Special Local Regulation; Chesapeake Bay, Between Sandy Point and Kent Island, MD, 49476-49478 [2021-19102]
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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations
the APA and the requirements of the
RFA.
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 29 CFR Part 1977
Coast Guard
Administrative practice and
procedure, Employment, Investigations,
Safety, Whistleblowing.
[Docket Number USCG–2021–0505]
Authority and Signature
RIN 1625–AA08
James S. Frederick, Acting Assistant
Secretary for Occupational Safety and
Health, authorized the preparation of
this document under the authority
granted by Secretary’s Order 08–2020
(May 15, 2020).
Special Local Regulation; Chesapeake
Bay, Between Sandy Point and Kent
Island, MD
Signed at Washington, DC.
James S. Frederick,
Acting Assistant Secretary for Occupational
Safety and Health.
SUMMARY:
For the reasons stated in the
preamble, OSHA amends part 1977 of
chapter XVII of title 29 as follows:
PART 1977—[AMENDED]
1. Revise the authority citation for part
1977 to read as follows:
■
Authority: 29 U.S.C. 657, 660; 5 U.S.C.
553; and Secretary of Labor’s Order No. 08–
2020 (85 FR 58393), 9–83 (48 FR 35736), or
12–71 (36 FR 8754), as applicable.
2. In § 1977.6, revise paragraph (b) to
read as follows:
■
§ 1977.6 Unprotected activities
distinguished.
*
*
*
*
*
(b) At the same time, to establish a
violation of section 11(c), the
employee’s engagement in protected
activity need not be the sole or primary
consideration behind discharge or other
adverse action. If the discharge or other
adverse action would not have taken
place ‘‘but for’’ engagement in protected
activity, section 11(c) has been violated.
See Bostock v. Clay County, Ga., 140 S
Ct. 1731, 1739 (2020); Univ. of Tex. Sw.
Med. Ctr. v. Nassar, 570 U.S. 338 (2013).
Ultimately, the issue as to whether a
discharge or other adverse action was
because of protected activity will have
to be determined on the basis of the
facts in the particular case.
[FR Doc. 2021–19071 Filed 9–2–21; 8:45 am]
BILLING CODE 4510–26–P
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33 CFR Part 100
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation 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 26, 2021. This
regulation prohibits persons and vessels
from entering the regulated area unless
authorized by the Captain of the Port
Maryland-National Capital Region or the
Coast Guard Event Patrol Commander.
DATES: This rule is effective from 7 a.m.
to 1 p.m. on September 26, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0505 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Next, in the Document
Type column, select ‘‘Supporting &
Related Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Ron Houck, U.S. Coast Guard
Sector Maryland-National Capital
Region; telephone 410–576–2674, email
D05-DG-SectorMD-NCR-MarineEvents@
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 Patrol Commander
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
ABC Events, Inc. of Arnold, MD,
notified the Coast Guard that from 8
a.m. to noon on September 26, 2021, it
will be conducting the Bay Bridge
Paddle on the Chesapeake Bay, under
and between the north and south
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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 response,
on July 15, 2021, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled ‘‘Special
Local Regulation; Chesapeake Bay,
Between Sandy Point and Kent Island,
MD’’ (86 FR 37270). There we stated
why we issued the NPRM, and invited
comments on our proposed regulatory
action related to this paddle racing
event. During the comment period that
ended August 16, 2021, we received no
comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Due to the date of the event,
it would be impracticable to make the
regulation effective 30 days after
publication in the Federal Register.
Delaying the effective date date of this
rule would be impracticable and
contrary to the public interest because
immediate action is needed to respond
to the potential safety hazards
associated with the ‘‘Bay Bridge Paddle’’
event.
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 races will 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. These hazards
include numerous event participants
crossing designated navigation channels
and interfering with vessels operating
within those channels, as well as
operating within approaches to the
Sandy Point State Park public boat
launch facility and marina. The purpose
of this rule is to protect event
participants, non-participants and
transiting vessels 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 July
15, 2021. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes special local
regulations from 7 a.m. to 1 p.m. on
September 26, 2021. The regulated area
will cover all navigable waters of the
Chesapeake Bay, adjacent to the
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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations
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 the paddle races,
scheduled from 8 a.m. to noon on
September 26, 2021. The COTP and the
Coast Guard Event PATCOM will have
authority to 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 will be required to
immediately comply with the directions
given by the COTP or Event PATCOM.
If a person or vessel fails to follow such
directions, the Coast Guard may expel
them from the area, issue them a
citation for failure to comply, or both.
Except for Bay Bridge Paddle
participants and vessels already at
berth, a vessel or person will be
required to get permission from the
COTP or Event PATCOM before
entering the regulated area. Vessel
operators will be able to request
permission to enter and transit through
the regulated area by contacting the
Event PATCOM on VHF–FM channel
16. Vessel traffic will be able to safely
transit the regulated area once the Event
PATCOM deems it safe to do so. A
vessel within the regulated area must
operate at safe speed that minimizes
wake. A person or vessel not registered
with the event sponsor as a participant
or assigned as official patrols will 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,
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16:01 Sep 02, 2021
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or petty officer on board and displaying
a Coast Guard ensign.
