Special Local Regulation; Chesapeake Bay, Between Sandy Point and Kent Island, MD, 21462-21465 [2016-08380]
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Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations
paragraph, and the training is given by
an authorized instructor.
(2) Training in a full flight simulator
that meets the requirements of
§ 141.41(a), may be credited for a
maximum of 50 percent of the total
flight training hour requirements of the
approved course, or of this section,
whichever is less.
(3) Training in a flight training device
that meets the requirements of
§ 141.41(a), may be credited for a
maximum of 25 percent of the total
flight training hour requirements of the
approved course, or of this section,
whichever is less.
(4) Training in the full flight
simulators or flight training devices
described in paragraphs (b)(2) and (3) of
this section, if used in combination,
may be credited for a maximum of 50
percent of the total flight training hour
requirements of the approved course, or
of this section, whichever is less.
However, credit training in a flight
training device that meets the
requirements of § 141.41(a) cannot
exceed the limitation provided for in
paragraph (b)(3) of this section.
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■ 12. In appendix K to part 141, revise
section 4 to read as follows:
Appendix K to Part 141—Special
Preparation Courses
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4. Use of full flight simulators or flight
training devices. (a) The approved
special preparation course may include
training in a full flight simulator or
flight training device, provided it is
representative of the aircraft for which
the course is approved, meets
requirements of this paragraph, and the
training is given by an authorized
instructor.
(b) Except for the airline transport
pilot certification program in section 13
of this appendix, training in a full flight
simulator that meets the requirements of
§ 141.41(a), may be credited for a
maximum of 10 percent of the total
flight training hour requirements of the
approved course, or of this section,
whichever is less.
(c) Except for the airline transport
pilot certification program in section 13
of this appendix, training in a flight
training device that meets the
requirements of § 141.41(a), may be
credited for a maximum of 5 percent of
the total flight training hour
requirements of the approved course, or
of this section, whichever is less.
(d) Training in the full flight
simulators or flight training devices
described in paragraphs (b) and (c) of
this section, if used in combination,
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may be credited for a maximum of 10
percent of the total flight training hour
requirements of the approved course, or
of this section, whichever is less.
However, credit for training in a flight
training device that meets the
requirements of § 141.41(a) cannot
exceed the limitation provided for in
paragraph (c) of this section.
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13. In appendix M to part 141, revise
paragraph (c) of section 4 to read as
follows:
■
Issued in Washington, DC, under the
authority of 49 U.S.C. 106(f), 44701(a)(5), and
44703(a), on April 4, 2016.
Michael P. Huerta,
Administrator.
[FR Doc. 2016–08388 Filed 4–8–16; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Appendix M to Part 141—Combined
Private Pilot Certification and
Instrument Rating Course
33 CFR Part 100
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RIN 1625–AA08
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4. Flight training.
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(c) For use of full flight simulators or
flight training devices:
(1) The course may include training in
a combination of full flight simulators,
flight training devices, and aviation
training devices, provided it is
representative of the aircraft for which
the course is approved, meets the
requirements of this section, and the
training is given by an authorized
instructor.
(2) Training in a full flight simulator
that meets the requirements of
§ 141.41(a) may be credited for a
maximum of 35 percent of the total
flight training hour requirements of the
approved course, or of this section,
whichever is less.
(3) Training in a flight training device
that meets the requirements of
§ 141.41(a) or an aviation training
device that meets the requirements of
§ 141.41(b) may be credited for a
maximum of 25 percent of the total
flight training hour requirements of the
approved course, or of this section,
whichever is less.
(4) Training in a combination of flight
simulators, flight training devices, or
aviation training devices, described in
paragraphs (c)(2) and (3) of this section,
may be credited for a maximum of 35
percent of the total flight training hour
requirements of the approved course, or
of this section, whichever is less.
However, credit for training in a flight
training device and aviation training
device, that meets the requirements of
§ 141.41(b), cannot exceed the limitation
provided for in paragraph (c)(3) of this
section.
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[Docket Number USCG–2015–1126]
Special Local Regulation; Chesapeake
Bay, Between Sandy Point and Kent
Island, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing special local regulations for
certain waters of the Chesapeake Bay.
This action is necessary to provide for
the safety of life on these navigable
waters located between Sandy Point,
Anne Arundel County, MD and Kent
Island, Queen Anne’s County, MD,
during a paddling event on May 14,
2016. This rulemaking will prohibit
persons and vessels from being in the
regulated area unless authorized by the
Captain of the Port Baltimore or Coast
Guard Patrol Commander.
