[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Rules and Regulations]
[Pages 23599-23601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9518]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-1176]
RIN 1625-AA08


Special Local Regulations for Marine Events; Potomac River, 
Charles County, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing special local regulations 
during the ``Potomac River Sharkfest Swim'' amateur swim, a marine 
event to be held on the waters of the Potomac River on June 2, 2012. 
These special local regulations are necessary to provide for the safety 
of life on navigable waters during the event. This action is intended 
to temporarily restrict vessel traffic in a portion of the Potomac 
River during the event.

DATES: This rule is effective and will be enforced from 10 a.m. until 
2:30 p.m. on June 2, 2012.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-1176 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-1176 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Mr. Ronald Houck, U.S. Coast Guard Sector 
Baltimore, MD; telephone 410-576-2674, email [email protected]. 
If you have questions on viewing the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 9, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulations for Marine Events; Potomac 
River, Charles County, MD'' in the Federal Register (77 FR 27). We 
received one comment on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    On June 2, 2012, Enviro-Sports Productions, Inc. of Stinson Beach, 
California, will sponsor an amateur swim across the Potomac River 
between Newburg, Maryland and King George, VA. The event consists of up 
to 500 swimmers on a course located upriver and parallel to the 
Governor Harry W. Nice Memorial (US-301) Bridge. The swimmers will be 
supported by sponsor-provided watercraft. The start will be located 
along the shore at the Aqua-Land Marina and the finish will be located 
along the shore at Dahlgren Wayside Park. A portion of the swim course 
will cross the federal navigation channel. Due to the need for vessel 
control during the event, the Coast Guard will temporarily restrict 
vessel traffic in the event area to provide for the safety of 
participants, spectators and other transiting vessels.

Discussion of Comments and Changes

    The Coast Guard received one comment in response to the NPRM. No 
public meeting was requested and none was held. What follows is a 
review of, and the Coast Guard's response to, the issue that was 
presented by the commenter concerning the proposed regulations.
    The commenter, Mr. David R. Horning of EnviroSports, who is the 
event organizer, stated that after further review of the tidal currents 
for June 2, 2012, it has been determined that the best time to start 
the swim event would be between 11:30 a.m. and 12 p.m. (Noon) to get 
all participants across the Potomac River safely. Furthermore, the 
timeline in the proposed regulation closing this portion of the Potomac

[[Page 23600]]

River should be adjusted to a time from 10 a.m. to 2:30 p.m.
    We feel that adjusting the effective period in the proposed rule as 
suggested by the commenter will not adversely affect waterway users in 
this portion of the Potomac River on June 2, 2012.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. We expect the economic 
impact of this rule to be so minimal that a full Regulatory Evaluation 
under the regulatory policies and procedures of DHS is unnecessary. 
Although this regulation will prevent traffic from transiting a portion 
of the Potomac River during the event, the effect of this regulation 
will not be significant due to the limited duration that the regulated 
area will be in effect and the extensive advance notifications that 
will be made to the maritime community via the Local Notice to Mariners 
and marine information broadcasts, so mariners can adjust their plans 
accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule would affect the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in the effected portions of the Potomac River 
during the event.
    Although this regulation prevents traffic from transiting a portion 
of the Potomac River near the Governor Harry W. Nice Memorial (US-301) 
Bridge during the event, this rule will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. This rule will be in effect for only a limited period. Though 
the regulated area extends across the entire width of the river, vessel 
traffic may be permitted to safely transit a portion of the regulated 
area, but only after all participants have safely cleared that portion 
of the regulated area and when the Coast Guard Patrol Commander deems 
it safe for vessel traffic to do so. All Coast Guard vessels enforcing 
this regulated area can be contacted on marine band radio VHF-FM 
channel 16 (156.8 MHz). Before the enforcement period, we will issue 
maritime advisories so mariners can adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    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 determined 
that this rule does not have implications for federalism.

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.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order

[[Page 23601]]

13211, Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use.

Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(h), of the Instruction. 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. 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. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

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 
temporarily 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:  33 U.S.C. 1233.


0
2. Add temporary Sec.  100.35T05-1176 to read as follows:


Sec.  100.35T05-1176  Special Local Regulations for Marine Events; 
Potomac River, Charles County, MD.

    (a) Regulated area. The following location is a regulated area: All 
waters of the Potomac River, within lines connecting the following 
positions: From latitude 38[deg]22'05'' N, longitude 076[deg]59'03'' W, 
thence to latitude 38[deg]21'50'' N, longitude 077[deg]00'54'' W, and 
from latitude 38[deg]21'29'' N, longitude 077[deg]00'54'' W to latitude 
38[deg]21'45'' N, longitude 076[deg]58'59'' W. All coordinates 
reference Datum NAD 1983.
    (b) Definitions. (1) 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.
    (2) 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.
    (c) Special local regulations. (1) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels and persons in the 
regulated area. When hailed or signaled by an official patrol vessel, 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.
    (2) All Coast Guard vessels enforcing this regulated area can be 
contacted at telephone number 410-576-2693 or on marine band radio VHF-
FM channel 16 (156.8 MHz).
    (3) 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 10 a.m. 
to 2:30 p.m. on June 2, 2012.

    Dated: March 30, 2012.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-9518 Filed 4-19-12; 8:45 am]
BILLING CODE 9110-04-P