83_FR_15164 83 FR 15096 - Special Local Regulation; Chesapeake Bay, between Sandy Point and Kent Island, MD

83 FR 15096 - Special Local Regulation; Chesapeake Bay, between Sandy Point and Kent Island, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 68 (April 9, 2018)

Page Range15096-15098
FR Document2018-07196

The Coast Guard proposes to amend its notice of proposed rulemaking and reopen the public comment period for a special local regulation for certain waters of the Chesapeake Bay between Sandy Point, Anne Arundel County, MD and Kent Island, Queen Anne's County, MD, during the Bay Bridge Paddle on June 2, 2018 (rain date of June 3, 2018) published in the Federal Register on January 12, 2018. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port Maryland-National Capital Region or Coast Guard Patrol Commander.

Federal Register, Volume 83 Issue 68 (Monday, April 9, 2018)
[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Proposed Rules]
[Pages 15096-15098]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07196]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-1054]
RIN 1625-AA08


Special Local Regulation; Chesapeake Bay, between Sandy Point and 
Kent Island, MD

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking; reopening of public 
comment period.

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

SUMMARY: The Coast Guard proposes to amend its notice of proposed 
rulemaking and reopen the public comment period for a special local 
regulation for certain waters of the Chesapeake Bay between Sandy 
Point, Anne Arundel County, MD and Kent Island, Queen Anne's County, 
MD, during the Bay Bridge Paddle on June 2, 2018 (rain date of June 3, 
2018) published in the Federal Register on January 12, 2018. This 
proposed rulemaking would prohibit persons and vessels from being in 
the regulated area unless authorized by the Captain of the Port 
Maryland-National Capital Region or Coast Guard Patrol Commander.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 9, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-1054 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mr. Ronald Houck, U.S. Coast Guard 
Sector Maryland-National Capital Region; telephone 410-576-2674, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard published a Notice of Proposed Rulemaking on 
January 12, 2018 (83 FR 1597), proposing to establish a special local 
regulation for the Bay Bridge Paddle, on June 2, 2018 (rain date of 
June 3, 2018). The comment period closed February 12, 2018. The Coast 
Guard received one comment on the original request for comments.
    Subsequent to the Coast Guard publishing the notice of proposed 
rulemaking, ABC Events, Inc., notified the Coast Guard that as a result 
of a meeting with the bridge authority a change of the elite paddler 
race course location is necessary. We are issuing this supplemental 
proposal to amend the proposed special local regulation to increase the 
size of the paddle race area, and reopen the comment period to account 
for this change. The Coast Guard will accept and review any comments 
received between the close of the comment period and the publication of 
this supplemental notice of proposed rulemaking.
    The purpose of this rulemaking is to protect event participants, 
spectators and transiting vessels on certain waters of the Chesapeake 
Bay before, during, and after the scheduled event. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1233, which 
authorizes the Coast Guard to establish and define special local 
regulations.

III. Discussion of Proposed Rule

    This proposed rule would create a temporary special local 
regulation on certain waters of the Chesapeake Bay for the Bay Bridge 
Paddle. This special local regulation would expand the proposed 
regulated area northward of the north bridge (westbound span) of the 
William P. Lane, Jr. (US-50/301) Memorial Bridges from that area 
described in the original published notice of proposed rulemaking. 
Bridge rehabilitation work along the eastern portion of the north 
bridge (westbound span) of the William P. Lane, Jr. (US-50/301) 
Memorial Bridges includes the placement of barges and other marine 
equipment in the waterway. Allowing the proposed paddling event to 
proceed along its original race course would adversely affect both the 
bridge work activities and event participants. The expanded area allows 
the event planner an alternative to mitigate the risk posed to event 
participants by altering the race course northward of that area.
    The revised proposed regulated area would cover all navigable 
waters of the Chesapeake Bay, adjacent to the

