81_FR_21532 81 FR 21462 - Special Local Regulation; Chesapeake Bay, Between Sandy Point and Kent Island, MD

81 FR 21462 - Special Local Regulation; Chesapeake Bay, Between Sandy Point and Kent Island, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 70 (April 12, 2016)

Page Range21462-21465
FR Document2016-08380

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.

Federal Register, Volume 81 Issue 70 (Tuesday, April 12, 2016)
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Rules and Regulations]
[Pages 21462-21465]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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

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



                                                21462               Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations

                                                paragraph, and the training is given by                 may be credited for a maximum of 10                     Issued in Washington, DC, under the
                                                an authorized instructor.                               percent of the total flight training hour             authority of 49 U.S.C. 106(f), 44701(a)(5), and
                                                   (2) Training in a full flight simulator              requirements of the approved course, or               44703(a), on April 4, 2016.
                                                that meets the requirements of                          of this section, whichever is less.                   Michael P. Huerta,
                                                § 141.41(a), may be credited for a                      However, credit for training in a flight              Administrator.
                                                maximum of 50 percent of the total                      training device that meets the                        [FR Doc. 2016–08388 Filed 4–8–16; 11:15 am]
                                                flight training hour requirements of the                requirements of § 141.41(a) cannot                    BILLING CODE 4910–13–P
                                                approved course, or of this section,                    exceed the limitation provided for in
                                                whichever is less.                                      paragraph (c) of this section.
                                                   (3) Training in a flight training device
                                                that meets the requirements of                          *     *     *     *     *                             DEPARTMENT OF HOMELAND
                                                § 141.41(a), may be credited for a                      ■ 13. In appendix M to part 141, revise               SECURITY
                                                maximum of 25 percent of the total                      paragraph (c) of section 4 to read as
                                                flight training hour requirements of the                                                                      Coast Guard
                                                                                                        follows:
                                                approved course, or of this section,
                                                whichever is less.                                      Appendix M to Part 141—Combined                       33 CFR Part 100
                                                   (4) Training in the full flight                      Private Pilot Certification and
                                                simulators or flight training devices                   Instrument Rating Course                              [Docket Number USCG–2015–1126]
                                                described in paragraphs (b)(2) and (3) of               *      *     *     *      *
                                                this section, if used in combination,                                                                         RIN 1625–AA08
                                                may be credited for a maximum of 50                        4. Flight training.
                                                                                                                                                              Special Local Regulation; Chesapeake
                                                percent of the total flight training hour               *      *     *     *      *                           Bay, Between Sandy Point and Kent
                                                requirements of the approved course, or                    (c) For use of full flight simulators or           Island, MD
                                                of this section, whichever is less.                     flight training devices:
                                                However, credit training in a flight                                                                          AGENCY:    Coast Guard, DHS.
                                                training device that meets the                             (1) The course may include training in
                                                                                                                                                              ACTION:   Temporary final rule.
                                                requirements of § 141.41(a) cannot                      a combination of full flight simulators,
                                                exceed the limitation provided for in                   flight training devices, and aviation                 SUMMARY:   The Coast Guard is
                                                paragraph (b)(3) of this section.                       training devices, provided it is                      establishing special local regulations for
                                                *      *     *     *     *                              representative of the aircraft for which              certain waters of the Chesapeake Bay.
                                                                                                        the course is approved, meets the                     This action is necessary to provide for
                                                ■ 12. In appendix K to part 141, revise
                                                                                                        requirements of this section, and the                 the safety of life on these navigable
                                                section 4 to read as follows:
                                                                                                        training is given by an authorized                    waters located between Sandy Point,
                                                Appendix K to Part 141—Special                          instructor.                                           Anne Arundel County, MD and Kent
                                                Preparation Courses                                        (2) Training in a full flight simulator            Island, Queen Anne’s County, MD,
                                                *      *     *      *     *                             that meets the requirements of                        during a paddling event on May 14,
                                                   4. Use of full flight simulators or flight           § 141.41(a) may be credited for a                     2016. This rulemaking will prohibit
                                                training devices. (a) The approved                                                                            persons and vessels from being in the
                                                                                                        maximum of 35 percent of the total
                                                special preparation course may include                                                                        regulated area unless authorized by the
                                                                                                        flight training hour requirements of the
                                                training in a full flight simulator or                                                                        Captain of the Port Baltimore or Coast
                                                                                                        approved course, or of this section,                  Guard Patrol Commander.
                                                flight training device, provided it is                  whichever is less.
                                                representative of the aircraft for which                                                                      DATES: This rule is effective from 7:30
                                                the course is approved, meets                              (3) Training in a flight training device           a.m. on May 14, 2016 through 12:30
                                                requirements of this paragraph, and the                 that meets the requirements of                        p.m. on May 15, 2016.
                                                training is given by an authorized                      § 141.41(a) or an aviation training                   ADDRESSES: To view documents
                                                instructor.                                             device that meets the requirements of                 mentioned in this preamble as being
                                                   (b) Except for the airline transport                 § 141.41(b) may be credited for a                     available in the docket, go to http://
                                                pilot certification program in section 13               maximum of 25 percent of the total                    www.regulations.gov, type USCG–2015–
                                                of this appendix, training in a full flight             flight training hour requirements of the              1126 in the ‘‘SEARCH’’ box and click
                                                simulator that meets the requirements of                approved course, or of this section,                  ‘‘SEARCH.’’ Click on Open Docket
                                                § 141.41(a), may be credited for a                      whichever is less.                                    Folder on the line associated with this
                                                maximum of 10 percent of the total                         (4) Training in a combination of flight            rule.
                                                flight training hour requirements of the                simulators, flight training devices, or               FOR FURTHER INFORMATION CONTACT: If
                                                approved course, or of this section,                    aviation training devices, described in               you have questions on this rule, call or
                                                whichever is less.                                      paragraphs (c)(2) and (3) of this section,            email Mr. Ronald Houck, U.S. Coast
                                                   (c) Except for the airline transport                 may be credited for a maximum of 35                   Guard Sector Baltimore, MD; telephone
                                                pilot certification program in section 13                                                                     410–576–2674, email
                                                                                                        percent of the total flight training hour
                                                of this appendix, training in a flight                                                                        Ronald.L.Houck@uscg.mil.
                                                                                                        requirements of the approved course, or
                                                training device that meets the
                                                                                                        of this section, whichever is less.                   SUPPLEMENTARY INFORMATION:
                                                requirements of § 141.41(a), may be
                                                credited for a maximum of 5 percent of                  However, credit for training in a flight
                                                                                                                                                              I. Table of Abbreviations
jstallworth on DSK7TPTVN1PROD with RULES




