[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.

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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 <a href="/cdn-cgi/l/email-protection#c387f3f6ee8784ee90a6a0b7acb18e87ee8d8091ee8ea2b1aaada686b5a6adb7b083b6b0a0a4edaeaaaf"><span class="__cf_email__" data-cfemail="185c282d355c5f354b7d7b6c776a555c35565b4a3555796a71767d5d6e7d766c6b586d6b7b7f36757174">[email protected]</span></a>.

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


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