Special Local Regulation; Chesapeake Bay, Between Sandy Point and Kent Island, MD, 12099-12102 [2019-06204]
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Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Rules and Regulations
governments, nor will it affect private
sector costs.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Chapter 6)
Because notice of proposed
rulemaking and opportunity for
comment are not required pursuant to 5
U.S.C. 553, or any other law, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601,
et seq.) are inapplicable. Therefore, a
regulatory flexibility analysis is not
required and has not been prepared.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
The Department of Defense
determined that provisions of the
Paperwork Reduction Act of 1995,
Public Law 104–13, 44 U.S.C. Chapter
35, and its implementing regulations, 5
CFR part 1320, do not apply to this rule
because there are no new or revised
recordkeeping or reporting
requirements.
Accordingly, 32 CFR part 269 is
amended as follows.
Executive Order 13132, ‘‘Federalism’’
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a rule
that imposes substantial direct
requirement costs on State and local
governments, preempts State law, or
otherwise has Federalism implications.
This final rule will not have a
substantial effect on State and local
governments.
■
List of Subjects in 32 CFR Part 269
Administrative practice and
procedure, Penalties.
PART 269—[AMENDED]
1. The authority citation for part 269
continues to read as follows:
Authority: 28 U.S.C. 2461 note.
2. In § 269.4, revise paragraph (d) to
read as follows:
■
§ 269.4 Cost of living adjustments of civil
monetary penalties.
*
*
*
*
*
(d) Inflation adjustment. Maximum
civil monetary penalties within the
jurisdiction of the Department are
adjusted for inflation as follows:
Maximum
penalty
amount as
of 01/15/18
United States Code
Civil monetary penalty
description
National Defense Authorization Act for FY 2005, 10
U.S.C 113, note.
10 U.S.C. 1094(c)(1) ....................................................
10 U.S.C. 1102(k) .........................................................
Unauthorized Activities Directed at or Possession of
Sunken Military Craft.
Unlawful Provision of Health Care ...............................
Wrongful Disclosure—Medical Records:
First Offense ..........................................................
Subsequent Offense ..............................................
Violation of the Pentagon Reservation Operation and
Parking of Motor Vehicles Rules and Regulations.
Violation Involving False Claim ....................................
Violation Involving False Statement .............................
10 U.S.C. 2674(c)(2) ....................................................
31 U.S.C. 3802(a)(1) ....................................................
31 U.S.C. 3802(a)(2) ....................................................
Dated: March 26, 2019.
Shelly E. Finke,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
Kent Island, Queen Anne’s County, MD,
on June 1, 2019, during a paddling
event. This regulation prohibits persons
and vessels from being in the regulated
area unless authorized by the Captain of
the Port Maryland-National Capital
Region or Coast Guard Patrol
Commander.
[FR Doc. 2019–06164 Filed 3–29–19; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
This rule is effective from 7 a.m.
on June 1, 2019, until 1 p.m. on June 2,
2019. This rule will be enforced from 7
a.m. until 1 p.m. on June 1, 2019, or
those same hours on June 2, 2019, in
case of inclement weather.
DATES:
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–1102]
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 temporary special local
regulations for certain navigable waters
of the Chesapeake Bay. This action is
necessary to provide for the safety of life
on these waters located between Sandy
Point, Anne Arundel County, MD, and
SUMMARY:
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To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
1102 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
RIN 1625–AA08
If
you have questions on this rule, 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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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New adjusted
maximum
penalty
amount
$129,211
$132,470
11,346
11,632
6,709
44,726
1,848
6,878
45,854
1,895
11,181
11,181
11,463
11,463
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On December 7, 2018, ABC Events,
Inc. of Arnold, MD, notified the Coast
Guard through submission of a marine
event application that from 8 a.m. to
noon on June 1, 2019, it will be
conducting the Bay Bridge Paddle in the
Chesapeake Bay, under and between the
north and south bridges that consist of
the William P. Lane, Jr. (US–50/301)
Memorial Bridges, located between
Sandy Point, Anne Arundel County,
MD, and Kent Island, Queen Anne’s
County, MD. In the case of inclement
weather, the kayak and stand up paddle
board racing event is scheduled from 8
a.m. to noon on June 2, 2019. In
response, on February 15, 2019, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
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‘‘Special Local Regulation; Chesapeake
Bay, Between Sandy Point and Kent
Island, MD’’ (84 FR 4390). 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 18, 2019, we received no
comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
Captain of the Port Maryland-National
Capital Region (COTP) has determined
that potential hazards associated with
the paddle race will be a safety concern
for anyone intending to operate in or
near the race area. The purpose of this
rule is to protect event participants,
spectators, and transiting vessels on
specified 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 no
comments on our NPRM published
February 15, 2019. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a special local
regulation to be enforced from 7 a.m. to
1 p.m. on June 1, 2019, and, if necessary
due to inclement weather, from 7 a.m.