                                                the total flight training hour                          training device and aviation training
                                                                                                        device, that meets the requirements of                CFR Code of Federal Regulations
                                                requirements of the approved course, or
                                                                                                        § 141.41(b), cannot exceed the limitation             COTP Captain of the Port
                                                of this section, whichever is less.                                                                           DHS Department of Homeland Security
                                                   (d) Training in the full flight                      provided for in paragraph (c)(3) of this
                                                                                                                                                              FR Federal Register
                                                simulators or flight training devices                   section.                                              NPRM Notice of proposed rulemaking
                                                described in paragraphs (b) and (c) of                  *      *     *     *      *                           § Section
                                                this section, if used in combination,                                                                         U.S.C. United States Code



                                           VerDate Sep<11>2014   15:11 Apr 11, 2016   Jkt 238001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\12APR1.SGM   12APR1


                                                                    Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations                                        21463

                                                II. Background Information and                          course may exist during the event, and                076°20′00″ W., and bounded to the
                                                Regulatory History                                      vessel traffic would be able to safely                south by a line drawn parallel and 500
                                                  On December 28, 2015, ABC Events,                     transit the regulated area once the Coast             yards south of the south bridge span
                                                Inc. notified the Coast Guard that from                 Guard Patrol Commander deems it safe                  that originates from the western
                                                8 a.m. until noon on May 14, 2016, it                   to do so, then such actions could be                  shoreline at latitude 39°00′16″ N.,
                                                                                                        permitted after authorization is                      longitude 076°24′30″ W. and thence
                                                will be conducting the Bay Bridge
                                                                                                        obtained.                                             eastward to the eastern shoreline at
                                                Paddle race in the Chesapeake Bay,
                                                                                                           The second commenter, the Baltimore                latitude 38°58′38.5″ N., longitude
                                                under and between the north and south                   Port Alliance, stated that, as proposed,
                                                spans of the William P. Lane, Jr. (US–                                                                        076°20′06″ W. The duration of the
                                                                                                        the regulated area for this event would               regulated area is intended to ensure the
                                                50/301) Memorial Bridges, located                       block ship access to and from the Port
                                                between Sandy Point, Anne Arundel                                                                             safety of vessels and these navigable
                                                                                                        of Baltimore for five hours, and that any
                                                County, MD and Kent Island, Queen                                                                             waters before, during, and after the
                                                                                                        restrictions on vessel traffic in or out of
                                                Anne’s County, MD. In response, on                      the port could result in a significant                event, currently scheduled to being at 8
                                                February 12, 2016, the Coast Guard                      economic hardship for port stakeholders               a.m. and last until noon. Except for Bay
                                                published a notice of proposed                          by disrupting committed schedules.                    Bridge Paddle participants, no vessel or
                                                rulemaking (NPRM) titled ‘‘Special                      Additionally, the commenter                           person will be permitted to enter the
                                                Local Regulation; Chesapeake Bay,                       recommended redesigning the paddle                    regulated area without obtaining
                                                between Sandy Point and Kent Island,                    race course as to not block the main                  permission from the COTP Baltimore or
                                                MD’’ in the Federal Register (81 FR                     shipping channel or to change the date                designated Coast Guard Patrol
                                                7481). There we stated why we issued                    of the paddle race to coincide with the               Commander.
                                                the NPRM, and invited comments on                       annual Great Chesapeake Bay Swim
                                                our proposed regulatory action related                                                                        V. Regulatory Analyses
                                                                                                        event a month later, so that only one
                                                to this paddle race. During the comment                 blockage of the main shipping channel                   We developed this rule after
                                                period that ended March 14, 2016, we                    would occur.                                          considering numerous statutes and
                                                received 2 comments. No public                             The Coast Guard agrees that waterway               Executive orders related to rulemaking.
                                                meeting was requested, and none was                     restrictions, when necessary, should be               Below we summarize our analyses
                                                held.                                                   as limited in scope and duration. For                 based on a number of these statutes and
