Special Local Regulation; Chesapeake Bay, Between Sandy Point and Kent Island, MD, 17557-17560 [2017-07376]
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Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Rules and Regulations
provided pursuant to Section 13(a) of
the Exchange Act. b
† The term ‘‘new or revised financial
accounting standard’’ refers to any
update issued by the Financial
Accounting Standards Board to its
Accounting Standards Codification after
April 5, 2012.
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B. Information To Be Filed on This
Form
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(c) Management’s annual report on
internal control over financial reporting.
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(4) If an issuer, other than an
emerging growth company, as defined
in Rule 12b–2 of the Exchange Act, a
statement that the registered public
accounting firm that audited the
financial statements included in the
annual report containing the disclosure
required by this Item has issued an
attestation report on management’s
assessment of the issuer’s internal
control over financial reporting.
(d) Attestation report of the registered
public accounting firm. Where the Form
is being used as an annual report filed
under Section 13(a) or 15(d) of the
Exchange Act, the issuer, other than an
emerging growth company, as defined
in Rule 12b–2 of the Exchange Act, must
provide the registered public accounting
firm’s attestation report on
management’s assessment of internal
control over financial reporting in the
annual report containing the disclosure
required by this Item.
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■ 32. Amend Form 8–K (referenced in
§ 249.308) by adding text and two check
boxes to the cover page immediately
before the General Instructions to read
as follows:
Note: The text of Form 8–K does not, and
this amendment will not, appear in the Code
of Federal Regulations.
UNITED STATES SECURITIES AND
EXCHANGE COMMISSION
Washington, DC 20549
FORM 8–K
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CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
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Indicate by check mark whether the
registrant is an emerging growth
company as defined in as defined in
Rule 405 of the Securities Act of 1933
(§ 230.405 of this chapter) or Rule 12b–
2 of the Securities Exchange Act of 1934
(§ 240.12b–2 of this chapter).
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Emerging growth company b
If an emerging growth company,
indicate by check mark if the registrant
has elected not to use the extended
transition period for complying with
any new or revised financial accounting
standards provided pursuant to Section
13(a) of the Exchange Act. b
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■ 33. Amend Form 10–Q (referenced in
§ 249.308a) by revising the text and
check boxes on the cover page
immediately before the text ‘‘Indicate by
check mark whether the registrant is a
shell company (as defined in Rule 12b–
2 of the Exchange Act).’’ to read as
follows:
Note: The text of Form 10–Q does not, and
this amendment will not, appear in the Code
of Federal Regulations.
UNITED STATES SECURITIES AND
EXCHANGE COMMISSION
Washington, DC 20549
FORM 10–Q
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Indicate by check mark whether the
registrant is a large accelerated filer, an
accelerated filer, a non-accelerated filer,
smaller reporting company, or an
emerging growth company. See the
definitions of ‘‘large accelerated filer,’’
‘‘accelerated filer,’’ ‘‘smaller reporting
company,’’ and ‘‘emerging growth
company’’ in Rule 12b–2 of the
Exchange Act.
Large accelerated filer b
Accelerated filer b
Non-accelerated filer b (Do not
check if a smaller reporting company)
Smaller reporting company b
Emerging growth company b
If an emerging growth company,
indicate by check mark if the registrant
has elected not to use the extended
transition period for complying with
any new or revised financial accounting
standards provided pursuant to Section
13(a) of the Exchange Act. b
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■ 34. Amend Form 10–K (referenced in
§ 249.310) by revising the text and check
boxes on the cover page immediately
before the text ‘‘Indicate by check mark
whether the registrant is a shell
company (as defined in Rule 12b–2 of
the Exchange Act).’’ to read as follows:
Note: The text of Form 10–K does not, and
this amendment will not, appear in the Code
of Federal Regulations.
UNITED STATES SECURITIES AND
EXCHANGE COMMISSION
Washington, DC 20549
FORM 10–K
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17557
Indicate by check mark whether the
registrant is a large accelerated filer, an
accelerated filer, a non-accelerated filer,
smaller reporting company, or an
emerging growth company. See the
definitions of ‘‘large accelerated filer,’’
‘‘accelerated filer,’’ ‘‘smaller reporting
company,’’ and ‘‘emerging growth
company’’ in Rule 12b–2 of the
Exchange Act.
Large accelerated filer b
Accelerated filer b
Non-accelerated filer b (Do not
check if a smaller reporting company)
Smaller reporting company b
Emerging growth company b
If an emerging growth company,
indicate by check mark if the registrant
has elected not to use the extended
transition period for complying with
any new or revised financial accounting
standards provided pursuant to Section
13(a) of the Exchange Act. b
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By the Commission.