to 1 p.m. on June 2, 2019. The regulated
area will cover all navigable waters of
the Chesapeake Bay, adjacent to the
shoreline at Sandy Point State Park and
between and adjacent to the spans of the
William P. Lane Jr. Memorial Bridges,
from shoreline to shoreline, bounded to
the north by a line drawn from the
western shoreline at latitude
39°01′05.23″ N, longitude 076°23′47.93″
W; thence eastward to latitude
39°01′02.08″ N, longitude 076°22′40.24″
W; thence southeastward 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 special local
regulations and size of the regulated
area are intended to ensure the safety of
life on these navigable waters before,
during, and after paddle races,
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scheduled from 8 a.m. until noon on
June 1, 2019 (rain date of June 2, 2019).
Except for participants and vessels
already at berth, a vessel or person will
be required to get permission from the
COTP or PATCOM before entering the
regulated area. Vessel operators can
request permission to enter and transit
through the regulated area by contacting
the PATCOM on VHF–FM channel 16.
Vessel traffic will be able to safely
transit the regulated area once the
PATCOM deems it safe to do so. A
person or vessel not registered with the
event sponsor as a participant or
assigned as Official Patrols would be
considered a spectator. Official Patrols
are any vessel assigned or approved by
the Commander, Coast Guard Sector
Maryland-National Capital Region with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign. If permission is granted
by the COTP or PATCOM, a person or
vessel will be allowed to enter the
regulated area or pass directly through
the regulated area as instructed. Vessels
will be required to operate at a safe
speed that minimizes wake while
within the regulated area. Official Patrol
vessels will direct spectator vessels
while within the regulated area. Vessels
will be prohibited from loitering within
the navigable channel.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, duration and
location of the regulated area, which
will 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
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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 PATCOM deems
it safe to do so.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. 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 V.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
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Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, 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. The temporary
regulated area will be enforced for
approximately six hours during the
paddle race. It is categorically excluded
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from further review under paragraph
L61 of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Memorandum For Record for
Categorically Excluded Actions
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.501T05–1102 to read as
follows:
■
§ 100.501T05–1102 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′40.24″ W; thence southeastward
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,
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MD. All coordinates reference North
American Datum 83 (NAD 1983)
(b) Definitions. As used in this
section:
Captain of the Port (COTP) MarylandNational Capital Region means the
Commander, U.S. Coast Guard Sector
Maryland-National Capital Region or
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the COTP to act on the COTP’s
behalf.
Coast Guard Patrol Commander
(PATCOM) means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Maryland-National Capital Region.
Official Patrol means a vessel
assigned or approved by the
Commander, Coast Guard Sector
Maryland-National Capital Region with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
Participant means a person or vessel
registered with the event sponsor as
participating in the Bay Bridge Paddle
event or otherwise designated by the
event sponsor as having a function tied
to the event.
Spectator means a person or vessel
not registered with the event sponsor as
a participant or assigned as an official
patrol.
(c) Special local regulations. (1) The
COTP Maryland-National Capital
Region or PATCOM 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 must
immediately comply with the directions
given by the patrol. Failure to do so may
result in the Coast Guard expelling the
person or vessel from the area, issuing
a citation for failure to comply, or both.
The COTP Maryland-National Capital
Region or PATCOM may terminate the
event, or a participant’s operations at
any time the COTP Maryland-National
Capital Region or PATCOM believes it
necessary to do so for the protection of
life or property.
(2) Except for participants and vessels
already at berth, a person or vessel
within the regulated area at the start of
enforcement of this section must
immediately depart the regulated area.
