[Federal Register Volume 84, Number 98 (Tuesday, May 21, 2019)]
[Rules and Regulations]
[Pages 22969-22971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10584]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0203]
RIN 1625-AA08
Special Local Regulation; Upper Potomac River, National Harbor,
MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing special local regulations for
certain waters of the Upper Potomac River. This action is necessary to
provide for the safety of life on the navigable waters located at
National Harbor, MD, during a swim event on the morning of June 23,
2019. 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 Patrol Commander.
DATES: This rule is effective from 7 a.m. to 11 a.m. on June 23, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0203 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
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 [email protected].
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 Coast Guard Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
Enviro-Sports Productions, Inc. of Stinson Beach, CA, notified the
Coast Guard that it will be conducting the Washington DC Sharkfest Swim
between 7:30 a.m. and 10:30 a.m. on June 23, 2019, along a course that
starts and finishes at the end of the commercial pier at National
Harbor, MD. In response, on April 9, 2019, the Coast Guard published a
notice of proposed rulemaking (NPRM) entitled ``Special Local
Regulation; Upper Potomac River, National Harbor, MD'' (84 FR 14061).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this open water swim event.
During the comment period that ended May 9, 2019, we received no
comments.
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 power boat
racing event will be a safety concern for anyone intending to operate
in or near the event area. The purpose of this rule is to protect event
participants, spectators, and transiting vessels on specified waters of
the Upper Potomac River 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 April
9, 2019. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a special local regulation to be enforced
from 7 a.m. through 11 a.m. on June 23, 2019. There is no alternate
date planned for this event. The regulated area will cover all
navigable waters of the Upper Potomac River, within an area bounded by
a line connecting the following points: From the shoreline at latitude
38[deg]47'30.30'' N, longitude 077[deg]01'26.70'' W, thence west to
latitude 38[deg]47'30.00'' N, longitude 077[deg]01'37.30'' W, thence
south to latitude 38[deg]47'08.20'' N, longitude 077[deg]01'37.30'' W,
thence east to latitude 38[deg]47'09.00'' N, longitude
077[deg]01'09.20'' W, located at National Harbor, 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 open water swim, scheduled from 7:30 a.m. to
10:30 a.m. on June 23, 2019.
Except for participants and vessels already at berth, a person or
vessel within the regulated area at the start of enforcement of this
regulation must immediately depart the regulated area. A person or
vessel that desires to transit, moor, or anchor within the regulated
area must obtain authorization from the COTP Maryland-National Capital
Region or PATCOM. A person or vessel seeking such permission can
contact the COTP Maryland-National Capital Region at telephone number
410-576-2693 or on VHF-FM channel 16, or the PATCOM on VHF-FM channel
16 and channel 22A. A vessel within the regulated area must operate at
a safe speed that minimizes wake. Official Patrols are 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. If permission is granted, the
person or vessel must pass directly through the regulated area as
instructed by PATCOM. Official Patrols enforcing this regulated area
can be contacted on VHF-FM channel 16 and channel 22A. A person or
vessel not registered with the event sponsor as a participant or
assigned as official patrols would be considered a spectator. Official
Patrols will direct spectator vessels while within the regulated area.
A spectator vessel must not loiter within the navigable channel while
within the regulated area. 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.
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.
[[Page 22970]]
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on size, time of day
and duration of the regulated area, which will impact a small
designated area of the Upper Potomac River for 4 hours. The Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM 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
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
safety zone 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
contact 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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 and Commandant Instruction M16475.1D, 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.
The temporary regulated area will be in effect for 4 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. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.
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.
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. 100.501T05-0203 to read as follows:
Sec. 100.501T05-0203 Special Local Regulation; Upper Potomac River,
National Harbor, MD.
(a) Definitions. As used in this section:
Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector
[[Page 22971]]
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 Patrol Commander (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 a person or vessel registered with the event
sponsor as participating in the Washington DC Sharkfest Swim or
otherwise designated by the event sponsor as having a function tied to
the event.
Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
(b) Location. The following location is a regulated area. All
navigable waters of the Upper Potomac River, within an area bounded by
a line connecting the following points: From the Rosilie Island
shoreline at latitude 38[deg]47'30.30'' N, longitude 077[deg]01'26.70''
W, thence west to latitude 38[deg]47'30.00'' N, longitude
077[deg]01'37.30'' W, thence south to latitude 38[deg]47'08.20'' N,
longitude 077[deg]01'37.30'' W, thence east to latitude
38[deg]47'09.00'' N, longitude 077[deg]01'09.20'' W, thence southeast
along the pier to latitude 38[deg]47'06.30'' N, longitude
077[deg]01'02.50'' W, thence north along the shoreline and west along
the southern extent of the Woodrow Wilson (I-95/I-495) Memorial Bridge
and south and west along the shoreline to the point of origin, located
at National Harbor, MD. All coordinates reference Datum NAD 1983.
(c) Special local regulations. (1) The COTP Maryland-National
Capital Region or PATCOM 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 by the patrol. Failure to do so may result in the Coast Guard
expelling the person or vessel from the area, issuing a citation for
failure to comply, or both. The COTP Maryland-National Capital Region
or PATCOM may terminate the event, or a participant's operations at any
time the COTP Maryland-National Capital Region or PATCOM believes it
necessary to do so for the protection of life or property.
(2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
(3) A spectator must contact the PATCOM to request permission to
either enter or pass through the regulated area. The PATCOM, 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). If permission is granted, the spectator must pass directly
through the regulated area as instructed by PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
(4) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or PATCOM. A person or vessel seeking
such permission can 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 PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 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 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 11 a.m. on June 23, 2019.
Dated: May 16, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-10584 Filed 5-20-19; 8:45 am]
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