Special Local Regulation; Upper Potomac River, National Harbor, MD, 18157-18160 [2020-06743]
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Federal Register / Vol. 85, No. 63 / Wednesday, April 1, 2020 / Proposed Rules
Proposed rule and request for
comment.
ACTION:
Pursuant to the provisions of
the Privacy Act of 1974, notice is given
that the Board of Governors of the
Federal Reserve System (Board)
proposes to amend its regulation
implementing the Privacy Act of 1974
(Privacy Act Rule). The Board is
proposing to add a new system of
records entitled BGFRS–43, ‘‘FRB—
Security Sharing Platform,’’ to those
identified as an ‘‘exempt’’ system of
records. Notice of this new system of
records is published elsewhere in this
issue of the Federal Register.
DATES: Comments must be received on
or before May 1, 2020.
ADDRESSES: You may submit comments,
identified by Docket Number R–1704
and RIN 7100–AF74 by any of the
following methods:
• Agency website: https://
www.federalreserve.gov. Follow the
instructions for submitting comments at
https://www.federalreserve.gov/apps/
foia/proposedregs.aspx.
• Email: regs.comments@
federalreserve.gov. Include docket
number in the subject line of the
message.
• Fax: (202) 452–3819 or (202) 452–
3102.
• Mail: Ann E. Misback, Secretary,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue NW, Washington,
DC 20551.
All public comments will be made
available on the Board’s website at
https://www.federalreserve.gov/apps/
foia/proposedregs.aspx as submitted,
unless modified for technical reasons or
to remove sensitive personally
identifiable information. Public
comments may also be viewed
electronically or in paper in Room 146,
1709 New York Avenue NW,
Washington, DC 20006, between 9:00
a.m. and 5:00 p.m. on weekdays.
FOR FURTHER INFORMATION CONTACT:
David B. Husband, Counsel, (202) 530–
6270, or david.b.husband@frb.gov; Legal
Division, Board of Governors of the
Federal Reserve System, 20th Street and
Constitution Avenue NW, Washington,
DC 20551.
SUPPLEMENTARY INFORMATION: The Board
last revised its Rules Regarding Access
to Personal Information under the
Privacy Act (the Board’s Privacy Act
Rule), 12 CFR part 261a, in 2010. See75
FR 63703 (October 18, 2010). The
Privacy Act Rule sets forth the
procedures for individuals requesting to
access or amend information about
themselves contained in a system of
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SUMMARY:
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records maintained by the Board. It also
sets out the procedures by which an
individual may appeal an adverse
determination of a request for access or
amendment and identifies the systems
of records that are exempt from certain
provisions of the Privacy Act.
The Board is establishing a new
system of records, BGFRS–43, ‘‘FRB—
Security Sharing Platform’’ published
elsewhere in this issue of the Federal
Register. The new system of records
maintains records relating to the
Security Sharing Platform that will
allow the Board and the twelve Federal
Reserve Banks (collectively, ‘‘the
Federal Reserve System’’) to share
information regarding individuals who
are involved in incidents or events that
may affect the safety and security of the
premises, grounds, property, personnel,
and operations of the Federal Reserve
System.
The Board proposes to amend its
existing list of exempt system of records
to add BGFRS–43, ‘‘FRB—Security
Sharing Platform,’’ as an exempt system
of records pursuant to 5 U.S.C.
552a(k)(2), which exempts the listed
systems from certain provisions of the
Privacy Act to the extent that the system
contains investigatory material
compiled for law enforcement purposes.
The Security Sharing Platform system of
records contains investigatory material
compiled for law enforcement purposes
as it will collect, maintain, and permit
the sharing by Federal Reserve System
law enforcement personnel of
information necessary to protect the
security and safety of the System’s
premises, grounds, property, personnel,
and operations. Law enforcement
personnel may use the collected
information to conduct investigations,
as appropriate, of suspected violations
of civil or criminal laws. Therefore, to
the extent BGFRS–43 contains
investigatory materials compiled for law
enforcement purposes, the system is
appropriately designated as exempt
pursuant to 5 U.S.C. 552a(k)(2).
