83 FR 1597 - Special Local Regulation; Chesapeake Bay, between Sandy Point and Kent Island, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 9 (January 12, 2018)

Page Range		1597-1599
FR Document		2018-00420
The Coast Guard proposes to establish special local regulations for certain waters of the Chesapeake Bay. This action is necessary to provide for the safety of life on these navigable waters located between Sandy Point, Anne Arundel County, MD and Kent Island, Queen Anne's County, MD, during a paddling event on June 2, 2018. In the case of inclement weather, the paddling event is scheduled for June 3, 2018. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port Maryland-National Capital Region or Coast Guard Patrol Commander. We invite your comments on this proposed rulemaking.
Federal Register, Volume 83 Issue 9 (Friday, January 12, 2018)
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Proposed Rules]
[Pages 1597-1599]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00420]



[[Page 1597]]

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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: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish special local 
regulations for certain waters of the Chesapeake Bay. This action is 
necessary to provide for the safety of life on these navigable waters 
located between Sandy Point, Anne Arundel County, MD and Kent Island, 
Queen Anne's County, MD, during a paddling event on June 2, 2018. In 
the case of inclement weather, the paddling event is scheduled for June 
3, 2018. This proposed rulemaking would prohibit persons and vessels 
from being in the regulated area unless authorized by the Captain of 
the Port Maryland-National Capital Region or Coast Guard Patrol 
Commander. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 12, 2018.

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

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On October 16, 2017, ABC Events, Inc. of Arnold, MD notified the 
Coast Guard that it will be conducting the Bay Bridge Paddle from 8 
a.m. to 12:30 p.m. on June 2, 2018. The third annual kayak and stand up 
paddle board event for intermediate and elite paddlers includes up to 
500 paddlers in two classes operating on two race courses in the 
Chesapeake Bay. The first course is under and between the north and 
south bridges that consist of the William P. Lane, Jr. (US-50/301) 
Memorial Bridges, located between Sandy Point, Anne Arundel County, MD 
and Kent Island, Queen Anne's County, MD, and the second course is 
adjacent to Sandy Point State Park at Annapolis, MD. Elite paddlers 
will operate on a 9-statute mile/14.5-kilometer race course that starts 
at the east beach area of Sandy Point State Park, proceeds southerly 
along the shoreline to a point on the course located between north 
bridge piers 13 and 13A, then easterly along and between the bridges 
toward the eastern shore at Kent Island and turns around upon reaching 
a point near Kent Island, then proceeds westerly along and between the 
bridges toward the western shore, turns upon reaching a point on the 
course located between north bridge piers 24 and 25, proceeds northerly 
to the Sandy Point Shoal Lighthouse, and proceeds westerly to a finish 
at the east beach area of Sandy Point State Park. Intermediate paddlers 
will operate on a 3.1-statute mile/5-kilometer course that starts at 
the east beach area of Sandy Point State Park and follows the elite 
paddlers to the north bridge, then easterly along and between the 
bridges toward the eastern shore at Kent Island and turns northerly 
upon reaching a point on the course located between north bridge piers 
24 and 25, and proceeds to a finish at the north beach area of Sandy 
Point State Park. In the case of inclement weather, the event is 
scheduled from 8 a.m. to 12:30 p.m. on June 3, 2018. Hazards from the 
paddle race include numerous event participants crossing designated 
shipping channels and interfering with vessels intending to operate 
within those channels. The COTP Maryland-National Capital Region has 
determined that potential hazards associated with the paddle race would 
be a safety concern for anyone intending to operate within certain 
waters of the Chesapeake Bay between Sandy Point and Kent Island, MD.
    The purpose of this rulemaking is to protect event participants, 
spectators and transiting vessels on certain waters of the Chesapeake 
Bay before, during, and after the scheduled event. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1233, which 
authorize the Coast Guard to establish and define special local 
regulations.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish 
special local regulations from 7 a.m. to 1:30 p.m. on June 2, 2018, 
and, if necessary due to inclement weather, from 7 a.m. to 1:30 p.m. on 
June 3, 2018. The regulated area would cover all navigable waters of 
the Chesapeake Bay, adjacent to the shoreline at Sandy Point State Park 
and between and adjacent to the spans of the William P. Lane Jr. 
Memorial Bridges, from shoreline to shoreline, bounded to the north by 
a line drawn from the western shoreline at latitude 39[deg]01'05.23'' 
N., longitude 076[deg]23'47.93'' W.; thence eastward to latitude 
39[deg]01'02.08'' N., longitude 076[deg]22'58.38'' W.; thence southward 
to latitude 38[deg]59'57.02'' N., longitude 076[deg]23'02.79'' W.; 
thence eastward and parallel and 500 yards north of the north bridge 
span to eastern shoreline at latitude 38[deg]59'13.70'' N., longitude 
076[deg]19'58.40'' W.; and bounded to the south by a line drawn 
parallel and 500 yards south of the south bridge span that originates 
from the western shoreline at latitude 39[deg]00'17.08'' N., longitude 
076[deg]24'28.36'' W.; thence southward to latitude 38[deg]59'38.36'' 
N., longitude 076[deg]23'59.67'' W.; thence eastward to latitude 
38[deg]59'26.93'' N., longitude 076[deg]23'25.53'' W.; thence eastward 
to the eastern shoreline at latitude 38[deg]58'40.32'' N., longitude 
076[deg]20'10.45'' W, located between Sandy Point and Kent Island, MD. 
The duration of the regulated area is intended to ensure the safety of 
vessels and these navigable waters before, during, and after the 
scheduled 8 a.m. until 12:30 p.m. paddle race event. Except for Bay 
Bridge Paddle participants, no vessel or person would be permitted to 
enter the regulated area without obtaining permission from the COTP 
Maryland-National Capital Region or a designated representative. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

