Special Local Regulation; Upper Potomac River, National Harbor, MD, 14061-14064 [2019-06949]
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Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Proposed Rules
employee handbook, and other forms
and documents for use in operating the
franchise. The licensing agreement is an
industry-standard document explaining
that B is solely responsible for all dayto-day operations, including hiring and
firing of employees, setting the rate and
method of pay, maintaining records, and
supervising and controlling conditions
of employment. Is A a joint employer of
B’s employees?
(ii) Application. Under these facts, A
is not a joint employer of B’s employees.
A does not exercise direct or indirect
control over B’s employees. Providing
samples, forms, and documents does not
amount to direct or indirect control over
B’s employees that would establish joint
liability.
(9)(i) Example. A retail company
owns and operates a large store. The
retail company contracts with a cell
phone repair company, allowing the
repair company to run its business
operations inside the building in an
open space near one of the building
entrances. As part of the arrangement,
the retail company requires the repair
company to establish a policy of
wearing specific shirts and to provide
the shirts to its employees that look
substantially similar to the shirts worn
by employees of the retail company.
Additionally, the contract requires the
repair company to institute a code of
conduct for its employees stating that
the employees must act professionally
in their interactions with all customers
on the premises. Is the retail company
a joint employer of the repair company’s
employees?
(ii) Application. Under these facts, the
retail company is not a joint employer
of the cell phone repair company’s
employees. The retail company’s
requirement that the repair company
provide specific shirts to its employees
and establish a policy that its employees
to wear those shirts does not, on its
own, demonstrate substantial control
over the repair company’s employees’
terms and conditions of employment.
Moreover, requiring the repair company
to institute a code of conduct or
allowing the repair company to operate
on its premises does not make joint
employer status more or less likely
under the Act. There is no indication
that the retail company hires or fires the
repair company’s employees, controls
any other terms and conditions of their
employment, determines their rate and
method of payment, or maintains their
employment records.
§ 791.3
Severability.
If any provision of this part is held to
be invalid or unenforceable by its terms,
or as applied to any person or
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circumstance, or stayed pending further
agency action, the provision shall be
construed so as to continue to give the
maximum effect to the provision
permitted by law, unless such holding
shall be one of utter invalidity or
unenforceability, in which event the
provision shall be severable from part
791 and shall not affect the remainder
thereof.
Signed at Washington, DC, this 29th day of
March, 2019.
Keith E. Sonderling,
Acting Administrator, Wage and Hour
Division.
[FR Doc. 2019–06500 Filed 4–8–19; 8:45 am]
BILLING CODE 4510–27–P
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish special local regulations for
certain waters of the Upper Potomac
River. This action is necessary to
provide for the safety of life on these
navigable waters located at National
Harbor, MD, during a swim event on the
morning of June 23, 2019. This rule
would 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. We
invite your comments on this proposed
rule.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 9, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0203 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Mr. Ron
Houck, U.S. Coast Guard Sector
Maryland-National Capital Region;
FOR FURTHER INFORMATION CONTACT:
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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
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
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. The inaugural open water
amateur swim race consists of
approximately 250 adult and youth
athletes competing on a marked
trapezoid course with three designated
swim distances, including 1 Km, 2 Km
and 4 Km. The course starts and finishes
at the end of the commercial pier at
National Harbor, MD. 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. The Captain of the Port
(COTP) Maryland-National Capital
Region has determined that potential
hazards associated with the swim would
be a safety concern for anyone intending
to participate in this event or for vessels
that operate within specified waters of
the Upper Potomac River.
The purpose of this rulemaking is to
protect event participants, spectators
and transiting vessels on certain waters
of the Upper Potomac River before,
during, and after the scheduled event.
The Coast Guard proposes this
rulemaking under authority in 46 U.S.C.
70041, which authorizes the Coast
Guard to establish and define special
local regulations.
III. Discussion of Proposed Rule
The COTP Maryland-National Capital
Region proposes to establish special
local regulations from 7 a.m. through 11
a.m. on June 23, 2019. There is no
alternate date planned for this event.
The regulated area would cover 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°47′30.30″ N, longitude 077°01′26.70
W, thence west to latitude 38°47′30.00″
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N, longitude 077°01′37.30″ W, thence
south to latitude 38°47′08.20″ N,
longitude 077°01′37.30″ W, thence east
to latitude 38°47′09.00″ N, longitude
077°01′09.20″ W, thence southeast along
the pier to latitude 38°47′06.30″ N,
longitude 077°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. The regulated area is
approximately 1,210 yards in length and
740 yards in width.
