81_FR_7510 81 FR 7481 - Special Local Regulation; Chesapeake Bay, Between Sandy Point and Kent Island, MD

81 FR 7481 - Special Local Regulation; Chesapeake Bay, Between Sandy Point and Kent Island, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 29 (February 12, 2016)

Page Range7481-7483
FR Document2016-02814

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 May 14, 2016. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port Baltimore or Coast Guard Patrol Commander. We invite your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 29 (Friday, February 12, 2016)
[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Proposed Rules]
[Pages 7481-7483]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02814]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / 
Proposed Rules

[[Page 7481]]



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: 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 May 14, 2016. This 
proposed rulemaking would prohibit persons and vessels from being in 
the regulated area unless authorized by the Captain of the Port 
Baltimore 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 March 14, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-1126 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 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
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 December 28, 2015, ABC Events, Inc. notified the Coast Guard 
that it will be conducting the Bay Bridge Paddle from 8 a.m. until noon 
on May 14, 2016, to both showcase the kayak and stand up paddle board 
water sport for intermediate and elite paddlers, and benefit the 
Annapolis Chapter of the Foundation for Community Betterment and the 
Maryland Chapter of the Special Olympics. The paddle race is to be held 
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. Elite paddlers 
will depart Sandy Point and proceed easterly along a 4.2-mile course 
toward Kent Island, turn around upon reaching a point near Kent Island, 
and proceed back to Sandy Point. Intermediate paddlers will depart 
Sandy Point and proceed easterly along the same 4.2-mile course toward 
Kent Island, however, they will turn around upon reaching the half way 
point (2.1 miles), and proceed back to Sandy Point. Hazards from the 
paddle race include event numerous event participants crossing 
designated shipping channels and interfering with vessels intending to 
operate within those channels. The COTP Baltimore 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 Baltimore proposes to establish 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 would 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 scheduled 8 a.m. until noon paddle 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 Baltimore 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 executive orders (E.O.s) related to rulemaking. Below we summarize 
our analyses based on a number of these statutes and E.O.s, and we 
discuss First Amendment rights of protestors.

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. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly,

[[Page 7482]]

the NPRM 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 5 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 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 
E.O. 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 above.

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 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. Normally such actions are categorically excluded 
from further review under paragraph 34(h) of Figure 2-1 of Commandant 
Instruction M16475.lD. A preliminary environmental analysis checklist 
and 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 proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online

[[Page 7483]]

docket at http://www.regulations.gov and can be viewed by following 
that Web site'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 a temporary Sec.  100.35-T05-1126 to read as follows:


Sec.  100.501-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.
    (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: January 29, 2016.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2016-02814 Filed 2-11-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                                                                                                                                                       7481

                                                      Proposed Rules                                                                                                Federal Register
                                                                                                                                                                    Vol. 81, No. 29