DATES: This rule is effective from 7:30
a.m. on May 14, 2016 through 12:30
p.m. on May 15, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2015–
1126 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Ronald Houck, U.S. Coast
Guard Sector Baltimore, MD; telephone
410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUMMARY:
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
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
On December 28, 2015, ABC Events,
Inc. notified the Coast Guard that from
8 a.m. until noon on May 14, 2016, it
will be conducting the Bay Bridge
Paddle race in the Chesapeake Bay,
under and between the north and south
spans of the William P. Lane, Jr. (US–
50/301) Memorial Bridges, located
between Sandy Point, Anne Arundel
County, MD and Kent Island, Queen
Anne’s County, MD. In response, on
February 12, 2016, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled ‘‘Special
Local Regulation; Chesapeake Bay,
between Sandy Point and Kent Island,
MD’’ in the Federal Register (81 FR
7481). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to this paddle race. During the comment
period that ended March 14, 2016, we
received 2 comments. No public
meeting was requested, and none was
held.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
COTP Baltimore has determined that
potential hazards associated with the
paddle race on May 14, 2016 will 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 rule is to protect event participants,
spectators and transiting vessels on
certain waters of the Chesapeake Bay
before, during, and after the scheduled
event.
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IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received 2
comments on our NPRM published on
February 12, 2016. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
One commenter, the Sailing Club of
the Chesapeake, stated that the
regulated area for this event would
impact its planned annual sailing
regatta held on the Chesapeake Bay,
between a location south of the south
span of the William P. Lane, Jr. (US–50/
301) Memorial Bridges and a location
north of the north span.
The COTP Baltimore had no prior
notifications of this annual sailing
regatta in previous years. The Coast
Guard will only enforce the regulated
area during the enforcement period.
However, should the event sponsor
develop a schedule that would help
predict when and where gaps in the race
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course may exist during the event, and
vessel traffic would be able to safely
transit the regulated area once the Coast
Guard Patrol Commander deems it safe
to do so, then such actions could be
permitted after authorization is
obtained.
The second commenter, the Baltimore
Port Alliance, stated that, as proposed,
the regulated area for this event would
block ship access to and from the Port
of Baltimore for five hours, and that any
restrictions on vessel traffic in or out of
the port could result in a significant
economic hardship for port stakeholders
by disrupting committed schedules.
Additionally, the commenter
recommended redesigning the paddle
race course as to not block the main
shipping channel or to change the date
of the paddle race to coincide with the
annual Great Chesapeake Bay Swim
event a month later, so that only one
blockage of the main shipping channel
would occur.
The Coast Guard agrees that waterway
restrictions, when necessary, should be
as limited in scope and duration. For
this event, enough notice has been
provided for persons to schedule,
coordinate and adjust their ship
schedules. As it currently does with the
annual Great Chesapeake Bay Swim
event, the Coast Guard will work with
the port stakeholders to monitor
potential impacts to commercial vessel
movements in the vicinity of the event
area. Additionally, it is impractical to
conduct the events concurrently; as the
two events are of different types, each
having hundreds of participants
occupying the same navigable waters.
Since the times for the Great
Chesapeake Bay Swim event are also
dependent upon tidal current
predictions, the possibility exists,
should both events be conducted on the
same day, the waterway restrictions
would last for a significantly longer
period of time having a greater impact
on the public and the use of the
waterway.
This rule establishes special local
regulations from 7:30 a.m. until 12:30
p.m. on May 14, 2016, and, if necessary
due to inclement weather, from 7:30
a.m. until 12:30 p.m. on May 15, 2016.
The regulated area will cover all
navigable waters of the Chesapeake Bay
between and adjacent to the spans of the
William P. Lane Jr. Memorial Bridges
from shoreline to shoreline, bounded to
the north by a line drawn parallel and
500 yards north of the north bridge span
that originates from the western
shoreline at latitude 39°00′36″ N.,
longitude 076°23′05″ W. and thence
eastward to the eastern shoreline at
latitude 38°59′14″ N., longitude
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076°20′00″ W., and bounded to the
south by a line drawn parallel and 500
yards south of the south bridge span
that originates from the western
shoreline at latitude 39°00′16″ N.,
longitude 076°24′30″ W. and thence
eastward to the eastern shoreline at
latitude 38°58′38.5″ N., longitude
076°20′06″ W. The duration of the
regulated area is intended to ensure the
safety of vessels and these navigable
waters before, during, and after the
event, currently scheduled to being at 8
a.m. and last until noon. Except for Bay
Bridge Paddle participants, no vessel or
person will be permitted to enter the
regulated area without obtaining
permission from the COTP Baltimore or
designated Coast Guard Patrol
Commander.