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

[[Page 1598]]

A. Regulatory Planning and Review

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

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves 
implementation of regulations within 33 CFR part 100 applicable to 
organized marine events on the navigable waters of the United States 
that could negatively impact the safety of waterway users and shore 
side activities in the event area lasting for 6 hours. The category of 
water activities includes but is not limited to sail boat regattas, 
boat parades, power boat racing, swimming events, crew racing, canoe 
and sail board racing. Normally such actions are categorically excluded 
from further review under paragraph 34(h) of Figure 2-1 of Commandant 
Instruction M16475.lD. A preliminary Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION

[[Page 1599]]

CONTACT section of this document for alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

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


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

    (a) Regulated area. The following location is a regulated area: All 
navigable waters of the Chesapeake Bay, adjacent to the shoreline at 
Sandy Point State Park and between and adjacent to the spans of the 
William P. Lane Jr. Memorial Bridges, from shoreline to shoreline, 
bounded to the north by a line drawn from the western shoreline at 
latitude 39[deg]01'05.23'' N., longitude 076[deg]23'47.93'' W.; thence 
eastward to latitude 39[deg]01'02.08'' N., longitude 076[deg]22'58.38'' 
W.; thence southward to latitude 38[deg]59'57.02'' N., longitude 
076[deg]23'02.79'' W.; thence eastward and parallel and 500 yards north 
of the north bridge span to eastern shoreline at latitude 
38[deg]59'13.70'' N., longitude 076[deg]19'58.40'' W.; and bounded to 
the south by a line drawn parallel and 500 yards south of the south 
bridge span that originates from the western shoreline at latitude 
39[deg]00'17.08'' N., longitude 076[deg]24'28.36'' W.; thence southward 
to latitude 38[deg]59'38.36'' N., longitude 076[deg]23'59.67'' W.; 
thence eastward to latitude 38[deg]59'26.93'' N., longitude 
076[deg]23'25.53'' W.; thence eastward to the eastern shoreline at 
latitude 38[deg]58'40.32'' N., longitude 076[deg]20'10.45'' W, located 
between Sandy Point and Kent Island, MD. All coordinates reference 
North American Datum 83 (NAD 1983).
    (b) Definitions--(1) Captain of the Port (COTP) Maryland-National 
Capital Region means the Commander, U.S. Coast Guard Sector Maryland-
National Capital Region or any Coast Guard commissioned, warrant or 
petty officer who has been authorized by the Captain of the Port to act 
on his behalf.
    (2) Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the U.S. Coast Guard who has been designated by the 
Commander, Coast Guard Sector Maryland-National Capital Region.
    (3) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Maryland-National Capital Region with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (4) Participant means all persons and vessels participating in the 
Bay Bridge Paddle event under the auspices of the Marine Event Permit 
issued to the event sponsor and approved by Commander, Coast Guard 
Sector Maryland-National Capital Region.
    (c) Special local regulations. (1) The COTP or Coast Guard Patrol 
Commander may forbid and control the movement of all vessels and 
persons, including event participants, in the regulated area. When 
hailed or signaled by an official patrol, a vessel or person in the 
regulated area shall immediately comply with the directions given. 
Failure to do so may result in expulsion from the area, citation for 
failure to comply, or both. The Coast Guard Patrol Commander may 
terminate the event, or the operation of any support vessel 
participating in the event, at any time it is deemed necessary for the 
protection of life or property.
    (2) Except for participants and vessels already at berth, all 
persons and vessels within the regulated area at the time it is 
implemented are to depart the regulated area.
    (3) Persons and vessels desiring to transit, moor, or anchor within 
the regulated area must first obtain authorization from the COTP 
Maryland-National Capital Region or Coast Guard Patrol Commander. Prior 
to the enforcement period, vessels or persons seeking permission to 
transit, moor, or anchor within the area may contact the COTP Maryland-
National Capital Region at telephone number 410-576-2693 or on Marine 
Band Radio, VHF-FM channel 16 (156.8 MHz). During the enforcement 
period, vessels or persons seeking permission to transit, moor, or 
anchor within the area may contact the Coast Guard Patrol Commander on 
Marine Band Radio, VHF-FM channel 16 (156.8 MHz) for direction.
    (4) The Coast Guard may be assisted in the patrol and enforcement 
of the regulated area by other Federal, State, and local agencies. The 
Coast Guard Patrol Commander and official patrol vessels enforcing this 
regulated area can be contacted on marine band radio VHF-FM channel 16 
(156.8 MHz) and channel 22A (157.1 MHz).
    (5) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue a marine information 
broadcast on VHF-FM marine band radio announcing specific event date 
and times.
    (d) Enforcement period. This section will be enforced from 7 a.m. 
to 1:30 p.m. on June 2, 2018, and, if necessary due to inclement 
weather, from 7 a.m. to 1:30 p.m. on June 3, 2018.

    Dated: January 5, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-00420 Filed 1-11-18; 8:45 am]
 BILLING CODE 9110-04-P
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules 1597

