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,

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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. vessels intending to transit the regulated We view public participation as E. Unfunded Mandates Reform Act area may be small entities, for the essential to effective rulemaking, and reasons stated in section IV.A above this The Unfunded Mandates Reform Act will consider all comments and material proposed rule would not have a of 1995 (2 U.S.C. 1531–1538) requires received during the comment period. significant economic impact on any Federal agencies to assess the effects of Your comment can help shape the vessel owner or operator. their discretionary regulatory actions. In outcome of this rulemaking. If you If you think that your business, particular, the Act addresses actions submit a comment, please include the organization, or governmental that may result in the expenditure by a docket number for this rulemaking, jurisdiction qualifies as a small entity State, local, or tribal government, in the indicate the specific section of this and that this rule would have a aggregate, or by the private sector of document to which each comment significant economic impact on it, $100,000,000 (adjusted for inflation) or applies, and provide a reason for each please submit a comment (see more in any one year. Though this suggestion or recommendation. ADDRESSES) explaining why you think it proposed rule would not result in such We encourage you to submit qualifies and how and to what degree an expenditure, we do discuss the comments through the Federal this rule would economically affect it. effects of this rule elsewhere in this eRulemaking Portal at http:// Under section 213(a) of the Small preamble. www.regulations.gov. If your material Business Regulatory Enforcement cannot be submitted using http:// F. Environment Fairness Act of 1996 (Pub. L. 104–121), www.regulations.gov, contact the person we want to assist small entities in We have analyzed this proposed rule in the FOR FURTHER INFORMATION understanding this proposed rule. If the under Department of Homeland CONTACT section of this document for rule would affect your small business, Security Management Directive 023–01 alternate instructions. organization, or governmental and Commandant Instruction We accept anonymous comments. All jurisdiction and you have questions M16475.lD, which guide the Coast comments received will be posted concerning its provisions or options for Guard in complying with the National without change to http:// compliance, please contact the person Environmental Policy Act of 1969 (42 www.regulations.gov and will include listed in the FOR FURTHER INFORMATION U.S.C. 4321–4370f), and have made a any personal information you have CONTACT section. The Coast Guard will preliminary determination that this provided. For more about privacy and not retaliate against small entities that action is one of a category of actions that the docket, you may review a Privacy question or complain about this do not individually or cumulatively Act notice regarding the Federal Docket proposed rule or any policy or action of have a significant effect on the human Management System in the March 24, the Coast Guard. environment. This proposed rule 2005, issue of the Federal Register (70 involves implementation of regulations FR 15086). C. Collection of Information within 33 CFR part 100 applicable to Documents mentioned in this NPRM This proposed rule would not call for organized marine events on the as being available in the docket, and all a new collection of information under navigable waters of the United States public comments, will be in our online

