[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]


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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: Temporary final rule.

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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