Special Local Regulation; Upper Potomac River, National Harbor, MD, 22969-22971 [2019-10584]
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Federal Register / Vol. 84, No. 98 / Tuesday, May 21, 2019 / Rules and Regulations
List of Subjects in 22 CFR Part 41
Aliens, Foreign officials, Immigration,
Passports and visas, Students.
Regulatory Findings
The Regulatory Findings included in
the final rule are incorporated herein.
Executive Order 13771
This rule is not subject to the
requirements of E.O. 13771 (82 FR 9339,
February 3, 2017) because it is issued
with respect to a foreign affairs function
of the United States.
Accordingly, for the reasons stated in
the preamble, the final rule published
on October 20, 2016, remains
unchanged, and the amendments issued
in the final rule became effective on
November 29, 2016. See 81 FR at 72523.
Carl C. Risch,
Assistant Secretary, Consular Affairs, U.S.
Department of State.
[FR Doc. 2019–10528 Filed 5–20–19; 8:45 am]
BILLING CODE 4710–06–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.
Temporary final rule.
AGENCY:
ACTION:
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
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SUMMARY:
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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
§ 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°47′30.30″ N,
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22969
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, 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.
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Federal Register / Vol. 84, No. 98 / Tuesday, May 21, 2019 / Rules and Regulations
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.
jbell on DSK3GLQ082PROD with RULES
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
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Jkt 247001
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
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Fmt 4700
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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
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
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Federal Register / Vol. 84, No. 98 / Tuesday, May 21, 2019 / Rules and Regulations
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°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.
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(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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0314]
Safety Zone; Chicago Harbor, Navy
Pier Southeast, Chicago, IL
AGENCY:
PO 00000
Coast Guard, DHS.
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22971
Notice of enforcement of
regulation.
ACTION:
The Coast Guard will enforce
the Navy Pier Southeast Safety Zone
within the Chicago Harbor during
specified times from May 25, 2019
through January 1, 2020. This action is
necessary and intended to protect safety
of life and property on navigable waters
prior to, during, and immediately after
firework displays. During the
enforcement periods listed below, entry
into, transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port,
Lake Michigan or a designated
representative.
DATES: The regulation in 33 CFR
165.931 will be enforced at the times
specified below in SUPPLEMENTARY
INFORMATION from May 25, 2019 through
January 1, 2020.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email LT John
Ramos, Waterways Management
Division, Marine Safety Unit Chicago,
U.S. Coast Guard; telephone (630) 986–
2155, email D09-DG-MSUChicagoWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce Safety Zone; Chicago
Harbor, Navy Pier Southeast, Chicago,
IL listed in 33 CFR 165.931, from 10:10
p.m. through 10:30 p.m. each Saturday
from May 25, 2019 through August 31,
2019, and from 9:25 p.m. through 9:45
p.m. each Wednesday from May 29,
2019 through August 28, 2019.
Additionally, this safety zone will be
enforced from 9:20 p.m. through 10 p.m.
on July 4, 2019, and from 11:45 p.m. on
December 31, 2019 through 12:30 a.m.
on January 1, 2020.
This safety zone encompasses all
waters of Lake Michigan within Chicago
Harbor bounded by coordinates
beginning at 41°53′23.3″ N, 087°36′04.5″
W; then south to 41°53′11.8″ N,
087°36′04.1″ W; then west to
41°53′12.1″ N, 087°35′40.5″ W; then
north to 41°53′23.6″ N, 087°35′40.07″ W;
then east back to the point of origin
(NAD 83). Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port, Lake Michigan or a
designated on-scene representative.
This notice of enforcement is issued
under authority of 33 CFR 165.931 and
5 U.S.C. 552(a). In addition to this
notification in the Federal Register, the
Coast Guard will provide the maritime
community with advance notification of
the above-specified enforcement periods
of this safety zone via Broadcast Notice
to Mariners and Local Notice to
SUMMARY:
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]]>Agencies
[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 [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
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
