Special Local Regulation; Chesapeake Bay, Between Sandy Point and Kent Island, MD, 10555-10558 [2017-02957]

Download as PDF 10555 Proposed Rules Federal Register Vol. 82, No. 29 Tuesday, February 14, 2017 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 923 [Doc. No. AMS–SC–16–0109; SC17–923–1 CR] Sweet Cherries Grown in Designated Counties in Washington; Continuance Referendum AGENCY: Agricultural Marketing Service, USDA. ACTION: Referendum order. This document directs that a referendum be conducted among eligible Washington sweet cherry growers to determine whether they favor continuance of the marketing order regulating the handling of sweet cherries grown in designated counties in Washington. DATES: The referendum will be conducted from April 21 through May 5, 2017. Only current growers of sweet cherries within the designated counties in Washington that have grown sweet cherries during the period April 1, 2016, through March 31, 2017, are eligible to vote in this referendum. ADDRESSES: Copies of the marketing order may be obtained from the Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1220 SW 3rd Avenue, Suite 305, Portland, OR 97204; Telephone: (503) 326–2724; from the Office of the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250–0237; or on the Internet: http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson or Gary D. Olson, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326– 2724, Fax: (503) 326–7440, or Email: sradovich on DSK3GMQ082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:01 Feb 13, 2017 Jkt 241001 Teresa.Hutchinson@ams.usda.gov or GaryD.Olson@ams.usda.gov, respectively. Pursuant to Marketing Order No. 923 (7 CFR part 923), hereinafter referred to as the ‘‘order,’’ and the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act,’’ it is hereby directed that a referendum be conducted to ascertain whether continuance of the order is favored by growers. The referendum shall be conducted from April 21 through May 5, 2017, among eligible Washington sweet cherry growers. Only current growers that were also engaged in the production of sweet cherries in designated counties in Washington during the period of April 1, 2016, through March 31, 2017, may participate in the continuance referendum. USDA has determined that continuance referenda are an effective means for determining whether growers favor the continuation of marketing order programs. USDA would consider termination of the order if less than twothirds of the growers voting in the referendum and growers of less than two-thirds of the volume of Washington sweet cherries represented in the referendum favor continuance of their program. In evaluating the merits of continuance versus termination, USDA will not exclusively consider the results of the continuance referendum. USDA will also consider all other relevant information regarding operation of the order and relative benefits and disadvantages to growers, handlers, and consumers to determine whether continuing the order would tend to effectuate the declared policy of the Act. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the ballot materials used in the referendum herein ordered have been submitted to and approved by the Office of Management and Budget (OMB) and have been assigned OMB No. 0581–0189, Generic Fruit Crops. It has been estimated that it will take an average of 20 minutes for each of the approximately 1,500 Washington sweet cherry growers to cast a ballot. Participation is voluntary. Ballots postmarked after May 5, 2017, will not be included in the vote tabulation. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 Teresa Hutchinson and Gary Olson of the Northwest Marketing Field Office, Specialty Crops Program, AMS, USDA, are hereby designated as the referendum agents of the Secretary of Agriculture to conduct this referendum. The procedure applicable to the referendum shall be the ‘‘Procedure for the Conduct of Referenda in Connection With Marketing Orders for Fruits, Vegetables, and Nuts Pursuant to the Agricultural Marketing Agreement Act of 1937, as Amended’’ (7 CFR part 900.400 et seq.). Ballots will be mailed to all growers of record and may also be obtained from the referendum agents or from their appointees. List of Subjects in 7 CFR Part 923 Cherries, Marketing agreements, Reporting and recordkeeping requirements. Authority: 7 U.S.C. 601–674. Dated: February 8, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2017–02904 Filed 2–13–17; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2016–1086] RIN 1625–AA08 Special Local Regulation; Chesapeake Bay, Between Sandy Point and Kent Island, MD Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: 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 April 29, 2017. In the case of inclement weather, the paddling event is scheduled for April 30, 2017. This proposed rulemaking would prohibit persons and vessels from being in the regulated area SUMMARY: E:\FR\FM\14FEP1.SGM 14FEP1 10556 Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Proposed Rules 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 March 16, 2017. ADDRESSES: You may submit comments identified by docket number USCG– 2016–1086 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 Ronald.L.Houck@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations sradovich on DSK3GMQ082PROD with PROPOSALS 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 § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis On December 13, 2016, ABC Events, Inc. of Arnold, MD notified the Coast Guard that it will be conducting the Bay Bridge Paddle from 7:30 a.m. to 12:30 p.m. on April 29, 2017. Details of the proposed event were provided to the Coast Guard on January 11, 2017. The second annual kayak and stand up paddle board event will be used to both showcase the water sport for intermediate and elite paddlers, and benefit the Annapolis Chapter of the Foundation for Community Betterment. The event includes up to 800 paddlers in two classes operating on two race courses in the Chesapeake Bay. The first course is adjacent to Sandy Point State Park at Annapolis, Maryland, and the second 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. Elite paddlers will operate on a 9statute 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 VerDate Sep<11>2014 16:01 Feb 13, 2017 Jkt 241001 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/5kilometer 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 7:30 a.m. to 12:30 p.m. on April 30, 2017. 