Accordingly, the Board is proposing
to amend 12 CFR 261a.12(b) to
redesignate paragraph (b)(11)
referencing BGFRS/OIG–1 Investigative
Records as paragraph (b)(12) in order to
maintain the Board’s practice of listing
OIG-specific SORNs after the general
SORNs. The Board proposes to add
BGFRS–43, ‘‘FRB—Security Sharing
Platform’’ as new paragraph (b)(11).
Regulatory Flexibility Analysis
The Privacy Act Regulation sets forth
the procedures by which individuals
may request access and amendment to
records maintained in systems of
records at the Board. The Board believes
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that this rule will not have a significant
economic impact on a substantial
number of small entities, because it does
not apply to business entities.
List of Subjects to Part 261(a)
Privacy.
Authority and Issuance
For the reasons stated in the
Supplementary Information, the Board
proposes to amend 12 CFR part 261a as
follows:
PART 12 CFR 261a—RULES
REGARDING ACCESS TO PERSONAL
INFORMATION UNDER THE PRIVACY
ACT 1974
1. The authority citation for part 261a
continues to read as follows:
■
Authority: 5 U.S.C. 552a.
2. Amend § 261a.12(b) by
redesignating paragraph (b)(11) as
(b)(12) and adding new paragraph
(b)(11) to read as follows:
■
§ 261a.12
Exempt Records.
*
*
*
*
*
(b) * * *
(11) BGFRS–43 Security Sharing
Platform
*
*
*
*
*
Board of Governors of Federal Reserve
System.
Michele Taylor Fennell,
Assistant Secretary of the Board.
[FR Doc. 2020–06506 Filed 3–31–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2020–0143]
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
June 20, 2020. This proposed
rulemaking would prohibit persons and
vessels from entering the regulated area
unless authorized by the Captain of the
SUMMARY:
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Federal Register / Vol. 85, No. 63 / Wednesday, April 1, 2020 / Proposed Rules
Port Maryland-National Capital Region
or the Coast Guard Patrol Commander.
We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 1, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0143 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
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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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 event
from 7:30 a.m. to 10:30 a.m. on June 20,
2020. The open water swim races
consist of approximately 250 adult and
youth participants competing on a
designated course with three designated
swim distances, including 1 km, 2 km,
and 4 km. The course starts and finishes
at 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 event
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, nonparticipants and transiting vessels on
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certain waters of the Upper Potomac
River before, during, and after the
scheduled event. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP Maryland-National Capital
Region is proposing to establish a
special local regulation from 7 a.m.
through 11 a.m. on June 20, 2020. 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″ 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 rule 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 event,
scheduled from 7:30 a.m. to 10:30 a.m.
on June 20, 2020. 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.
Except for Washington DC Sharkfest
Swim event 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 non-participant.
Official Patrols are any vessel assigned
or approved by the Commander, Coast
Guard Sector Maryland-National Capital
Region with a commissioned, warrant,
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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 nonparticipants 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 swim 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
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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.
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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
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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.
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, 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 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 4
hours. Normally such actions are
categorically excluded from further
review under paragraph L[61] 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.
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18159
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
submissions in response to this docket,
see DHS’s Correspondence System of
Records notice (85 FR 14226, March 11,
2020).
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 is proposing
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.T05–0143 to read as
follows:
■
§ 100.T05–0143 Washington DC Sharkfest
Swim, Upper Potomac River, National
Harbor, MD.
(a) Regulated area. The regulations in
this section apply to the following area:
All navigable waters of the Upper
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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.
These coordinates are based on datum
NAD 1983.
(b) 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,
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 DC Sharkfest Swim event or
otherwise designated by the event
sponsor as having a function tied to the
event.