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.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
This regulatory action determination
is based on the size and duration of the
regulated area, which would impact a
small designated area of the Chesapeake
Bay for only 5 hours. Although the
regulated area cuts off one portion of the
Chesapeake Bay from the other, the
closure is temporary, and notice has
been provided well in advance to permit
mariners to plan their transit. The Coast
Guard would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the status of the regulated area.
Moreover, the rule would allow vessels
to seek permission to enter the regulated
area, and vessel traffic would be able to
safely transit the regulated area once the
Coast Guard Patrol Commander deems it
safe to do so.
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Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations
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 rule will 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
rule will not have a significant
economic impact on any vessel owner
or operator.
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 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.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
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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
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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. If you
believe this 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 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
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
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
implementation of regulations within 33
CFR part 100 applicable to organized
marine events on the navigable waters
of the United States that could
negatively impact the safety of
waterway users and shore side activities
in the event area lasting for 5 hours. The
category of water activities includes but
is not limited to sail boat regattas, boat
parades, power boat racing, swimming
events, crew racing, canoe and sail
board racing. It is categorically excluded
from further review under paragraph
34(h) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
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Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this 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.
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 amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35–T05–
1126 to read as follows:
■
§ 100.35–T05–1126 Special Local
Regulation; Chesapeake Bay, between
Sandy Point and Kent Island, MD.
(a) Regulated area. The following
location is a regulated area: All
navigable waters of the Chesapeake Bay
between and adjacent to the spans of the
William P. Lane Jr. Memorial Bridges
from shoreline to shoreline, bounded to
the north by a line drawn parallel and
500 yards north of the north bridge span
that originates from the western
shoreline at latitude 39°00′36″ N.,
longitude 076°23′05″ W. and thence
eastward to the eastern shoreline at
latitude 38°59′14″ N., longitude
076°20′00″ W., and bounded to the
south by a line drawn parallel and 500
yards south of the south bridge span
that originates from the western
shoreline at latitude 39°00′16″ N.,
longitude 076°24′30″ W. and thence
eastward to the eastern shoreline at
latitude 38°58′38.5″ N., longitude
076°20′06″ W. All coordinates reference
Datum NAD 1983.
(b) Definitions. (1) Captain of the Port
Baltimore means the Commander, U.S.
Coast Guard Sector Baltimore, Maryland
or any Coast Guard commissioned,
warrant or petty officer who has been
authorized by the Captain of the Port to
act on his behalf.
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Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations
(2) Coast Guard Patrol Commander
means a commissioned, warrant, or
petty officer of the U.S. Coast Guard
who has been designated by the
Commander, Coast Guard Sector
Baltimore.
(3) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Baltimore with a
commissioned, warrant, or petty officer
on board and displaying a Coast Guard
ensign.
(4) Participant means all persons and
vessels participating in the Bay Bridge
Paddle event under the auspices of the
Marine Event Permit issued to the event
sponsor and approved by Commander,
Coast Guard Sector Baltimore.
(c) Special local regulations. (1) The
Coast Guard Patrol Commander may
forbid and control the movement of all
vessels and persons, including event
participants, in the regulated area.
When hailed or signaled by an official
patrol, a vessel or person in the
regulated area shall immediately
comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both. The Coast Guard Patrol
Commander may terminate the event, or
the operation of any support vessel
participating in the event, at any time it
is deemed necessary for the protection
of life or property.
(2) Except for participants and vessels
already at berth, mooring, or anchor, all
persons and vessels within the regulated
area at the time it is implemented are to
depart the regulated area.
(3) Persons desiring to transit the
regulated area must first obtain
authorization from the Captain of the
Port Baltimore or Coast Guard Patrol
Commander. Prior to the enforcement
period, to seek permission to transit the
area, the Captain of the Port Baltimore
can be contacted at telephone number
410–576–2693 or on Marine Band
Radio, VHF–FM channel 16 (156.8
MHz). During the enforcement period,
to seek permission to transit the area,
the Coast Guard Patrol Commander can
be contacted on Marine Band Radio,
VHF–FM channel 16 (156.8 MHz) for
direction.
