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Proposed Rules Federal Register Vol 7481 Proposed Rules Federal Register Vol. 81, No. 29 Friday, February 12, 2016 This section of the FEDERAL REGISTER I. Table of Abbreviations III. Discussion of Proposed Rule contains notices to the public of the proposed The COTP Baltimore proposes to issuance of rules and regulations. The CFR Code of Federal Regulations purpose of these notices is to give interested COTP Captain of the Port establish special local regulations from persons an opportunity to participate in the DHS Department of Homeland Security 7:30 a.m. until 12:30 p.m. on May 14, rule making prior to the adoption of the final E.O. Executive order 2016, and, if necessary due to inclement rules. FR Federal Register weather, from 7:30 a.m. until 12:30 p.m. NPRM Notice of proposed rulemaking on May 15, 2016. The regulated area Pub. L. Public Law would cover all navigable waters of the DEPARTMENT OF HOMELAND § Section U.S.C. United States Code Chesapeake Bay between and adjacent SECURITY to the spans of the William P. Lane Jr. II. Background, Purpose, and Legal Memorial Bridges from shoreline to Coast Guard Basis shoreline, bounded to the north by a line drawn parallel and 500 yards north 33 CFR Part 100 On December 28, 2015, ABC Events, Inc. notified the Coast Guard that it will of the north bridge span that originates from the western shoreline at latitude [Docket Number USCG–2015–1126] be conducting the Bay Bridge Paddle ° ′ ″ ° ′ ″ from 8 a.m. until noon on May 14, 2016, 39 00 36 N., longitude 076 23 05 W. RIN 1625–AA08 to both showcase the kayak and stand and thence eastward to the eastern shoreline at latitude 38°59′14″ N., up paddle board water sport for ° ′ ″ Special Local Regulation; Chesapeake intermediate and elite paddlers, and longitude 076 20 00 W., and bounded Bay, Between Sandy Point and Kent benefit the Annapolis Chapter of the to the south by a line drawn parallel and Island, MD Foundation for Community Betterment 500 yards south of the south bridge span and the Maryland Chapter of the Special that originates from the western AGENCY: Coast Guard, DHS. shoreline at latitude 39°00′16″ N., Olympics. The paddle race is to be held ° ′ ″ ACTION: Notice of proposed rulemaking. under and between the north and south longitude 076 24 30 W. and thence eastward to the eastern shoreline at SUMMARY: The Coast Guard proposes to spans of the William P. Lane, Jr. (US– ° ′ ″ 50/301) Memorial Bridges, located latitude 38 58 38.5 N., longitude establish special local regulations for 076°20′06″ W. The duration of the certain waters of the Chesapeake Bay. between Sandy Point, Anne Arundel County, MD and Kent Island, Queen regulated area is intended to ensure the This action is necessary to provide for safety of vessels and these navigable the safety of life on these navigable Anne’s County, MD. Elite paddlers will depart Sandy Point and proceed easterly waters before, during, and after the waters located between Sandy Point, scheduled 8 a.m. until noon paddle Anne Arundel County, MD and Kent along a 4.2-mile course toward Kent Island, turn around upon reaching a event. Except for Bay Bridge Paddle Island, Queen Anne’s County, MD, participants, no vessel or person would during a paddling event on May 14, point near Kent Island, and proceed back to Sandy Point. Intermediate be permitted to enter the regulated area 2016. This proposed rulemaking would without obtaining permission from the prohibit persons and vessels from being paddlers will depart Sandy Point and proceed easterly along the same 4.2-mile COTP Baltimore or a designated in the regulated area unless authorized representative. The regulatory text we by the Captain of the Port Baltimore or course toward Kent Island, however, they will turn around upon reaching the are proposing appears at the end of this Coast Guard Patrol Commander. We document. invite your comments on this proposed half way point (2.1 miles), and proceed rulemaking. back to Sandy Point. Hazards from the IV. Regulatory Analyses paddle race include event numerous DATES: Comments and related material We developed this proposed rule after event participants crossing designated must be received by the Coast Guard on considering numerous statutes and shipping channels and interfering with or before March 14, 2016. executive orders (E.O.s) related to vessels intending to operate within rulemaking. Below we summarize our ADDRESSES: You may submit comments those channels. The COTP Baltimore analyses based on a number of these identified by docket number USCG– has determined that potential hazards statutes and E.O.s, and we discuss First 2015–1126 using the Federal associated with the paddle race would Amendment rights of protestors. eRulemaking Portal at http:// be a safety concern for anyone intending www.regulations.gov. See the ‘‘Public to operate within certain