Special Local Regulation; Chesapeake Bay, Between Sandy Point and Kent Island, MD, 33592-33595 [2020-11853]
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Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Proposed Rules
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
ASW AR E5 Harrison, AR
Boone County Airport, AR
(Lat. 36°15′41″ N, long. 93°09′17″ W)
That airspace extending upward from 700
feet above the surface within a 6.8-mile
radius of Boone County Airport and within
4-miles each side of the 183° bearing from the
airport extending form the 6.8-mile radius to
11.7 miles south of the airport.
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
[FR Doc. 2020–11524 Filed 6–1–20; 8:45 am]
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.11D,
Airspace Designations and Reporting
Points, dated August 8, 2019, and
effective September 15, 2019, is
amended as follows:
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■
Paragraph 6002
Class E Surface Airspace.
*
*
*
*
*
ASW AR E2 Harrison, AR
Boone County Airport, AR
(Lat. 36°15′41″ N, long. 93°09′17″ W)
That airspace within a 4.3-mile radius of
Boone County Airport. This Class E airspace
area is effective during the specific dates and
times established in advance by a Notice to
Airmen. The effective date and time will
thereafter be continuously published in the
Chart Supplement.
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
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*
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Issued in College Park, Georgia, on May 22,
2020.
Andreese C. Davis,
Manager, Airspace & Procedures Team South,
Eastern Service Center, Air Traffic
Organization.
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2020–0148]
RIN 1625–AA08
Special Local Regulation; Chesapeake
Bay, Between Sandy Point and Kent
Island, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish special local regulations for
certain waters of the Chesapeake Bay.
This action is necessary to provide for
the safety of life on these navigable
waters located between Sandy Point,
Anne Arundel County, MD, and Kent
Island, Queen Anne’s County, MD,
during a paddling event on September
27, 2020. This proposed rulemaking
would prohibit persons and vessels
from entering the regulated area unless
authorized by the Captain of the Port
Maryland-National Capital Region or the
Coast Guard Patrol Commander. We
invite your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 2, 2020
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0148 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
FOR FURTHER INFORMATION CONTACT:
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rulemaking, call or email Mr. Ron
Houck, U.S. Coast Guard Sector
Maryland-National Capital Region;
telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
ABC Events, Inc. of Arnold, MD, has
notified the Coast Guard that it will be
conducting the Bay Bridge Paddle from
8 a.m. to 12:30 p.m. on September 27,
2020. The fifth annual canoe, kayak and
stand up paddle board event for elite
and intermediate paddlers includes up
to 500 paddlers in two classes operating
on two race courses 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. The
first course, for elite paddlers, is a 9statute mile/14.5-kilometer race course
that starts at the east beach area of
Sandy Point State Park at Annapolis,
MD, proceeds southerly along the
shoreline to a point on the course
located between north bridge piers 13
and 13A, then easterly along and
between the bridges toward the eastern
shore at Kent Island and turns around
upon reaching a point near Kent Island,
then proceeds westerly along and
between the bridges toward the western
shore, turns upon reaching a point on
the course located between north bridge
piers 24 and 25, proceeds northerly to
the Sandy Point Shoal Lighthouse, and
proceeds westerly to a finish at the east
beach area of Sandy Point State Park.
The second course, for intermediate
paddlers, is a 3.1-statute mile/5kilometer course that starts at the east
beach area of Sandy Point State Park at
Annapolis, MD, and follows the elite
paddlers to the north bridge, then
easterly along and between the bridges
toward the eastern shore at Kent Island
and turns northerly upon reaching a
point on the course located between
north bridge piers 24 and 25, and
proceeds to a finish at the east beach
area of Sandy Point State Park. Hazards
from the paddle races include numerous
event participants crossing designated
navigation channels and interfering
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with vessels intending to operate within
those channels, as well as operating
within approaches to the Sandy Point
State Park public boat launch facility
and marina. The Captain of the Port
(COTP) Maryland-National Capital
Region has determined that potential
hazards associated with the paddle
races would be a safety concern for
anyone intending to participate in this
event or for vessels that operate within
specified waters of the Chesapeake Bay
between Sandy Point and Kent Island,
MD.
The purpose of this rulemaking is to
protect event participants, nonparticipants and transiting vessels on
certain waters of the Chesapeake Bay
before, during, and after the scheduled
event. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP Maryland-National Capital
Region is proposing to establish special
local regulations from 7 a.m. on
September 27, 2020. The special local
regulations would be enforced from 7
a.m. to 1:30 p.m. on September 27,
2020. The regulated area would cover
all navigable waters of the Chesapeake
Bay, adjacent to the shoreline at Sandy
Point State Park and between and
adjacent to the spans of the William P.