The proposed 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. The COTP
and the Coast Guard Patrol Commander
(PATCOM) would have authority to
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 would be required to
immediately comply with the directions
given by the COTP or PATCOM. If a
person or vessel fails to follow such
directions, the Coast Guard may expel
them from the area, issue them a
citation for failure to comply, or both.
Except for Washington DC Sharkfest
Swim participants and vessels already
at berth, a vessel or person would be
required to get permission from the
COTP or PATCOM before entering the
regulated area. Vessel operators can
request permission to enter and transit
through the regulated area by contacting
the PATCOM on VHF–FM channel 16.
Vessel traffic would be able to safely
transit the regulated area once the
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 would be
considered a spectator. 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 PATCOM, a person or vessel would
be allowed to enter the regulated area or
pass directly through the regulated area
as instructed. Vessels would be required
to operate at a safe speed that minimizes
wake while within the regulated area.
Official patrol vessels will direct
spectator vessels while within the
regulated area. Vessels would be
prohibited from loitering within the
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navigable channel. Only participant
vessels and official patrol vessels would
be allowed to enter the race area.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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
would 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 marine 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 certifies under 5 U.S.C.
605(b) that this proposed rule would 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 IV.A above,
this proposed rule would not have a
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significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
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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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed 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 made a
preliminary determination 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 proposed 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 lasting for
four hours. Normally such actions are
categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
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document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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 proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR
1.05–1.
2. Add § 100.501T05–0203 to read as
follows:
■
§ 100.501T05–0203 Special Local
Regulation; Upper Potomac River, National
Harbor, MD.
(a) Definitions. As used in this
section:
Captain of the Port (COTP) MarylandNational 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,
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14063
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°47′30.30″
N, longitude 077°01′26.70 W, thence
west to latitude 38°47′30.00″ N,
longitude 077°01′37.30″ W, thence
south to latitude 38°47′08.20″ N,
longitude 077°01′37.30″ W, thence east
to latitude 38°47′09.00″ N, longitude
077°01′09.20″ W, thence southeast along
the pier to latitude 38°47′06.30″ N,
longitude 077°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
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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: April 2, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
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
§ Section
U.S.C. United States Code
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
II. Background, Purpose, and Legal
Basis
33 CFR Part 165
[Docket Number USCG–2019–0193]
RIN 1625–AA00
Safety Zones; July 4th Holiday
Fireworks in the Coast Guard Captain
of the Port Maryland-National Capital
Region Zone
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
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The Coast Guard is proposing
to establish three temporary safety zones
for certain waters within the Captain of
the Port Maryland-National Capital
Region Zone. This action is necessary to
provide for the safety of life on these
navigable waters of the Severn River at
Sherwood Forest, MD, on July 3, 2019,
SUMMARY:
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If
you have questions about this proposed
rulemaking, call or email Mr. Ron
Houck, Sector Maryland-National
Capital Region Waterways Management
Division, U.S. Coast Guard; telephone
410–576–2674, email Ronald.L.Houck@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
[FR Doc. 2019–06949 Filed 4–8–19; 8:45 am]
ACTION:
(with alternate date of July 5, 2019), the
Middle River in Baltimore County, MD,
on July 6, 2019, (with alternate date of
July 7, 2019), and the Susquehanna
River at Havre de Grace, MD, on July 6,
2019, (with alternate date of July 7,
2019), during fireworks displays to
commemorate the July 4th holiday. This
proposed rulemaking would prohibit
persons and vessels from being in the
safety zones unless authorized by the
Captain of the Port Maryland-National
Capital Region or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 9, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0193 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
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The Sherwood Forest Club, Inc., of
Sherwood Forest, MD, notified the Coast
Guard that it will be conducting a
fireworks display on July 3, 2019, at
9:20 p.m. The private fireworks display
is to be launched from the end of the
Sherwood Forest Club main pier,
located adjacent to the Severn River,
approximately 200 yards east of Brewer
Pond in Sherwood Forest, MD. In the
event of inclement weather, the
fireworks display will be scheduled for
July 5, 2019. Hazards from the fireworks
displays include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. The
COTP Maryland-National Capital
Region has determined that potential
hazards associated with the fireworks to
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be used in this display would be a safety
concern for anyone within 150 yards of
the fireworks discharge site.
The Marine Trades Association of
Baltimore County, Inc. of Baltimore,
MD, notified the Coast Guard that it will
be conducting a fireworks display on
July 6, 2019, at 9:15 p.m. The private
fireworks display is to be launched from
a fireworks barge located in the Middle
River, approximately 300 yards
southeast of Wilson Point in Baltimore
County, MD. In the event of inclement
weather, the fireworks display will be
scheduled for July 7, 2019. Hazards
from the fireworks displays include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris. The COTP
Maryland-National Capital Region has
determined that potential hazards
associated with the fireworks to be used
in this display would be a safety
concern for anyone within 200 yards of
the fireworks barge.