[[Page 15097]]

shoreline at Sandy Point State Park and between and adjacent to the 
spans of the William P. Lane Jr. Memorial Bridges, from shoreline to 
shoreline, bounded to the north by a line drawn from the western 
shoreline at latitude 39[deg]01'05.23'' N, longitude 076[deg]23'47.93'' 
W; thence eastward to latitude 39[deg]01'02.08'' N, longitude 
076[deg]22'40.24'' W; thence southeastward to eastern shoreline at 
latitude 38[deg]59'13.70'' N, longitude 076[deg]19'58.40'' W; and 
bounded to the south by a line drawn parallel and 500 yards south of 
the south bridge span that originates from the western shoreline at 
latitude 39[deg]00'17.08'' N, longitude 076[deg]24'28.36'' W; thence 
southward to latitude 38[deg]59'38.36'' N, longitude 076[deg]23'59.67'' 
W; thence eastward to latitude 38[deg]59'26.93'' N, longitude 
076[deg]23'25.53'' W; thence eastward to the eastern shoreline at 
latitude 38[deg]58'40.32'' N, longitude 076[deg]20'10.45'' W, located 
between Sandy Point and Kent Island, MD. The duration of the regulated 
area is intended to ensure the safety of vessels and these navigable 
waters before, during, and after the scheduled 8 a.m. until 12:30 p.m. 
paddle race event.
    All other regulatory provisions in the original proposed rulemaking 
remain the same. The regulatory text we are proposing appears at the 
end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This SNPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the SNPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size and 
duration of the regulated area, which would impact a small designated 
area of the Chesapeake Bay for six hours. The Coast Guard would issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
status of the regulated area. Moreover, the rule would allow vessels to 
seek permission to enter the regulated area, and vessel traffic would 
be able to safely transit the regulated area once the COTP Coast Guard 
Patrol Commander deems it safe to do so.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, which guides the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This proposed rule 
involves implementation of a temporary special local regulation lasting 
for 6 hours. The category of water activities includes but is not 
limited to sail boat regattas, boat parades, power boat racing, 
swimming events, crew racing, canoe and sail board racing. Normally 
such actions are categorically excluded from further review under 
paragraph L[61] of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A preliminary Record of

[[Page 15098]]

Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this SNPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-1054 to read as follows:


Sec.  100.501T05-1054   Special Local Regulation; Chesapeake Bay, 
between Sandy Point and Kent Island, MD.

    (a) Regulated area. The following location is a regulated area: All 
navigable waters of the Chesapeake Bay, adjacent to the shoreline at 
Sandy Point State Park and between and adjacent to the spans of the 
William P. Lane Jr. Memorial Bridges, from shoreline to shoreline, 
bounded to the north by a line drawn from the western shoreline at 
latitude 39[deg]01'05.23'' N, longitude 076[deg]23'47.93'' W; thence 
eastward to latitude 39[deg]01'02.08'' N, longitude 076[deg]22'40.24'' 
W; thence southeastward to eastern shoreline at latitude 
38[deg]59'13.70'' N, longitude 076[deg]19'58.40'' W; and bounded to the 
south by a line drawn parallel and 500 yards south of the south bridge 
span that originates from the western shoreline at latitude 
39[deg]00'17.08'' N, longitude 076[deg]24'28.36'' W; thence southward 
to latitude 38[deg]59'38.36'' N, longitude 076[deg]23'59.67'' W; thence 
eastward to latitude 38[deg]59'26.93'' N, longitude 076[deg]23'25.53'' 
W; thence eastward to the eastern shoreline at latitude 
38[deg]58'40.32'' N, longitude 076[deg]20'10.45'' W, located between 
Sandy Point and Kent Island, MD. All coordinates reference North 
American Datum 83 (NAD 1983).
    (b) Definitions. (1) Captain of the Port (COTP) Maryland-National 
Capital Region means the Commander, U.S. Coast Guard Sector Maryland-
National Capital Region or any Coast Guard commissioned, warrant or 
petty officer who has been authorized by the Captain of the Port to act 
on his behalf.
    (2) Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the U.S. Coast Guard who has been designated by the 
Commander, Coast Guard Sector Maryland-National Capital Region.
    (3) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Maryland-National Capital Region with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (4) Participant means all persons and vessels participating in the 
Bay Bridge Paddle event under the auspices of the Marine Event Permit 
issued to the event sponsor and approved by Commander, Coast Guard 
Sector Maryland-National Capital Region.
    (c) Special local regulations: (1) The COTP or Coast Guard Patrol 
Commander may forbid and control the movement of all vessels and 
persons, including event participants, in the regulated area. When 
hailed or signaled by an official patrol, a vessel or person in the 
regulated area shall immediately comply with the directions given. 
Failure to do so may result in expulsion from the area, citation for 
failure to comply, or both. The Coast Guard Patrol Commander may 
terminate the event, or the operation of any support vessel 
participating in the event, at any time it is deemed necessary for the 
protection of life or property.
    (2) Except for participants and vessels already at berth, all 
persons and vessels within the regulated area at the time it is 
implemented are to depart the regulated area.
    (3) Persons and vessels desiring to transit, moor, or anchor within 
the regulated area must first obtain authorization from the COTP 
Maryland-National Capital Region or Coast Guard Patrol Commander. Prior 
to the enforcement period, vessels or persons seeking permission to 
transit, moor, or anchor within the area may contact the COTP Maryland-
National Capital Region at telephone number 410-576-2693 or on Marine 
Band Radio, VHF-FM channel 16 (156.8 MHz). During the enforcement 
period, vessels or persons seeking permission to transit, moor, or 
anchor within the area may contact the Coast Guard Patrol Commander on 
Marine Band Radio, VHF-FM channel 16 (156.8 MHz) for direction.
    (4) The Coast Guard may be assisted in the patrol and enforcement 
of the regulated area by other Federal, State, and local agencies. The 
Coast Guard Patrol Commander and official patrol vessels enforcing this 
regulated area can be contacted on marine band radio VHF-FM channel 16 
(156.8 MHz) and channel 22A (157.1 MHz).
    (5) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue a marine information 
broadcast on VHF-FM marine band radio announcing specific event date 
and times.
    (d) Enforcement period. This section will be enforced from 7 a.m. 
to 1:30 p.m. on June 2, 2018, and, if necessary due to inclement 
weather, from 7 a.m. to 1:30 p.m. on June 3, 2018.