waters of the A. Regulatory Planning and Review Participation and Request for Chesapeake Bay between Sandy Point E.O.s 12866 and 13563 direct agencies Comments’’ portion of the and Kent Island, MD. SUPPLEMENTARY INFORMATION section for to assess the costs and benefits of The purpose of this rulemaking is to available regulatory alternatives and, if further instructions on submitting protect event participants, spectators comments. regulation is necessary, to select and transiting vessels on certain waters regulatory approaches that maximize FOR FURTHER INFORMATION CONTACT: If of the Chesapeake Bay before, during, net benefits. E.O. 13563 emphasizes the you have questions about this proposed and after the scheduled event. importance of quantifying both costs rulemaking, call or email Mr. Ronald The Coast Guard proposes this and benefits, of reducing costs, of Houck, U.S. Coast Guard Sector rulemaking under authority in 33 U.S.C. harmonizing rules, and of promoting Baltimore, MD; telephone 410–576– 1233, which authorize the Coast Guard flexibility. This NPRM has not been 2674, email [email protected]. to establish and define special local designated a ‘‘significant regulatory SUPPLEMENTARY INFORMATION: regulations. action,’’ under E.O. 12866. Accordingly, VerDate Sep<11>2014 17:04 Feb 11, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\12FEP1.SGM 12FEP1 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 the Paperwork Reduction Act of 1995 that could negatively impact the safety Office of Management and Budget. (44 U.S.C. 3501–3520). of waterway users and shore side This regulatory action determination activities in the event area lasting for 5 D. Federalism and Indian Tribal is based on the size and duration of the hours. The category of water activities Governments regulated area, which would impact a includes but is not limited to sail boat small designated area of the Chesapeake A rule has implications for federalism regattas, boat parades, power boat Bay for 5 hours. The Coast Guard would under E.O. 13132, Federalism, if it has racing, swimming events, crew racing, issue a Broadcast Notice to Mariners via a substantial direct effect on the States, canoe and sail board racing. Normally VHF–FM marine channel 16 about the on the relationship between the national such actions are categorically excluded status of the regulated area. Moreover, government and the States, or on the from further review under paragraph the rule would allow vessels to seek distribution of power and 34(h) of Figure 2–1 of Commandant permission to enter the regulated area, responsibilities among the various Instruction M16475.lD. A preliminary and vessel traffic would be able to safely levels of government. We have analyzed environmental analysis checklist and transit the regulated area once the Coast this proposed rule under that Order and Categorical Exclusion Determination are Guard Patrol Commander deems it safe have determined that it is consistent available in the docket where indicated to do so. with the fundamental federalism under ADDRESSES. We seek any principles and preemption requirements comments or information that may lead B. Impact on Small Entities described in E.O. 13132. to the discovery of a significant The Regulatory Flexibility Act of Also, this proposed rule does not have environmental impact from this 1980, 5 U.S.C. 601–612, as amended, tribal implications under E.O. 13175, proposed rule. requires Federal agencies to consider Consultation and Coordination with the potential impact of regulations on Indian Tribal Governments, because it G. Protest Activities small entities during rulemaking. The would not have a substantial direct The Coast Guard respects the First term ‘‘small entities’’ comprises small effect on one or more Indian tribes, on Amendment rights of protesters. businesses, not-for-profit organizations the relationship between the Federal Protesters are asked to contact the that are independently owned and Government and Indian tribes, or on the person listed in the FOR FURTHER operated and are not dominant in their distribution of power and INFORMATION CONTACT section to fields, and governmental jurisdictions responsibilities between the Federal coordinate protest activities so that your with populations of less than 50,000. Government and Indian tribes. If you message can be received without The Coast Guard certifies under 5 U.S.C. believe this proposed rule has jeopardizing the safety or security of 605(b) that this proposed rule would not implications for federalism or Indian people, places, or vessels. have a significant economic impact on tribes, please contact the person listed V. Public Participation and Request for a substantial number of small entities. in the FOR FURTHER INFORMATION Comments While some owners or operators of CONTACT section above.
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