Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules 1597 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2017–1054] 

RIN 1625–AA08 

Special Local Regulation; Chesapeake 

Bay, between Sandy Point and Kent 

Island, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish special local regulations for 

certain waters of the Chesapeake Bay. 

This action is necessary to provide for 

the safety of life on these navigable 

waters located between Sandy Point, 

Anne Arundel County, MD and Kent 

Island, Queen Anne’s County, MD, 

during a paddling event on June 2, 2018. 

In the case of inclement weather, the 

paddling event is scheduled for June 3, 

2018. This proposed rulemaking would 

prohibit persons and vessels from being 

in the regulated area unless authorized 

by the Captain of the Port MarylandNational Capital Region or Coast Guard 

Patrol Commander. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before February 12, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2017–1054 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Mr. Ronald 

Houck, U.S. Coast Guard Sector 

Maryland-National Capital Region; 

telephone 410–576–2674, email 

Ronald.L.Houck@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

E.O. Executive order 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On October 16, 2017, ABC Events, 

Inc. of Arnold, MD notified the Coast 

Guard that it will be conducting the Bay 

Bridge Paddle from 8 a.m. to 12:30 p.m. 

on June 2, 2018. The third annual kayak 

and stand up paddle board event for 

intermediate and elite paddlers includes 

up to 500 paddlers in two classes 

operating on two race courses in the 

Chesapeake Bay. The first course is 

under and between the north and south 

bridges that consist of the William P. 

Lane, Jr. (US–50/301) Memorial Bridges, 

located between Sandy Point, Anne 

Arundel County, MD and Kent Island, 

Queen Anne’s County, MD, and the 

second course is adjacent to Sandy 

Point State Park at Annapolis, MD. Elite 

paddlers will operate on a 9-statute 

mile/14.5-kilometer race course that 

starts at the east beach area of Sandy 

Point State Park, proceeds southerly 

along the shoreline to a point on the 

course located between north bridge 

piers 13 and 13A, then easterly along 

and between the bridges toward the 

eastern shore at Kent Island and turns 

around upon reaching a point near Kent 

Island, then proceeds westerly along 

and between the bridges toward the 

western shore, turns upon reaching a 

point on the course located between 

north bridge piers 24 and 25, proceeds 

northerly to the Sandy Point Shoal 

Lighthouse, and proceeds westerly to a 

finish at the east beach area of Sandy 

Point State Park. Intermediate paddlers 

will operate on a 3.1-statute mile/5- 

kilometer course that starts at the east 

beach area of Sandy Point State Park 

and follows the elite paddlers to the 

north bridge, then easterly along and 

between the bridges toward the eastern 

shore at Kent Island and turns northerly 

upon reaching a point on the course 

located between north bridge piers 24 

and 25, and proceeds to a finish at the 

north beach area of Sandy Point State 

Park. In the case of inclement weather, 

the event is scheduled from 8 a.m. to 

12:30 p.m. on June 3, 2018. Hazards 

from the paddle race include numerous 

event participants crossing designated 

shipping channels and interfering with 

vessels intending to operate within 

those channels. The COTP MarylandNational Capital Region has determined 

that potential hazards associated with 

the paddle race would be a safety 

concern for anyone intending to operate 

within certain waters of the Chesapeake 

Bay between Sandy Point and Kent 

Island, MD. 

The purpose of this rulemaking is to 

protect event participants, spectators 

and transiting vessels on certain waters 

of the Chesapeake Bay before, during, 

and after the scheduled event. The Coast 

Guard proposes this rulemaking under 

authority in 33 U.S.C. 1233, which 

authorize the Coast Guard to establish 

and define special local regulations. 