    Dated: April 4, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-07196 Filed 4-6-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                  15096                      Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

                                                  agencies. Thus, Treasury proposes to                     DEPARTMENT OF HOMELAND                                 II. Background, Purpose, and Legal
                                                  remove 31 CFR part 32 because no State                   SECURITY                                               Basis
                                                  housing credit agencies hold section                                                                               The Coast Guard published a Notice
                                                  1602 funds and because the time period                   Coast Guard
                                                                                                                                                                  of Proposed Rulemaking on January 12,
                                                  for disbursement of section 1602 funds                                                                          2018 (83 FR 1597), proposing to
                                                  to subawardees has expired.                              33 CFR Part 100
                                                                                                                                                                  establish a special local regulation for
                                                  Procedural Matters                                                                                              the Bay Bridge Paddle, on June 2, 2018
                                                                                                           [Docket Number USCG–2017–1054]
                                                                                                                                                                  (rain date of June 3, 2018). The
                                                    This proposed rule is not a significant                RIN 1625–AA08                                          comment period closed February 12,
                                                  regulatory action under Executive Order                                                                         2018. The Coast Guard received one
                                                  12866. Therefore, a regulatory                           Special Local Regulation; Chesapeake                   comment on the original request for
                                                  assessment is not required. The                          Bay, between Sandy Point and Kent                      comments.
                                                  undersigned certifies that this proposed                 Island, MD                                                Subsequent to the Coast Guard
                                                  rule, if adopted, would not have a                                                                              publishing the notice of proposed
                                                                                                           AGENCY:  Coast Guard, DHS.                             rulemaking, ABC Events, Inc., notified
                                                  significant economic impact on a
                                                  substantial number of small entities.                    ACTION: Supplemental notice of                         the Coast Guard that as a result of a
                                                                                                           proposed rulemaking; reopening of                      meeting with the bridge authority a
                                                  This certification is based on the fact
                                                                                                           public comment period.                                 change of the elite paddler race course
                                                  that this rule would remove outdated
                                                                                                                                                                  location is necessary. We are issuing
                                                  and unnecessary regulations and                          SUMMARY:   The Coast Guard proposes to                 this supplemental proposal to amend
                                                  therefore would have no economic                         amend its notice of proposed                           the proposed special local regulation to
                                                  impact on any small entities.                            rulemaking and reopen the public                       increase the size of the paddle race area,
                                                  Accordingly, an analysis under the                       comment period for a special local                     and reopen the comment period to
                                                  Regulatory Flexibility Act (5 U.S.C.                     regulation for certain waters of the                   account for this change. The Coast
                                                  chapter 6) is not required.                              Chesapeake Bay between Sandy Point,                    Guard will accept and review any
                                                  Notwithstanding this certification, the                  Anne Arundel County, MD and Kent                       comments received between the close of
                                                  Department invites comments on any                       Island, Queen Anne’s County, MD,                       the comment period and the publication
                                                  impact this rule would have on small                     during the Bay Bridge Paddle on June 2,                of this supplemental notice of proposed
                                                  entities.                                                2018 (rain date of June 3, 2018)                       rulemaking.
                                                                                                           published in the Federal Register on                      The purpose of this rulemaking is to
                                                  List of Subjects                                         January 12, 2018. This proposed                        protect event participants, spectators
                                                  31 CFR Part 30                                           rulemaking would prohibit persons and                  and transiting vessels on certain waters
                                                                                                           vessels from being in the regulated area               of the Chesapeake Bay before, during,
                                                      Securities.                                          unless authorized by the Captain of the                and after the scheduled event. The Coast
                                                                                                           Port Maryland-National Capital Region                  Guard proposes this rulemaking under