(c) Regulations. (1) Except for vessels
already at berth, all non-participants are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area described in
paragraph (a) of this section unless
authorized by the COTP MarylandNational 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). 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.
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(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 7 a.m. to 11 a.m.
June 20, 2020.
Dated: March 26, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2020–06743 Filed 3–31–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2020–0057; FRL–10007–
24–Region 1]
Air Plan Approval; Vermont;
Infrastructure State Implementation
Plan Requirements for the 2015 Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of
Vermont. This revision addresses the
infrastructure requirements of the Clean
Air Act (CAA or Act)—including the
interstate transport provisions—for the
2015 ozone National Ambient Air
Quality Standards (NAAQS). The
infrastructure requirements are designed
to ensure that the structural components
of each state’s air-quality management
program, including provisions
prohibiting emissions that will have
certain adverse air-quality effects in
other states, are adequate to meet the
state’s responsibilities under the CAA.
EPA is also proposing to approve State
of Vermont Executive Order (E.O.) 19–
17, Executive Code of Ethics, which
Vermont submitted with its
infrastructure submission for the 2015
ozone NAAQS to be added to the SIP.
Because E.O. 19–17 supersedes and
replaces E.O. 09–11, EPA is also
proposing to remove E.O. 09–11 from
the Vermont SIP. This action is being
taken under the Clean Air Act.
SUMMARY:
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Written comments must be
received on or before May 1, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2020–0057 at https://
www.regulations.gov, or via email to
simcox.alison@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. Publicly
available docket materials are available
at https://www.regulations.gov or at the
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Alison C. Simcox, Air Quality Branch,
U.S. Environmental Protection Agency,
EPA Region 1, 5 Post Office Square—
Suite 100, (Mail code 05–2), Boston, MA
02109–3912, tel. (617) 918–1684, email
simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
DATES:
Table of Contents
I. Background and Purpose
A. What is the scope of this rulemaking?
B. What guidance is EPA using to evaluate
these SIP submissions?
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01APP1
]]>Agencies
[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Proposed Rules]
[Pages 18157-18160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06743]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2020-0143]
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 June 20,
2020. This proposed rulemaking would prohibit persons and vessels from
entering the regulated area unless authorized by the Captain of the
[[Page 18158]]
Port Maryland-National Capital Region or the Coast Guard Patrol
Commander. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 1, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0143 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
event from 7:30 a.m. to 10:30 a.m. on June 20, 2020. The open water
swim races consist of approximately 250 adult and youth participants
competing on a designated course with three designated swim distances,
including 1 km, 2 km, and 4 km. The course starts and finishes at 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 event 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,
non-participants and transiting vessels on certain waters of the Upper
Potomac River before, during, and after the scheduled event. The Coast
Guard is proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP Maryland-National Capital Region is proposing to establish
a special local regulation from 7 a.m. through 11 a.m. on June 20,
2020. 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'' 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 rule 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 event, scheduled from
7:30 a.m. to 10:30 a.m. on June 20, 2020. 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.
Except for Washington DC Sharkfest Swim event 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 non-participant. 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 non-participants 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 swim 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
[[Page 18159]]
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.
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, 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 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 4 hours. Normally such
actions are categorically excluded from further review under paragraph
L[61] 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
submissions in response to this docket, see DHS's Correspondence System
of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing 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.T05-0143 to read as follows:
Sec. 100.T05-0143 Washington DC Sharkfest Swim, Upper Potomac River,
National Harbor, MD.
(a) Regulated area. The regulations in this section apply to the
following area: All navigable waters of the Upper
[[Page 18160]]
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. 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 DC Sharkfest Swim event or
otherwise designated by the event sponsor as having a function tied to
the event.
(c) Regulations. (1) Except for vessels already at berth, all non-
participants are prohibited from entering, transiting 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). 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 7 a.m.
to 11 a.m. June 20, 2020.
Dated: March 26, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2020-06743 Filed 3-31-20; 8:45 am]
BILLING CODE 9110-04-P