(4) The Coast Guard may be assisted
in the patrol and enforcement of the
regulated area by other Federal, State,
and local agencies. The Coast Guard
Patrol Commander and official patrol
vessels enforcing this regulated area can
be contacted on marine band radio
VHF–FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz).
(5) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
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FM marine band radio announcing
specific event date and times.
(d) Enforcement period. This section
will be enforced from 7:30 a.m. until
12:30 p.m. on May 14, 2016, and, if
necessary due to inclement weather,
from 7:30 a.m. until 12:30 p.m. on May
15, 2016.
Dated: March 31, 2016.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2016–08380 Filed 4–11–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0293]
Drawbridge Operation Regulation;
Connecticut River, East Haddam, CT
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Route 82
Bridge across the Connecticut River,
mile 16.8, at East Haddam, Connecticut.
This deviation is necessary to allow the
bridge owner to perform emergency
repairs at the bridge.
DATES: This deviation is effective from
7 a.m. on April 18, 2016 to 3 p.m. on
June 30, 2016.
ADDRESSES: The docket for this
deviation, [USCG–2016–0293] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Judy Leung-Yee,
Project Officer, First Coast Guard
District, telephone (212) 514–4330,
email judy.k.leung-yee@uscg.mil.
SUPPLEMENTARY INFORMATION: The Route
82 Bridge, mile 16.8, across the
Connecticut River, has a vertical
clearance in the closed position of 22
feet at mean high water and 25 feet at
mean low water. The existing bridge
operating regulations are found at 33
CFR 117.205(c).
The waterway is transited by seasonal
recreational traffic and some
commercial barge traffic of various
sizes.
SUMMARY:
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The bridge owner, Connecticut
Department of Transportation, requested
a temporary deviation from the normal
operating schedule to perform
emergency repairs at the bridge.
Under this temporary deviation, the
Route 82 Bridge shall open on signal
from April 18, 2016 to June 30, 2016,
Monday to Friday between 7 a.m. and
3 p.m. if at least two-hour notice is
given by calling the number posted at
the bridge.
Vessels able to pass under the bridge
in the closed position may do so at
anytime. The bridge will not be able to
open for emergencies and there is no
immediate alternate route for vessels to
pass.
The Coast Guard will inform the users
of the waterways through our Local
Notice and Broadcast to Mariners of the
change in operating schedule for the
bridge so that vessel operations can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: April 6, 2016.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2016–08296 Filed 4–11–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 9
RIN 2900–AN40
Servicemembers’ Group Life Insurance
and Veterans’ Group Life Insurance—
Slayer’s Rule Exclusion
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs adopts as final, without change,
the final rule seeking comments
published on October 3, 2012, amending
its regulations governing
Servicemembers’ Group Life Insurance
(SGLI) and Veterans’ Group Life
Insurance (VGLI). Specifically, this rule
prohibits paying insurance proceeds
because of the death of a person
(decedent) whose life was insured under
SGLI or VGLI, or paying a SGLI
Traumatic Injury Protection (TSGLI)
benefit to a person (slayer) convicted of
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Rules and Regulations]
[Pages 21462-21465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08380]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-1126]
RIN 1625-AA08
Special Local Regulation; Chesapeake Bay, Between Sandy Point and
Kent Island, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing special local regulations for
certain waters of the Chesapeake Bay. This action is necessary to
provide for the safety of life on these navigable waters located
between Sandy Point, Anne Arundel County, MD and Kent Island, Queen
Anne's County, MD, during a paddling event on May 14, 2016. This
rulemaking will prohibit persons and vessels from being in the
regulated area unless authorized by the Captain of the Port Baltimore
or Coast Guard Patrol Commander.
DATES: This rule is effective from 7:30 a.m. on May 14, 2016 through
12:30 p.m. on May 15, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2015-1126 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD;
telephone 410-576-2674, email Ronald.L.Houck@uscg.mil.