III. Discussion of Proposed Rule 

The COTP Maryland-National Capital 

Region proposes to establish special 

local regulations from 7 a.m. to 1:30 

p.m. on June 2, 2018, and, if necessary 

due to inclement weather, from 7 a.m. 

to 1:30 p.m. on June 3, 2018. 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′58.38′′ W.; thence southward to 

latitude 38°59′57.02′′ N., longitude 

076°23′02.79′′ W.; thence eastward and 

parallel and 500 yards north of the north 

bridge span to eastern shoreline at 

latitude 38°59′13.70′′ N., longitude 

076°19′58.40′′ W.; and bounded to the 

south by a line drawn parallel and 500 

yards south of the south bridge span 

that originates from the western 

shoreline at latitude 39°00′17.08′′ N., 

longitude 076°24′28.36′′ W.; thence 

southward to latitude 38°59′38.36′′ N., 

longitude 076°23′59.67′′ W.; thence 

eastward to latitude 38°59′26.93′′ N., 

longitude 076°23′25.53′′ W.; thence 

eastward to the eastern shoreline at 

latitude 38°58′40.32′′ N., longitude 

076°20′10.45′′ W, located between 

Sandy Point and Kent Island, MD. The 

duration of the regulated area is 

intended to ensure the safety of vessels 

and these navigable waters before, 

during, and after the scheduled 8 a.m. 

until 12:30 p.m. paddle race event. 

Except for Bay Bridge Paddle 

participants, no vessel or person would 

be permitted to enter the regulated area 

without obtaining permission from the 

COTP Maryland-National Capital 

Region or a designated representative. 

The regulatory text we are proposing 

appears at the end of this document. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

E.O.s 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. 


sradovich on DSK3GMQ082PROD with PROPOSALS
1598 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules 

A. Regulatory Planning and Review 

E.O.s 12866 and 13563 direct agencies 

to assess the costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits. E.O. 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under E.O. 12866. 

Accordingly, the NPRM has not been 

reviewed by the Office of Management 

and Budget (OMB), and pursuant to 

OMB guidance it is exempt from the 

requirements of E.O. 13771. 

This regulatory action determination 

is based on the size and duration of the 

regulated area, which would impact a 

small designated area of the Chesapeake 

Bay for six hours. The Coast Guard 

would issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the status of the regulated area. 

Moreover, the rule would allow vessels 

to seek permission to enter the regulated 

area, and vessel traffic would be able to 

safely transit the regulated area once the 

COTP Coast Guard Patrol Commander 

deems it safe to do so. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the regulated 

area may be small entities, for the 

reasons stated in section IV.A above this 

proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule. If the 

rule would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

C. Collection of Information 

This proposed rule would not call for 

a new collection of information under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under E.O. 13132, Federalism, if it has 

a substantial direct effect on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. We have analyzed 

this proposed rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in E.O. 13132. 

Also, this proposed rule does not have 

tribal implications under 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 Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have made a 

preliminary determination that this 

action is one of a category of actions that 

do not individually or cumulatively 

have a significant effect on the human 

environment. This proposed rule 

involves implementation of regulations 

within 33 CFR part 100 applicable to 

organized marine events on the 

navigable waters of the United States 

that could negatively impact the safety 

of waterway users and shore side 

activities in the event area lasting for 6 

hours. The category of water activities 

includes but is not limited to sail boat 

regattas, boat parades, power boat 

racing, swimming events, crew racing, 

canoe and sail board racing. Normally 

such actions are categorically excluded 

from further review under paragraph 

34(h) of Figure 2–1 of Commandant 

Instruction M16475.lD. A preliminary 

Record of Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules 1599 

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

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 proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add § 100.501T05–1054 to read as 

follows: 

§ 100.501T05–1054 Special Local 

Regulation; Chesapeake Bay, between 

Sandy Point and Kent Island, MD. 

(a) Regulated area. The following 

location is a regulated area: All 

navigable waters of the Chesapeake Bay, 

adjacent to the shoreline at Sandy Point 

State Park and between and adjacent to 

the spans of the William P. Lane Jr. 

