[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Rules and Regulations]
[Pages 12099-12102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06204]
=======================================================================
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary special local
regulations for certain navigable waters of the Chesapeake Bay. This
action is necessary to provide for the safety of life on these waters
located between Sandy Point, Anne Arundel County, MD, and Kent Island,
Queen Anne's County, MD, on June 1, 2019, during a paddling event. This
regulation prohibits 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 7 a.m. on June 1, 2019, until 1 p.m.
on June 2, 2019. This rule will be enforced from 7 a.m. until 1 p.m. on
June 1, 2019, or those same hours on June 2, 2019, in case of inclement
weather.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-1102 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
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 Information and Regulatory History
On December 7, 2018, ABC Events, Inc. of Arnold, MD, notified the
Coast Guard through submission of a marine event application that from
8 a.m. to noon on June 1, 2019, it will be conducting the Bay Bridge
Paddle 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. In the case of inclement weather, the
kayak and stand up paddle board racing event is scheduled from 8 a.m.
to noon on June 2, 2019. In response, on February 15, 2019, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled
[[Page 12100]]
``Special Local Regulation; Chesapeake Bay, Between Sandy Point and
Kent Island, MD'' (84 FR 4390). 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 18, 2019, we
received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Maryland-National Capital Region (COTP)
has determined that potential hazards associated with the paddle race
will be a safety concern for anyone intending to operate in or near the
race area. The purpose of this rule 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 no comments on our NPRM published
February 15, 2019. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a special local regulation to 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. The regulated
area will 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 duration of the special
local regulations and size of the regulated area are intended to ensure
the safety of life on these navigable waters before, during, and after
paddle races, scheduled from 8 a.m. until noon on June 1, 2019 (rain
date of June 2, 2019). Except for participants and vessels already at
berth, a vessel or person will 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 will 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 by the COTP or PATCOM, a person
or vessel will be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels will 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 will be prohibited from loitering
within the navigable channel.
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 size, duration
and location of the regulated area, which will 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 PATCOM
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 received no comments from the Small Business
Administration on this rulemaking. 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
[[Page 12101]]
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
Order13132.
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
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 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.
The temporary regulated area will be enforced for approximately six
hours during the paddle race. It is categorically excluded from further
review under paragraph L61 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.
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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. [thinsp]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
[[Page 12102]]
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: March 27, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-06204 Filed 3-29-19; 8:45 am]
BILLING CODE 9110-04-P