
[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Rules and Regulations]
[Pages 38577-38580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15376]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0114]
RIN 1625-AA08


Special Local Regulations; Red Bull Flugtag National Harbor 
Event, Potomac River; National Harbor Access Channel, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations 
during the ``Red Bull Flugtag National Harbor event'', to be held on 
the waters of the Potomac River on September 21, 2013. These special 
local regulations are necessary to provide for the safety of life on 
navigable waters during the event. These special local regulations will 
establish an event area, where all persons and vessels, except those 
persons and vessels participating in the Flugtag event, are prohibited 
from entering, transiting through, anchoring in or remaining within, 
and a spectator area, where all vessels are prohibited from transiting 
in excess of wake speed, unless authorized by the Captain of the Port 
Baltimore or his designated representative. This action is intended to 
temporarily restrict vessel traffic in a portion of the Potomac River 
during the event.

DATES: This rule is effective from 9 a.m. until 7 p.m. on September 21, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0114]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; 
telephone 410-576-2674, email Ronald.L.Houck@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Barbara 
Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On March 26, 2013, we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulations; Red Bull Flugtag National 
Harbor Event, Potomac River; National Harbor Access Channel, MD'' in 
the Federal Register (78 FR 18274). We received no comments on the 
proposed rule. No public meeting was requested, and none was held.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233. The purpose of the 
rule is to ensure safety of life on navigable waters of the United 
States during the Red Bull Flugtag National Harbor event.
    On September 21, 2013, The Peterson Companies of National Harbor, 
Maryland, is sponsoring the Red Bull Flugtag National Harbor event, a 
competition held along the Potomac River at National Harbor, Maryland. 
Approximately 30 competing teams will operate homemade, human-powered 
flying devices launched from a ramp constructed at National Harbor, 
located downriver from the Woodrow Wilson Memorial (I-495/I-95) Bridge, 
in Maryland. The competitors will be supported by sponsor-provided 
watercraft. The sponsor estimates 10,000 spectators during the event. 
The Coast Guard anticipates a large spectator vessel fleet present 
during the event.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in response to the NPRM. No 
public meeting was requested and none was held.
    The Coast Guard is establishing special local regulations on 
specified waters of the Potomac River. The regulations will be 
effective from 9 a.m. to 7 p.m. on September 21, 2013. The regulated 
area, approximately 600 yards in length and 500 yards in width and 
extends across the entire width of the National Harbor Access Channel, 
includes all waters of the Potomac River, contained within lines 
connecting the following points: From the shoreline at position 
latitude 38[deg]46'51'' N, longitude 077[deg]01'31'' W, thence 
northerly to position latitude 38[deg]47'02'' N, longitude 
077[deg]01'35'' W, thence easterly to position latitude 38[deg]47'05'' 
N, longitude 077[deg]01'22'' W, thence southeasterly to the shoreline 
at position latitude 38[deg]46'56'' N, longitude 077[deg]01'07'' W. An 
event area and a designated spectator area exist within this regulated 
area. The event area, where all persons and vessels, except those 
persons and vessels participating in the competition, are prohibited 
from entering, transiting through, anchoring in, or remaining within, 
includes all waters of the Potomac River, contained within lines 
connecting the following points: From the shoreline at position 
latitude 38[deg]46'51'' N, longitude 077[deg]01'31'' W, thence 
northerly to position latitude 38[deg]46'52'' N, longitude 
077[deg]01'31'' W, thence easterly to position latitude 38[deg]46'54'' 
N, longitude 077[deg]01'17'' W, thence northerly to position latitude 
38[deg]46'59'' N, longitude 077[deg]01'14'' W, thence southeasterly to 
the shoreline at position latitude 38[deg]46'56'' N, longitude 
077[deg]01'07'' W. The designated spectator area, where all vessels are 
prohibited from transiting in excess of wake speed unless authorized by 
the Captain of the Port Baltimore or his designated representative and 
persons and vessels may request

[[Page 38578]]

authorization to enter, transit through, anchor in, or remain within, 
includes all waters of the Potomac River, within lines connecting the 
following positions: from 38[deg]46'53'' N, longitude 077[deg]01'32'' 
W, thence northerly to latitude 38[deg]47'02'' N, longitude 
077[deg]01'35'' W, thence easterly to position latitude 38[deg]47'05'' 
N, longitude 077[deg]01'22'' W, thence southeasterly to position 
latitude 38[deg]47'02'' N, longitude 077[deg]01'16'' W, thence 
southwesterly to position latitude 38[deg]46'58'' N, longitude 
077[deg]01'18'' W, thence southwesterly to position latitude 
38[deg]46'55'' N, longitude 077[deg]01'22'' W, thence westerly to 
position latitude 38[deg]46'53'' N, longitude 077[deg]01'32'' W.
    The effect of this rule will be to restrict general navigation in 
the regulated area during the event. Vessels intending to transit the 
Potomac River through the regulated area, including the National Harbor 
Access Channel, will only be allowed to safely transit the regulated 
area when the Coast Guard Patrol Commander has deemed it safe to do so. 
Due to the need for vessel control during the event, the Coast Guard 
will temporarily restrict vessel traffic in the event area to provide 
for the safety of participants, spectators and other transiting 
vessels. The Coast Guard will provide notice of the special local 
regulations by Local Notice to Mariners, Broadcast Notice to Mariners, 
and on-scene designated representatives.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulations will be enforced 
for only 10 hours; (2) although persons and vessels will not be able to 
enter, transit through, anchor in, or remain within the event area, 
without authorization from the Captain of the Port Baltimore or his 
designated representative, they may operate in the surrounding area 
during the enforcement period; (3) persons and vessels may still enter, 
transit through, anchor in, or remain within the designated spectator 
area during the enforcement period; (4) persons and vessels may still 
enter and transit through the National Harbor Access Channel, within 
the regulated area during the enforcement period, with prior 
authorization from the Captain of the Port Baltimore or his designated 
representative and without loitering; and (5) the Coast Guard will 
provide advance notification of the special local regulations to the 
local maritime community by Local Notice to Mariners and Broadcast 
Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 rule. 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.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of Potomac 
River encompassed within the special local regulations from 9 a.m. 
until 7 p.m. on September 21, 2013. For the reasons discussed in the 
Regulatory Planning and Review section above, this rule will not have a 
significant economic impact on a substantial number of small entities.