                                                III. Legal Authority and Need for Rule                  this event, enough notice has been                    Executive orders, and we discuss First
                                                                                                        provided for persons to schedule,                     Amendment rights of protestors.
                                                  The Coast Guard is issuing this rule                  coordinate and adjust their ship
                                                under authority in 33 U.S.C. 1233. The                  schedules. As it currently does with the              A. Regulatory Planning and Review
                                                COTP Baltimore has determined that                      annual Great Chesapeake Bay Swim
                                                potential hazards associated with the                   event, the Coast Guard will work with                    Executive Orders 12866 and 13563
                                                paddle race on May 14, 2016 will be a                   the port stakeholders to monitor                      direct agencies to assess the costs and
                                                safety concern for anyone intending to                  potential impacts to commercial vessel                benefits of available regulatory
                                                operate within certain waters of the                    movements in the vicinity of the event                alternatives and, if regulation is
                                                Chesapeake Bay between Sandy Point                      area. Additionally, it is impractical to              necessary, to select regulatory
                                                and Kent Island, MD. The purpose of                     conduct the events concurrently; as the               approaches that maximize net benefits.
                                                this rule is to protect event participants,             two events are of different types, each               Executive Order 13563 emphasizes the
                                                spectators and transiting vessels on                    having hundreds of participants                       importance of quantifying both costs
                                                certain waters of the Chesapeake Bay                    occupying the same navigable waters.                  and benefits, of reducing costs, of
                                                before, during, and after the scheduled                 Since the times for the Great                         harmonizing rules, and of promoting
                                                event.                                                  Chesapeake Bay Swim event are also                    flexibility. This rule has not been
                                                IV. Discussion of Comments, Changes,                    dependent upon tidal current                          designated a ‘‘significant regulatory
                                                and the Rule                                            predictions, the possibility exists,                  action,’’ under Executive Order 12866.
                                                                                                        should both events be conducted on the                Accordingly, it has not been reviewed
                                                  As noted above, we received 2                         same day, the waterway restrictions                   by the Office of Management and
                                                comments on our NPRM published on                       would last for a significantly longer                 Budget.
                                                February 12, 2016. There are no changes                 period of time having a greater impact
                                                in the regulatory text of this rule from                                                                         This regulatory action determination
                                                                                                        on the public and the use of the
                                                the proposed rule in the NPRM.                                                                                is based on the size and duration of the
                                                                                                        waterway.
                                                  One commenter, the Sailing Club of                       This rule establishes special local                regulated area, which would impact a
                                                the Chesapeake, stated that the                         regulations from 7:30 a.m. until 12:30                small designated area of the Chesapeake
                                                regulated area for this event would                     p.m. on May 14, 2016, and, if necessary               Bay for only 5 hours. Although the
                                                impact its planned annual sailing                       due to inclement weather, from 7:30                   regulated area cuts off one portion of the
                                                regatta held on the Chesapeake Bay,                     a.m. until 12:30 p.m. on May 15, 2016.                Chesapeake Bay from the other, the
                                                between a location south of the south                   The regulated area will cover all                     closure is temporary, and notice has
                                                span of the William P. Lane, Jr. (US–50/                navigable waters of the Chesapeake Bay                been provided well in advance to permit
                                                301) Memorial Bridges and a location                    between and adjacent to the spans of the              mariners to plan their transit. The Coast
                                                north of the north span.                                William P. Lane Jr. Memorial Bridges                  Guard would issue a Broadcast Notice to
                                                  The COTP Baltimore had no prior                       from shoreline to shoreline, bounded to               Mariners via VHF–FM marine channel
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                                                notifications of this annual sailing                    the north by a line drawn parallel and                16 about the status of the regulated area.
                                                regatta in previous years. The Coast                    500 yards north of the north bridge span              Moreover, the rule would allow vessels
                                                Guard will only enforce the regulated                   that originates from the western                      to seek permission to enter the regulated
                                                area during the enforcement period.                     shoreline at latitude 39°00′36″ N.,                   area, and vessel traffic would be able to
                                                However, should the event sponsor                       longitude 076°23′05″ W. and thence                    safely transit the regulated area once the
                                                develop a schedule that would help                      eastward to the eastern shoreline at                  Coast Guard Patrol Commander deems it
                                                predict when and where gaps in the race                 latitude 38°59′14″ N., longitude                      safe to do so.