Lane Jr. Memorial Bridges, from
shoreline to shoreline, bounded to the
north by a line drawn from the western
shoreline at latitude 39°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 proposed special local
regulations duration and size of the
regulated area are intended to ensure
the safety of life on these navigable
waters before, during, and after the
paddle races, scheduled from 8 a.m. to
12:30 p.m. on September 27, 2020. The
COTP and the Coast Guard Patrol
Commander (PATCOM) would have the
authority to forbid and control the
movement of all vessels and persons,
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including event participants, in the
regulated area.
Except for Bay Bridge Paddle
participants and vessels already at
berth, a vessel or person would 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 would 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 non-participant. 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 would
be allowed to enter the regulated area or
pass directly through the regulated area
as instructed. Vessels would be required
to operate at a safe speed that minimizes
wake while within the regulated area.
Official patrol vessels will direct nonparticipants while within the regulated
area. Vessels would be prohibited from
loitering within the navigable channel.
Only participant vessels and official
patrol vessels would be allowed to enter
the paddle races area.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders 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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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.
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This regulatory action determination
is based on size and duration of the
regulated area, which would impact a
small designated area of the Chesapeake
Bay for 6.5 hours. The Coast Guard
would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the status of the regulated area.
Moreover, the rule would allow vessels
to seek permission to enter the regulated
area, and vessel traffic would be able to
safely transit the regulated area once the
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 certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
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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 proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves implementation of
regulations within 33 CFR part 100
applicable to organized marine events
on the navigable waters of the United
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18:29 Jun 01, 2020
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States that could negatively impact the
safety of waterway users and shore side
activities in the event area lasting for 6.5
hours. Normally such actions are
categorically excluded from further
review under paragraph L[61] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. Protest Activities
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
submissions in response to this docket,
see DHS’s Correspondence System of
Records notice (84 FR 48645, September
26, 2018).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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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–
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.
PO 00000
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 is proposing
to amend 33 CFR part 100 as follows:
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1.
2. Add § 100.T05–0148 to read as
follows:
■
§ 100.T05–0148 Bay Bridge Paddle,
Chesapeake Bay, Between Sandy Point and
Kent Island, MD.
(a) Regulated area. The regulations in
this section apply to the following 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, MD. These
coordinates are based on datum 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 his 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 any vessel
assigned or approved by Commander,
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Coast Guard Sector Maryland-National
Capital Region with a commissioned,
warrant, or petty officer on board and
displaying a Coast Guard ensign.
Participant means all persons and
vessels registered with the event
sponsor as participating in the Bay
Bridge Paddle or otherwise designated
by the event sponsor as having a
function tied to the event.
(c) Regulations. (1) Except for vessels
already at berth, all non-participants are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area described in
paragraph (a) of this section unless
authorized by the COTP MarylandNational Capital Region or PATCOM.
(2) To seek permission to enter,
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). Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP
Maryland-National Capital Region or
PATCOM.
(3) The COTP Maryland-National
Capital Region will provide notice of the
regulated area through advanced notice
via Fifth Coast Guard District Local
Notice to Mariners, broadcast notice to
mariners, and on-scene official patrols.
(d) Enforcement officials. The Coast
Guard may be assisted with marine
event patrol and enforcement of the
regulated area by other Federal, State,
and local agencies.
(e) Enforcement period. This section
will be enforced from 7 a.m. to 1:30 p.m.
on September 27, 2020.
ACTION:
Dated: May 18, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
DATES:
[FR Doc. 2020–11853 Filed 6–1–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Part 153
[CMS–9913–P]
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RIN 0938–AU23
Amendments to the HHS-Operated
Risk Adjustment Data Validation Under
the Patient Protection and Affordable
Care Act’s HHS-Operated Risk
Adjustment Program
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
AGENCY:
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Proposed rule.
This rule proposes to adopt
certain changes to the risk adjustment
data validation error estimation
methodology starting with the 2019
benefit year and beyond for states where
the Department of Health and Human
Services (HHS) operates the risk
adjustment program. The Patient
Protection and Affordable Care Act
(PPACA) established a permanent risk
adjustment program under which
payments are made to health insurance
issuers that attract higher-than-average
risk populations funded by payments
from health insurance issuers that
attract lower-than-average risk
populations. To ensure the integrity of
the HHS-operated risk adjustment
program, CMS, on behalf of HHS,
performs risk adjustment data
validation, also known as HHS–RADV,
to validate the accuracy of data
submitted by issuers for the purposes of
risk adjustment transfer calculations.
