This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

7481 

Vol. 81, No. 29 

Friday, February 12, 2016 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2015–1126] 

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 May 14, 

2016. This proposed rulemaking would 

prohibit persons and vessels from being 

in the regulated area unless authorized 

by the Captain of the Port Baltimore 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 March 14, 2016. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2015–1126 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 

Baltimore, MD; 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 December 28, 2015, ABC Events, 

Inc. notified the Coast Guard that it will 

be conducting the Bay Bridge Paddle 

from 8 a.m. until noon on May 14, 2016, 

to both showcase the kayak and stand 

up paddle board water sport for 

intermediate and elite paddlers, and 

benefit the Annapolis Chapter of the 

Foundation for Community Betterment 

and the Maryland Chapter of the Special 

Olympics. The paddle race is to be held 

under and between the north and south 

spans 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. Elite paddlers will 

depart Sandy Point and proceed easterly 

along a 4.2-mile course toward Kent 

Island, turn around upon reaching a 

point near Kent Island, and proceed 

back to Sandy Point. Intermediate 

paddlers will depart Sandy Point and 

proceed easterly along the same 4.2-mile 

course toward Kent Island, however, 

they will turn around upon reaching the 

half way point (2.1 miles), and proceed 

back to Sandy Point. Hazards from the 

paddle race include event numerous 

event participants crossing designated 

shipping channels and interfering with 

vessels intending to operate within 

those channels. The COTP Baltimore 

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 Baltimore proposes to 

establish special local regulations from 

7:30 a.m. until 12:30 p.m. on May 14, 

2016, and, if necessary due to inclement 

weather, from 7:30 a.m. until 12:30 p.m. 

on May 15, 2016. The regulated area 

would cover all navigable waters of the 

Chesapeake Bay 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 parallel and 500 yards north 

of the north bridge span that originates 

from the western shoreline at latitude 

39°00′36′′ N., longitude 076°23′05′′ W. 

and thence eastward to the eastern 

shoreline at latitude 38°59′14′′ N., 

longitude 076°20′00′′ 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′16′′ N., 

longitude 076°24′30′′ W. and thence 

eastward to the eastern shoreline at 

latitude 38°58′38.5′′ N., longitude 

076°20′06′′ W. 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 noon paddle 

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 Baltimore 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 

executive orders (E.O.s) related to 

rulemaking. Below we summarize our 

analyses based on a number of these 

statutes and E.O.s, and we discuss First 

Amendment rights of protestors. 

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. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This NPRM has not been 

designated a ‘‘significant regulatory 

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


asabaliauskas on DSK9F6TC42PROD with PROPOSALS
7482 Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Proposed Rules 

the NPRM has not been reviewed by the 

Office of Management and Budget. 

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 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 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 E.O. 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 above. 

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 5 

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 

environmental analysis checklist and 

Categorical Exclusion Determination are 

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

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, you may review a Privacy 

Act notice regarding the Federal Docket 

Management System in the March 24, 

2005, issue of the Federal Register (70 

FR 15086). 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 


asabaliauskas on DSK9F6TC42PROD with PROPOSALS
Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Proposed Rules 7483 

docket at http://www.regulations.gov 

and can be viewed by following that 

Web site’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 a temporary § 100.35–T05– 

1126 to read as follows: 

§ 100.501–T05–1126 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 

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 parallel and 

500 yards north of the north bridge span 

that originates from the western 

shoreline at latitude 39°00′36′′ N., 

longitude 076°23′05′′ W., and thence 

eastward to the eastern shoreline at 

latitude 38°59′14′′ N., longitude 

076°20′00′′ 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′16′′ N., 

longitude 076°24′30′′ W., and thence 

eastward to the eastern shoreline at 

latitude 38°58′38.5′′ N., longitude 

076°20′06′′ W. All coordinates reference 

Datum NAD 1983. 

(b) Definitions. (1) Captain of the Port 

Baltimore means the Commander, U.S. 

Coast Guard Sector Baltimore, Maryland 

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 

Baltimore. 

(3) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore 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 Baltimore. 

(c) Special local regulations: (1) The 

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, mooring, or anchor, all 

persons and vessels within the regulated 

area at the time it is implemented are to 

depart the regulated area. 

(3) Persons desiring to transit the 

regulated area must first obtain 

authorization from the Captain of the 

Port Baltimore or Coast Guard Patrol 

Commander. Prior to the enforcement 

period, to seek permission to transit the 

area, the Captain of the Port Baltimore 

can be contacted at telephone number 

410–576–2693 or on Marine Band 

Radio, VHF–FM channel 16 (156.8 

MHz). During the enforcement period, 

to seek permission to transit the area, 

the Coast Guard Patrol Commander can 

be contacted 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 7:30 a.m. until 

12:30 p.m. on May 14, 2016, and if 

necessary, due to inclement weather, 

from 7:30 a.m. until 12:30 p.m. on May 

15, 2016. 

Dated: January 29, 2016. 

Lonnie P. Harrison, Jr., 

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

Port Baltimore. 

[FR Doc. 2016–02814 Filed 2–11–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2014–0250; FRL–9942–16– 

Region 4] 

Air Plan Approval; Tennessee: 

Removal of I/M Program in Memphis 

and Revisions to the 1997 8-Hour 

Ozone Maintenance Plan for Shelby 

County, Tennessee 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the State of Tennessee’s May 23, 2014, 

State Implementation Plan (SIP) 

revision, submitted through the 

Tennessee Department of Environment 

and Conservation (TDEC) on behalf of 

the Shelby County Health Department 

(SCHD), seeking to modify the SIP by 

removing the Inspection and 

Maintenance (I/M) program in the City 

of Memphis, Tennessee, and by 

incorporating Shelby County’s revised 

maintenance plan for the 1997 8-hour 

ozone national ambient air quality 

standards (NAAQS). Among other 

things, the revised maintenance plan 

updates the emissions inventory 

estimates and the motor vehicle 

emissions budgets (MVEBs) for the years 

2006 and 2021 and contains an 

emissions reduction measure to offset 

the emissions increase expected from 

the termination of City of Memphis I/M 

program. EPA has preliminarily 

determined that Tennessee’s May 23, 

2014, SIP revision is consistent with the 

applicable provisions of the Clean Air 

Act (CAA or Act). 

DATES: Written comments must be 

received on or before March 14, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R04–OAR–2014–0250 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-ARMS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2014–0250, 

Air Regulatory Management Section, Air 

Planning and Implementation Branch, 


asabaliauskas on DSK9F6TC42PROD with PROPOSALS