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                                                21464               Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations

                                                B. Impact on Small Entities                             power and responsibilities among the                  Determination are available in the
                                                   The Regulatory Flexibility Act of                    various levels of government. We have                 docket where indicated under
                                                1980, 5 U.S.C. 601–612, as amended,                     analyzed this rule under that Order and               ADDRESSES. We seek any comments or
                                                requires Federal agencies to consider                   have determined that it is consistent                 information that may lead to the
                                                the potential impact of regulations on                  with the fundamental federalism                       discovery of a significant environmental
                                                                                                        principles and preemption requirements                impact from this rule.
                                                small entities during rulemaking. The
                                                                                                        described in Executive Order 13132.
                                                term ‘‘small entities’’ comprises small                                                                       G. Protest Activities
                                                                                                           Also, this rule does not have tribal
                                                businesses, not-for-profit organizations                implications under Executive Order
                                                that are independently owned and                                                                                The Coast Guard respects the First
                                                                                                        13175, Consultation and Coordination                  Amendment rights of protesters.
                                                operated and are not dominant in their                  with Indian Tribal Governments,
                                                fields, and governmental jurisdictions                                                                        Protesters are asked to contact the
                                                                                                        because it does not have a substantial                person listed in the FOR FURTHER
                                                with populations of less than 50,000.                   direct effect on one or more Indian                   INFORMATION CONTACT section to
                                                The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the
                                                605(b) that this rule will not have a                                                                         coordinate protest activities so that your
                                                                                                        Federal Government and Indian tribes,                 message can be received without
                                                significant economic impact on a                        or on the distribution of power and
                                                substantial number of small entities.                                                                         jeopardizing the safety or security of
                                                                                                        responsibilities between the Federal                  people, places or vessels.
                                                   While some owners or operators of                    Government and Indian tribes. If you
                                                vessels intending to transit the regulated              believe this rule has implications for                List of Subjects in 33 CFR Part 100
                                                area may be small entities, for the                     federalism or Indian tribes, please                     Marine safety, Navigation (water),
                                                reasons stated in section IV.A above this               contact the person listed in the FOR                  Reporting and recordkeeping
                                                rule will not have a significant                        FURTHER INFORMATION CONTACT section.                  requirements, Waterways.
                                                economic impact on any vessel owner
                                                or operator.                                            E. Unfunded Mandates Reform Act                         For the reasons discussed in the
                                                   Under section 213(a) of the Small                      The Unfunded Mandates Reform Act                    preamble, the Coast Guard amends 33
                                                Business Regulatory Enforcement                         of 1995 (2 U.S.C. 1531–1538) requires                 CFR part 100 as follows:
                                                Fairness Act of 1996 (Pub. L. 104–121),                 Federal agencies to assess the effects of             PART 100—SAFETY OF LIFE ON
                                                we want to assist small entities in                     their discretionary regulatory actions. In            NAVIGABLE WATERS
                                                understanding this rule. If the rule                    particular, the Act addresses actions
                                                would affect your small business,                       that may result in the expenditure by a               ■ 1. The authority citation for part 100
                                                organization, or governmental                           State, local, or tribal government, in the            continues to read as follows:
                                                jurisdiction and you have questions                     aggregate, or by the private sector of
                                                concerning its provisions or options for                $100,000,000 (adjusted for inflation) or                  Authority: 33 U.S.C. 1233.
                                                compliance, please contact the person                   more in any one year. Though this rule                ■ 2. Add a temporary § 100.35–T05–
