[Federal Register Volume 84, Number 98 (Tuesday, May 21, 2019)]
[Rules and Regulations]
[Pages 22969-22971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10584]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0203]
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 special local regulations for 
certain waters of the Upper Potomac River. This action is necessary to 
provide for the safety of life on the navigable waters located at 
National Harbor, MD, during a swim event on the morning of June 23, 
2019. This regulation prohibits 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 7 a.m. to 11 a.m. on June 23, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0203 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 Ronald.L.Houck@uscg.mil.

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

    Enviro-Sports Productions, Inc. of Stinson Beach, CA, notified the 
Coast Guard that it will be conducting the Washington DC Sharkfest Swim 
between 7:30 a.m. and 10:30 a.m. on June 23, 2019, along a course that 
starts and finishes at the end of the commercial pier at National 
Harbor, MD. In response, on April 9, 2019, the Coast Guard published a 
notice of proposed rulemaking (NPRM) entitled ``Special Local 
Regulation; Upper Potomac River, National Harbor, MD'' (84 FR 14061). 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this open water swim event. 
During the comment period that ended May 9, 2019, we received no 
comments.

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 the power boat 
racing event will be a safety concern for anyone intending to operate 
in or near the event area. The purpose of this rule is to protect event 
participants, spectators, and transiting vessels on specified 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 
9, 2019. 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 7 a.m. through 11 a.m. on June 23, 2019. There is no alternate 
date planned for this event. 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 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, located at National Harbor, MD. 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, scheduled from 7:30 a.m. to 
10:30 a.m. on June 23, 2019.
    Except for participants and vessels already at berth, a person or 
vessel within the regulated area at the start of enforcement of this 
regulation must immediately depart the regulated area. A person or 
vessel that desires to transit, moor, or anchor within the regulated 
area must obtain authorization from the COTP Maryland-National Capital 
Region or PATCOM. A person or vessel seeking such permission can 
contact the COTP Maryland-National Capital Region at telephone number 
410-576-2693 or on VHF-FM channel 16, or the PATCOM on VHF-FM channel 
16 and channel 22A. A vessel within the regulated area must operate at 
a safe speed that minimizes wake. Official Patrols are 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. If permission is granted, the 
person or vessel must pass directly through the regulated area as 
instructed by PATCOM. Official Patrols enforcing this regulated area 
can be contacted on VHF-FM channel 16 and channel 22A. A person or 
vessel not registered with the event sponsor as a participant or 
assigned as official patrols would be considered a spectator. Official 
Patrols will direct spectator vessels while within the regulated area. 
A spectator vessel must not loiter within the navigable channel while 
within the regulated area. 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.

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.

[[Page 22970]]

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, 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 
would issue a Broadcast Notice to Mariners via VHF-FM 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 
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 
contact 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. If 
you believe this 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 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 and Commandant Instruction M16475.1D, 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 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. 01. A 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

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.

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.  100.501T05-0203 to read as follows:


Sec.  100.501T05-0203  Special Local Regulation; Upper Potomac River, 
National Harbor, MD.

    (a) Definitions. As used in this section:
    Captain of the Port (COTP) Maryland-National Capital Region means 
the Commander, U.S. Coast Guard Sector

[[Page 22971]]

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 a person or vessel registered with the event 
sponsor as participating in the Washington DC Sharkfest Swim or 
otherwise designated by the event sponsor as having a function tied to 
the event.
    Spectator means a person or vessel not registered with the event 
sponsor as participants or assigned as official patrols.
    (b) Location. The following location is a regulated 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. All coordinates reference Datum NAD 1983.
    (c) Special local regulations. (1) The COTP Maryland-National 
Capital Region or PATCOM may forbid and control the movement of all 
vessels and persons, including event participants, in the regulated 
area. When hailed or signaled by an official patrol, a vessel or person 
in the regulated area shall immediately comply with the directions 
given by the patrol. Failure to do so may result in the Coast Guard 
expelling the person or vessel from the area, issuing a citation for 
failure to comply, or both. The COTP Maryland-National Capital Region 
or PATCOM may terminate the event, or a participant's operations at any 
time the COTP Maryland-National Capital Region or PATCOM believes it 
necessary to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person 
or vessel within the regulated area at the start of enforcement of this 
section must immediately depart the regulated area.
    (3) A spectator must contact the PATCOM to request permission to 
either enter or pass through the regulated area. The PATCOM, and 
official patrol vessels enforcing this regulated area, can be contacted 
on marine band radio VHF-FM channel 16 (156.8 MHz) and channel 22A 
(157.1 MHz). If permission is granted, the spectator 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. A 
spectator vessel must not loiter within the navigable channel while 
within the regulated area.
    (4) A person or vessel that desires to transit, moor, or anchor 
within the regulated area must obtain authorization from the COTP 
Maryland-National Capital Region or PATCOM. A person or vessel seeking 
such permission can 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).
    (5) 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.
    (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 June 23, 2019.

    Dated: May 16, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2019-10584 Filed 5-20-19; 8:45 am]
 BILLING CODE 9110-04-P


