[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Rules and Regulations]
[Pages 21462-21465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08380]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-1126]
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 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 May 14, 2016. This
rulemaking will prohibit persons and vessels from being in the
regulated area unless authorized by the Captain of the Port Baltimore
or Coast Guard Patrol Commander.
DATES: This rule is effective from 7:30 a.m. on May 14, 2016 through
12:30 p.m. on May 15, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1126 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 Baltimore, MD;
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
Sec. Section
U.S.C. United States Code
[[Page 21463]]
II. Background Information and Regulatory History
On December 28, 2015, ABC Events, Inc. notified the Coast Guard
that from 8 a.m. until noon on May 14, 2016, it will be conducting the
Bay Bridge Paddle race in the Chesapeake Bay, under and between the
north and south spans 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 response, on February 12, 2016, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Special Local Regulation; Chesapeake Bay, between Sandy Point and
Kent Island, MD'' in the Federal Register (81 FR 7481). 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 14, 2016, we received 2 comments. No public meeting was
requested, and none was held.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The COTP Baltimore has determined that potential hazards
associated with the paddle race on May 14, 2016 will 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 rule is to protect event participants, spectators and transiting
vessels on certain 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 2 comments on our NPRM published on
February 12, 2016. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
One commenter, the Sailing Club of the Chesapeake, stated that the
regulated area for this event would impact its planned annual sailing
regatta held on the Chesapeake Bay, between a location south of the
south span of the William P. Lane, Jr. (US-50/301) Memorial Bridges and
a location north of the north span.
The COTP Baltimore had no prior notifications of this annual
sailing regatta in previous years. The Coast Guard will only enforce
the regulated area during the enforcement period. However, should the
event sponsor develop a schedule that would help predict when and where
gaps in the race course may exist during the event, and vessel traffic
would be able to safely transit the regulated area once the Coast Guard
Patrol Commander deems it safe to do so, then such actions could be
permitted after authorization is obtained.
The second commenter, the Baltimore Port Alliance, stated that, as
proposed, the regulated area for this event would block ship access to
and from the Port of Baltimore for five hours, and that any
restrictions on vessel traffic in or out of the port could result in a
significant economic hardship for port stakeholders by disrupting
committed schedules. Additionally, the commenter recommended
redesigning the paddle race course as to not block the main shipping
channel or to change the date of the paddle race to coincide with the
annual Great Chesapeake Bay Swim event a month later, so that only one
blockage of the main shipping channel would occur.
The Coast Guard agrees that waterway restrictions, when necessary,
should be as limited in scope and duration. For this event, enough
notice has been provided for persons to schedule, coordinate and adjust
their ship schedules. As it currently does with the annual Great
Chesapeake Bay Swim event, the Coast Guard will work with the port
stakeholders to monitor potential impacts to commercial vessel
movements in the vicinity of the event area. Additionally, it is
impractical to conduct the events concurrently; as the two events are
of different types, each having hundreds of participants occupying the
same navigable waters. Since the times for the Great Chesapeake Bay
Swim event are also dependent upon tidal current predictions, the
possibility exists, should both events be conducted on the same day,
the waterway restrictions would last for a significantly longer period
of time having a greater impact on the public and the use of the
waterway.
This rule establishes special local regulations from 7:30 a.m.
until 12:30 p.m. on May 14, 2016, and, if necessary due to inclement
weather, from 7:30 a.m. until 12:30 p.m. on May 15, 2016. The regulated
area will cover all navigable waters of the Chesapeake Bay 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 parallel
and 500 yards north of the north bridge span that originates from the
western shoreline at latitude 39[deg]00'36'' N., longitude
076[deg]23'05'' W. and thence eastward to the eastern shoreline at
latitude 38[deg]59'14'' N., longitude 076[deg]20'00'' 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]00'16'' N., longitude 076[deg]24'30'' W. and thence eastward to
the eastern shoreline at latitude 38[deg]58'38.5'' N., longitude
076[deg]20'06'' W. The duration of the regulated area is intended to
ensure the safety of vessels and these navigable waters before, during,
and after the event, currently scheduled to being at 8 a.m. and last
until noon. Except for Bay Bridge Paddle participants, no vessel or
person will be permitted to enter the regulated area without obtaining
permission from the COTP Baltimore or designated Coast Guard Patrol
Commander.
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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
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 only 5 hours. Although the regulated
area cuts off one portion of the Chesapeake Bay from the other, the
closure is temporary, and notice has been provided well in advance to
permit mariners to plan their transit. 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 Coast Guard
Patrol Commander deems it safe to do so.
[[Page 21464]]
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 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
IV.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 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. 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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 that could negatively impact the safety of waterway users
and shore side activities in the event area lasting for 5 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. It is categorically excluded from
further review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are 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 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.
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: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.35-T05-1126 to read as follows:
Sec. 100.35-T05-1126 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 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 parallel and 500 yards
north of the north bridge span that originates from the western
shoreline at latitude 39[deg]00'36'' N., longitude 076[deg]23'05'' W.
and thence eastward to the eastern shoreline at latitude 38[deg]59'14''
N., longitude 076[deg]20'00'' 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]00'16'' N.,
longitude 076[deg]24'30'' W. and thence eastward to the eastern
shoreline at latitude 38[deg]58'38.5'' N., longitude 076[deg]20'06'' W.
All coordinates reference Datum NAD 1983.
(b) Definitions. (1) Captain of the Port Baltimore means the
Commander, U.S. Coast Guard Sector Baltimore, Maryland or any Coast
Guard commissioned, warrant or petty officer who has been authorized by
the Captain of the Port to act on his behalf.
[[Page 21465]]
(2) Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the U.S. Coast Guard who has been designated by the
Commander, Coast Guard Sector Baltimore.
(3) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
(4) Participant means all persons and vessels participating in the
Bay Bridge Paddle event under the auspices of the Marine Event Permit
issued to the event sponsor and approved by Commander, Coast Guard
Sector Baltimore.
(c) Special local regulations. (1) The Coast Guard Patrol Commander
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 shall immediately comply with the directions given. Failure to do
so may result in expulsion from the area, citation for failure to
comply, or both. The Coast Guard Patrol Commander may terminate the
event, or the operation of any support vessel participating in the
event, at any time it is deemed necessary for the protection of life or
property.
(2) Except for participants and vessels already at berth, mooring,
or anchor, all persons and vessels within the regulated area at the
time it is implemented are to depart the regulated area.
(3) Persons desiring to transit the regulated area must first
obtain authorization from the Captain of the Port Baltimore or Coast
Guard Patrol Commander. Prior to the enforcement period, to seek
permission to transit the area, the Captain of the Port Baltimore can
be contacted at telephone number 410-576-2693 or on Marine Band Radio,
VHF-FM channel 16 (156.8 MHz). During the enforcement period, to seek
permission to transit the area, the Coast Guard Patrol Commander can be
contacted on Marine Band Radio, VHF-FM channel 16 (156.8 MHz) for
direction.
(4) The Coast Guard may be assisted in the patrol and enforcement
of the regulated area by other Federal, State, and local agencies. The
Coast Guard Patrol Commander 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).
(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 7:30
a.m. until 12:30 p.m. on May 14, 2016, and, if necessary due to
inclement weather, from 7:30 a.m. until 12:30 p.m. on May 15, 2016.
Dated: March 31, 2016.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2016-08380 Filed 4-11-16; 8:45 am]
BILLING CODE 9110-04-P