[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Rules and Regulations]
[Pages 41368-41370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14406]


=======================================================================
-----------------------------------------------------------------------

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: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing temporary 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, on September 27, 2020, during an 
open water swim event. This regulation prohibits persons and vessels 
from being in 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 September 27, 
2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0143 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
SNPRM Supplemental notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard published a notice of proposed rulemaking (NPRM) on 
April 1, 2020 (85 FR 18157), proposing to establish a special local 
regulation for the ``Washington, DC Sharkfest Swim,'' on the Upper 
Potomac River. The Coast Guard published a supplemental notice of 
proposed rulemaking (SNPRM) on May 22, 2020 (85 FR 31099), to amend the 
date of the proposed special local regulation from June 7, 2020, to 
September 27, 2020, and reopened the comment period to account for the 
change. The comment period for the SNPRM closed June 22, 2020. The 
Coast Guard received no comments on either the NPRM or SNPRM.

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 this swim event 
will be a safety concern for anyone intending to operate in or near the 
swim area. The purpose of this rule 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April 
1, 2020, and our SNPRM published May 22, 2020. There are no changes in 
the regulatory text of this rule from the proposed rule in the SNPRM.
    This rule establishes a special local regulation to be enforced 
from 7 a.m. to 11 a.m. on September 27, 2020. 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 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 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 this swim event, scheduled 
from 7:30 a.m. to 10:30 a.m. on September 27, 2020. The COTP and the 
Coast Guard Patrol Commander (PATCOM) 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 will 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 will 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 
will be considered a non-participant. Official

[[Page 41369]]

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 
will be allowed to enter the regulated area or pass directly through 
the regulated area as instructed. Vessels will 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 will be prohibited from loitering within the 
navigable channel. Only participant vessels and official patrol vessels 
will be allowed to enter the swim area.

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.

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 the 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 
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the status of the regulated area. Moreover, the rule will allow 
vessels to seek permission to enter the regulated area, and vessel 
traffic will 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 
regulated area 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 
call or email 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.

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, 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 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 
that could negatively impact the safety of waterway users and shore 
side activities in the event area lasting 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. 1. A 
Memorandum For Record for Categorically Excluded Actions supporting 
this determination is available in the docket. For instructions on 
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to

[[Page 41370]]

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.  100.501T05-0143 to read as follows:


Sec.  100.501T05-0143  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 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. on September 27, 2020.

    Dated: June 29, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2020-14406 Filed 7-9-20; 8:45 am]
BILLING CODE 9110-04-P