                                                  31 CFR Part 32                                           or Coast Guard Patrol Commander.                       authority in 33 U.S.C. 1233, which
                                                      Housing, taxes.                                      DATES: Comments and related material                   authorizes the Coast Guard to establish
                                                                                                           must be received by the Coast Guard on                 and define special local regulations.
                                                  Proposed Amendments to the                               or before May 9, 2018.
                                                  Regulations                                                                                                     III. Discussion of Proposed Rule
                                                                                                           ADDRESSES: You may submit comments
                                                                                                           identified by docket number USCG–                        This proposed rule would create a
                                                    For the reasons stated in the                                                                                 temporary special local regulation on
                                                  preamble, 31 CFR parts 30 and 32 are                     2017–1054 using the Federal
                                                                                                           eRulemaking Portal at http://                          certain waters of the Chesapeake Bay for
                                                  proposed to be amended as follows:                                                                              the Bay Bridge Paddle. This special
                                                                                                           www.regulations.gov. See the ‘‘Public
                                                                                                           Participation and Request for                          local regulation would expand the
                                                  PART 30—[AMENDED]
                                                                                                           Comments’’ portion of the                              proposed regulated area northward of
                                                                                                           SUPPLEMENTARY INFORMATION section for                  the north bridge (westbound span) of
                                                  ■ 1. The authority citation for part 30                                                                         the William P. Lane, Jr. (US–50/301)
                                                  continues to read as follows:                            further instructions on submitting
                                                                                                           comments.                                              Memorial Bridges from that area
                                                      Authority: 12 U.S.C. 5221; 31 U.S.C. 321.                                                                   described in the original published
                                                                                                           FOR FURTHER INFORMATION CONTACT:   If                  notice of proposed rulemaking. Bridge
                                                  § 30.16   [Removed]                                      you have questions about this proposed                 rehabilitation work along the eastern
                                                                                                           rulemaking, call or email Mr. Ronald                   portion of the north bridge (westbound
                                                  ■   2. Section 30.16 is removed.                         Houck, U.S. Coast Guard Sector                         span) of the William P. Lane, Jr. (US–
                                                                                                           Maryland-National Capital Region;                      50/301) Memorial Bridges includes the
                                                  PART 32—PAYMENTS IN LIEU OF
                                                                                                           telephone 410–576–2674, email                          placement of barges and other marine
                                                  LOW INCOME HOUSING TAX CREDITS
                                                                                                           Ronald.L.Houck@uscg.mil.                               equipment in the waterway. Allowing
                                                  [REMOVED]
                                                                                                           SUPPLEMENTARY INFORMATION:                             the proposed paddling event to proceed
                                                  ■   3. Part 32 is removed.                               I. Table of Abbreviations                              along its original race course would
                                                                                                                                                                  adversely affect both the bridge work
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Ryan Brady,                                              CFR Code of Federal Regulations                        activities and event participants. The
                                                  Executive Secretary.                                     COTP Captain of the Port                               expanded area allows the event planner
                                                                                                           DHS Department of Homeland Security
                                                  [FR Doc. 2018–07102 Filed 4–6–18; 8:45 am]                                                                      an alternative to mitigate the risk posed
                                                                                                           FR Federal Register
                                                  BILLING CODE 4810–25–P                                   NPRM Notice of proposed rulemaking                     to event participants by altering the race
                                                                                                           SNPRM Supplemental notice of proposed                  course northward of that area.
                                                                                                             rulemaking                                             The revised proposed regulated area
                                                                                                           § Section                                              would cover all navigable waters of the
                                                                                                           U.S.C. United States Code                              Chesapeake Bay, adjacent to the