3. Assistance for Small Entities

    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, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

[[Page 38579]]

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 special local regulations issued in 
conjunction with a regatta or marine parade. This rule is categorically 
excluded from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES.

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:  33 U.S.C. 1233.


0
2. Add Sec.  100.35-T05-0114 to read as follows:


Sec.  100.35-T05-0114  Special Local Regulations; Red Bull Flugtag 
National Harbor Event, Potomac River; National Harbor Access Channel, 
MD.

    (a) Regulated areas. The following regulated areas are established 
as special local regulations. All coordinates are North American Datum 
1983.
    (1) Regulated area. All waters of the Potomac River, contained 
within lines connecting the following points: from the shoreline at 
position latitude 38[deg]46'51'' N, longitude 077[deg]01'31'' W, thence 
northerly to position latitude 38[deg]47'02'' N, longitude 
077[deg]01'35'' W, thence easterly to position latitude 38[deg]47'05'' 
N, longitude 077[deg]01'22'' W, thence southeasterly to the shoreline 
at position latitude 38[deg]46'56'' N, longitude 077[deg]01'07'' W.
    (2) Event area. All waters of the Potomac River, contained within 
lines connecting the following points: From the shoreline at position 
latitude 38[deg]46'51'' N, longitude 077[deg]01'31'' W, thence 
northerly to position latitude 38[deg]46'52'' N, longitude 
077[deg]01'31'' W, thence easterly to position latitude 38[deg]46'54'' 
N, longitude 077[deg]01'17'' W, thence northerly to position latitude 
38[deg]46'59'' N, longitude 077[deg]01'14'' W, thence southeasterly to 
the shoreline at position latitude 38[deg]46'56'' N, longitude 
077[deg]01'07'' W.
    (3) Designated spectator area. All waters of the Potomac River, 
within lines connecting the following positions: From 38[deg]46'53'' N, 
longitude 077[deg]01'32'' W, thence northerly to latitude 
38[deg]47'02'' N, longitude 077[deg]01'35'' W, thence easterly to 
position latitude 38[deg]47'05'' N, longitude 077[deg]01'22'' W, thence 
southeasterly to position latitude 38[deg]47'02'' N, longitude 
077[deg]01'16'' W, thence southwesterly to position latitude 
38[deg]46'58'' N, longitude 077[deg]01'18'' W, thence southwesterly to 
position latitude 38[deg]46'55'' N, longitude 077[deg]01'22'' W, thence 
westerly to position latitude 38[deg]46'53'' N, longitude 
077[deg]01'32'' W.
    (b) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the U.S. Coast Guard who has 
been designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Baltimore with a commissioned, warrant, 
or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant means all persons and vessels participating in the 
Red Bull Flugtag National Harbor event under the auspices of the Marine 
Event Permit issued to the event sponsor and approved by Commander, 
Coast Guard Sector Baltimore.
    (4) Spectator means all persons and vessels not registered with the 
event sponsor as participants or official patrol.
    (c) Special local regulations. (1) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels and persons in the 
regulated area. When hailed or signaled by an official patrol vessel, a 
vessel or person in the regulated area shall immediately comply with 
the directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (2) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any participant in the event, at any time it is deemed 
necessary for the protection of life or property.
    (3) All Coast Guard vessels enforcing this regulated area can be 
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
    (4) Only participants and official patrol are allowed to enter the 
event area.
    (5) Spectators are allowed inside the regulated area only if they 
remain within the designated spectator area. Spectators will be 
permitted to anchor within the designated spectator area. No vessel may 
anchor within the regulated area outside the designated spectator area. 
Spectators may contact the Coast Guard Patrol Commander to request 
permission to pass through the regulated area. If permission is 
granted, spectators must pass directly through the regulated area, 
outside the event area, at a safe speed and without loitering.
    (6) 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.

[[Page 38580]]

    (d) Enforcement period. This section will be enforced from 9 a.m. 
until 7 p.m. on September 21, 2013.


    Dated: May 1, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-15376 Filed 6-26-13; 8:45 am]
BILLING CODE 9110-04-P


