. Coast Guard 
Sector Maryland-National Capital Region; telephone 410-576-2674, email 
[email protected].

[[Page 4391]]


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
PATCOM Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On December 7, 2018, ABC Events, Inc. of Arnold, MD, notified the 
Coast Guard that it will be conducting the Bay Bridge Paddle from 8 
a.m. to noon on June 1, 2019. The fourth annual kayak and stand up 
paddle board event for elite and intermediate paddlers includes up to 
500 paddlers in two classes operating on two race courses in the 
Chesapeake Bay, under and between the north and south bridges that 
consist 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. The first course, for elite paddlers, is a 9-
statute mile/14.5-kilometer race course that starts at the east beach 
area of Sandy Point State Park at Annapolis, MD, proceeds southerly 
along the shoreline to a point on the course located between north 
bridge piers 13 and 13A, then easterly along and between the bridges 
toward the eastern shore at Kent Island and turns around upon reaching 
a point near Kent Island, then proceeds westerly along and between the 
bridges toward the western shore, turns upon reaching a point on the 
course located between north bridge piers 24 and 25, proceeds northerly 
to the Sandy Point Shoal Lighthouse, and proceeds westerly to a finish 
at the east beach area of Sandy Point State Park. The second course, 
for intermediate paddlers, is a 3.1-statute mile/5-kilometer course 
that starts at the east beach area of Sandy Point State Park at 
Annapolis, MD, and follows the elite paddlers to the north bridge, then 
easterly along and between the bridges toward the eastern shore at Kent 
Island and turns northerly upon reaching a point on the course located 
between north bridge piers 24 and 25, and proceeds to a finish at the 
east beach area of Sandy Point State Park. In the case of inclement 
weather, the event is scheduled from 8 a.m. to noon on June 2, 2019. 
Hazards from the paddle race include numerous event participants 
crossing designated shipping channels and interfering with vessels 
intending to operate within those channels. The COTP Maryland-National 
Capital Region 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 
authorizes the Coast Guard to establish and define special local 
regulations.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish 
temporary special local regulations from 7 a.m. to 1 p.m. on June 1, 
2019, and, if necessary due to inclement weather, from 7 a.m. to 1 p.m. 
on June 2, 2019. The regulated area would cover 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 proposed duration special local regulations and size of the of 
the regulated area are intended to ensure the safety of life on these 
navigable waters before, during, and after races, scheduled from 8 a.m. 
until noon on June 1, 2019 (rain date of June 2, 2019). The COTP and 
PATCOM would have authority to 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 would be required to immediately comply with the 
directions given by the COTP or PATCOM. If a person or vessel fails to 
follow such directions, the Coast Guard may expel them from the area, 
issue them a citation for failure to comply, or both.
    Except for Bay Bridge Paddle 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 can 
request permission to enter and transit through the regulated area by 
contacting the PATCOM on VHF-FM 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 
spectator. 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 permission 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 will direct spectator vessels while 
within the regulated area. Vessels would be prohibited from loitering 
within the navigable channel.
    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 Order 
12866. Accordingly, the NPRM 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 size and 
duration of the

[[Page 4392]]

regulated area, which would impact a small designated area of the 
Chesapeake Bay for six 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 COTP or 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 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 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.

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 Directive 023-01 and Commandant Instruction M16475.1D, 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 a temporary 
special local regulation lasting for approximately six 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 L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
preliminary Memorandum For Record for Categorically Excluded Actions 
supporting this determination is 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, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website'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.

[[Page 4393]]

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; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-1102 to read as follows:


Sec.  100.501T05-1102  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. As used in this section:
    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 COTP to act on the COTP's behalf.
    Coast Guard Patrol Commander (PATCOM) 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.
    Official Patrol means a 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.
    Participant means a person or vessel registered with the event 
sponsor as participating in the Bay Bridge Paddle event or otherwise 
designated by the event sponsor as having a function tied to the event.
    Spectator means a person or vessel not registered with the event 
sponsor as a participant or assigned as an official patrol.
    (c) Special local regulations: (1) The COTP Maryland-National 
Capital Region or PATCOM 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 must immediately comply with the directions given 
by the patrol. Failure to do so may result in the Coast Guard expelling 
the person or vessel from the area, issuing a citation for failure to 
comply, or both. The COTP Maryland-National Capital Region or PATCOM 
may terminate the event, or a participant's operations at any time the 
COTP Maryland-National Capital Region or PATCOM believes it necessary 
to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person 
or vessel within the regulated area at the start of enforcement of this 
section must immediately depart the regulated area.
    (3) A spectator must contact the PATCOM to request permission to 
either enter or pass through the regulated area. The PATCOM, 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). If permission is granted, the spectator may enter the 
regulated area or pass directly through the regulated area as 
instructed by PATCOM. A vessel within the regulated area must operate 
at a safe speed that minimizes wake. A spectator vessel must not loiter 
within the navigable channel while within the regulated area.
    (4) A person or vessel that desires to transit, moor, or anchor 
within the regulated area must first obtain authorization from the COTP 
Maryland-National Capital Region or PATCOM. A person or vessel seeking 
such permission can contact the COTP Maryland-National Capital Region 
at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM 
channel 16 (156.8 MHz) or the PATCOM on Marine Band Radio, VHF-FM 
channel 16 (156.8 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 June 1, 2019, and, if necessary due to inclement weather, 
from 7 a.m. to 1 p.m. on June 2, 2019.

    Dated: February 11, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2019-02466 Filed 2-14-19; 8:45 am]
 BILLING CODE 9110-04-P