                                                                                                                                                                    Friday, February 12, 2016



                                                      This section of the FEDERAL REGISTER                    I. Table of Abbreviations                             III. Discussion of Proposed Rule
                                                      contains notices to the public of the proposed
                                                                                                              CFR Code of Federal Regulations                          The COTP Baltimore proposes to
                                                      issuance of rules and regulations. The
                                                      purpose of these notices is to give interested
                                                                                                              COTP Captain of the Port                              establish special local regulations from
                                                                                                              DHS Department of Homeland Security                   7:30 a.m. until 12:30 p.m. on May 14,
                                                      persons an opportunity to participate in the
                                                                                                              E.O. Executive order                                  2016, and, if necessary due to inclement
                                                      rule making prior to the adoption of the final
                                                                                                              FR Federal Register                                   weather, from 7:30 a.m. until 12:30 p.m.
                                                      rules.
                                                                                                              NPRM Notice of proposed rulemaking
                                                                                                                                                                    on May 15, 2016. The regulated area
                                                                                                              Pub. L. Public Law
                                                                                                              § Section                                             would cover all navigable waters of the
                                                      DEPARTMENT OF HOMELAND                                  U.S.C. United States Code                             Chesapeake Bay between and adjacent
                                                      SECURITY                                                                                                      to the spans of the William P. Lane Jr.
                                                                                                              II. Background, Purpose, and Legal                    Memorial Bridges from shoreline to
                                                      Coast Guard                                             Basis                                                 shoreline, bounded to the north by a
                                                                                                                 On December 28, 2015, ABC Events,                  line drawn parallel and 500 yards north
                                                      33 CFR Part 100                                                                                               of the north bridge span that originates
                                                                                                              Inc. notified the Coast Guard that it will
                                                                                                              be conducting the Bay Bridge Paddle                   from the western shoreline at latitude
                                                      [Docket Number USCG–2015–1126]
                                                                                                              from 8 a.m. until noon on May 14, 2016,               39°00′36″ N., longitude 076°23′05″ W.
                                                      RIN 1625–AA08                                           to both showcase the kayak and stand                  and thence eastward to the eastern
                                                                                                              up paddle board water sport for                       shoreline at latitude 38°59′14″ N.,
                                                      Special Local Regulation; Chesapeake                    intermediate and elite paddlers, and                  longitude 076°20′00″ W., and bounded
                                                      Bay, Between Sandy Point and Kent                       benefit the Annapolis Chapter of the                  to the south by a line drawn parallel and
                                                      Island, MD                                              Foundation for Community Betterment                   500 yards south of the south bridge span
                                                                                                              and the Maryland Chapter of the Special               that originates from the western
                                                      AGENCY:   Coast Guard, DHS.                                                                                   shoreline at latitude 39°00′16″ N.,
                                                                                                              Olympics. The paddle race is to be held
                                                      ACTION:   Notice of proposed rulemaking.                under and between the north and south                 longitude 076°24′30″ W. and thence
                                                                                                              spans of the William P. Lane, Jr. (US–                eastward to the eastern shoreline at
                                                      SUMMARY:   The Coast Guard proposes to                                                                        latitude 38°58′38.5″ N., longitude
                                                      establish special local regulations for                 50/301) Memorial Bridges, located
                                                                                                              between Sandy Point, Anne Arundel                     076°20′06″ W. The duration of the
                                                      certain waters of the Chesapeake Bay.                                                                         regulated area is intended to ensure the
                                                      This action is necessary to provide for                 County, MD and Kent Island, Queen
                                                                                                              Anne’s County, MD. Elite paddlers will                safety of vessels and these navigable
                                                      the safety of life on these navigable                                                                         waters before, during, and after the
                                                      waters located between Sandy Point,                     depart Sandy Point and proceed easterly
                                                                                                              along a 4.2-mile course toward Kent                   scheduled 8 a.m. until noon paddle
                                                      Anne Arundel County, MD and Kent                                                                              event. Except for Bay Bridge Paddle
                                                      Island, Queen Anne’s County, MD,                        Island, turn around upon reaching a
                                                                                                              point near Kent Island, and proceed                   participants, no vessel or person would
                                                      during a paddling event on May 14,                                                                            be permitted to enter the regulated area
                                                      2016. This proposed rulemaking would                    back to Sandy Point. Intermediate
                                                                                                              paddlers will depart Sandy Point and                  without obtaining permission from the
                                                      prohibit persons and vessels from being                                                                       COTP Baltimore or a designated
                                                      in the regulated area unless authorized                 proceed easterly along the same 4.2-mile
                                                                                                              course toward Kent Island, however,                   representative. The regulatory text we
                                                      by the Captain of the Port Baltimore or                                                                       are proposing appears at the end of this
                                                      Coast Guard Patrol Commander. We                        they will turn around upon reaching the
                                                                                                              half way point (2.1 miles), and proceed               document.
                                                      invite your comments on this proposed
                                                      rulemaking.                                             back to Sandy Point. Hazards from the                 IV. Regulatory Analyses
                                                                                                              paddle race include event numerous
                                                      DATES: Comments and related material                                                                            We developed this proposed rule after
                                                                                                              event participants crossing designated
                                                      must be received by the Coast Guard on                                                                        considering numerous statutes and
                                                                                                              shipping channels and interfering with
                                                      or before March 14, 2016.                                                                                     executive orders (E.O.s) related to
                                                                                                              vessels intending to operate within
                                                      ADDRESSES: You may submit comments                                                                            rulemaking. Below we summarize our
                                                                                                              those channels. The COTP Baltimore
                                                      identified by docket number USCG–                                                                             analyses based on a number of these
                                                                                                              has determined that potential hazards
                                                      2015–1126 using the Federal                                                                                   statutes and E.O.s, and we discuss First
                                                                                                              associated with the paddle race would
                                                      eRulemaking Portal at http://                                                                                 Amendment rights of protestors.
                                                                                                              be a safety concern for anyone intending
                                                      www.regulations.gov. See the ‘‘Public                   to operate within certain waters of the               A. Regulatory Planning and Review
                                                      Participation and Request for                           Chesapeake Bay between Sandy Point
                                                      Comments’’ portion of the                                                                                        E.O.s 12866 and 13563 direct agencies
                                                                                                              and Kent Island, MD.                                  to assess the costs and benefits of
                                                      SUPPLEMENTARY INFORMATION section for
                                                                                                                 The purpose of this rulemaking is to               available regulatory alternatives and, if
asabaliauskas on DSK9F6TC42PROD with PROPOSALS