                                                listed in the FOR FURTHER INFORMATION                   will not result in such an expenditure,               1126 to read as follows:
                                                CONTACT section.                                        we do discuss the effects of this rule
                                                   Small businesses may send comments                   elsewhere in this preamble.                           § 100.35–T05–1126 Special Local
                                                on the actions of Federal employees                                                                           Regulation; Chesapeake Bay, between
                                                                                                        F. Environment                                        Sandy Point and Kent Island, MD.
                                                who enforce, or otherwise determine
                                                compliance with, Federal regulations to                    We have analyzed this rule under                      (a) Regulated area. The following
                                                the Small Business and Agriculture                      Department of Homeland Security                       location is a regulated area: All
                                                Regulatory Enforcement Ombudsman                        Management Directive 023–01 and                       navigable waters of the Chesapeake Bay
                                                and the Regional Small Business                         Commandant Instruction M16475.lD,                     between and adjacent to the spans of the
                                                Regulatory Fairness Boards. The                         which guide the Coast Guard in                        William P. Lane Jr. Memorial Bridges
                                                Ombudsman evaluates these actions                       complying with the National                           from shoreline to shoreline, bounded to
                                                annually and rates each agency’s                        Environmental Policy Act of 1969(42                   the north by a line drawn parallel and
                                                responsiveness to small business. If you                U.S.C. 4321–4370f), and have                          500 yards north of the north bridge span
                                                wish to comment on actions by                           determined that this action is one of a               that originates from the western
                                                employees of the Coast Guard, call 1–                   category of actions that do not                       shoreline at latitude 39°00′36″ N.,
                                                888–REG–FAIR (1–888–734–3247). The                      individually or cumulatively have a                   longitude 076°23′05″ W. and thence
                                                Coast Guard will not retaliate against                  significant effect on the human                       eastward to the eastern shoreline at
                                                small entities that question or complain                environment. This rule involves                       latitude 38°59′14″ N., longitude
                                                about this rule or any policy or action                 implementation of regulations within 33               076°20′00″ W., and bounded to the
                                                of the Coast Guard.                                     CFR part 100 applicable to organized                  south by a line drawn parallel and 500
                                                                                                        marine events on the navigable waters                 yards south of the south bridge span
                                                C. Collection of Information                            of the United States that could                       that originates from the western
                                                  This rule will not call for a new                     negatively impact the safety of                       shoreline at latitude 39°00′16″ N.,
                                                collection of information under the                     waterway users and shore side activities              longitude 076°24′30″ W. and thence
                                                Paperwork Reduction Act of 1995 (44                     in the event area lasting for 5 hours. The            eastward to the eastern shoreline at
                                                U.S.C. 3501–3520).                                      category of water activities includes but             latitude 38°58′38.5″ N., longitude
                                                                                                        is not limited to sail boat regattas, boat            076°20′06″ W. All coordinates reference
                                                D. Federalism and Indian Tribal                         parades, power boat racing, swimming                  Datum NAD 1983.
                                                Governments
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                                                                                                        events, crew racing, canoe and sail                      (b) Definitions. (1) Captain of the Port
                                                   A rule has implications for federalism               board racing. It is categorically excluded            Baltimore means the Commander, U.S.
                                                under Executive Order 13132,                            from further review under paragraph                   Coast Guard Sector Baltimore, Maryland
                                                Federalism, if it has a substantial direct              34(h) of Figure 2–1 of the Commandant                 or any Coast Guard commissioned,
                                                effect on the States, on the relationship               Instruction. An environmental analysis                warrant or petty officer who has been
                                                between the national government and                     checklist supporting this determination               authorized by the Captain of the Port to
                                                the States, or on the distribution of                   and a Categorical Exclusion                           act on his behalf.