Based on lessons learned from the first
payment year of HHS–RADV, this rule
proposes changes to the HHS–RADV
error estimation methodology, which is
used to calculate adjusted risk scores
and risk adjustment transfers, beginning
with the 2019 benefit year of HHS–
RADV. This rule also proposes to
change the benefit year to which HHS–
RADV adjustments to risk scores and
risk adjustment transfers would be
applied starting with 2021 benefit year
HHS–RADV. These proposals seek to
further the integrity of the HHS–RADV
program, address stakeholder feedback,
promote fairness, and improve the
predictability of HHS–RADV
adjustments.
SUMMARY:
To be assured consideration,
comments must be received at one of
the addresses provided below, no later
than 5 p.m. on July 2, 2020.
ADDRESSES: In commenting, please refer
to file code CMS–9913–P. Because of
staff and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
Comments, including mass comment
submissions, must be submitted in one
of the following three ways (please
choose only one of the ways listed):
1. Electronically. You may submit
electronic comments on this regulation
to https://www.regulations.gov. Follow
the ‘‘Submit a comment’’ instructions.
2. By regular mail. You may mail
written comments to the following
address ONLY: Centers for Medicare &
Medicaid Services, Department of
Health and Human Services, Attention:
CMS–9913–P, P.O. Box 8010, Baltimore,
MD 21244–8010.
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33595
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
3. By express or overnight mail. You
may send written comments to the
following address ONLY: Centers for
Medicare & Medicaid Services,
Department of Health and Human
Services, Attention: CMS–9913–P, Mail
Stop C4–26–05, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
For information on viewing public
comments, see the beginning of the
SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT:
Allison Yadsko, (410) 786–1740; Joshua
Paul, (301) 492–4347; Adrianne
Patterson, (410) 786–0686; and Jaya
Ghildiyal, (301) 492–5149.
SUPPLEMENTARY INFORMATION:
Inspection of Public Comments: All
comments received before the close of
the comment period are available for
viewing by the public, including any
personally identifiable or confidential
business information that is included in
a comment. We post all comments
received before the close of the
comment period on the following
website as soon as possible after they
have been received: https://
www.regulations.gov. Follow the search
instructions on that website to view
public comments.
I. Background
A. Legislative and Regulatory Overview
The Patient Protection and Affordable
Care Act (Pub. L. 111–148) was enacted
on March 23, 2010; the Health Care and
Education Reconciliation Act of 2010
(Pub. L. 111–152) was enacted on March
30, 2010. These statutes are collectively
referred to as ‘‘PPACA’’ in this proposed
rule. Section 1343 of the PPACA 1
established a permanent risk adjustment
program to provide payments to health
insurance issuers that attract higherthan-average risk populations, such as
those with chronic conditions, funded
by payments from those that attract
lower-than-average risk populations,
thereby reducing incentives for issuers
to avoid higher-risk enrollees. The
PPACA directs the Secretary, in
consultation with the states, to establish
criteria and methods to be used in
carrying out risk adjustment activities,
such as determining the actuarial risk of
enrollees in risk adjustment covered
plans within a state market risk pool.2
The statute also provides that the
Secretary may utilize criteria and
methods similar to the ones utilized
1 42
2 42
E:\FR\FM\02JNP1.SGM
U.S.C. 18063.
U.S.C. 18063(a) and (b).
02JNP1
]]>Agencies
[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Proposed Rules]
[Pages 33592-33595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11853]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2020-0148]
RIN 1625-AA08
Special Local Regulation; Chesapeake Bay, Between Sandy Point and
Kent Island, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish special local
regulations for certain waters of the Chesapeake Bay. This action is
necessary to provide for the safety of life on these navigable waters
located between Sandy Point, Anne Arundel County, MD, and Kent Island,
Queen Anne's County, MD, during a paddling event on September 27, 2020.
This proposed rulemaking would prohibit persons and vessels from
entering the regulated area unless authorized by the Captain of the
Port Maryland-National Capital Region or the Coast Guard Patrol
Commander. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 2, 2020
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0148 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ron 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, Purpose, and Legal Basis
ABC Events, Inc. of Arnold, MD, has notified the Coast Guard that
it will be conducting the Bay Bridge Paddle from 8 a.m. to 12:30 p.m.