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
Sec. Section
U.S.C. United States Code
[[Page 21463]]
II. Background Information and Regulatory History
On December 28, 2015, ABC Events, Inc. notified the Coast Guard
that from 8 a.m. until noon on May 14, 2016, it will be conducting the
Bay Bridge Paddle race in the Chesapeake Bay, under and between the
north and south spans of the William P. Lane, Jr. (US-50/301) Memorial
Bridges, located between Sandy Point, Anne Arundel County, MD and Kent
Island, Queen Anne's County, MD. In response, on February 12, 2016, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Special Local Regulation; Chesapeake Bay, between Sandy Point and
Kent Island, MD'' in the Federal Register (81 FR 7481). There we stated
why we issued the NPRM, and invited comments on our proposed regulatory
action related to this paddle race. During the comment period that
ended March 14, 2016, we received 2 comments. No public meeting was
requested, and none was held.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The COTP Baltimore has determined that potential hazards
associated with the paddle race on May 14, 2016 will 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 rule is to protect event participants, spectators and transiting
vessels on certain waters of the Chesapeake Bay before, during, and
after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 2 comments on our NPRM published on
February 12, 2016. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
One commenter, the Sailing Club of the Chesapeake, stated that the
regulated area for this event would impact its planned annual sailing
regatta held on the Chesapeake Bay, between a location south of the
south span of the William P. Lane, Jr. (US-50/301) Memorial Bridges and
a location north of the north span.
The COTP Baltimore had no prior notifications of this annual
sailing regatta in previous years. The Coast Guard will only enforce
the regulated area during the enforcement period. However, should the
event sponsor develop a schedule that would help predict when and where
gaps in the race course may exist during the event, and vessel traffic
would be able to safely transit the regulated area once the Coast Guard
Patrol Commander deems it safe to do so, then such actions could be
permitted after authorization is obtained.
The second commenter, the Baltimore Port Alliance, stated that, as
proposed, the regulated area for this event would block ship access to
and from the Port of Baltimore for five hours, and that any
restrictions on vessel traffic in or out of the port could result in a
significant economic hardship for port stakeholders by disrupting
committed schedules. Additionally, the commenter recommended
redesigning the paddle race course as to not block the main shipping
channel or to change the date of the paddle race to coincide with the
annual Great Chesapeake Bay Swim event a month later, so that only one
blockage of the main shipping channel would occur.
The Coast Guard agrees that waterway restrictions, when necessary,
should be as limited in scope and duration. For this event, enough
notice has been provided for persons to schedule, coordinate and adjust
their ship schedules. As it currently does with the annual Great
Chesapeake Bay Swim event, the Coast Guard will work with the port
stakeholders to monitor potential impacts to commercial vessel
movements in the vicinity of the event area. Additionally, it is
impractical to conduct the events concurrently; as the two events are
of different types, each having hundreds of participants occupying the
same navigable waters. Since the times for the Great Chesapeake Bay
Swim event are also dependent upon tidal current predictions, the
possibility exists, should both events be conducted on the same day,
the waterway restrictions would last for a significantly longer period
of time having a greater impact on the public and the use of the
waterway.
This rule establishes special local regulations from 7:30 a.m.
until 12:30 p.m. on May 14, 2016, and, if necessary due to inclement
weather, from 7:30 a.m. until 12:30 p.m. on May 15, 2016. The regulated
area will cover all navigable waters of the Chesapeake Bay between and
adjacent to the spans of the William P. Lane Jr. Memorial Bridges from
shoreline to shoreline, bounded to the north by a line drawn parallel
and 500 yards north of the north bridge span that originates from the
western shoreline at latitude 39[deg]00'36'' N., longitude
076[deg]23'05'' W. and thence eastward to the eastern shoreline at
latitude 38[deg]59'14'' N., longitude 076[deg]20'00'' W., and bounded
to the south by a line drawn parallel and 500 yards south of the south
bridge span that originates from the western shoreline at latitude
39[deg]00'16'' N., longitude 076[deg]24'30'' W. and thence eastward to
the eastern shoreline at latitude 38[deg]58'38.5'' N., longitude
076[deg]20'06'' W. The duration of the regulated area is intended to
ensure the safety of vessels and these navigable waters before, during,
and after the event, currently scheduled to being at 8 a.m. and last
until noon. Except for Bay Bridge Paddle participants, no vessel or
person will be permitted to enter the regulated area without obtaining
permission from the COTP Baltimore or designated Coast Guard Patrol
Commander.
