Rule2024-19797
Safety Zone; Paddleboat Race, Chesapeake Bay, Annapolis, MD
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 4, 2024
Effective
September 15, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain waters of the Chesapeake Bay adjacent to the William P. Lane Bridge, Annapolis MD. This action is necessary to provide for the safety of life on the navigable waters during a paddleboat race on September 15, 2024. This action will prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port, Maryland-National Capital Region or a designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 171 (Wednesday, September 4, 2024)</title>
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[Federal Register Volume 89, Number 171 (Wednesday, September 4, 2024)]
[Rules and Regulations]
[Pages 71824-71826]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19797]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0643]
RIN 1625-AA00
Safety Zone; Paddleboat Race, Chesapeake Bay, Annapolis, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Chesapeake Bay adjacent to the William P. Lane
Bridge, Annapolis MD. This action is necessary to provide for the
safety of life on the navigable waters during a paddleboat race on
September 15, 2024. This action will prohibit persons and vessels from
entering the safety zone unless authorized by the Captain of the Port,
Maryland-National Capital Region or a designated representative.
DATES: This rule is effective from 8 a.m. to 1 p.m. on September 15,
2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2024-0643 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LCDR Kate M. Newkirk, Sector Maryland-National Capital
Region Waterways Management Division, U.S. Coast Guard; telephone 410-
576-2674, email <a href="/cdn-cgi/l/email-protection#02696376672c6f2c6c6775696b706942777161652c6f6b6e"><span class="__cf_email__" data-cfemail="dcb7bda8b9f2b1f2b2b9abb7b5aeb79ca9afbfbbf2b1b5b0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory provision authorizes an agency to
issue a rule without prior notice and opportunity to comment when the
agency for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' The Coast Guard
finds that good cause exists under 5 U.S.C. 553(b)(B) for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because it would be impracticable to solicit and consider comments
in time to publish a final rule to take effect in time for the event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is needed to respond to the potential safety hazards associated with a
large congregation of paddle racers.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port, Maryland-National Capital Region (COTP)
has determined that the presence of nonparticipant vessels within the
safety zone shortly before, during, and shortly after the paddleboat
race is occurring will be a safety concern for participants and
nonparticipants alike. The purpose of this rule is to ensure the safety
of participant and nonparticipant vessels and the navigable waters in
the safety zone before, during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a safety zone from 8 a.m. until 1 p.m. on
September 15, 2024. The safety zone will 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
[[Page 71825]]
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.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
duration, and time-of-day of the safety zone. Vessel traffic will be
able to safely transit around this safety zone, which would impact a
small, designated area during the event. The Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine band radio channel 16 to
provide information about the safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-12, as
amended, does not apply to rules not subject to notice and comment. As
the Coast Guard has, for good cause, waived notice and comment
requirement that would otherwise apply to this rulemaking, the
Regulatory Flexibility Act's provisions do not apply here.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have Tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
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 determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting only 7 hours that will prohibit entry into the
paddle racecourse. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0643 to read as follows:
Sec. 165.T05-0643 Safety Zone, Chesapeake Bay, Annapolis MD.
(a) Location: The safety zone will 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.
(b) Definitions. The following definitions apply to this section:
(1) Captain of the Port, Maryland-National Capital Region (COTP)
means the Commander, 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,
[[Page 71826]]
Maryland-National Capital Region to act on his or her behalf.
(2) Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the Coast Guard who has been designated by
the Maryland-National Capital Region Coast Guard Sector Captain of the
Port (COTP) to enforce these regulations.
(3) Official patrol means any vessel assigned or approved by the
COTP with a commissioned, warrant, or petty officer on board and
displaying a Coast Guard ensign, or any State or local law enforcement
vessel approved by the COTP in accordance with current local
agreements.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) Vessels may not enter, remain in, or transit through the safety
zone during enforcement unless authorized to do so by the COTP or the
Event PATCOM.
(3) Persons or vessels requiring entry into or passage through the
safety zone must first request authorization from the Captain of the
Port, Sector Maryland-National Capital Region to seek permission to
transit the area. The Captain of the Port, Maryland-National Capital
Region can be contacted at telephone number (410) 576-2693. The Coast
Guard vessels enforcing this section can be contacted on VHF Marine
Band Radio, VHF channel 16 (156.8 MHz). Upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing light, or other means, the
operator of a vessel shall proceed as directed. If permission is
granted, all persons and vessels must comply with the instructions of
the Captain of the Port, Maryland-National Capital Region and proceed
at the minimum speed necessary to maintain a safe course while within
the zone.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This rule is effective and subject to
enforcement from 8 a.m. to 1 p.m. on September 15, 2024.
(f) Postponement or cancellation. The COTP or Event PATCOM may
order the postponement or cancellation of this event at any time if, in
their sole discretion, it is determined that the event cannot be
conducted in a safe manner.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland/NCR.
[FR Doc. 2024-19797 Filed 9-3-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 4, 2024.
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