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 MarylandNational 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. W.; thence southward to latitude 38°59′57.02″ N., longitude 076°23′02.79″ W.; thence eastward and parallel and 500 yards north of the north bridge span to eastern shoreline at latitude 38°59′13.70″ N., longitude 076°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°00′17.08″ N., longitude 076°24′28.36″ W.; thence southward to latitude 38°59′38.36″ N., longitude 076°23′59.67″ W.; thence eastward to latitude 38°59′26.93″ N., longitude 076°23′25.53″ W.; thence eastward to the eastern shoreline at latitude 38°58′40.32″ N., longitude 076°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 noon paddle 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 executive orders (E.O.s) related to rulemaking. Below we summarize our analyses based on a number of these statutes and E.O.s, and we discuss First Amendment rights of protestors. 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. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of III. Discussion of Proposed Rule harmonizing rules, and of promoting The COTP Maryland-National Capital flexibility. This NPRM has not been Region proposes to establish special designated a ‘‘significant regulatory local regulations from 7 a.m. to 1 p.m. action,’’ under E.O. 12866. Accordingly, on April 29, 2017, and, if necessary due the NPRM has not been reviewed by the to inclement weather, from 7 a.m. to 1 Office of Management and Budget. This regulatory action determination p.m. on April 30, 2017. The regulated area would cover all navigable waters of is based on the size and duration of the regulated area, which would impact a the Chesapeake Bay, adjacent to the small designated area of the Chesapeake shoreline at Sandy Point State Park and between and adjacent to the spans of the Bay for six hours. The Coast Guard would issue a Broadcast Notice to William P. Lane Jr. Memorial Bridges, from shoreline to shoreline, bounded to Mariners via VHF–FM marine channel 16 about the status of the regulated area. the north by a line drawn from the Moreover, the rule would allow vessels western shoreline at latitude 39°01′05.23″ N., longitude 076°23′47.93″ to seek permission to enter the regulated area, and vessel traffic would be able to W.; thence eastward to latitude 39°01′02.08″ N., longitude 076°22′58.38″ safely transit the regulated area once the PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\14FEP1.SGM 14FEP1 Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Proposed Rules 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. sradovich on DSK3GMQ082PROD with PROPOSALS 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 VerDate Sep<11>2014 16:01 Feb 13, 2017 Jkt 241001 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 E.O. 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 above. 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 environmental analysis checklist and Categorical Exclusion Determination are PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 10557 available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). 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 Web site’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. E:\FR\FM\14FEP1.SGM 14FEP1 10558 Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Proposed Rules 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 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. 2. Add § 100.501T05–1086 to read as follows: ■ sradovich on DSK3GMQ082PROD with PROPOSALS § 100.501T05–1086 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°01′05.23″ N., longitude 076°23′47.93″ W.; thence eastward to latitude 39°01′02.08″ N., longitude 076°22′58.38″ W.; thence southward to latitude 38°59′57.02″ N., longitude 076°23′02.79″ W.; thence eastward and parallel and 500 yards north of the north bridge span to eastern shoreline at latitude 38°59′13.70″ N., longitude 076°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°00′17.08″ N., longitude 076°24′28.36″ W.; thence southward to latitude 38°59′38.36″ N., longitude 076°23′59.67″ W.; thence eastward to latitude 38°59′26.93″ N., longitude 076°23′25.53″ W.; thence eastward to the eastern shoreline at latitude 38°58′40.32″ N., longitude 076°20′10.45″ W., located between Sandy Point and Kent Island, MD. All coordinates reference Datum NAD 1983. (b) Definitions. (1) Captain of the Port 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. VerDate Sep<11>2014 16:01 Feb 13, 2017 Jkt 241001 (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 Captain of the Port Maryland-National Capital Region or Coast Guard Patrol Commander. Prior to the enforcement period, to seek permission to transit, moor, or anchor within the area, the Captain of the Port Maryland-National Capital Region 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, moor, or anchor within 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 a.m. to 1 p.m. on April 29, 2017, and, if necessary due to inclement weather, from 7 a.m. to 1 p.m. on April 30, 2017. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 Dated: January 25, 2017. Lonnie P. Harrison, Jr., Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2017–02957 Filed 2–13–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2016–0799] RIN 1625–AA87 Safety and Security Zones; New York Marine Inspection and Captain of the Port Zone Coast Guard, DHS. Advance notice of proposed rulemaking; reopening of comment period. AGENCY: ACTION: The Coast Guard is reopening the comment period for the Advance notice of proposed rulemaking (ANPRM) it published on November 3, 2016, regarding the modification of the security zone between Liberty State Park and Ellis Island. In response to public requests, the Coast Guard is extending the comment period until April 17, 2017. DATES: Comments and related material must be received by the Coast Guard on or before April 17, 2017. ADDRESSES: You may submit comments identified by docket number USCG– 2016–0799 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 on this document, call or email MST1 Kristina Pundt, Waterways Management at U.S. Coast Guard Sector New York, telephone (718) 354–4352, email Kristina.H.Pundt@ uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: Table of Acronyms ANPRM Advance notice of proposed rulemaking DHS Department of Homeland Security FR Federal Register A. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and E:\FR\FM\14FEP1.SGM 14FEP1