                                                      further instructions on submitting                      protect event participants, spectators
                                                      comments.                                                                                                     regulation is necessary, to select
                                                                                                              and transiting vessels on certain waters              regulatory approaches that maximize
                                                      FOR FURTHER INFORMATION CONTACT:   If                   of the Chesapeake Bay before, during,                 net benefits. E.O. 13563 emphasizes the
                                                      you have questions about this proposed                  and after the scheduled event.                        importance of quantifying both costs
                                                      rulemaking, call or email Mr. Ronald                       The Coast Guard proposes this                      and benefits, of reducing costs, of
                                                      Houck, U.S. Coast Guard Sector                          rulemaking under authority in 33 U.S.C.               harmonizing rules, and of promoting
                                                      Baltimore, MD; telephone 410–576–                       1233, which authorize the Coast Guard                 flexibility. This NPRM has not been
                                                      2674, email Ronald.L.Houck@uscg.mil.                    to establish and define special local                 designated a ‘‘significant regulatory
                                                      SUPPLEMENTARY INFORMATION:                              regulations.                                          action,’’ under E.O. 12866. Accordingly,


                                                 VerDate Sep<11>2014   17:04 Feb 11, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\12FEP1.SGM   12FEP1


                                                      7482                    Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Proposed Rules

                                                      the NPRM has not been reviewed by the                   the Paperwork Reduction Act of 1995                   that could negatively impact the safety
                                                      Office of Management and Budget.                        (44 U.S.C. 3501–3520).                                of waterway users and shore side
                                                         This regulatory action determination                                                                       activities in the event area lasting for 5
                                                      is based on the size and duration of the                D. Federalism and Indian Tribal
                                                                                                                                                                    hours. The category of water activities
                                                      regulated area, which would impact a                    Governments
                                                                                                                                                                    includes but is not limited to sail boat
                                                      small designated area of the Chesapeake                    A rule has implications for federalism             regattas, boat parades, power boat
                                                      Bay for 5 hours. The Coast Guard would                  under E.O. 13132, Federalism, if it has               racing, swimming events, crew racing,
                                                      issue a Broadcast Notice to Mariners via                a substantial direct effect on the States,            canoe and sail board racing. Normally
                                                      VHF–FM marine channel 16 about the                      on the relationship between the national              such actions are categorically excluded
                                                      status of the regulated area. Moreover,                 government and the States, or on the                  from further review under paragraph
                                                      the rule would allow vessels to seek                    distribution of power and                             34(h) of Figure 2–1 of Commandant
                                                      permission to enter the regulated area,                 responsibilities among the various                    Instruction M16475.lD. A preliminary
                                                      and vessel traffic would be able to safely              levels of government. We have analyzed                environmental analysis checklist and
                                                      transit the regulated area once the Coast               this proposed rule under that Order and               Categorical Exclusion Determination are
                                                      Guard Patrol Commander deems it safe                    have determined that it is consistent                 available in the docket where indicated
                                                      to do so.                                               with the fundamental federalism                       under ADDRESSES. We seek any
                                                                                                              principles and preemption requirements                comments or information that may lead
                                                      B. Impact on Small Entities                             described in E.O. 13132.                              to the discovery of a significant
                                                         The Regulatory Flexibility Act of                       Also, this proposed rule does not have             environmental impact from this
                                                      1980, 5 U.S.C. 601–612, as amended,                     tribal implications under E.O. 13175,                 proposed rule.
                                                      requires Federal agencies to consider                   Consultation and Coordination with
                                                      the potential impact of regulations on                  Indian Tribal Governments, because it                 G. Protest Activities
                                                      small entities during rulemaking. The                   would not have a substantial direct                     The Coast Guard respects the First
                                                      term ‘‘small entities’’ comprises small                 effect on one or more Indian tribes, on               Amendment rights of protesters.
                                                      businesses, not-for-profit organizations                the relationship between the Federal                  Protesters are asked to contact the
                                                      that are independently owned and                        Government and Indian tribes, or on the               person listed in the FOR FURTHER
                                                      operated and are not dominant in their                  distribution of power and                             INFORMATION CONTACT section to
                                                      fields, and governmental jurisdictions                  responsibilities between the Federal                  coordinate protest activities so that your
                                                      with populations of less than 50,000.                   Government and Indian tribes. If you                  message can be received without
