[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Proposed Rules]
[Pages 1597-1599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00420]



[[Page 1597]]

=======================================================================
-----------------------------------------------------------------------

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: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes 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 June 2, 2018. In 
the case of inclement weather, the paddling event is scheduled for June 
3, 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. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 12, 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
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On October 16, 2017, ABC Events, Inc. of Arnold, MD notified the 
Coast Guard that it will be conducting the Bay Bridge Paddle from 8 
a.m. to 12:30 p.m. on June 2, 2018. The third annual kayak and stand up 
paddle board event for intermediate and elite paddlers includes up to 
500 paddlers in two classes operating on two race courses in the 
Chesapeake Bay. The first course is 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, and the second course is 
adjacent to Sandy Point State Park at Annapolis, MD. Elite paddlers 
will operate on a 9-statute mile/14.5-kilometer race course that starts 
at the east beach area of Sandy Point State Park, 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. Intermediate paddlers 
will operate on a 3.1-statute mile/5-kilometer course that starts at 
the east beach area of Sandy Point State Park 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 north beach area of Sandy 
Point State Park. In the case of inclement weather, the event is 
scheduled from 8 a.m. to 12:30 p.m. on June 3, 2018. Hazards from the 
paddle race include numerous event participants crossing designated 
shipping channels and interfering with vessels intending to operate 
within those channels. The COTP Maryland-National Capital Region has 
determined that potential hazards associated with the paddle race would 
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 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 
authorize the Coast Guard to establish and define special local 
regulations.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish 
special local regulations 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. 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]22'58.38'' W.; thence southward 
to latitude 38[deg]59'57.02'' N., longitude 076[deg]23'02.79'' W.; 
thence eastward and parallel and 500 yards north of the north bridge 
span 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. Except for Bay 
Bridge Paddle participants, no vessel or person would be permitted to 
enter the regulated area without obtaining permission from the COTP 
Maryland-National Capital Region or a designated representative. 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 E.O.s 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.

[[Page 1598]]

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13771 directs agencies to control regulatory costs through a 
budgeting process. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget (OMB), and 
pursuant to OMB guidance it is exempt from the requirements of E.O. 
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 (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 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 E.O. 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 E.O. 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 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 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. 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 34(h) of Figure 2-1 of Commandant 
Instruction M16475.lD. A preliminary Record of 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

[[Page 1599]]

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 NPRM 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.

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]22'58.38'' 
W.; thence southward to latitude 38[deg]59'57.02'' N., longitude 
076[deg]23'02.79'' W.; thence eastward and parallel and 500 yards north 
of the north bridge span 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: January 5, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-00420 Filed 1-11-18; 8:45 am]
 BILLING CODE 9110-04-P