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                                                                    Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations                                              21465

                                                   (2) Coast Guard Patrol Commander                     FM marine band radio announcing                          The bridge owner, Connecticut
                                                means a commissioned, warrant, or                       specific event date and times.                        Department of Transportation, requested
                                                petty officer of the U.S. Coast Guard                     (d) Enforcement period. This section                a temporary deviation from the normal
                                                who has been designated by the                          will be enforced from 7:30 a.m. until                 operating schedule to perform
                                                Commander, Coast Guard Sector                           12:30 p.m. on May 14, 2016, and, if                   emergency repairs at the bridge.
                                                Baltimore.                                              necessary due to inclement weather,                      Under this temporary deviation, the
                                                   (3) Official Patrol means any vessel                 from 7:30 a.m. until 12:30 p.m. on May                Route 82 Bridge shall open on signal
                                                assigned or approved by Commander,                      15, 2016.                                             from April 18, 2016 to June 30, 2016,
                                                Coast Guard Sector Baltimore with a                                                                           Monday to Friday between 7 a.m. and
                                                                                                          Dated: March 31, 2016.
                                                commissioned, warrant, or petty officer                                                                       3 p.m. if at least two-hour notice is
                                                                                                        Lonnie P. Harrison, Jr.,
                                                on board and displaying a Coast Guard                                                                         given by calling the number posted at
                                                ensign.                                                 Captain, U.S. Coast Guard, Captain of the
                                                                                                        Port Baltimore.
                                                                                                                                                              the bridge.
                                                   (4) Participant means all persons and                                                                         Vessels able to pass under the bridge
                                                vessels participating in the Bay Bridge                 [FR Doc. 2016–08380 Filed 4–11–16; 8:45 am]
                                                                                                                                                              in the closed position may do so at
                                                Paddle event under the auspices of the                  BILLING CODE 9110–04–P
                                                                                                                                                              anytime. The bridge will not be able to
                                                Marine Event Permit issued to the event                                                                       open for emergencies and there is no
                                                sponsor and approved by Commander,                                                                            immediate alternate route for vessels to
                                                Coast Guard Sector Baltimore.                           DEPARTMENT OF HOMELAND
                                                                                                                                                              pass.
                                                   (c) Special local regulations. (1) The               SECURITY
                                                                                                                                                                 The Coast Guard will inform the users
                                                Coast Guard Patrol Commander may                                                                              of the waterways through our Local
                                                forbid and control the movement of all                  Coast Guard
                                                                                                                                                              Notice and Broadcast to Mariners of the
                                                vessels and persons, including event                                                                          change in operating schedule for the
                                                participants, in the regulated area.                    33 CFR Part 117
                                                                                                                                                              bridge so that vessel operations can
                                                When hailed or signaled by an official                                                                        arrange their transits to minimize any
                                                                                                        [Docket No. USCG–2016–0293]
                                                patrol, a vessel or person in the                                                                             impact caused by the temporary
                                                regulated area shall immediately                        Drawbridge Operation Regulation;                      deviation.
                                                comply with the directions given.                       Connecticut River, East Haddam, CT                       In accordance with 33 CFR 117.35(e),
                                                Failure to do so may result in expulsion                                                                      the drawbridge must return to its regular
                                                from the area, citation for failure to                  AGENCY: Coast Guard, DHS.
                                                                                                                                                              operating schedule immediately at the
                                                comply, or both. The Coast Guard Patrol                 ACTION:Notice of deviation from                       end of the effective period of this
                                                Commander may terminate the event, or                   drawbridge regulation.                                temporary deviation. This deviation
