Proposed Rule2021-15060
Special Local Regulation; Chesapeake Bay, Between Sandy Point and Kent Island, MD
Primary source
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Published
July 15, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing 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 September 26, 2021. This proposed rulemaking would prohibit persons and vessels from entering the regulated area unless authorized by the Captain of the Port Maryland-National Capital Region or the Coast Guard Patrol Commander. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 86 Issue 133 (Thursday, July 15, 2021)</title>
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[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Proposed Rules]
[Pages 37270-37273]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15060]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0505]
RIN 1625-AA08
Special Local Regulation; Chesapeake Bay, Between Sandy Point and
Kent Island, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing 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 September 26, 2021.
This proposed rulemaking would prohibit persons and vessels from
entering the regulated area unless authorized by the Captain of the
Port Maryland-National Capital Region or the 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 August 16, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0505 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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. Ron Houck, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast
Guard; telephone 410-576-2674, email <a href="/cdn-cgi/l/email-protection#6f2b5f5a422b28423c0a0c1b001d222b42212c3d42220e1d06010a2a190a011b1c2f1a1c0c0841020603"><span class="__cf_email__" data-cfemail="e6a2d6d3cba2a1cbb58385928994aba2cba8a5b4cbab87948f8883a39083889295a693958581c88b8f8a">[email protected]</span></a>.
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
PATCOM Coast Guard Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
ABC Events, Inc. of Arnold, MD, has notified the Coast Guard that
it will be conducting the Bay Bridge Paddle from 8 a.m. to noon on
September 26, 2021. The annual canoe, kayak and stand up paddle board
event for elite and intermediate paddlers includes up to 400 paddlers
in two classes operating on two race courses in the Chesapeake Bay,
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. The first
[[Page 37271]]
course, for elite paddlers, is a 9-statute mile/14.5-kilometer race
course that starts at the east beach area of Sandy Point State Park at
Annapolis, MD, 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. The second course, for intermediate paddlers, is a 3.1-
statute mile/5-kilometer course that starts at the east beach area of
Sandy Point State Park at Annapolis, MD, 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 east beach area of Sandy Point State Park.
Hazards from the paddle races include numerous event participants
crossing designated navigation channels and interfering with vessels
intending to operate within those channels, as well as operating within
approaches to the Sandy Point State Park public boat launch facility
and marina. The COTP Maryland-National Capital Region has determined
that potential hazards associated with the paddle races would be a
safety concern for anyone intending to participate in this event or for
vessels that operate within specified waters of the Chesapeake Bay
between Sandy Point and Kent Island, MD.
The purpose of this rulemaking is to protect event participants,
non-participants and transiting vessels on certain waters of the
Chesapeake Bay before, during, and after the scheduled event. The Coast
Guard is proposing this rulemaking under authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP Maryland-National Capital Region is proposing to establish
special local regulations from 7 a.m. to 1 p.m. on September 26, 2021.
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]22'40.24'' 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 proposed duration of the special local regulations and size of
the regulated area are intended to ensure the safety of life on these
navigable waters before, during, and after the paddle races, scheduled
from 8 a.m. to noon on September 26, 2021. The COTP and the Coast Guard
Event Patrol Commander (PATCOM) would have the authority to 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 would be
required to immediately comply with the directions given by the COTP or
Event PATCOM. If a person or vessel fails to follow such directions,
the Coast Guard may expel them from the area, issue them a citation for
failure to comply, or both.
Except for Bay Bridge Paddle participants and vessels already at
berth, a vessel or person would be required to get permission from the
COTP or Event PATCOM before entering the regulated area. Vessel
operators would be able to request permission to enter and transit
through the regulated area by contacting the Event PATCOM on VHF-FM
channel 16. Vessel traffic would be able to safely transit the
regulated area once the Event PATCOM deems it safe to do so. A person
or vessel not registered with the event sponsor as a participant or
assigned as official patrols would be considered a non-participant.
Official patrols are any vessel assigned or approved by the Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
If permission is granted by the COTP or Event PATCOM, a person or
vessel would be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Official patrols would direct
non-participants while within the regulated area. Official patrols
enforcing the regulated area can be contacted on VHF-FM channel 16 and
channel 22A.
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. This NPRM has not been designated a ``significant
regulatory action'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
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 6 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 Event PATCOM
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
safety zone 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.
[[Page 37272]]
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 call or email 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 call or email 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, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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. Normally such
actions are categorically excluded from further review under paragraph
L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. 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 call or email 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2021-0505 in the
``SEARCH'' box and click ``SEARCH.'' Next, look for this document in
the Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing 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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T05-0505 to read as follows:
Sec. 100.T05-0505 Bay Bridge Paddle, Chesapeake Bay, Between Sandy
Point and Kent Island, MD.
(a) Regulated area. The regulations in this section apply to the
following 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.
[[Page 37273]]
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. These coordinates are based on datum NAD 1983.
(b) Definitions. As used in this section--
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 COTP to act on his behalf.
Coast Guard Event Patrol Commander (Event PATCOM) 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.
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.
Participant means all persons and vessels registered with the event
sponsor participating in the Bay Bridge Paddle or otherwise designated
by the event sponsor as having a function tied to the event.
(c) Regulations. (1) Except for participants and vessels already at
berth, all non-participants are prohibited from entering, transiting
through, anchoring in, or remaining within the regulated area described
in paragraph (a) of this section unless authorized by the COTP
Maryland-National Capital Region or Event PATCOM.
(2) To seek permission to enter, 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) or the Event PATCOM on Marine Band
Radio, VHF-FM channel 16 (156.8 MHz). Those in the regulated area must
comply with all lawful orders or directions given to them by the COTP
Maryland-National Capital Region or Event PATCOM.
(3) Official patrols will direct non-participants while within the
regulated area. Official patrols enforcing the regulated area can be
contacted on VHF-FM channel 16 and channel 22A.
(4) The COTP Maryland-National Capital Region will provide notice
of the regulated area through advanced notice via Fifth Coast Guard
District Local Notice to Mariners, broadcast notice to mariners, and
on-scene official patrols.
(d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
(e) Enforcement period. This section will be enforced from 7 a.m.
to 1 p.m. on September 26, 2021.
Dated: July 9, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2021-15060 Filed 7-14-21; 8:45 am]
BILLING CODE 9110-04-P
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