on September 27, 2020. The fifth annual canoe, kayak and stand up
paddle board event for elite and intermediate paddlers includes up to
500 paddlers in two classes operating on two race courses 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. The first course, for elite paddlers, is a 9-
statute mile/14.5-kilometer race course that starts at the east beach
area of Sandy Point State Park at Annapolis, MD, proceeds southerly
along the shoreline to a point on the course located between north
bridge piers 13 and 13A, then easterly along and between the bridges
toward the eastern shore at Kent Island and turns around upon reaching
a point near Kent Island, then proceeds westerly along and between the
bridges toward the western shore, turns upon reaching a point on the
course located between north bridge piers 24 and 25, proceeds northerly
to the Sandy Point Shoal Lighthouse, and proceeds westerly to a finish
at the east beach area of Sandy Point State Park. The second course,
for intermediate paddlers, is a 3.1-statute mile/5-kilometer course
that starts at the east beach area of Sandy Point State Park at
Annapolis, MD, and follows the elite paddlers to the north bridge, then
easterly along and between the bridges toward the eastern shore at Kent
Island and turns northerly upon reaching a point on the course located
between north bridge piers 24 and 25, and proceeds to a finish at the
east beach area of Sandy Point State Park. Hazards from the paddle
races include numerous event participants crossing designated
navigation channels and interfering
[[Page 33593]]
with vessels intending to operate within those channels, as well as
operating within approaches to the Sandy Point State Park public boat
launch facility and marina. The Captain of the Port (COTP) Maryland-
National Capital Region has determined that potential hazards
associated with the paddle races would be a safety concern for anyone
intending to participate in this event or for vessels that operate
within specified waters of the Chesapeake Bay between Sandy Point and
Kent Island, MD.
The purpose of this rulemaking is to protect event participants,
non-participants and transiting vessels on certain waters of the
Chesapeake Bay before, during, and after the scheduled event. The Coast
Guard is proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP Maryland-National Capital Region is proposing to establish
special local regulations from 7 a.m. on September 27, 2020. The
special local regulations would be enforced from 7 a.m. to 1:30 p.m. on
September 27, 2020. The regulated area would cover all navigable waters
of the Chesapeake Bay, adjacent to the shoreline at Sandy Point State
Park and between and adjacent to the spans of the William P. Lane Jr.
Memorial Bridges, from shoreline to shoreline, bounded to the north by
a line drawn from the western shoreline at latitude 39[deg]01'05.23''
N, longitude 076[deg]23'47.93'' W; thence eastward to latitude
39[deg]01'02.08'' N, longitude 076[deg]22'40.24'' 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 proposed special local regulations duration and size of the
regulated area are intended to ensure the safety of life on these
navigable waters before, during, and after the paddle races, scheduled
from 8 a.m. to 12:30 p.m. on September 27, 2020. The COTP and the Coast
Guard Patrol Commander (PATCOM) would have the authority to forbid and
control the movement of all vessels and persons, including event
participants, in the regulated area.
Except for Bay Bridge Paddle participants and vessels already at
berth, a vessel or person would 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 would 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 non-
participant. 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
would be allowed to enter the regulated area or pass directly through
the regulated area as instructed. Vessels would be required to operate
at a safe speed that minimizes wake while within the regulated area.
Official patrol vessels will direct non-participants while within the
regulated area. Vessels would be prohibited from loitering within the
navigable channel. Only participant vessels and official patrol vessels
would be allowed to enter the paddle races area.
The regulatory text we are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 size and duration
of the regulated area, which would impact a small designated area of
the Chesapeake Bay for 6.5 hours. The Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
status of the regulated area. Moreover, the rule would allow vessels to
seek permission to enter the regulated area, and vessel traffic would
be able to safely transit the regulated area once the 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 certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
[[Page 33594]]
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 proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area lasting for 6.5 hours. Normally such
actions are categorically excluded from further review under paragraph
L[61] of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this docket, see DHS's Correspondence System
of Records notice (84 FR 48645, September 26, 2018).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T05-0148 to read as follows:
Sec. 100.T05-0148 Bay Bridge Paddle, Chesapeake Bay, Between Sandy
Point and Kent Island, MD.
(a) Regulated area. The regulations in this section apply to the
following 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. These coordinates are based on
datum 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 his 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 any vessel assigned or approved by Commander,
[[Page 33595]]
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
Participant means all persons and vessels registered with the event
sponsor as participating in the Bay Bridge Paddle or otherwise
designated by the event sponsor as having a function tied to the event.
(c) Regulations. (1) Except for vessels already at berth, all non-
participants are prohibited from entering, transiting through,
anchoring in, or remaining within the regulated area described in
paragraph (a) of this section unless authorized by the COTP Maryland-
National Capital Region or PATCOM.
(2) To seek permission to enter, 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). Those in the regulated area must
comply with all lawful orders or directions given to them by the COTP
Maryland-National Capital Region or PATCOM.
(3) The COTP Maryland-National Capital Region will provide notice
of the regulated area through advanced notice via Fifth Coast Guard
District Local Notice to Mariners, broadcast notice to mariners, and
on-scene official patrols.
(d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
Federal, State, and local agencies.
(e) Enforcement period. This section will be enforced from 7 a.m.
to 1:30 p.m. on September 27, 2020.
Dated: May 18, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2020-11853 Filed 6-1-20; 8:45 am]
BILLING CODE 9110-04-P
