Special Local Regulation; Potomac River, Between Jones Point, VA, and National Harbor, MD
| Published date | 20 August 2020 |
| Citation | 85 FR 51351 |
| Record Number | 2020-18405 |
| Section | Rules and Regulations |
| Court | Coast Guard,Homeland Security Department |
Federal Register, Volume 85 Issue 162 (Thursday, August 20, 2020)
[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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[[Page 51352]]
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
[[Page 51353]]
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]
BILLING CODE 9110-04-P
