[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Proposed Rules]
[Pages 37270-37273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15060]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0505]
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 is proposing to establish 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 September 26, 2021. 
This proposed rulemaking would prohibit persons and vessels from 
entering the regulated area unless authorized by the Captain of the 
Port Maryland-National Capital Region or the 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 August 16, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0505 using the Federal Decision Making Portal at https://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, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast 
Guard; 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, Purpose, and Legal Basis

    ABC Events, Inc. of Arnold, MD, has notified the Coast Guard that 
it will be conducting the Bay Bridge Paddle from 8 a.m. to noon on 
September 26, 2021. The annual canoe, kayak and stand up paddle board 
event for elite and intermediate paddlers includes up to 400 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

[[Page 37271]]

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. 
Hazards from the paddle races include numerous event participants 
crossing designated navigation channels and interfering with vessels 
intending to operate within those channels, as well as operating within 
approaches to the Sandy Point State Park public boat launch facility 
and marina. The COTP Maryland-National Capital Region has determined 
that potential hazards associated with the paddle races would be a 
safety concern for anyone intending to participate in this event or for 
vessels that operate within specified waters of the Chesapeake Bay 
between Sandy Point and Kent Island, MD.
    The purpose of this rulemaking is to protect event participants, 
non-participants and transiting vessels on certain waters of the 
Chesapeake Bay before, during, and after the scheduled event. The Coast 
Guard is proposing this rulemaking under authority in 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region is proposing to establish 
special local regulations from 7 a.m. to 1 p.m. on September 26, 2021. 
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 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 the paddle races, scheduled 
from 8 a.m. to noon on September 26, 2021. The COTP and the Coast Guard 
Event Patrol Commander (PATCOM) would have the 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 
Event 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 Event PATCOM before entering the regulated area. Vessel 
operators would be able to request permission to enter and transit 
through the regulated area by contacting the Event PATCOM on VHF-FM 
channel 16. Vessel traffic would be able to safely transit the 
regulated area once the Event 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 non-participant. 
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 Event PATCOM, a person or 
vessel would be allowed to enter the regulated area or pass directly 
through the regulated area as instructed. Official patrols would direct 
non-participants while within the regulated area. Official patrols 
enforcing the regulated area can be contacted on VHF-FM channel 16 and 
channel 22A.
    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. 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).
    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 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 Event 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 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 
safety zone 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.

[[Page 37272]]

    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 call or email 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 call or email 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, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
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 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. 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. 1. 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 call or email 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2021-0505 in the 
``SEARCH'' box and click ``SEARCH.'' Next, look for this document in 
the Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 is 
proposing 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:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T05-0505 to read as follows:


Sec.  100.T05-0505  Bay Bridge Paddle, Chesapeake Bay, Between Sandy 
Point and Kent Island, MD.

    (a) Regulated area. The regulations in this section apply to the 
following 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.

[[Page 37273]]

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. These coordinates are based on datum 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 his behalf.
    Coast Guard Event Patrol Commander (Event 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 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.
    Participant means all persons and vessels registered with the event 
sponsor participating in the Bay Bridge Paddle or otherwise designated 
by the event sponsor as having a function tied to the event.
    (c) Regulations. (1) Except for participants and vessels already at 
berth, all non-participants are prohibited from entering, transiting 
through, anchoring in, or remaining within the regulated area described 
in paragraph (a) of this section unless authorized by the COTP 
Maryland-National Capital Region or Event PATCOM.
    (2) To seek permission to enter, 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 Event PATCOM on Marine Band 
Radio, VHF-FM channel 16 (156.8 MHz). Those in the regulated area must 
comply with all lawful orders or directions given to them by the COTP 
Maryland-National Capital Region or Event PATCOM.
    (3) Official patrols will direct non-participants while within the 
regulated area. Official patrols enforcing the regulated area can be 
contacted on VHF-FM channel 16 and channel 22A.
    (4) The COTP Maryland-National Capital Region will provide notice 
of the regulated area through advanced notice via Fifth Coast Guard 
District Local Notice to Mariners, broadcast notice to mariners, and 
on-scene official patrols.
    (d) Enforcement officials. The Coast Guard may be assisted with 
marine event patrol and enforcement of the regulated area by other 
federal, state, and local agencies.
    (e) Enforcement period. This section will be enforced from 7 a.m. 
to 1 p.m. on September 26, 2021.

    Dated: July 9, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2021-15060 Filed 7-14-21; 8:45 am]
BILLING CODE 9110-04-P