[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
[Rules and Regulations]
[Pages 51351-51354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18405]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0245]
RIN 1625-AA08


Special Local Regulation; Potomac River, Between Jones Point, VA, 
and National Harbor, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for certain waters of the Potomac River. This action is 
necessary to provide for the safety of life on these navigable waters 
located at Washington, DC, during a swim event on August 23, 2020. This 
rule will prohibit 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 6:30 a.m. to 11 a.m. on August 23, 
2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0245 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

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because an NPRM would be impracticable and 
contrary to the public interest. On April 20, 2020, WaveOne Open Water 
of Washington, DC, notified the Coast Guard that it will be conducting 
``Washington's Crossing: Swim Across the Potomac'' from 7:30 a.m. to 10 
a.m. on August 23, 2020. The swim event consists of approximately 175 
participating swimmers competing on a designated, marked course located 
in National Harbor on the Potomac River, downriver of the Wilson Bridge 
in Washington, DC. We must establish this safety zone by August 23, 
2020, to ensure the safety of particpants and nearby waterway users. 
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.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to respond to the potential safety 
hazards associated with the ``Washington's Crossing: Swim Across the 
Potomac'' event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector 
Maryland-National Capital Region (COTP) has determined that potential 
hazards associated with the swim event to be held August 23, 2020, will 
be a safety concern for anyone intending to participate in the event 
and for vessels that operate within and near the specified waters of 
the Potomac River. The purpose of this rule is to ensure the safety of 
vessels and the navigable waters in the regulated area before, during 
and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 6:30 a.m. to 
11 a.m. on August 23, 2020. The special local regulation will cover all 
navigable waters of the Potomac River, encompassed by a line connecting 
the following points, beginning at Jones Point Park, VA, shoreline at 
latitude 38[deg]47'35'' N, longitude 077[deg]02'22'' W, thence east 
along the northern extent of the Woodrow Wilson Memorial (I-495/I-95) 
Bridge, at mile 103.8, to the Rosilie Island shoreline at latitude 
38[deg]47'36'' N, longitude 077[deg]01'32'' W, thence south along the 
Maryland shoreline to latitude 38[deg]46'52'' N, longitude 
077[deg]01'13'' W, at National Harbor, MD shoreline, thence west across 
the Potomac River to the George Washington Memorial Parkway highway 
overpass and Cameron Run shoreline at latitude 38[deg]47'23'' N, 
longitude 077[deg]03'03'' W, thence north along the Virginia shoreline 
to the point of origin. The duration of the zone is intended to ensure 
the safety of vessels and these navigable waters before, during, and 
after the scheduled 7:30 a.m. to 10 a.m. swim event. No vessel or 
person will be permitted to enter the regulated area without obtaining 
permission from the COTP or a designated representative.

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 size, location and 
duration of the regulated area, which would impact a small designated 
area of the Potomac River for less than 5 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 
and persons to seek permission to enter the regulated area.

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 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

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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 for less than 5 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 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 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.T05-0245 to read as follows:


Sec.  100.T05-0245  Washington's Crossing: Swim Across the Potomac, 
Potomac River, National Harbor, MD.

    (a) Regulated area. The regulations in this section apply to the 
following area: All navigable waters of the Potomac River, encompassed 
by a line connecting the following points, beginning at Jones Point 
Park, VA, shoreline at latitude 38[deg]47'35'' N, longitude 
077[deg]02'22'' W, thence east along the northern extent of the Woodrow 
Wilson Memorial (I-495/I-95) Bridge, at mile 103.8, to the Rosilie 
Island shoreline at latitude 38[deg]47'36'' N, longitude 
077[deg]01'32'' W, thence south along the Maryland shoreline to 
latitude 38[deg]46'52'' N, longitude 077[deg]01'13'' W, at National 
Harbor, MD shoreline, thence west across the Potomac River to the 
George Washington Memorial Parkway highway overpass and Cameron Run 
shoreline at latitude 38[deg]47'23'' N, longitude 077[deg]03'03'' W, 
thence north along the Virginia shoreline to the point of origin. 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's Crossing: Swim Across 
the Potomac'' swim event, or otherwise designated by the event sponsor 
as having a function tied to the event.
    (c) Regulations. (1) Except for participants and vessels already at 
berth, all non-participants are prohibited from entering, transiting

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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). If permission is granted, the 
non-participant may enter the regulated area or 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. 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 6:30 
a.m. through 11 a.m. on August 23, 2020.

    Dated: August 17, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2020-18405 Filed 8-19-20; 8:45 am]
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