                                                      The Coast Guard certifies under 5 U.S.C.                believe this proposed rule has                        jeopardizing the safety or security of
                                                      605(b) that this proposed rule would not                implications for federalism or Indian                 people, places, or vessels.
                                                      have a significant economic impact on                   tribes, please contact the person listed
                                                                                                                                                                    V. Public Participation and Request for
                                                      a substantial number of small entities.                 in the FOR FURTHER INFORMATION
                                                         While some owners or operators of                                                                          Comments
                                                                                                              CONTACT section above.
                                                      vessels intending to transit the regulated                                                                       We view public participation as
                                                                                                              E. Unfunded Mandates Reform Act                       essential to effective rulemaking, and
                                                      area may be small entities, for the
                                                      reasons stated in section IV.A above this                  The Unfunded Mandates Reform Act                   will consider all comments and material
                                                      proposed rule would not have a                          of 1995 (2 U.S.C. 1531–1538) requires                 received during the comment period.
                                                      significant economic impact on any                      Federal agencies to assess the effects of             Your comment can help shape the
                                                      vessel owner or operator.                               their discretionary regulatory actions. In            outcome of this rulemaking. If you
                                                         If you think that your business,                     particular, the Act addresses actions                 submit a comment, please include the
                                                      organization, or governmental                           that may result in the expenditure by a               docket number for this rulemaking,
                                                      jurisdiction qualifies as a small entity                State, local, or tribal government, in the            indicate the specific section of this
                                                      and that this rule would have a                         aggregate, or by the private sector of                document to which each comment
                                                      significant economic impact on it,                      $100,000,000 (adjusted for inflation) or              applies, and provide a reason for each
                                                      please submit a comment (see                            more in any one year. Though this                     suggestion or recommendation.
                                                      ADDRESSES) explaining why you think it                  proposed rule would not result in such                   We encourage you to submit
                                                      qualifies and how and to what degree                    an expenditure, we do discuss the                     comments through the Federal
                                                      this rule would economically affect it.                 effects of this rule elsewhere in this                eRulemaking Portal at http://
                                                         Under section 213(a) of the Small                    preamble.                                             www.regulations.gov. If your material
                                                      Business Regulatory Enforcement                                                                               cannot be submitted using http://
                                                                                                              F. Environment
                                                      Fairness Act of 1996 (Pub. L. 104–121),                                                                       www.regulations.gov, contact the person
                                                      we want to assist small entities in                       We have analyzed this proposed rule                 in the FOR FURTHER INFORMATION
                                                      understanding this proposed rule. If the                under Department of Homeland                          CONTACT section of this document for
                                                      rule would affect your small business,                  Security Management Directive 023–01                  alternate instructions.
                                                      organization, or governmental                           and Commandant Instruction                               We accept anonymous comments. All
                                                      jurisdiction and you have questions                     M16475.lD, which guide the Coast                      comments received will be posted
                                                      concerning its provisions or options for                Guard in complying with the National                  without change to http://
                                                      compliance, please contact the person                   Environmental Policy Act of 1969 (42                  www.regulations.gov and will include
                                                      listed in the FOR FURTHER INFORMATION                   U.S.C. 4321–4370f), and have made a                   any personal information you have
asabaliauskas on DSK9F6TC42PROD with PROPOSALS




                                                      CONTACT section. The Coast Guard will                   preliminary determination that this                   provided. For more about privacy and
                                                      not retaliate against small entities that               action is one of a category of actions that           the docket, you may review a Privacy
                                                      question or complain about this                         do not individually or cumulatively                   Act notice regarding the Federal Docket
                                                      proposed rule or any policy or action of                have a significant effect on the human                Management System in the March 24,
                                                      the Coast Guard.                                        environment. This proposed rule                       2005, issue of the Federal Register (70
                                                                                                              involves implementation of regulations                FR 15086).
                                                      C. Collection of Information                            within 33 CFR part 100 applicable to                     Documents mentioned in this NPRM
                                                        This proposed rule would not call for                 organized marine events on the                        as being available in the docket, and all
                                                      a new collection of information under                   navigable waters of the United States                 public comments, will be in our online