The 2019 Independence Day
Commission of Havre de Grace, MD,
notified the Coast Guard that it will be
conducting a fireworks display on July
6, 2019, at 9:15 p.m. The public
fireworks display is to be launched from
a fireworks barge located in the
Susquehanna River, approximately 300
yards southeast of Concord Point in
Havre de Grace, MD. In the event of
inclement weather, the fireworks
display will be scheduled for July 7,
2019. Hazards from the fireworks
displays include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. The
COTP Maryland-National Capital
Region has determined that potential
hazards associated with the fireworks to
be used in these displays would be a
safety concern for anyone within 200
yards of the fireworks barge.
The purpose of this rulemaking is to
ensure the safety of vessels on the
navigable waters of the Severn River
within 150 yards of the fireworks
discharge site, the Middle River within
200 yards of the fireworks barge, and the
Susquehanna River within 200 yards of
the fireworks barge before, during, and
after the scheduled events. The Coast
Guard proposes this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP proposes to establish three
temporary safety zones for certain
waters within the Captain of the Port
Maryland-National Capital Region Zone,
as described in 33 CFR 3.25–15. This
rule would be effective from 8:30 a.m.
on July 3, 2019, through 10:30 p.m. on
July 7, 2019, and would be enforced
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]]>Agencies
[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Proposed Rules]
[Pages 14061-14064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06949]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish special local
regulations for certain waters of the Upper Potomac River. This action
is necessary to provide for the safety of life on these navigable
waters located at National Harbor, MD, during a swim event on the
morning of June 23, 2019. This rule would 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. We invite your comments on this proposed rule.
DATES: Comments and related material must be received by the Coast
Guard on or before May 9, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0203 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, 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, Purpose, and Legal Basis
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. The inaugural open
water amateur swim race consists of approximately 250 adult and youth
athletes competing on a marked trapezoid course with three designated
swim distances, including 1 Km, 2 Km and 4 Km. The course starts and
finishes at the end of the commercial pier at National Harbor, MD.
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. The Captain of the Port (COTP) Maryland-National Capital
Region has determined that potential hazards associated with the swim
would be a safety concern for anyone intending to participate in this
event or for vessels that operate within specified waters of the Upper
Potomac River.
The purpose of this rulemaking is to protect event participants,
spectators and transiting vessels on certain waters of the Upper
Potomac River before, during, and after the scheduled event. The Coast
Guard proposes this rulemaking under authority in 46 U.S.C. 70041,
which authorizes the Coast Guard to establish and define special local
regulations.
III. Discussion of Proposed Rule
The COTP Maryland-National Capital Region proposes to establish
special local regulations from 7 a.m. through 11 a.m. on June 23, 2019.
There is no alternate date planned for this event. The regulated area
would cover 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''
[[Page 14062]]
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. The regulated area is approximately 1,210 yards in
length and 740 yards in width.
The proposed 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. The COTP and
the Coast Guard Patrol Commander (PATCOM) would have authority to
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 would be
required to immediately comply with the directions given by the COTP or
PATCOM. If a person or vessel fails to follow such directions, the
Coast Guard may expel them from the area, issue them a citation for
failure to comply, or both.
Except for Washington DC Sharkfest Swim participants and vessels
already at berth, a vessel or person would be required to get
permission from the COTP or PATCOM before entering the regulated area.
Vessel operators can request permission to enter and transit through
the regulated area by contacting the PATCOM on VHF-FM channel 16.
Vessel traffic would be able to safely transit the regulated area once
the 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
would be considered a spectator. 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 PATCOM, a person or vessel
would be allowed to enter the regulated area or pass directly through
the regulated area as instructed. Vessels would be required to operate
at a safe speed that minimizes wake while within the regulated area.
Official patrol vessels will direct spectator vessels while within the
regulated area. Vessels would be prohibited from loitering within the
navigable channel. Only participant vessels and official patrol vessels
would be allowed to enter the race area.
The regulatory text we are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 would 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 marine 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 certifies under 5 U.S.C. 605(b) that this
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
[[Page 14063]]
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made a preliminary
determination 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 proposed 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
lasting for four hours. Normally such actions are categorically
excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 01. We seek any comments
or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
to amend 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 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
[[Page 14064]]
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: April 2, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-06949 Filed 4-8-19; 8:45 am]
BILLING CODE 9110-04-P
