[Federal Register Volume 89, Number 171 (Wednesday, September 4, 2024)]
[Rules and Regulations]
[Pages 71824-71826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19797]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0643]
RIN 1625-AA00


Safety Zone; Paddleboat Race, Chesapeake Bay, Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Chesapeake Bay adjacent to the William P. Lane 
Bridge, Annapolis MD. This action is necessary to provide for the 
safety of life on the navigable waters during a paddleboat race on 
September 15, 2024. This action will prohibit persons and vessels from 
entering the safety zone unless authorized by the Captain of the Port, 
Maryland-National Capital Region or a designated representative.

DATES: This rule is effective from 8 a.m. to 1 p.m. on September 15, 
2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0643 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email LCDR Kate M. Newkirk, 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
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 is issuing this temporary rule under authority in 5 
U.S.C. 553(b)(B). This statutory provision authorizes an agency to 
issue a rule without prior notice and opportunity to comment when the 
agency for good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' The Coast Guard 
finds that good cause exists under 5 U.S.C. 553(b)(B) for not 
publishing a notice of proposed rulemaking (NPRM) with respect to this 
rule because it would be impracticable to solicit and consider comments 
in time to publish a final rule to take effect in time for the event.
    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. Delaying the effective date of 
this rule would be contrary to public interest because immediate action 
is needed to respond to the potential safety hazards associated with a 
large congregation of paddle racers.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port, Maryland-National Capital Region (COTP) 
has determined that the presence of nonparticipant vessels within the 
safety zone shortly before, during, and shortly after the paddleboat 
race is occurring will be a safety concern for participants and 
nonparticipants alike. The purpose of this rule is to ensure the safety 
of participant and nonparticipant vessels and the navigable waters in 
the safety zone before, during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. until 1 p.m. on 
September 15, 2024. The safety zone 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

[[Page 71825]]

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.

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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
duration, and time-of-day of the safety zone. Vessel traffic will be 
able to safely transit around this safety zone, which would impact a 
small, designated area during the event. The Coast Guard will issue a 
Broadcast Notice to Mariners via VHF-FM marine band radio channel 16 to 
provide information about the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-12, as 
amended, does not apply to rules not subject to notice and comment. As 
the Coast Guard has, for good cause, waived notice and comment 
requirement that would otherwise apply to this rulemaking, the 
Regulatory Flexibility Act's provisions do not apply here.

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.

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, 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 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 a 
safety zone lasting only 7 hours that will prohibit entry into the 
paddle racecourse. It is categorically excluded from further review 
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1, Revision No. 01.3.

0
2. Add Sec.  165.T05-0643 to read as follows:


Sec.  165.T05-0643  Safety Zone, Chesapeake Bay, Annapolis MD.

    (a) Location: The safety zone 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.
    (b) Definitions. The following definitions apply to this section:
    (1) Captain of the Port, Maryland-National Capital Region (COTP) 
means the Commander, 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,

[[Page 71826]]

Maryland-National Capital Region to act on his or her behalf.
    (2) Event Patrol Commander or Event PATCOM means a commissioned, 
warrant, or petty officer of the Coast Guard who has been designated by 
the Maryland-National Capital Region Coast Guard Sector Captain of the 
Port (COTP) to enforce these regulations.
    (3) Official patrol means any vessel assigned or approved by the 
COTP with a commissioned, warrant, or petty officer on board and 
displaying a Coast Guard ensign, or any State or local law enforcement 
vessel approved by the COTP in accordance with current local 
agreements.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) Vessels may not enter, remain in, or transit through the safety 
zone during enforcement unless authorized to do so by the COTP or the 
Event PATCOM.
    (3) Persons or vessels requiring entry into or passage through the 
safety zone must first request authorization from the Captain of the 
Port, Sector Maryland-National Capital Region to seek permission to 
transit the area. The Captain of the Port, Maryland-National Capital 
Region can be contacted at telephone number (410) 576-2693. The Coast 
Guard vessels enforcing this section can be contacted on VHF Marine 
Band Radio, VHF channel 16 (156.8 MHz). Upon being hailed by a U.S. 
Coast Guard vessel by siren, radio, flashing light, or other means, the 
operator of a vessel shall proceed as directed. If permission is 
granted, all persons and vessels must comply with the instructions of 
the Captain of the Port, Maryland-National Capital Region and proceed 
at the minimum speed necessary to maintain a safe course while within 
the zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This rule is effective and subject to 
enforcement from 8 a.m. to 1 p.m. on September 15, 2024.
    (f) Postponement or cancellation. The COTP or Event PATCOM may 
order the postponement or cancellation of this event at any time if, in 
their sole discretion, it is determined that the event cannot be 
conducted in a safe manner.

Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland/NCR.
[FR Doc. 2024-19797 Filed 9-3-24; 8:45 am]
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