                                             VerDate Sep<11>2014    16:17 Apr 06, 2018   Jkt 244001   PO 00000   Frm 00015   Fmt 4702   Sfmt 4702   E:\FR\FM\09APP1.SGM   09APP1


                                                                            Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules                                             15097

                                                  shoreline at Sandy Point State Park and                 would issue a Broadcast Notice to                      Federalism, if it has a substantial direct
                                                  between and adjacent to the spans of the                Mariners via VHF–FM marine channel                     effect on the States, on the relationship
                                                  William P. Lane Jr. Memorial Bridges,                   16 about the status of the regulated area.             between the national government and
                                                  from shoreline to shoreline, bounded to                 Moreover, the rule would allow vessels                 the States, or on the distribution of
                                                  the north by a line drawn from the                      to seek permission to enter the regulated              power and responsibilities among the
                                                  western shoreline at latitude                           area, and vessel traffic would be able to              various levels of government. We have
                                                  39°01′05.23″ N, longitude 076°23′47.93″                 safely transit the regulated area once the             analyzed this proposed rule under that
                                                  W; thence eastward to latitude                          COTP Coast Guard Patrol Commander                      Order and have determined that it is
                                                  39°01′02.08″ N, longitude 076°22′40.24″                 deems it safe to do so.                                consistent with the fundamental
                                                  W; thence southeastward to eastern                                                                             federalism principles and preemption
                                                  shoreline at latitude 38°59′13.70″ N,                   B. Impact on Small Entities                            requirements described in Executive
                                                  longitude 076°19′58.40″ W; and                             The Regulatory Flexibility Act of                   Order 13132.
                                                  bounded to the south by a line drawn                    1980, 5 U.S.C. 601–612, as amended,                       Also, this proposed rule does not have
                                                  parallel and 500 yards south of the                     requires Federal agencies to consider                  tribal implications under Executive
                                                  south bridge span that originates from                  the potential impact of regulations on                 Order 13175, Consultation and
                                                  the western shoreline at latitude                       small entities during rulemaking. The                  Coordination with Indian Tribal
                                                  39°00′17.08″ N, longitude 076°24′28.36″                 term ‘‘small entities’’ comprises small                Governments, because it would not have
                                                  W; thence southward to latitude                         businesses, not-for-profit organizations               a substantial direct effect on one or
                                                  38°59′38.36″ N, longitude 076°23′59.67″                 that are independently owned and                       more Indian tribes, on the relationship
                                                  W; thence eastward to latitude                          operated and are not dominant in their                 between the Federal Government and
                                                  38°59′26.93″ N, longitude 076°23′25.53″                 fields, and governmental jurisdictions                 Indian tribes, or on the distribution of
                                                  W; thence eastward to the eastern                       with populations of less than 50,000.                  power and responsibilities between the
                                                  shoreline at latitude 38°58′40.32″ N,                   The Coast Guard certifies under 5 U.S.C.               Federal Government and Indian tribes.
                                                  longitude 076°20′10.45″ W, located                      605(b) that this proposed rule would not               If you believe this proposed rule has
                                                  between Sandy Point and Kent Island,                    have a significant economic impact on                  implications for federalism or Indian
                                                  MD. The duration of the regulated area                  a substantial number of small entities.                tribes, please contact the person listed
                                                  is intended to ensure the safety of                        While some owners or operators of                   in the FOR FURTHER INFORMATION
                                                  vessels and these navigable waters                      vessels intending to transit the regulated             CONTACT section.
                                                  before, during, and after the scheduled                 area may be small entities, for the                    E. Unfunded Mandates Reform Act
                                                  8 a.m. until 12:30 p.m. paddle race                     reasons stated in section IV.A above this
                                                  event.                                                  proposed rule would not have a                            The Unfunded Mandates Reform Act
                                                     All other regulatory provisions in the               significant economic impact on any                     of 1995 (2 U.S.C. 1531–1538) requires
                                                  original proposed rulemaking remain                     vessel owner or operator.                              Federal agencies to assess the effects of
                                                  the same. The regulatory text we are                       If you think that your business,                    their discretionary regulatory actions. In
                                                  proposing appears at the end of this                    organization, or governmental                          particular, the Act addresses actions