DEPARTMENT OF HOMELAND II. Background, Purpose, and Legal of the Chesapeake Bay before, during,
SECURITY Basis and after the scheduled event. The Coast
On October 16, 2017, ABC Events, Guard proposes this rulemaking under
Coast Guard Inc. of Arnold, MD notified the Coast authority in 33 U.S.C. 1233, which
Guard that it will be conducting the Bay authorize the Coast Guard to establish
33 CFR Part 100 Bridge Paddle from 8 a.m. to 12:30 p.m. and define special local regulations.
on June 2, 2018. The third annual kayak III. Discussion of Proposed Rule
[Docket Number USCG–2017–1054] and stand up paddle board event for
intermediate and elite paddlers includes The COTP Maryland-National Capital
RIN 1625–AA08 up to 500 paddlers in two classes Region proposes to establish special
operating on two race courses in the local regulations from 7 a.m. to 1:30
Special Local Regulation; Chesapeake Chesapeake Bay. The first course is p.m. on June 2, 2018, and, if necessary
Bay, between Sandy Point and Kent under and between the north and south due to inclement weather, from 7 a.m.
Island, MD bridges that consist of the William P. to 1:30 p.m. on June 3, 2018. The
Lane, Jr. (US–50/301) Memorial Bridges, regulated area would cover all navigable
AGENCY: Coast Guard, DHS. located between Sandy Point, Anne waters of the Chesapeake Bay, adjacent
ACTION: Notice of proposed rulemaking. Arundel County, MD and Kent Island, to the shoreline at Sandy Point State
Queen Anne’s County, MD, and the Park and between and adjacent to the
SUMMARY: The Coast Guard proposes to second course is adjacent to Sandy
establish special local regulations for spans of the William P. Lane Jr.
Point State Park at Annapolis, MD. Elite Memorial Bridges, from shoreline to
certain waters of the Chesapeake Bay. paddlers will operate on a 9-statute
This action is necessary to provide for shoreline, bounded to the north by a
mile/14.5-kilometer race course that line drawn from the western shoreline
the safety of life on these navigable starts at the east beach area of Sandy
waters located between Sandy Point, at latitude 39°01′05.23″ N., longitude
Point State Park, proceeds southerly 076°23′47.93″ W.; thence eastward to
Anne Arundel County, MD and Kent along the shoreline to a point on the
Island, Queen Anne’s County, MD, latitude 39°01′02.08″ N., longitude
course located between north bridge 076°22′58.38″ W.; thence southward to
during a paddling event on June 2, 2018. piers 13 and 13A, then easterly along
In the case of inclement weather, the latitude 38°59′57.02″ N., longitude
and between the bridges toward the 076°23′02.79″ W.; thence eastward and
paddling event is scheduled for June 3, eastern shore at Kent Island and turns
2018. This proposed rulemaking would parallel and 500 yards north of the north
around upon reaching a point near Kent bridge span to eastern shoreline at
prohibit persons and vessels from being Island, then proceeds westerly along
in the regulated area unless authorized latitude 38°59′13.70″ N., longitude