(3) A spectator must contact the
PATCOM to request permission to
either enter or pass through the
regulated area. The PATCOM, 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). If permission is granted, the
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spectator may enter the regulated area or
pass directly through the regulated area
as instructed by PATCOM. A vessel
within the regulated area must operate
at a safe speed that minimizes wake. A
spectator vessel must not loiter within
the navigable channel while within the
regulated area.
(4) A person or vessel that desires to
transit, moor, or anchor within the
regulated area must first obtain
authorization from the COTP MarylandNational Capital Region or PATCOM. A
person or vessel seeking such
permission can contact the COTP
Maryland-National Capital Region at
telephone number 410–576–2693 or on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz) or the PATCOM on
Marine Band Radio, VHF–FM channel
16 (156.8 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 June 1, 2019, and, if necessary due
to inclement weather, from 7 a.m. to 1
p.m. on June 2, 2019.
Dated: March 27, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2019–06204 Filed 3–29–19; 8:45 am]
BILLING CODE 9110–04–P
Coast Guard
33 CFR Part 105
[Docket No. USCG–2013–1087]
RIN 1625–AC15
Seafarers’ Access to Maritime
Facilities
Coast Guard, DHS.
Final rule.
AGENCY:
The Coast Guard is issuing a
final rule requiring each owner or
operator of a maritime facility regulated
by the Coast Guard to implement a
system providing seafarers, pilots, and
representatives of seamen’s welfare and
labor organizations access between
vessels moored at the facility and the
facility gate, in a timely manner and at
no cost to the seafarer or other
individuals. These access procedures
must be documented in the Facility
Security Plan for each facility, and
SUMMARY:
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Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose
III. Regulatory History
IV. Discussion of Comments and Changes
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
DEPARTMENT OF HOMELAND
SECURITY
ACTION:
approved by the local Captain of the
Port. This final rule, which implements
a congressional mandate, ensures that
no facility owner or operator denies or
makes it impractical for seafarers or
other individuals to transit through the
facility.
DATES: This final rule is effective May 1,
2019.
ADDRESSES: You may view
supplemental material identified by
docket number USCG–2013–1087 using
the Federal eRulemaking Portal at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
information about this document, call or
email LCDR Myles J. Greenway, Cargo
and Facilities Division (CG–FAC–2),
Coast Guard; telephone 202–372–1168,
email Myles.J.Greenway@uscg.mil.
SUPPLEMENTARY INFORMATION:
ASP Alternate Security Program
ATB Articulated tug barge
BLS U.S. Bureau of Labor Statistics
CBP U.S. Customs and Border Protection
CFR Code of Federal Regulations
CGAA Coast Guard Authorization Act of
2010
COTP Captain of the Port
DHS Department of Homeland Security
DoS Declaration of Security
FR Federal Register
FRFA Final Regulatory Flexibility Analysis
FSO Facility security officer
FSP Facility security plan
ISPS Code International Ship and Port
Facility Security Code
ITB Integrated tug barge
MISLE Marine Information for Safety and
Law Enforcement
MTSA Maritime Transportation Security
Act of 2002
NAICS North American Industry
Classification System
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
RA Regulatory analysis
§ Section symbol
SBA Small Business Administration
SCI Seamen’s Church Institute
SME Subject matter expert
PO 00000
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TWIC Transportation Worker Identification
Credential
U.S.C. United States Code
II. Basis and Purpose
Throughout the maritime sector,
vessels arrive at facilities regulated by
the Maritime Transportation Security
Act of 2002 (MTSA) (Pub. L. 107–295,
codified at 46 U.S.C. 70101 et seq.) for
any number of commercial and other
purposes. These vessels are operated by
seafarers,1 who are individuals assigned
to work on a vessel and who may be at
sea for days, weeks, or months as part
of their employment on that vessel.
Generally, transiting through a MTSAregulated facility is the only way for
seafarers to access the shore, and the
services, businesses, family members,
and friends, among other things, beyond
the vessel and the facility. Additionally,
individuals providing services for
seafarers, or having another legitimate
purpose for accessing the vessel, can
generally access a vessel moored at an
MTSA-regulated facility only by
transiting through the facility.
Section 811 of the Coast Guard
Authorization Act of 2010 (CGAA) (Pub.