                                                  document.                                               jurisdiction qualifies as a small entity               that may result in the expenditure by a
                                                                                                          and that this rule would have a                        State, local, or tribal government, in the
                                                  IV. Regulatory Analyses                                                                                        aggregate, or by the private sector of
                                                                                                          significant economic impact on it,
                                                    We developed this proposed rule after                 please submit a comment (see                           $100,000,000 (adjusted for inflation) or
                                                  considering numerous statutes and                       ADDRESSES) explaining why you think it                 more in any one year. Though this
                                                  Executive Orders related to rulemaking.                 qualifies and how and to what degree                   proposed rule would not result in such
                                                  Below we summarize our analyses                         this rule would economically affect it.                an expenditure, we do discuss the
                                                  based on a number of these statutes and                    Under section 213(a) of the Small                   effects of this rule elsewhere in this
                                                  Executive orders and we discuss First                   Business Regulatory Enforcement                        preamble.
                                                  Amendment rights of protestors.                         Fairness Act of 1996 (Public Law 104–                  F. Environment
                                                  A. Regulatory Planning and Review                       121), we want to assist small entities in
                                                                                                          understanding this proposed rule. If the                  We have analyzed this proposed rule
                                                     Executive Orders 12866 and 13563                     rule would affect your small business,                 under Department of Homeland
                                                  direct agencies to assess the costs and                 organization, or governmental                          Security Directive 023–01, which guides
                                                  benefits of available regulatory                        jurisdiction and you have questions                    the Coast Guard in complying with the
                                                  alternatives and, if regulation is                      concerning its provisions or options for               National Environmental Policy Act of
                                                  necessary, to select regulatory                         compliance, please contact the person                  1969 (42 U.S.C. 4321–4370f), and have
                                                  approaches that maximize net benefits.                  listed in the FOR FURTHER INFORMATION                  made a preliminary determination that
                                                  Executive Order 13771 directs agencies                  CONTACT section. The Coast Guard will                  this action is one of a category of actions
                                                  to control regulatory costs through a                   not retaliate against small entities that              that do not individually or cumulatively
                                                  budgeting process. This SNPRM has not                   question or complain about this                        have a significant effect on the human
                                                  been designated a ‘‘significant                         proposed rule or any policy or action of               environment. This proposed rule
                                                  regulatory action,’’ under Executive                    the Coast Guard.                                       involves implementation of a temporary
                                                  Order 12866. Accordingly, the SNPRM                                                                            special local regulation lasting for 6
                                                  has not been reviewed by the Office of                  C. Collection of Information                           hours. The category of water activities
                                                  Management and Budget (OMB), and                                                                               includes but is not limited to sail boat
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                                                                                                            This proposed rule would not call for
                                                  pursuant to OMB guidance it is exempt                   a new collection of information under                  regattas, boat parades, power boat
                                                  from the requirements of Executive                      the Paperwork Reduction Act of 1995                    racing, swimming events, crew racing,
                                                  Order 13771.                                            (44 U.S.C. 3501–3520).                                 canoe and sail board racing. Normally
                                                     This regulatory action determination                                                                        such actions are categorically excluded
                                                  is based on the size and duration of the                D. Federalism and Indian Tribal                        from further review under paragraph
                                                  regulated area, which would impact a                    Governments                                            L[61] of Appendix A, Table 1 of DHS
                                                  small designated area of the Chesapeake                   A rule has implications for federalism               Instruction Manual 023–01–001–01,
                                                  Bay for six hours. The Coast Guard                      under Executive Order 13132,                           Rev. 01. A preliminary Record of


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                                                  15098                     Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