and between the bridges toward the 076°19′58.40″ W.; and bounded to the
by the Captain of the Port Maryland- western shore, turns upon reaching a
National Capital Region or Coast Guard south by a line drawn parallel and 500
point on the course located between yards south of the south bridge span
Patrol Commander. We invite your north bridge piers 24 and 25, proceeds
comments on this proposed rulemaking. that originates from the western
northerly to the Sandy Point Shoal shoreline at latitude 39°00′17.08″ N.,
DATES: Comments and related material Lighthouse, and proceeds westerly to a longitude 076°24′28.36″ W.; thence
must be received by the Coast Guard on finish at the east beach area of Sandy southward to latitude 38°59′38.36″ N.,
or before February 12, 2018. Point State Park. Intermediate paddlers longitude 076°23′59.67″ W.; thence
ADDRESSES: You may submit comments will operate on a 3.1-statute mile/5- eastward to latitude 38°59′26.93″ N.,
identified by docket number USCG– kilometer course that starts at the east longitude 076°23′25.53″ W.; thence
2017–1054 using the Federal beach area of Sandy Point State Park eastward to the eastern shoreline at
eRulemaking Portal at http:// and follows the elite paddlers to the latitude 38°58′40.32″ N., longitude
www.regulations.gov. See the ‘‘Public north bridge, then easterly along and 076°20′10.45″ W, located between
Participation and Request for between the bridges toward the eastern Sandy Point and Kent Island, MD. The
Comments’’ portion of the shore at Kent Island and turns northerly duration of the regulated area is
SUPPLEMENTARY INFORMATION section for upon reaching a point on the course intended to ensure the safety of vessels
further instructions on submitting located between north bridge piers 24
and these navigable waters before,
comments. and 25, and proceeds to a finish at the
during, and after the scheduled 8 a.m.
north beach area of Sandy Point State
FOR FURTHER INFORMATION CONTACT: If until 12:30 p.m. paddle race event.
Park. In the case of inclement weather,
you have questions about this proposed Except for Bay Bridge Paddle
the event is scheduled from 8 a.m. to
rulemaking, call or email Mr. Ronald participants, no vessel or person would
12:30 p.m. on June 3, 2018. Hazards
Houck, U.S. Coast Guard Sector be permitted to enter the regulated area
from the paddle race include numerous
Maryland-National Capital Region; without obtaining permission from the
event participants crossing designated
telephone 410–576–2674, email COTP Maryland-National Capital
shipping channels and interfering with
Ronald.L.Houck@uscg.mil. Region or a designated representative.
vessels intending to operate within
SUPPLEMENTARY INFORMATION: The regulatory text we are proposing
those channels. The COTP Maryland-
National Capital Region has determined appears at the end of this document.
I. Table of Abbreviations
that potential hazards associated with
sradovich on DSK3GMQ082PROD with PROPOSALS

