[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Proposed Rules]
[Pages 15096-15098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07196]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-1054]
RIN 1625-AA08
Special Local Regulation; Chesapeake Bay, between Sandy Point and
Kent Island, MD
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking; reopening of public
comment period.
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SUMMARY: The Coast Guard proposes to amend its notice of proposed
rulemaking and reopen the public comment period for a special local
regulation for certain waters of the Chesapeake Bay between Sandy
Point, Anne Arundel County, MD and Kent Island, Queen Anne's County,
MD, during the Bay Bridge Paddle on June 2, 2018 (rain date of June 3,
2018) published in the Federal Register on January 12, 2018. This
proposed rulemaking would prohibit 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: Comments and related material must be received by the Coast
Guard on or before May 9, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-1054 using the Federal eRulemaking Portal at http://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. 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
SNPRM Supplemental notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Coast Guard published a Notice of Proposed Rulemaking on
January 12, 2018 (83 FR 1597), proposing to establish a special local
regulation for the Bay Bridge Paddle, on June 2, 2018 (rain date of
June 3, 2018). The comment period closed February 12, 2018. The Coast
Guard received one comment on the original request for comments.
Subsequent to the Coast Guard publishing the notice of proposed
rulemaking, ABC Events, Inc., notified the Coast Guard that as a result
of a meeting with the bridge authority a change of the elite paddler
race course location is necessary. We are issuing this supplemental
proposal to amend the proposed special local regulation to increase the
size of the paddle race area, and reopen the comment period to account
for this change. The Coast Guard will accept and review any comments
received between the close of the comment period and the publication of
this supplemental notice of proposed rulemaking.
The purpose of this rulemaking is to protect event participants,
spectators and transiting vessels on certain waters of the Chesapeake
Bay before, during, and after the scheduled event. The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 1233, which
authorizes the Coast Guard to establish and define special local
regulations.
III. Discussion of Proposed Rule
This proposed rule would create a temporary special local
regulation on certain waters of the Chesapeake Bay for the Bay Bridge
Paddle. This special local regulation would expand the proposed
regulated area northward of the north bridge (westbound span) of the
William P. Lane, Jr. (US-50/301) Memorial Bridges from that area
described in the original published notice of proposed rulemaking.
Bridge rehabilitation work along the eastern portion of the north
bridge (westbound span) of the William P. Lane, Jr. (US-50/301)
Memorial Bridges includes the placement of barges and other marine
equipment in the waterway. Allowing the proposed paddling event to
proceed along its original race course would adversely affect both the
bridge work activities and event participants. The expanded area allows
the event planner an alternative to mitigate the risk posed to event
participants by altering the race course northward of that area.
The revised proposed regulated area would cover all navigable
waters of the Chesapeake Bay, adjacent to the
[[Page 15097]]
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 regulated
area is intended to ensure the safety of vessels and these navigable
waters before, during, and after the scheduled 8 a.m. until 12:30 p.m.
paddle race event.
All other regulatory provisions in the original proposed rulemaking
remain the same. 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This SNPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the SNPRM 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 and
duration of the regulated area, which would impact a small designated
area of the Chesapeake Bay for six 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 COTP Coast Guard
Patrol Commander 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
regulated area 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.
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 (Public Law 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 contact 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 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 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, which guides 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 a temporary special local regulation lasting
for 6 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. Normally
such actions are categorically excluded from further review under
paragraph L[61] of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A preliminary Record of
[[Page 15098]]
Environmental Consideration supporting this determination is 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 proposed 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.
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.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
Documents mentioned in this SNPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
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: 33 U.S.C. 1233; 33 CFR 1.05-1.
0
2. Add Sec. 100.501T05-1054 to read as follows:
Sec. 100.501T05-1054 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. (1) 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 Captain of the Port to act
on his behalf.
(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 Maryland-National Capital Region.
(3) 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.
(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 Maryland-National Capital Region.
(c) Special local regulations: (1) The COTP or 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, all
persons and vessels within the regulated area at the time it is
implemented are to depart the regulated area.
(3) Persons and vessels desiring to transit, moor, or anchor within
the regulated area must first obtain authorization from the COTP
Maryland-National Capital Region or Coast Guard Patrol Commander. Prior
to the enforcement period, vessels or persons seeking permission to
transit, moor, or anchor within the area may 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). During the enforcement
period, vessels or persons seeking permission to transit, moor, or
anchor within the area may contact the Coast Guard Patrol Commander 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 a.m.
to 1:30 p.m. on June 2, 2018, and, if necessary due to inclement
weather, from 7 a.m. to 1:30 p.m. on June 3, 2018.
Dated: April 4, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2018-07196 Filed 4-6-18; 8:45 am]
BILLING CODE 9110-04-P