                                                  Environmental Consideration                             PART 100—SAFETY OF LIFE ON                                (c) Special local regulations: (1) The
                                                  supporting this determination is                        NAVIGABLE WATERS                                       COTP or Coast Guard Patrol
                                                  available in the docket where indicated                                                                        Commander may forbid and control the
                                                  under ADDRESSES. We seek any                            ■ 1. The authority citation for part 100               movement of all vessels and persons,
                                                  comments or information that may lead                   continues to read as follows:                          including event participants, in the
                                                  to the discovery of a significant                           Authority: 33 U.S.C. 1233; 33 CFR 1.05–1.          regulated area. When hailed or signaled
                                                  environmental impact from this                                                                                 by an official patrol, a vessel or person
                                                                                                          ■ 2. Add § 100.501T05–1054 to read as
                                                  proposed rule.                                                                                                 in the regulated area shall immediately
                                                                                                          follows:
                                                  G. Protest Activities                                                                                          comply with the directions given.
                                                                                                          § 100.501T05–1054 Special Local                        Failure to do so may result in expulsion
                                                    The Coast Guard respects the First                    Regulation; Chesapeake Bay, between                    from the area, citation for failure to
                                                  Amendment rights of protesters.                         Sandy Point and Kent Island, MD.                       comply, or both. The Coast Guard Patrol
                                                  Protesters are asked to contact the                        (a) Regulated area. The following                   Commander may terminate the event, or
                                                  person listed in the FOR FURTHER                        location is a regulated area: All                      the operation of any support vessel
                                                  INFORMATION CONTACT section to                          navigable waters of the Chesapeake Bay,                participating in the event, at any time it
                                                  coordinate protest activities so that your              adjacent to the shoreline at Sandy Point               is deemed necessary for the protection
                                                  message can be received without                         State Park and between and adjacent to                 of life or property.
                                                  jeopardizing the safety or security of                  the spans of the William P. Lane Jr.                      (2) Except for participants and vessels
                                                  people, places, or vessels.                             Memorial Bridges, from shoreline to                    already at berth, all persons and vessels
                                                  V. Public Participation and Request for                 shoreline, bounded to the north by a                   within the regulated area at the time it
                                                  Comments                                                line drawn from the western shoreline                  is implemented are to depart the
                                                                                                          at latitude 39°01′05.23″ N, longitude                  regulated area.
                                                     We view public participation as                      076°23′47.93″ W; thence eastward to
                                                  essential to effective rulemaking, and                                                                            (3) Persons and vessels desiring to
                                                                                                          latitude 39°01′02.08″ N, longitude
                                                  will consider all comments and material                                                                        transit, moor, or anchor within the
                                                                                                          076°22′40.24″ W; thence southeastward
                                                  received during the comment period.                                                                            regulated area must first obtain
                                                                                                          to eastern shoreline at latitude
                                                  Your comment can help shape the                                                                                authorization from the COTP Maryland-
                                                                                                          38°59′13.70″ N, longitude 076°19′58.40″
                                                  outcome of this rulemaking. If you                                                                             National Capital Region or Coast Guard
                                                                                                          W; and bounded to the south by a line
                                                  submit a comment, please include the                                                                           Patrol Commander. Prior to the
                                                                                                          drawn parallel and 500 yards south of
                                                  docket number for this rulemaking,                                                                             enforcement period, vessels or persons
                                                                                                          the south bridge span that originates
                                                  indicate the specific section of this                                                                          seeking permission to transit, moor, or
                                                                                                          from the western shoreline at latitude
                                                  document to which each comment                          39°00′17.08″ N, longitude 076°24′28.36″                anchor within the area may contact the
                                                  applies, and provide a reason for each                  W; thence southward to latitude                        COTP Maryland-National Capital