IV. Regulatory Analyses
CFR Code of Federal Regulations the paddle race would be a safety
COTP Captain of the Port concern for anyone intending to operate We developed this proposed rule after
DHS Department of Homeland Security considering numerous statutes and
E.O. Executive order
within certain waters of the Chesapeake
Bay between Sandy Point and Kent E.O.s related to rulemaking. Below we
FR Federal Register
NPRM Notice of proposed rulemaking Island, MD. summarize our analyses based on a
Pub. L. Public Law The purpose of this rulemaking is to number of these statutes and Executive
§ Section protect event participants, spectators orders and we discuss First Amendment
U.S.C. United States Code and transiting vessels on certain waters rights of protestors.

VerDate Sep<11>2014 16:32 Jan 11, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\12JAP1.SGM 12JAP1
1598 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules

A. Regulatory Planning and Review rule would affect your small business, Security Management Directive 023–01
E.O.s 12866 and 13563 direct agencies organization, or governmental and Commandant Instruction
to assess the costs and benefits of jurisdiction and you have questions M16475.lD, which guide the Coast
available regulatory alternatives and, if concerning its provisions or options for Guard in complying with the National
regulation is necessary, to select compliance, please contact the person Environmental Policy Act of 1969 (42
regulatory approaches that maximize listed in the FOR FURTHER INFORMATION U.S.C. 4321–4370f), and have made a
net benefits. E.O. 13771 directs agencies CONTACT section. The Coast Guard will preliminary determination that this
to control regulatory costs through a not retaliate against small entities that action is one of a category of actions that
budgeting process. This NPRM has not question or complain about this do not individually or cumulatively
been designated a ‘‘significant proposed rule or any policy or action of have a significant effect on the human
regulatory action,’’ under E.O. 12866. the Coast Guard. environment. This proposed rule
Accordingly, the NPRM has not been involves implementation of regulations
C. Collection of Information
reviewed by the Office of Management within 33 CFR part 100 applicable to
This proposed rule would not call for organized marine events on the
and Budget (OMB), and pursuant to a new collection of information under
OMB guidance it is exempt from the navigable waters of the United States
the Paperwork Reduction Act of 1995 that could negatively impact the safety
requirements of E.O. 13771. (44 U.S.C. 3501–3520).
This regulatory action determination of waterway users and shore side
is based on the size and duration of the D. Federalism and Indian Tribal activities in the event area lasting for 6
regulated area, which would impact a Governments hours. The category of water activities
small designated area of the Chesapeake includes but is not limited to sail boat
A rule has implications for federalism regattas, boat parades, power boat
Bay for six hours. The Coast Guard under E.O. 13132, Federalism, if it has
would issue a Broadcast Notice to racing, swimming events, crew racing,
a substantial direct effect on the States, canoe and sail board racing. Normally
Mariners via VHF–FM marine channel on the relationship between the national
16 about the status of the regulated area. such actions are categorically excluded
government and the States, or on the from further review under paragraph
Moreover, the rule would allow vessels distribution of power and
to seek permission to enter the regulated 34(h) of Figure 2–1 of Commandant
responsibilities among the various Instruction M16475.lD. A preliminary
area, and vessel traffic would be able to levels of government. We have analyzed
safely transit the regulated area once the Record of Environmental Consideration
this proposed rule under that Order and supporting this determination is
COTP Coast Guard Patrol Commander have determined that it is consistent
deems it safe to do so. available in the docket where indicated
with the fundamental federalism under ADDRESSES. We seek any
B. Impact on Small Entities principles and preemption requirements comments or information that may lead