Dated: March 31, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2017–06797 Filed 4–11–17; 8:45 am]
BILLING CODE 8011–01–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.
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 the 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. This
rulemaking will prohibit persons and
vessels from entering the regulated area
unless authorized by the Captain of the
Port Maryland-National Capital Region
or Coast Guard Patrol Commander.
DATES: This rule is effective from 7 a.m.
on April 29, 2017 through 1 p.m. on
April 30, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
SUMMARY:
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Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Rules and Regulations
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
1086 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 Maryland-National Capital
Region, 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
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
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. The event will
be located adjacent to Sandy Point State
Park at Annapolis, MD, and under and
between the north and south bridges
that comprise 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. On February 14,
2017, 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 (82 FR 10555). 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 16, 2017, we received 2
comments. No public meeting was
requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register, because allowing a 30-day
period with respect to this rule would
be impracticable due to the date of the
event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
COTP Maryland-National Capital
Region has determined that potential
hazards associated with the paddle race
on April 29, 2017 will be a safety
concern for anyone intending to operate
within certain waters of the Chesapeake
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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 the NPRM published on
February 14, 2017. There are no changes
in the regulatory text of this rule from
the text previously proposed in the
NPRM.
Comments were received from the
Baltimore Port Alliance Executive
Steering Committee, they stated that the
proposed regulated area for this event
would block commercial vessel 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 ship schedules.
Additionally, the committee
recommended re-routing the paddle
race course in a manner that would 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, sufficient notice has been
provided for persons to schedule,
coordinate and adjust their ship
schedules. The Coast Guard will work
with the port stakeholders to carefully
monitor potential impacts to
commercial vessel movements in the
vicinity of the marine event area. It is
impractical to conduct the events
concurrently; as the two marine events
are significantly different. The safety of
paddlecraft participants and swimmers
both numbering in the hundreds would
be negatively impacted by occupying
the same navigable waters. The event
schedule for the Great Chesapeake Bay
Swim is dependent upon tidal current
predictions; the possibility exists,
should both events be conducted on the
same day, waterway restrictions would
last for a significantly longer period of
time having a greater impact on
waterway users.
Comments were received from an
amateur paddler, supporting the manner
the proposed regulation for this event
would be enforced. The paddler
indicated the regulation showed
prudent judgment and was carefully
considered by the Coast Guard, would
enhance safety to event participants
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while minimizing restrictions on
mariners and would allow continued
recreational access to the Chesapeake
Bay by the public.
The Coast Guard strives to ensure
equitable use of federal waterways like
the Chesapeake Bay. During this event
the Coast Guard will only enforce the
regulated area during the enforcement
period.
This rule establishes 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
will include 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. 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 7:30
a.m. and last until 12:30 p.m. Except for
Bay Bridge Paddle participants, no
vessel or person will be permitted to
enter the regulated area without
obtaining permission from the COTP
Maryland-National Capital Region or
designated Coast Guard Patrol
Commander.
V. Regulatory Analyses
We developed this 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.
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A. Regulatory Planning and Review
E.O.s 12866 (‘‘Regulatory Planning
and Review’’) and 13563 (‘‘Improving
Regulation and Regulatory Review’’)
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
including potential economic,
environmental, public health and safety
effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance
of quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 13771 (‘‘Reducing Regulation and
Controlling Regulatory Costs’’), directs
agencies to reduce regulation and
control regulatory costs and provides
that ‘‘for every one new regulation
issued, at least two prior regulations be
identified for elimination, and that the
cost of planned regulations be prudently
managed and controlled through a
budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, the Office of Management
and Budget (OMB) has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017 titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017).
This regulatory action determination
is based on the size and duration of the
regulated area, which would impact a
small designated area of the Chesapeake
Bay for 6 hours. The Coast Guard will
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
status of the regulated area. Moreover,
the rule will allow vessels to seek
permission to enter the regulated area,
and vessel traffic will be able to safely
transit the regulated area once the COTP
or designated Coast Guard Patrol
Commander deems it safe to do so.
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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.
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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 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 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 rule does not have tribal
implications under E.O. 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
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17559
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 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. 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
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section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
INFORMATION CONTACT
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 § 100.501T05–1086 to read as
follows:
■
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§ 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
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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
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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: April 7, 2017.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2017–07376 Filed 4–11–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0018]
Drawbridge Operation Regulation; Gulf
Intracoastal Waterway, Belle Chasse,
Louisiana
Coast Guard, DHS.