L. 111–281, codified at 46 U.S.C. 70103
note) requires facility owners and
operators to ensure shore access for
seafarers and other individuals.
Specifically, section 811 requires each
MTSA-regulated facility to ‘‘provide a
system for seamen assigned to a vessel
at that facility, pilots, and
representatives of seamen’s welfare and
labor organizations to board and depart
the vessel through the facility in a
timely manner at no cost to the
individual.’’
In addition, MTSA-regulated facilities
must implement national maritime
security initiatives, including the
provision of security measures for
access control. Coast Guard accesscontrol regulations in title 33 of the
Code of Federal Regulations (CFR),
§ 105.255, require MTSA-regulated
facilities to control an individual’s
access to the facility and designate
secure areas within the facility, unless
the individual is either authorized to
access that area or is escorted by
someone who is authorized to access
that area. Accordingly, facility owners
and operators must consider the
security implications of permitting
seafarers and other individuals to transit
through their facilities. Coast Guard
regulations at 33 CFR 105.200(b)(9)
require MTSA-regulated facilities to
ensure coordination of shore leave for
1 The terms ‘‘seafarer’’ and ‘‘seaman’’ are
synonymous (as are their plural forms, ‘‘seafarers’’
and ‘‘seamen’’), and are used interchangeably in
this final rule.
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]]>Agencies
[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Rules and Regulations]
[Pages 12099-12102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06204]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-1102]
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 temporary special local
regulations for certain navigable waters of the Chesapeake Bay. This
action is necessary to provide for the safety of life on these waters
located between Sandy Point, Anne Arundel County, MD, and Kent Island,
Queen Anne's County, MD, on June 1, 2019, during a paddling event. This
regulation prohibits persons and vessels from being in 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 June 1, 2019, until 1 p.m.
on June 2, 2019. This rule will be enforced from 7 a.m. until 1 p.m. on
June 1, 2019, or those same hours on June 2, 2019, in case of inclement
weather.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1102 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; telephone 410-576-2674, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On December 7, 2018, ABC Events, Inc. of Arnold, MD, notified the
Coast Guard through submission of a marine event application that from
8 a.m. to noon on June 1, 2019, it will be conducting the Bay Bridge
Paddle in the Chesapeake Bay, under and between the north and south
bridges that consist of the William P. Lane, Jr. (US-50/301) Memorial
Bridges, located between Sandy Point, Anne Arundel County, MD, and Kent
Island, Queen Anne's County, MD. In the case of inclement weather, the
kayak and stand up paddle board racing event is scheduled from 8 a.m.
to noon on June 2, 2019. In response, on February 15, 2019, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled
[[Page 12100]]
``Special Local Regulation; Chesapeake Bay, Between Sandy Point and
Kent Island, MD'' (84 FR 4390). 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 18, 2019, we
received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Maryland-National Capital Region (COTP)
has determined that potential hazards associated with the paddle race
will be a safety concern for anyone intending to operate in or near the
race area. The purpose of this rule is to protect event participants,
spectators, and transiting vessels on specified 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 no comments on our NPRM published
February 15, 2019. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a special local regulation to be enforced
from 7 a.m. to 1 p.m. on June 1, 2019, and, if necessary due to
inclement weather, from 7 a.m. to 1 p.m. on June 2, 2019. The regulated
area will cover all navigable waters of the Chesapeake Bay, adjacent to
the shoreline at Sandy Point State Park and between and adjacent to the
spans of the William P. Lane Jr. Memorial Bridges, from shoreline to
shoreline, bounded to the north by a line drawn from the western
shoreline at latitude 39[deg]01'05.23'' N, longitude 076[deg]23'47.93''
W; thence eastward to latitude 39[deg]01'02.08'' N, longitude
076[deg]22'40.24'' W; thence southeastward to eastern shoreline at
latitude 38[deg]59'13.70'' N, longitude 076[deg]19'58.40'' W; and
bounded to the south by a line drawn parallel and 500 yards south of
the south bridge span that originates from the western shoreline at
latitude 39[deg]00'17.08'' N, longitude 076[deg]24'28.36'' W; thence
southward to latitude 38[deg]59'38.36'' N, longitude 076[deg]23'59.67''
W; thence eastward to latitude 38[deg]59'26.93'' N, longitude
076[deg]23'25.53'' W; thence eastward to the eastern shoreline at
latitude 38[deg]58'40.32'' N, longitude 076[deg]20'10.45'' W, located
between Sandy Point and Kent Island, MD. The duration of the special
local regulations and size of the regulated area are intended to ensure
the safety of life on these navigable waters before, during, and after
