[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Rules and Regulations]
[Pages 28265-28267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11114]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0262]
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 safety zone for 
certain waters of the Potomac River. This action is necessary to 
provide for the safety of life on these navigable waters located 
between Jones Point, VA, and National Harbor, MD, during a swim event 
on June 6, 2021. This regulation prohibits persons and vessels from 
being in the safety zone unless authorized by the Captain of the Port 
Maryland--National Capital Region or the Coast Guard Event Patrol 
Commander.

DATES: This rule is effective from 6:30 a.m. to 11 a.m. on June 6, 
2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0262 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 12, 2021, WaveOne Open Water of Washington, DC, notified 
the Coast Guard that from 7:30 a.m. to 10 a.m. on June 6, 2021, it will 
be conducting the Washington's Crossing 2021, an open water swim 
competition on the Potomac River, downriver of and parallel to, the 
Woodrow Wilson Memorial (I-95/I-495) Bridge. The event is being staged 
out of National Harbor, MD. In response, on April 26, 2021, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled ``Special 
Local Regulation; Potomac River, Between Jones Point, VA, and National 
Harbor, MD'' (86 FR 21985). There we stated why we issued the NPRM, and 
invited comments on our proposed regulatory action related to this swim 
event. During the comment period that ended May 11, 2021, we received 
no comments.
    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 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 2021'' event. This 
rule must be in effect by June 6, 2021, to protect participants and the 
nearby public from potential hazards associated with this event. 
Potential 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.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Maryland--
National Capital Region (COTP) has determined that potential hazards 
associated with the 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 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 
26, 2021. 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 6:30 a.m. through 11 a.m. on June 6, 2021. There is no alternate 
date planned for this event. The regulated area 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 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 event, scheduled from 7:30 a.m. to 10 a.m. on June 6, 2021. The 
COTP and the Coast Guard Event Patrol Commander (PATCOM) will have 
authority to forbid and control the movement of all vessels and 
persons, including event participants, in the regulated area.
    Except for Washington's Crossing 2021 participants and vessels 
already at berth, a vessel or person will be required to get permission 
from the COTP or Event PATCOM before entering the regulated area. 
Vessel operators will be able to request permission to enter and 
transit through the regulated area by contacting the Event PATCOM on 
VHF-FM channel 16. Vessel traffic will be able to safely transit the 
regulated area once the Event 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 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 Event 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

[[Page 28266]]

regulated area. Official patrol vessels will direct non-participants 
while within the regulated 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. 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).
    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 Potomac River for 4.5 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 to seek permission to enter the regulated area, and vessel 
traffic will be able to safely transit the regulated area once the 
Event 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 
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. 
The temporary regulated area will be in effect for 4.5 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 the 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.  100.501T05-0262 to read as follows:

[[Page 28267]]

Sec.  100.501T05-0262  Washington's Crossing 2021, Potomac River, 
Between Jones Point, VA, and 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 Event 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 2021'' 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 Event 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 Event 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 Event 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. to 11 a.m. on June 6, 2021.

    Dated: May 20, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland--National 
Capital Region.
[FR Doc. 2021-11114 Filed 5-25-21; 8:45 am]
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