Notice of deviation from
drawbridge regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the State Route 23
Bridge across the Gulf Intracoastal
Waterway (Algiers Alternate Route),
mile 3.8, at Belle Chasse, Plaquemines
Parish, Louisiana. The deviation is
necessary to facilitate movement of
vehicular traffic for the 2017 New
Orleans Air Show to be held at the U.S.
Naval Air Station, Joint Reserve Base at
Belle Chasse, Louisiana. This deviation
allows the bridge to remain in the
closed-to-navigation position for several
hours on two afternoons to
accommodate the additional volume of
vehicular traffic following the event.
DATES: This temporary deviation is
effective from 4 p.m. on Saturday, April
22, 2017 through 6:30 p.m. on Sunday,
April 23, 2017.
ADDRESSES: The docket for this
deviation, [USCG–2017–0018] 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 Giselle
MacDonald, Bridge Administration
Branch, Coast Guard, telephone 504–
671–2128, email Giselle.T.MacDonald@
uscg.mil.
SUMMARY:
E:\FR\FM\12APR1.SGM
12APR1
]]>Agencies
[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Rules and Regulations]
[Pages 17557-17560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07376]
=======================================================================
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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: 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 the 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. This rulemaking
will prohibit persons and vessels from entering the regulated area
unless authorized by the Captain of the Port Maryland-National Capital
Region or Coast Guard Patrol Commander.
DATES: This rule is effective from 7 a.m. on April 29, 2017 through 1
p.m. on April 30, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
[[Page 17558]]
available in the docket, go to https://www.regulations.gov, type USCG-
2016-1086 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 Maryland-
National Capital Region, 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
II. Background Information and Regulatory History
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. The event will be located
adjacent to Sandy Point State Park at Annapolis, MD, and under and
between the north and south bridges that comprise 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. On
February 14, 2017, 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 (82
FR 10555). 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 16, 2017, we received 2 comments.
No public meeting was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register, because allowing a 30-day period
with respect to this rule would be impracticable due to the date of the
event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The COTP Maryland-National Capital Region has determined that
potential hazards associated with the paddle race on April 29, 2017
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 the NPRM published on
February 14, 2017. There are no changes in the regulatory text of this
rule from the text previously proposed in the NPRM.
Comments were received from the Baltimore Port Alliance Executive
Steering Committee, they stated that the proposed regulated area for
this event would block commercial vessel 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 ship schedules.
Additionally, the committee recommended re-routing the paddle race
course in a manner that would 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, sufficient
notice has been provided for persons to schedule, coordinate and adjust
their ship schedules. The Coast Guard will work with the port
stakeholders to carefully monitor potential impacts to commercial
vessel movements in the vicinity of the marine event area. It is
impractical to conduct the events concurrently; as the two marine
events are significantly different. The safety of paddlecraft
participants and swimmers both numbering in the hundreds would be
negatively impacted by occupying the same navigable waters. The event
schedule for the Great Chesapeake Bay Swim is dependent upon tidal
current predictions; the possibility exists, should both events be
conducted on the same day, waterway restrictions would last for a
significantly longer period of time having a greater impact on waterway
users.
Comments were received from an amateur paddler, supporting the
manner the proposed regulation for this event would be enforced. The
paddler indicated the regulation showed prudent judgment and was
carefully considered by the Coast Guard, would enhance safety to event
participants while minimizing restrictions on mariners and would allow
continued recreational access to the Chesapeake Bay by the public.
The Coast Guard strives to ensure equitable use of federal
waterways like the Chesapeake Bay. During this event the Coast Guard
will only enforce the regulated area during the enforcement period.
This rule establishes 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 will
include 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 event,
currently scheduled to being at 7:30 a.m. and last until 12:30 p.m.
Except for Bay Bridge Paddle participants, no vessel or person will be
permitted to enter the regulated area without obtaining permission from
the COTP Maryland-National Capital Region or designated Coast Guard
Patrol Commander.
V. Regulatory Analyses
We developed this 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.
[[Page 17559]]
A. Regulatory Planning and Review
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it.
As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
This regulatory action determination is based on the size and
duration of the regulated area, which would impact a small designated
area of the Chesapeake Bay for 6 hours. The Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
status of the regulated area. Moreover, the rule will allow vessels to
seek permission to enter the regulated area, and vessel traffic will be
able to safely transit the regulated area once the COTP or designated
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 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 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 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 rule does not have tribal implications under E.O. 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 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. 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
[[Page 17560]]
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 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: April 7, 2017.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2017-07376 Filed 4-11-17; 8:45 am]
BILLING CODE 9110-04-P