Memorial Bridges, from shoreline to 

shoreline, bounded to the north by a 

line drawn from the western shoreline 

at latitude 39°01′05.23′′ N., longitude 

076°23′47.93′′ W.; thence eastward to 

latitude 39°01′02.08′′ N., longitude 

076°22′58.38′′ W.; thence southward to 

latitude 38°59′57.02′′ N., longitude 

076°23′02.79′′ W.; thence eastward and 

parallel and 500 yards north of the north 

bridge span to eastern shoreline at 

latitude 38°59′13.70′′ N., longitude 

076°19′58.40′′ W.; and bounded to the 

south by a line drawn parallel and 500 

yards south of the south bridge span 

that originates from the western 

shoreline at latitude 39°00′17.08′′ N., 

longitude 076°24′28.36′′ W.; thence 

southward to latitude 38°59′38.36′′ N., 

longitude 076°23′59.67′′ W.; thence 

eastward to latitude 38°59′26.93′′ N., 

longitude 076°23′25.53′′ W.; thence 

eastward to the eastern shoreline at 

latitude 38°58′40.32′′ N., longitude 

076°20′10.45′′ W, located between 

Sandy Point and Kent Island, MD. All 

coordinates reference North American 

Datum 83 (NAD 1983). 

(b) Definitions—(1) 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 Captain 

of the Port to act on his behalf. 

(2) Coast Guard Patrol Commander 

means a commissioned, warrant, or 

petty officer of the U.S. Coast Guard 

who has been designated by the 

Commander, Coast Guard Sector 

Maryland-National Capital Region. 

(3) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Maryland-National 

Capital Region with a commissioned, 

warrant, or petty officer on board and 

displaying a Coast Guard ensign. 

(4) Participant means all persons and 

vessels participating in the Bay Bridge 

Paddle event under the auspices of the 

Marine Event Permit issued to the event 

sponsor and approved by Commander, 

Coast Guard Sector Maryland-National 

Capital Region. 

(c) Special local regulations. (1) The 

COTP or Coast Guard Patrol 

Commander may forbid and control the 

movement of all vessels and persons, 

including event participants, in the 

regulated area. When hailed or signaled 

by an official patrol, a vessel or person 

in the regulated area shall immediately 

comply with the directions given. 

Failure to do so may result in expulsion 

from the area, citation for failure to 

comply, or both. The Coast Guard Patrol 

Commander may terminate the event, or 

the operation of any support vessel 

participating in the event, at any time it 

is deemed necessary for the protection 

of life or property. 

(2) Except for participants and vessels 

already at berth, all persons and vessels 

within the regulated area at the time it 

is implemented are to depart the 

regulated area. 

(3) Persons and vessels desiring to 

transit, moor, or anchor within the 

regulated area must first obtain 

authorization from the COTP MarylandNational Capital Region or Coast Guard 

Patrol Commander. Prior to the 

enforcement period, vessels or persons 

seeking permission to transit, moor, or 

anchor within the area may 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). During the 

enforcement period, vessels or persons 

seeking permission to transit, moor, or 

anchor within the area may contact the 

Coast Guard Patrol Commander on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz) for direction. 

(4) The Coast Guard may be assisted 

in the patrol and enforcement of the 

regulated area by other Federal, State, 

and local agencies. The Coast Guard 

Patrol Commander and official patrol 

vessels enforcing this regulated area can 

be contacted on marine band radio 

VHF–FM channel 16 (156.8 MHz) and 

channel 22A (157.1 MHz). 

(5) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event date and times. 

(d) Enforcement period. This section 

will be enforced from 7 a.m. to 1:30 p.m. 

on June 2, 2018, and, if necessary due 

to inclement weather, from 7 a.m. to 

1:30 p.m. on June 3, 2018. 

Dated: January 5, 2018. 

Lonnie P. Harrison, Jr., 

Captain, U.S. Coast Guard, Captain of the 

Port Maryland-National Capital Region. 

[FR Doc. 2018–00420 Filed 1–11–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0965] 

RIN 1625–AA00 

Safety Zone; Cape Fear River, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on the 

navigable waters of the Cape Fear River 

in Brunswick County and New Hanover 

County, North Carolina. This temporary 

safety zone is intended to restrict vessel 

traffic on the Cape Fear River while a 

vessel transports two new Post-Panamax 

gantry cranes to the North Carolina State 

Port in Wilmington, North Carolina. 

This action is intended to restrict vessel 

traffic on the Cape Fear River to protect 

mariners and vessels from the hazards 

associated with transporting the 

assembled gantry cranes. Entry of 

vessels or persons into this safety zone 

is prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) North Carolina or a designated 

representative. We invite your 

comments on this proposed rulemaking. 


sradovich on DSK3GMQ082PROD with PROPOSALS