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                                                                              Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Proposed Rules                                                7483

                                                      docket at http://www.regulations.gov                    on board and displaying a Coast Guard                   Dated: January 29, 2016.
                                                      and can be viewed by following that                     ensign.                                               Lonnie P. Harrison, Jr.,
                                                      Web site’s instructions. Additionally, if                  (4) Participant means all persons and              Captain, U.S. Coast Guard, Captain of the
                                                      you go to the online docket and sign up                 vessels participating in the Bay Bridge               Port Baltimore.
                                                      for email alerts, you will be notified                  Paddle event under the auspices of the                [FR Doc. 2016–02814 Filed 2–11–16; 8:45 am]
                                                      when comments are posted or a final                     Marine Event Permit issued to the event               BILLING CODE 9110–04–P
                                                      rule is published.                                      sponsor and approved by Commander,
                                                      List of Subjects in 33 CFR Part 100                     Coast Guard Sector Baltimore.
                                                                                                                 (c) Special local regulations: (1) The             ENVIRONMENTAL PROTECTION
                                                        Marine safety, Navigation (water),                    Coast Guard Patrol Commander may                      AGENCY
                                                      Reporting and recordkeeping                             forbid and control the movement of all
                                                      requirements, Waterways.                                vessels and persons, including event                  40 CFR Part 52
                                                        For the reasons discussed in the                      participants, in the regulated area.                  [EPA–R04–OAR–2014–0250; FRL–9942–16–
                                                      preamble, the Coast Guard proposes to                   When hailed or signaled by an official                Region 4]
                                                      amend 33 CFR part 100 as follows:                       patrol, a vessel or person in the
                                                                                                              regulated area shall immediately                      Air Plan Approval; Tennessee:
                                                      PART 100—SAFETY OF LIFE ON                              comply with the directions given.                     Removal of I/M Program in Memphis
                                                      NAVIGABLE WATERS                                        Failure to do so may result in expulsion              and Revisions to the 1997 8-Hour
                                                                                                              from the area, citation for failure to                Ozone Maintenance Plan for Shelby
                                                      ■ 1. The authority citation for part 100
                                                                                                              comply, or both. The Coast Guard Patrol               County, Tennessee
                                                      continues to read as follows:
                                                                                                              Commander may terminate the event, or
                                                          Authority: 33 U.S.C. 1233.                                                                                AGENCY:  Environmental Protection
                                                                                                              the operation of any support vessel
                                                                                                                                                                    Agency (EPA).
                                                      ■ 2. Add a temporary § 100.35–T05–                      participating in the event, at any time it
                                                                                                              is deemed necessary for the protection                ACTION: Proposed rule.
                                                      1126 to read as follows:
                                                                                                              of life or property.
                                                      § 100.501–T05–1126 Special Local                                                                              SUMMARY:   The Environmental Protection
                                                                                                                 (2) Except for participants and vessels            Agency (EPA) is proposing to approve
                                                      Regulation; Chesapeake Bay, between
                                                      Sandy Point and Kent Island, MD.
                                                                                                              already at berth, mooring, or anchor, all             the State of Tennessee’s May 23, 2014,
                                                                                                              persons and vessels within the regulated              State Implementation Plan (SIP)
                                                         (a) Regulated area. The following                    area at the time it is implemented are to
                                                      location is a regulated area: All                                                                             revision, submitted through the
                                                                                                              depart the regulated area.                            Tennessee Department of Environment
                                                      navigable waters of the Chesapeake Bay
                                                                                                                 (3) Persons desiring to transit the                and Conservation (TDEC) on behalf of
                                                      between and adjacent to the spans of the
                                                                                                              regulated area must first obtain                      the Shelby County Health Department
                                                      William P. Lane Jr. Memorial Bridges
                                                                                                              authorization from the Captain of the                 (SCHD), seeking to modify the SIP by
                                                      from shoreline to shoreline, bounded to
                                                                                                              Port Baltimore or Coast Guard Patrol                  removing the Inspection and
                                                      the north by a line drawn parallel and
                                                                                                              Commander. Prior to the enforcement                   Maintenance (I/M) program in the City
                                                      500 yards north of the north bridge span
                                                                                                              period, to seek permission to transit the             of Memphis, Tennessee, and by
                                                      that originates from the western
                                                                                                              area, the Captain of the Port Baltimore               incorporating Shelby County’s revised
                                                      shoreline at latitude 39°00′36″ N.,
                                                                                                              can be contacted at telephone number                  maintenance plan for the 1997 8-hour
                                                      longitude 076°23′05″ W., and thence
                                                                                                              410–576–2693 or on Marine Band                        ozone national ambient air quality
                                                      eastward to the eastern shoreline at
                                                                                                              Radio, VHF–FM channel 16 (156.8                       standards (NAAQS). Among other
                                                      latitude 38°59′14″ N., longitude
                                                                                                              MHz). During the enforcement period,                  things, the revised maintenance plan
                                                      076°20′00″ W., and bounded to the
                                                                                                              to seek permission to transit the area,               updates the emissions inventory
                                                      south by a line drawn parallel and 500
                                                                                                              the Coast Guard Patrol Commander can                  estimates and the motor vehicle
                                                      yards south of the south bridge span
                                                                                                              be contacted on Marine Band Radio,                    emissions budgets (MVEBs) for the years
                                                      that originates from the western
                                                                                                              VHF–FM channel 16 (156.8 MHz) for                     2006 and 2021 and contains an
                                                      shoreline at latitude 39°00′16″ N.,
                                                                                                              direction.                                            emissions reduction measure to offset
                                                      longitude 076°24′30″ W., and thence
                                                      eastward to the eastern shoreline at                       (4) The Coast Guard may be assisted                the emissions increase expected from
                                                      latitude 38°58′38.5″ N., longitude                      in the patrol and enforcement of the                  the termination of City of Memphis I/M
                                                      076°20′06″ W. All coordinates reference                 regulated area by other Federal, State,               program. EPA has preliminarily
                                                      Datum NAD 1983.                                         and local agencies. The Coast Guard                   determined that Tennessee’s May 23,
                                                         (b) Definitions. (1) Captain of the Port             Patrol Commander and official patrol                  2014, SIP revision is consistent with the
                                                      Baltimore means the Commander, U.S.                     vessels enforcing this regulated area can             applicable provisions of the Clean Air
                                                      Coast Guard Sector Baltimore, Maryland                  be contacted on marine band radio                     Act (CAA or Act).
                                                      or any Coast Guard commissioned,                        VHF–FM channel 16 (156.8 MHz) and                     DATES: Written comments must be
                                                      warrant or petty officer who has been                   channel 22A (157.1 MHz).                              received on or before March 14, 2016.
                                                      authorized by the Captain of the Port to                   (5) The Coast Guard will publish a                 ADDRESSES: Submit your comments,
                                                      act on his behalf.                                      notice in the Fifth Coast Guard District              identified by Docket ID Number EPA–
                                                         (2) Coast Guard Patrol Commander                     Local Notice to Mariners and issue a                  R04–OAR–2014–0250 by one of the
asabaliauskas on DSK9F6TC42PROD with PROPOSALS