described in E.O. 13132. to the discovery of a significant
The Regulatory Flexibility Act of Also, this proposed rule does not have
1980, 5 U.S.C. 601–612, as amended, environmental impact from this
tribal implications under Executive proposed rule.
requires Federal agencies to consider Order 13175, Consultation and
the potential impact of regulations on Coordination with Indian Tribal G. Protest Activities
small entities during rulemaking. The Governments, because it would not have
term ‘‘small entities’’ comprises small The Coast Guard respects the First
a substantial direct effect on one or
businesses, not-for-profit organizations Amendment rights of protesters.
more Indian tribes, on the relationship
that are independently owned and Protesters are asked to contact the
between the Federal Government and
operated and are not dominant in their person listed in the FOR FURTHER
Indian tribes, or on the distribution of
fields, and governmental jurisdictions INFORMATION CONTACT section to
power and responsibilities between the
with populations of less than 50,000. coordinate protest activities so that your
Federal Government and Indian tribes.
The Coast Guard certifies under 5 U.S.C. message can be received without
If you believe this proposed rule has
605(b) that this proposed rule would not jeopardizing the safety or security of
implications for federalism or Indian
have a significant economic impact on people, places, or vessels.
tribes, please contact the person listed
a substantial number of small entities. in the FOR FURTHER INFORMATION V. Public Participation and Request for
While some owners or operators of CONTACT section. Comments
vessels intending to transit the regulated
area may be small entities, for the E. Unfunded Mandates Reform Act We view public participation as
reasons stated in section IV.A above this The Unfunded Mandates Reform Act essential to effective rulemaking, and
proposed rule would not have a of 1995 (2 U.S.C. 1531–1538) requires will consider all comments and material
significant economic impact on any Federal agencies to assess the effects of received during the comment period.
vessel owner or operator. their discretionary regulatory actions. In Your comment can help shape the
If you think that your business, particular, the Act addresses actions outcome of this rulemaking. If you
organization, or governmental that may result in the expenditure by a submit a comment, please include the
jurisdiction qualifies as a small entity State, local, or tribal government, in the docket number for this rulemaking,
and that this rule would have a aggregate, or by the private sector of indicate the specific section of this
significant economic impact on it, $100,000,000 (adjusted for inflation) or document to which each comment
please submit a comment (see applies, and provide a reason for each
sradovich on DSK3GMQ082PROD with PROPOSALS

more in any one year. Though this
ADDRESSES) explaining why you think it proposed rule would not result in such suggestion or recommendation.
qualifies and how and to what degree an expenditure, we do discuss the We encourage you to submit
this rule would economically affect it. effects of this rule elsewhere in this comments through the Federal
Under section 213(a) of the Small preamble. eRulemaking Portal at http://
Business Regulatory Enforcement www.regulations.gov. If your material
Fairness Act of 1996 (Pub. L. 104–121), F. Environment cannot be submitted using http://
we want to assist small entities in We have analyzed this proposed rule www.regulations.gov, contact the person
understanding this proposed rule. If the under Department of Homeland in the FOR FURTHER INFORMATION

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Document Modified: 2018-10-26 09:51:29
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before February 12, 2018.
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]
FR Citation		83 FR 1597
RIN Number		1625-AA08
CFR Associated		Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways
83 FR 1597 - Special Local Regulation; Chesapeake Bay, between Sandy Point and Kent Island, MD

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 9 (January 12, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