If permission is granted by the COTP
or Event PATCOM, a person or vessel
will be allowed to enter the regulated
area or pass directly through the
regulated area as instructed. Official
patrols enforcing this regulated area can
be contacted on VHF–FM channel 16
and channel 22A.
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.
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).
This regulatory action determination
is based on the size and duration 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 Event
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
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49477
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 call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations
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, 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
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
implementation of regulations within 33
CFR part 100 applicable to organized
marine events on the navigable waters
of the United States that could
negatively impact the safety of
waterway users and shore side activities
in the event area for 6 hours. It is
categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Memorandum for the Record supporting
this determination is available in the
docket. For instructions on locating the
docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
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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:
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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–
1.
2. Add § 100.T05–0505 to read as
follows:
■
§ 100.T05–0505 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. The
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 Event Patrol Commander
(Event 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,
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
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Bridge Paddle’’ event, or otherwise
designated by the event sponsor as
having a function tied to the event.
(c) Special local regulations. (1)
Except for participants and 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 Event
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 Event 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
Event PATCOM.
(3) Official patrols will direct nonparticipants while within the regulated
area. Official patrols enforcing the
regulated area can be contacted on
VHF–FM channel 16 and channel 22A.
(4) 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 p.m.
on September 26, 2021.
Dated: August 30, 2021.
David E. O’Connell,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2021–19102 Filed 9–2–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Part 600
[Docket ID ED–2018–OPE–0076]
RIN 1840–AD38
Distance Education and Innovation;
Correction
Office of Postsecondary
Education, Department of Education.
ACTION: Correcting amendments.
AGENCY:
On September 2, 2020, the
Department of Education (Department)
published in the Federal Register a final
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Rules and Regulations]
[Pages 49476-49478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19102]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0505]
RIN 1625-AA08
Special Local Regulation; Chesapeake Bay, Between Sandy Point and
Kent Island, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation 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 26, 2021.
This regulation prohibits persons and vessels from entering the
regulated area unless authorized by the Captain of the Port Maryland-
National Capital Region or the Coast Guard Event Patrol Commander.
DATES: This rule is effective from 7 a.m. to 1 p.m. on September 26,
2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0505 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the
Document Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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 Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
ABC Events, Inc. of Arnold, MD, notified the Coast Guard that from
8 a.m. to noon on September 26, 2021, it will be conducting the Bay
Bridge Paddle on 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 response, on July 15,
2021, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled ``Special Local Regulation; Chesapeake Bay, Between Sandy Point
and Kent Island, MD'' (86 FR 37270). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this paddle racing event. During the comment period that ended August
16, 2021, we received no comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the date of the event, it
would be impracticable to make the regulation effective 30 days after
publication in the Federal Register. Delaying the effective date date
of this rule would be impracticable and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with the ``Bay Bridge Paddle'' event.
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 races
will 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. These hazards
include numerous event participants crossing designated navigation
channels and interfering with vessels operating within those channels,
as well as operating within approaches to the Sandy Point State Park
public boat launch facility and marina. The purpose of this rule is to
protect event participants, non-participants and transiting vessels
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 July
15, 2021. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes special local regulations from 7 a.m. to 1
p.m. on September 26, 2021. The regulated area will cover all navigable
waters of the Chesapeake Bay, adjacent to the
[[Page 49477]]
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 the paddle races, scheduled
from 8 a.m. to noon on September 26, 2021. The COTP and the Coast Guard
Event PATCOM will have authority to 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 will be required to immediately comply with the
directions given by the COTP or Event PATCOM. If a person or vessel
fails to follow such directions, the Coast Guard may expel them from
the area, issue them a citation for failure to comply, or both.
Except for Bay Bridge Paddle participants and vessels already at
berth, a vessel or person will be required to get permission from the
COTP or Event PATCOM before entering the regulated area. Vessel
operators will be able to request permission to enter and transit
through the regulated area by contacting the Event PATCOM on VHF-FM
channel 16. Vessel traffic will be able to safely transit the regulated
area once the Event PATCOM deems it safe to do so. A vessel within the
regulated area must operate at safe speed that minimizes wake. A person
or vessel not registered with the event sponsor as a participant or
assigned as official patrols will 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 Event PATCOM, a person or
vessel will be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Official patrols enforcing
this regulated area can be contacted on VHF-FM channel 16 and channel
22A.
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. 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).
This regulatory action determination is based on the size and
duration 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 Event 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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
[[Page 49478]]
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, 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 determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area for 6 hours. It is categorically
excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1. A Memorandum for the
Record supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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. 100.T05-0505 to read as follows:
Sec. 100.T05-0505 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. The 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 Event Patrol Commander (Event 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,
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'' event, or
otherwise designated by the event sponsor as having a function tied to
the event.
(c) Special local regulations. (1) Except for participants and
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 Event
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 Event 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 Event PATCOM.
(3) Official patrols will direct non-participants while within the
regulated area. Official patrols enforcing the regulated area can be
contacted on VHF-FM channel 16 and channel 22A.
(4) 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 p.m. on September 26, 2021.
Dated: August 30, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2021-19102 Filed 9-2-21; 8:45 am]
BILLING CODE 9110-04-P