                                                      means a commissioned, warrant, or                       marine information broadcast on VHF–                  following methods:
                                                      petty officer of the U.S. Coast Guard                   FM marine band radio announcing                         1. www.regulations.gov: Follow the
                                                      who has been designated by the                          specific event date and times.                        on-line instructions for submitting
                                                      Commander, Coast Guard Sector                              (d) Enforcement period. This section               comments.
                                                      Baltimore.                                              will be enforced from 7:30 a.m. until                   2. Email: R4-ARMS@epa.gov.
                                                         (3) Official Patrol means any vessel                 12:30 p.m. on May 14, 2016, and if                      3. Fax: (404) 562–9019.
                                                      assigned or approved by Commander,                      necessary, due to inclement weather,                    4. Mail: EPA–R04–OAR–2014–0250,
                                                      Coast Guard Sector Baltimore with a                     from 7:30 a.m. until 12:30 p.m. on May                Air Regulatory Management Section, Air
                                                      commissioned, warrant, or petty officer                 15, 2016.                                             Planning and Implementation Branch,


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Document Created: 2016-02-12 01:24:14
Document Modified: 2016-02-12 01:24:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before March 14, 2016.
ContactIf you have questions about this proposed rulemaking, call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; telephone 410-576-2674, email [email protected]
FR Citation81 FR 7481 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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