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docket at http://www.regulations.gov on board and displaying a Coast Guard Dated: January 29, 2016. and can be viewed by following that ensign. Lonnie P. Harrison, Jr., Web site’s instructions. Additionally, if (4) Participant means all persons and Captain, U.S. Coast Guard, Captain of the you go to the online docket and sign up vessels participating in the Bay Bridge Port Baltimore. for email alerts, you will be notified Paddle event under the auspices of the [FR Doc. 2016–02814 Filed 2–11–16; 8:45 am] when comments are posted or a final Marine Event Permit issued to the event BILLING CODE 9110–04–P rule is published. sponsor and approved by Commander, List of Subjects in 33 CFR Part 100 Coast Guard Sector Baltimore. (c) Special local regulations: (1) The ENVIRONMENTAL PROTECTION Marine safety, Navigation (water), Coast Guard Patrol Commander may AGENCY Reporting and recordkeeping forbid and control the movement of all requirements, Waterways. vessels and persons, including event 40 CFR Part 52 For the reasons discussed in the participants, in the regulated area. [EPA–R04–OAR–2014–0250; FRL–9942–16– preamble, the Coast Guard proposes to When hailed or signaled by an official Region 4] amend 33 CFR part 100 as follows: patrol, a vessel or person in the regulated area shall immediately Air Plan Approval; Tennessee: PART 100—SAFETY OF LIFE ON comply with the directions given. Removal of I/M Program in Memphis NAVIGABLE WATERS Failure to do so may result in expulsion and Revisions to the 1997 8-Hour ■ from the area, citation for failure to Ozone Maintenance Plan for Shelby 1. The authority citation for part 100 County, Tennessee continues to read as follows: comply, or both. The Coast Guard Patrol Commander may terminate the event, or AGENCY: Environmental Protection Authority: 33 U.S.C. 1233. the operation of any support vessel Agency (EPA). ■ 2. Add a temporary § 100.35–T05– participating in the event, at any time it ACTION: 1126 to read as follows: is deemed necessary for the protection Proposed rule. of life or property. SUMMARY: The Environmental Protection § 100.501–T05–1126 Special Local (2) Except for participants and vessels Regulation; Chesapeake Bay, between Agency (EPA) is proposing to approve Sandy Point and Kent Island, MD. already at berth, mooring, or anchor, all the State of Tennessee’s May 23, 2014, persons and vessels within the regulated (a) Regulated area. The following State Implementation Plan (SIP) area at the time it is implemented are to revision, submitted through the location is a regulated area: All depart the regulated area. navigable waters of the Chesapeake Bay Tennessee Department of Environment (3) Persons desiring to transit the between and adjacent to the spans of the and Conservation (TDEC) on behalf of regulated area must first obtain William P. Lane Jr. Memorial Bridges the Shelby County Health Department authorization from the Captain of the from shoreline to shoreline, bounded to (SCHD), seeking to modify the SIP by Port Baltimore or Coast Guard Patrol the north by a line drawn parallel and removing the Inspection and Commander. Prior to the enforcement 500 yards north of the north bridge span Maintenance (I/M) program in the City period, to seek permission to transit the that originates from the western of Memphis, Tennessee, and by area, the Captain of the Port Baltimore shoreline at latitude 39°00′36″ N., incorporating Shelby County’s revised can be contacted at telephone number longitude 076°23′05″ W., and thence maintenance plan for the 1997 8-hour 410–576–2693 or on Marine Band eastward to the eastern shoreline at ozone national ambient air quality Radio, VHF–FM channel 16 (156.8 latitude 38°59′14″ N., longitude standards (NAAQS). Among other MHz). During the enforcement period, 076°20′00″ W., and bounded to the things, the revised maintenance plan to seek permission to transit the area, south by a line drawn parallel and 500 updates the emissions inventory the Coast Guard Patrol Commander can yards south of the south bridge span estimates and the motor vehicle be contacted on Marine Band Radio, that originates from the western emissions budgets (MVEBs) for the years VHF–FM channel 16 (156.8 MHz) for shoreline at latitude 39°00′16″ N., 2006 and 2021 and contains an direction. longitude 076°24′30″ W., and thence emissions reduction measure to offset eastward to the eastern shoreline at (4) The Coast Guard may be assisted the emissions increase expected from latitude 38°58′38.5″ N., longitude in the patrol and enforcement of the the termination of City of Memphis I/M 076°20′06″ W. All coordinates reference regulated area by other Federal, State, program. EPA has preliminarily Datum NAD 1983. and local agencies. The Coast Guard determined that Tennessee’s May 23, (b) Definitions. (1) Captain of the Port Patrol Commander and official patrol 2014, SIP revision is consistent with the Baltimore means the Commander, U.S. vessels enforcing this regulated area can applicable provisions of the Clean Air Coast Guard Sector Baltimore, Maryland be contacted on marine band radio Act (CAA or Act). or any Coast Guard commissioned, VHF–FM channel 16 (156.8 MHz) and DATES: Written comments must be warrant or petty officer who has been channel 22A (157.1 MHz). received on or before March 14, 2016. authorized by the Captain of the Port to (5) The Coast Guard will publish a ADDRESSES: Submit your comments, act on his behalf. notice in the Fifth Coast Guard District identified by Docket ID Number EPA– (2) Coast Guard Patrol Commander Local Notice to Mariners and issue a R04–OAR–2014–0250 by one of the means a commissioned, warrant, or marine information broadcast on VHF– following methods: petty officer of the U.S. Coast Guard FM marine band radio announcing 1. www.regulations.gov: Follow the who has been designated by the specific event date and times. on-line instructions for submitting Commander, Coast Guard Sector (d) Enforcement period. This section comments. Baltimore. will be enforced from 7:30 a.m. until 2. Email: [email protected]. (3) Official Patrol means any vessel 12:30 p.m. on May 14, 2016, and if 3. Fax: (404) 562–9019. assigned or approved by Commander, necessary, due to inclement weather, 4. Mail: EPA–R04–OAR–2014–0250, Coast Guard Sector Baltimore with a from 7:30 a.m. until 12:30 p.m. on May Air Regulatory Management Section, Air commissioned, warrant, or petty officer 15, 2016. Planning and Implementation Branch,

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