paddle races, scheduled from 8 a.m. until noon on June 1, 2019 (rain
date of June 2, 2019). Except for participants and vessels already at
berth, a vessel or person will be required to get permission from the
COTP or PATCOM before entering the regulated area. Vessel operators can
request permission to enter and transit through the regulated area by
contacting the PATCOM on VHF-FM channel 16. Vessel traffic will be able
to safely transit the regulated area once the PATCOM deems it safe to
do so. A person or vessel not registered with the event sponsor as a
participant or assigned as Official Patrols would be considered a
spectator. Official Patrols are any vessel assigned or approved by the
Commander, Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign. If permission is granted by the COTP or PATCOM, a person
or vessel will be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels will be required to
operate at a safe speed that minimizes wake while within the regulated
area. Official Patrol vessels will direct spectator vessels while
within the regulated area. Vessels will be prohibited from loitering
within the navigable channel.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size, duration
and location of the regulated area, which will 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 PATCOM
deems it safe to do so.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. 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
V.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
[[Page 12101]]
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive
Order13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, 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.
The temporary regulated area will be enforced for approximately six
hours during the paddle race. It is categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A Memorandum For Record for
Categorically Excluded Actions supporting this determination is
available in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. [thinsp]100.501T05-1102 to read as follows:
Sec. 100.501T05-1102 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]22'40.24''
W; thence southeastward to eastern shoreline at latitude
38[deg]59'13.70'' N, longitude 076[deg]19'58.40'' W; and bounded to the
south by a line drawn parallel and 500 yards south of the south bridge
span that originates from the western shoreline at latitude
39[deg]00'17.08'' N, longitude 076[deg]24'28.36'' W; thence southward
to latitude 38[deg]59'38.36'' N, longitude 076[deg]23'59.67'' W; thence
eastward to latitude 38[deg]59'26.93'' N, longitude 076[deg]23'25.53''
W; thence eastward to the eastern shoreline at latitude
38[deg]58'40.32'' N, longitude 076[deg]20'10.45'' W, located between
Sandy Point and Kent Island, MD. All coordinates reference North
American Datum 83 (NAD 1983)
(b) Definitions. As used in this section:
Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on the COTP's behalf.
Coast Guard Patrol Commander (PATCOM) means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
Official Patrol means a vessel assigned or approved by the
Commander, Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
Participant means a person or vessel registered with the event
sponsor as participating in the Bay Bridge Paddle event or otherwise
designated by the event sponsor as having a function tied to the event.
Spectator means a person or vessel not registered with the event
sponsor as a participant or assigned as an official patrol.
(c) Special local regulations. (1) The COTP Maryland-National
Capital Region or PATCOM 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 must immediately comply with the directions given
by the patrol. Failure to do so may result in the Coast Guard expelling
the person or vessel from the area, issuing a citation for failure to
comply, or both. The COTP Maryland-National Capital Region or PATCOM
may terminate the event, or a participant's operations at any time the
COTP Maryland-National Capital Region or PATCOM believes it necessary
to do so for the protection of life or property.
(2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
(3) A spectator must contact the PATCOM to request permission to
either enter or pass through the regulated area. The PATCOM, 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). If permission is granted, the
[[Page 12102]]
spectator may enter the regulated area or pass directly through the
regulated area as instructed by PATCOM. A vessel within the regulated
area must operate at a safe speed that minimizes wake. A spectator
vessel must not loiter within the navigable channel while within the
regulated area.
(4) A person or vessel that desires to transit, moor, or anchor
within the regulated area must first obtain authorization from the COTP
Maryland-National Capital Region or PATCOM. A person or vessel seeking
such permission can contact the COTP Maryland-National Capital Region
at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 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 June 1, 2019, and, if necessary due to inclement weather,
from 7 a.m. to 1 p.m. on June 2, 2019.
Dated: March 27, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-06204 Filed 3-29-19; 8:45 am]
BILLING CODE 9110-04-P