Agencies

[Federal Register Volume 82, Number 29 (Tuesday, February 14, 2017)]
[Proposed Rules]
[Pages 10555-10558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02957]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-1086]
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 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 April 29, 2017. In 
the case of inclement weather, the paddling event is scheduled for 
April 30, 2017. This proposed rulemaking would prohibit persons and 
vessels from being in the regulated area

[[Page 10556]]

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 March 16, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-1086 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 
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
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 December 13, 2016, ABC Events, Inc. of Arnold, MD notified the 
Coast Guard that it will be conducting the Bay Bridge Paddle from 7:30 
a.m. to 12:30 p.m. on April 29, 2017. Details of the proposed event 
were provided to the Coast Guard on January 11, 2017. The second annual 
kayak and stand up paddle board event will be used to both showcase the 
water sport for intermediate and elite paddlers, and benefit the 
Annapolis Chapter of the Foundation for Community Betterment. The event 
includes up to 800 paddlers in two classes operating on two race 
courses in the Chesapeake Bay. The first course is adjacent to Sandy 
Point State Park at Annapolis, Maryland, and the second 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. 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 7:30 a.m. to 12:30 p.m. on April 30, 2017. 
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 p.m. on April 29, 2017, and, 
if necessary due to inclement weather, from 7 a.m. to 1 p.m. on April 
30, 2017. 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 noon paddle 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 executive orders (E.O.s) related to rulemaking. Below we summarize 
our analyses based on a number of these statutes and E.O.s, and we 
discuss First Amendment rights of protestors.

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. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. 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.
    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

[[Page 10557]]

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 
E.O. 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 above.

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 environmental analysis checklist 
and 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 proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    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 Web site'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.


[[Page 10558]]


    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.  100.501T05-1086 to read as follows:


Sec.  100.501T05-1086  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 
Datum NAD 1983.
    (b) Definitions. (1) Captain of the Port 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 Captain of 
the Port Maryland-National Capital Region or Coast Guard Patrol 
Commander. Prior to the enforcement period, to seek permission to 
transit, moor, or anchor within the area, the Captain of the Port 
Maryland-National Capital Region 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, moor, or 
anchor within 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 a.m. 
to 1 p.m. on April 29, 2017, and, if necessary due to inclement 
weather, from 7 a.m. to 1 p.m. on April 30, 2017.

    Dated: January 25, 2017.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2017-02957 Filed 2-13-17; 8:45 am]
 BILLING CODE 9110-04-P