[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Proposed Rules]
[Pages 18157-18160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06743]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2020-0143]
RIN 1625-AA08
Special Local Regulation; Upper Potomac River, National Harbor,
MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish special local
regulations for certain waters of the Upper Potomac River. This action
is necessary to provide for the safety of life on these navigable
waters located at National Harbor, MD, during a swim event on June 20,
2020. This proposed rulemaking would prohibit persons and vessels from
entering the regulated area unless authorized by the Captain of the
[[Page 18158]]
Port Maryland-National Capital Region or the 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 May 1, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0143 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. 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, Purpose, and Legal Basis
Enviro-Sports Productions, Inc. of Stinson Beach, CA, notified the
Coast Guard that it will be conducting the Washington DC Sharkfest Swim
event from 7:30 a.m. to 10:30 a.m. on June 20, 2020. The open water
swim races consist of approximately 250 adult and youth participants
competing on a designated course with three designated swim distances,
including 1 km, 2 km, and 4 km. The course starts and finishes at the
commercial pier at National Harbor, MD. Hazards from the swim
competition include participants swimming within and adjacent to the
designated navigation channel and interfering with vessels intending to
operate within that channel, as well as swimming within approaches to
local public and private marinas and public boat facilities. The
Captain of the Port (COTP) Maryland-National Capital Region has
determined that potential hazards associated with the swim event would
be a safety concern for anyone intending to participate in this event
or for vessels that operate within specified waters of the Upper
Potomac River.
The purpose of this rulemaking is to protect event participants,
non-participants and transiting vessels on certain waters of the Upper
Potomac River before, during, and after the scheduled event. The Coast
Guard is proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP Maryland-National Capital Region is proposing to establish
a special local regulation from 7 a.m. through 11 a.m. on June 20,
2020. There is no alternate date planned for this event. The regulated
area would cover 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. The regulated area is approximately 1,210 yards in
length and 740 yards in width.
The proposed duration of the rule 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 event, scheduled from
7:30 a.m. to 10:30 a.m. on June 20, 2020. The COTP and the Coast Guard
Patrol Commander (PATCOM) would have authority to forbid and control
the movement of all vessels and persons, including event participants,
in the regulated area.
Except for Washington DC Sharkfest Swim event participants and
vessels already at berth, a vessel or person would be required to get
permission from the COTP or PATCOM before entering the regulated area.
Vessel operators can request permission to enter and transit through
the regulated area by contacting the PATCOM on VHF-FM channel 16.
Vessel traffic would be able to safely transit the regulated area once
the PATCOM deems it safe to do so. A person or vessel not registered
with the event sponsor as a participant or assigned as official patrols
would be considered a non-participant. Official Patrols are any vessel
assigned or approved by the 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 by the COTP or PATCOM, a person or vessel
would be allowed to enter the regulated area or pass directly through
the regulated area as instructed. Vessels would be required to operate
at a safe speed that minimizes wake while within the regulated area.
Official patrol vessels will direct non-participants while within the
regulated area. Vessels would be prohibited from loitering within the
navigable channel. Only participant vessels and official patrol vessels
would be allowed to enter the swim race area.
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 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.
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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 would 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 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
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
[[Page 18159]]
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
safety zone 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 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 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.
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 Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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 4 hours. Normally such
actions are categorically excluded from further review under paragraph
L[61] of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. 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
submissions in response to this docket, see DHS's Correspondence System
of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website'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 is
proposing to amend 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.T05-0143 to read as follows:
Sec. 100.T05-0143 Washington DC Sharkfest Swim, Upper Potomac River,
National Harbor, MD.
(a) Regulated area. The regulations in this section apply to the
following area: All navigable waters of the Upper
[[Page 18160]]
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. These coordinates
are based on datum NAD 1983.
(b) Definitions. As used in this section--
Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector 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 all persons and vessels registered with the event
sponsor as participating in the Washington DC Sharkfest Swim event or
otherwise designated by the event sponsor as having a function tied to
the event.
(c) Regulations. (1) Except for vessels already at berth, all non-
participants are prohibited from entering, transiting through,
anchoring in, or remaining within the regulated area described in
paragraph (a) of this section unless authorized by the COTP Maryland-
National Capital Region or PATCOM.
(2) To seek permission to enter, 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). Those in the regulated area must
comply with all lawful orders or directions given to them by the COTP
Maryland-National Capital Region or PATCOM.
(3) The COTP Maryland-National Capital Region will provide notice
of the regulated area through advanced notice via Fifth Coast Guard
District Local Notice to Mariners, broadcast notice to mariners, and
on-scene official patrols.
(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. June 20, 2020.
Dated: March 26, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2020-06743 Filed 3-31-20; 8:45 am]
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