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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This regulatory action determination is based on the size and
duration of the regulated area, which would impact a small designated
area of the Chesapeake Bay for only 5 hours. Although the regulated
area cuts off one portion of the Chesapeake Bay from the other, the
closure is temporary, and notice has been provided well in advance to
permit mariners to plan their transit. The Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
status of the regulated area. Moreover, the rule would allow vessels to
seek permission to enter the regulated area, and vessel traffic would
be able to safely transit the regulated area once the Coast Guard
Patrol Commander deems it safe to do so.
[[Page 21464]]
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 rule
will 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 rule will not have a significant economic impact on any
vessel owner or operator.
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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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. If
you believe this 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 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
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 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 implementation of regulations within 33 CFR part 100
applicable to organized marine events on the navigable waters of the
United States that could negatively impact the safety of waterway users
and shore side activities in the event area lasting for 5 hours. The
category of water activities includes but is not limited to sail boat
regattas, boat parades, power boat racing, swimming events, crew
racing, canoe and sail board racing. It is categorically excluded from
further review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this 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.
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 amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.35-T05-1126 to read as follows:
Sec. 100.35-T05-1126 Special Local Regulation; Chesapeake Bay,
between Sandy Point and Kent Island, MD.
(a) Regulated area. The following location is a regulated area: All
navigable waters of the Chesapeake Bay between and adjacent to the
spans of the William P. Lane Jr. Memorial Bridges from shoreline to
shoreline, bounded to the north by a line drawn parallel and 500 yards
north of the north bridge span that originates from the western
shoreline at latitude 39[deg]00'36'' N., longitude 076[deg]23'05'' W.
and thence eastward to the eastern shoreline at latitude 38[deg]59'14''
N., longitude 076[deg]20'00'' W., and bounded to the south by a line
drawn parallel and 500 yards south of the south bridge span that
originates from the western shoreline at latitude 39[deg]00'16'' N.,
longitude 076[deg]24'30'' W. and thence eastward to the eastern
shoreline at latitude 38[deg]58'38.5'' N., longitude 076[deg]20'06'' W.
All coordinates reference Datum NAD 1983.
(b) Definitions. (1) Captain of the Port Baltimore means the
Commander, U.S. Coast Guard Sector Baltimore, Maryland or any Coast
Guard commissioned, warrant or petty officer who has been authorized by
the Captain of the Port to act on his behalf.
[[Page 21465]]
(2) Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the U.S. Coast Guard who has been designated by the
Commander, Coast Guard Sector Baltimore.
(3) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
(4) Participant means all persons and vessels participating in the
Bay Bridge Paddle event under the auspices of the Marine Event Permit
issued to the event sponsor and approved by Commander, Coast Guard
Sector Baltimore.
(c) Special local regulations. (1) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels and persons,
including event participants, in the regulated area. When hailed or
signaled by an official patrol, a vessel or person in the regulated
area shall immediately comply with the directions given. Failure to do
so may result in expulsion from the area, citation for failure to
comply, or both. The Coast Guard Patrol Commander may terminate the
event, or the operation of any support vessel participating in the
event, at any time it is deemed necessary for the protection of life or
property.
(2) Except for participants and vessels already at berth, mooring,
or anchor, all persons and vessels within the regulated area at the
time it is implemented are to depart the regulated area.
(3) Persons desiring to transit the regulated area must first
obtain authorization from the Captain of the Port Baltimore or Coast
Guard Patrol Commander. Prior to the enforcement period, to seek
permission to transit the area, the Captain of the Port Baltimore can
be contacted at telephone number 410-576-2693 or on Marine Band Radio,
VHF-FM channel 16 (156.8 MHz). During the enforcement period, to seek
permission to transit the area, the Coast Guard Patrol Commander can be
contacted on Marine Band Radio, VHF-FM channel 16 (156.8 MHz) for
direction.
(4) The Coast Guard may be assisted in the patrol and enforcement
of the regulated area by other Federal, State, and local agencies. The
Coast Guard Patrol Commander and official patrol vessels enforcing this
regulated area can be contacted on marine band radio VHF-FM channel 16
(156.8 MHz) and channel 22A (157.1 MHz).
(5) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
(d) Enforcement period. This section will be enforced from 7:30
a.m. until 12:30 p.m. on May 14, 2016, and, if necessary due to
inclement weather, from 7:30 a.m. until 12:30 p.m. on May 15, 2016.
Dated: March 31, 2016.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2016-08380 Filed 4-11-16; 8:45 am]
BILLING CODE 9110-04-P