                                                the operation of any support vessel                                                                           from the operating regulations is
                                                participating in the event, at any time it              SUMMARY:    The Coast Guard has issued a
                                                                                                        temporary deviation from the operating                authorized under 33 CFR 117.35.
                                                is deemed necessary for the protection
                                                of life or property.                                    schedule that governs the Route 82                      Dated: April 6, 2016.
                                                   (2) Except for participants and vessels              Bridge across the Connecticut River,                  C.J. Bisignano,
                                                already at berth, mooring, or anchor, all               mile 16.8, at East Haddam, Connecticut.               Supervisory Bridge Management Specialist,
                                                persons and vessels within the regulated                This deviation is necessary to allow the              First Coast Guard District.
                                                area at the time it is implemented are to               bridge owner to perform emergency                     [FR Doc. 2016–08296 Filed 4–11–16; 8:45 am]
                                                depart the regulated area.                              repairs at the bridge.                                BILLING CODE 9110–04–P
                                                   (3) Persons desiring to transit the                  DATES: This deviation is effective from
                                                regulated area must first obtain                        7 a.m. on April 18, 2016 to 3 p.m. on
                                                authorization from the Captain of the                   June 30, 2016.                                        DEPARTMENT OF VETERANS
                                                Port Baltimore or Coast Guard Patrol                    ADDRESSES: The docket for this                        AFFAIRS
                                                Commander. Prior to the enforcement                     deviation, [USCG–2016–0293] is
                                                period, to seek permission to transit the               available at http://www.regulations.gov.              38 CFR Part 9
                                                area, the Captain of the Port Baltimore                 Type the docket number in the                         RIN 2900–AN40
                                                can be contacted at telephone number                    ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
                                                410–576–2693 or on Marine Band                          Click on Open Docket Folder on the line               Servicemembers’ Group Life Insurance
                                                Radio, VHF–FM channel 16 (156.8                         associated with this deviation.                       and Veterans’ Group Life Insurance—
                                                MHz). During the enforcement period,                                                                          Slayer’s Rule Exclusion
                                                to seek permission to transit the area,                 FOR FURTHER INFORMATION CONTACT: If
                                                the Coast Guard Patrol Commander can                    you have questions on this temporary                  AGENCY:    Department of Veterans Affairs.
                                                be contacted on Marine Band Radio,                      deviation, call or email Judy Leung-Yee,
                                                                                                                                                              ACTION:   Final rule.
                                                VHF–FM channel 16 (156.8 MHz) for                       Project Officer, First Coast Guard
                                                direction.                                              District, telephone (212) 514–4330,                   SUMMARY:    The Department of Veterans
                                                   (4) The Coast Guard may be assisted                  email judy.k.leung-yee@uscg.mil.                      Affairs adopts as final, without change,
                                                in the patrol and enforcement of the                    SUPPLEMENTARY INFORMATION: The Route                  the final rule seeking comments
                                                regulated area by other Federal, State,                 82 Bridge, mile 16.8, across the                      published on October 3, 2012, amending
                                                and local agencies. The Coast Guard                     Connecticut River, has a vertical                     its regulations governing
                                                Patrol Commander and official patrol                    clearance in the closed position of 22                Servicemembers’ Group Life Insurance
                                                vessels enforcing this regulated area can               feet at mean high water and 25 feet at                (SGLI) and Veterans’ Group Life
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                                                be contacted on marine band radio                       mean low water. The existing bridge                   Insurance (VGLI). Specifically, this rule
                                                VHF–FM channel 16 (156.8 MHz) and                       operating regulations are found at 33                 prohibits paying insurance proceeds
                                                channel 22A (157.1 MHz).                                CFR 117.205(c).                                       because of the death of a person
                                                   (5) The Coast Guard will publish a                      The waterway is transited by seasonal              (decedent) whose life was insured under
                                                notice in the Fifth Coast Guard District                recreational traffic and some                         SGLI or VGLI, or paying a SGLI
                                                Local Notice to Mariners and issue a                    commercial barge traffic of various                   Traumatic Injury Protection (TSGLI)
                                                marine information broadcast on VHF–                    sizes.                                                benefit to a person (slayer) convicted of


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Document Created: 2016-04-12 00:47:01
Document Modified: 2016-04-12 00:47:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 7:30 a.m. on May 14, 2016 through 12:30 p.m. on May 15, 2016.
ContactIf 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]
FR Citation81 FR 21462 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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