                                                  suggestion or recommendation.                           38°59′38.36″ N, longitude 076°23′59.67″                Region at telephone number 410–576–
                                                     We encourage you to submit                           W; thence eastward to latitude                         2693 or on Marine Band Radio, VHF–
                                                  comments through the Federal                            38°59′26.93″ N, longitude 076°23′25.53″                FM channel 16 (156.8 MHz). During the
                                                  eRulemaking Portal at http://                           W; thence eastward to the eastern                      enforcement period, vessels or persons
                                                  www.regulations.gov. If your material                   shoreline at latitude 38°58′40.32″ N,                  seeking permission to transit, moor, or
                                                  cannot be submitted using http://                       longitude 076°20′10.45″ W, located                     anchor within the area may contact the
                                                  www.regulations.gov, contact the person                 between Sandy Point and Kent Island,                   Coast Guard Patrol Commander on
                                                  in the FOR FURTHER INFORMATION                          MD. All coordinates reference North                    Marine Band Radio, VHF–FM channel
                                                  CONTACT section of this document for                    American Datum 83 (NAD 1983).                          16 (156.8 MHz) for direction.
                                                  alternate instructions.                                    (b) Definitions. (1) Captain of the Port               (4) The Coast Guard may be assisted
                                                     We accept anonymous comments. All                    (COTP) Maryland-National Capital                       in the patrol and enforcement of the
                                                  comments received will be posted                        Region means the Commander, U.S.                       regulated area by other Federal, State,
                                                  without change to http://                               Coast Guard Sector Maryland-National                   and local agencies. The Coast Guard
                                                  www.regulations.gov and will include                    Capital Region or any Coast Guard                      Patrol Commander and official patrol
                                                  any personal information you have                       commissioned, warrant or petty officer                 vessels enforcing this regulated area can
                                                  provided. For more about privacy and                    who has been authorized by the Captain                 be contacted on marine band radio
                                                  the docket, visit http://                               of the Port to act on his behalf.                      VHF–FM channel 16 (156.8 MHz) and
                                                  www.regulations.gov/privacyNotice.                         (2) Coast Guard Patrol Commander                    channel 22A (157.1 MHz).
                                                     Documents mentioned in this SNPRM                    means a commissioned, warrant, or                         (5) The Coast Guard will publish a
                                                  as being available in the docket, and all               petty officer of the U.S. Coast Guard                  notice in the Fifth Coast Guard District
                                                  public comments, will be in our online                  who has been designated by the                         Local Notice to Mariners and issue a
                                                  docket at http://www.regulations.gov                    Commander, Coast Guard Sector                          marine information broadcast on VHF–
                                                  and can be viewed by following that                     Maryland-National Capital Region.                      FM marine band radio announcing
                                                  website’s instructions. Additionally, if                   (3) Official Patrol means any vessel                specific event date and times.
                                                  you go to the online docket and sign up                 assigned or approved by Commander,                        (d) Enforcement period. This section
                                                  for email alerts, you will be notified                  Coast Guard Sector Maryland-National                   will be enforced from 7 a.m. to 1:30 p.m.
                                                  when comments are posted or a final                     Capital Region with a commissioned,                    on June 2, 2018, and, if necessary due
                                                  rule is published.                                      warrant, or petty officer on board and
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                                                                                                                                                                 to inclement weather, from 7 a.m. to
                                                                                                          displaying a Coast Guard ensign.                       1:30 p.m. on June 3, 2018.
                                                  List of Subjects in 33 CFR Part 100                        (4) Participant means all persons and
                                                    Marine safety, Navigation (water),                    vessels participating in the Bay Bridge                  Dated: April 4, 2018.
                                                  Reporting and recordkeeping                             Paddle event under the auspices of the                 Lonnie P. Harrison, Jr.,
                                                  requirements, Waterways.                                Marine Event Permit issued to the event                Captain, U.S. Coast Guard, Captain of the
                                                    For the reasons discussed in the                      sponsor and approved by Commander,                     Port Maryland-National Capital Region.
                                                  preamble, the Coast Guard proposes to                   Coast Guard Sector Maryland-National                   [FR Doc. 2018–07196 Filed 4–6–18; 8:45 am]
                                                  amend 33 CFR part 100 as follows:                       Capital Region.                                        BILLING CODE 9110–04–P




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Document Created: 2018-04-07 02:39:00
Document Modified: 2018-04-07 02:39:00
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
ActionSupplemental notice of proposed rulemaking; reopening of public comment period.
DatesComments and related material must be received by the Coast Guard on or before May 9, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Mr. Ronald Houck, U.S. Coast Guard Sector Maryland-National Capital Region; telephone 410-576-2674, email [email protected]
FR Citation83 FR 15096 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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