Special Local Regulation; Upper Potomac River, National Harbor, MD, 41368-41370 [2020-14406]
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Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations
alternative, so as to minimize some of
the stress and/or disorientation that
otherwise may accompany occupancy in
an emergency situation. The training
goal is accomplished when miners
experience and appreciate the
physiological and psychological
sensations that can be expected when
occupying a refuge alternative, and is
not dependent on miners mastering and
remembering detailed or sequential
information. Importantly, this type of
training is materially distinct in nature
from the type of training associated with
SCSR use (which involves mastery of,
and immediate, highly-accurate
performance of, multi-step actions) that
NIOSH referenced when generally
suggesting quarterly training for all
aspects of refuge alternative deployment
and use. Given the experiential nature
of expectations training, as well as the
unique and visceral nature of the
experience, MSHA has determined that
annual expectations training provides
an experience sufficient to enable
miners to apply their knowledge, other
training, and available written
instruction to effectively use the refuge
alternative in an emergency.
III. Conclusion
For the reasons stated above, MSHA
concludes that annual motor-task
(hands-on), decision-making, and
expectations training—supplemented by
existing mandated quarterly reviews,
instructions, and drills—effectively will
prepare miners to deploy and use a
refuge during an emergency.
Accordingly, the existing rule Refuge
Alternatives for Underground Coal
Mines remains in effect without change.
Authority: 30 U.S.C. 811.
David G. Zatezalo,
Assistant Secretary of Labor for Mine Safety
and Health.
[FR Doc. 2020–13753 Filed 7–9–20; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2020–0143]
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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 temporary special local
SUMMARY:
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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, on September 27,
2020, during an open water swim event.
This regulation prohibits persons and
vessels from being in 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 September 27, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0143 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Ron Houck, U.S. Coast Guard
Sector Maryland-National Capital
Region; telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
SNPRM Supplemental notice of proposed
rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard published a notice of
proposed rulemaking (NPRM) on April
1, 2020 (85 FR 18157), proposing to
establish a special local regulation for
the ‘‘Washington, DC Sharkfest Swim,’’
on the Upper Potomac River. The Coast
Guard published a supplemental notice
of proposed rulemaking (SNPRM) on
May 22, 2020 (85 FR 31099), to amend
the date of the proposed special local
regulation from June 7, 2020, to
September 27, 2020, and reopened the
comment period to account for the
change. The comment period for the
SNPRM closed June 22, 2020. The Coast
Guard received no comments on either
the NPRM or SNPRM.
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
this swim event will be a safety concern
for anyone intending to operate in or
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near the swim area. The purpose of this
rule 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.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
April 1, 2020, and our SNPRM
published May 22, 2020. There are no
changes in the regulatory text of this
rule from the proposed rule in the
SNPRM.
This rule establishes a special local
regulation to be enforced from 7 a.m. to
11 a.m. on September 27, 2020. 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 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 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 this swim event,
scheduled from 7:30 a.m. to 10:30 a.m.
on September 27, 2020. The COTP and
the Coast Guard Patrol Commander
(PATCOM) 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 will
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 will 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 will be
considered a non-participant. Official
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Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations
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 will be
allowed to enter the regulated area or
pass directly through the regulated area
as instructed. Vessels will 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 will be prohibited from
loitering within the navigable channel.
Only participant vessels and official
patrol vessels will be allowed to enter
the swim area.
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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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 the 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 will issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the status of the
regulated area. Moreover, the rule will
allow vessels to seek permission to enter
the regulated area, and vessel traffic will
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
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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 regulated
area 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 call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
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41369
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
implementation of regulations within 33
CFR part 100 applicable to organized
marine events on the navigable waters
of the United States that could
negatively impact the safety of
waterway users and shore side activities
in the event area lasting 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. 1. A
Memorandum For Record for
Categorically Excluded Actions
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
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Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations
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 § 100.501T05–0143 to read as
follows:
■
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§ 100.501T05–0143 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
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,
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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.
(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.
on September 27, 2020.
Dated: June 29, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
Week Maritime Festival on waters
adjacent to Pier 66 in Elliott Bay,
Seattle, WA in July and August 2020.
The Captain of the Port Sector Puget
Sound has determined that since the
event is cancelled, enforcement of this
regulation is not necessary.
DATES: The Coast Guard does not plan
to enforce regulations in 33 CFR
165.1330 in July and August 2020.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of non-enforcement, call or
email CWO2 William E. Martinez,
Sector Puget Sound Waterways
Management Division, U.S. Coast
Guard; telephone 206–217–6051, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard normally enforces the safety zone
in 33 CFR 165.1330 for the Fleet Week
Maritime Festival on waters adjacent to
Pier 66 in Elliott Bay, Seattle, WA. This
event is held annually during the parade
of ships on the last week of July or first
week of August. This year, the event
organizers cancelled Fleet Week.
Therefore, the Coast Guard does not
plan to enforce 33 CFR 165.1330, for
July and August 2020.
In addition to this notification of nonenforcement in the Federal Register, if
the situation changes and the Captain of
the Port Sector Puget Sound (COTP)
determines that the regulated area needs
to be enforced, the COTP will issue a
Broadcast Notice to Mariners and
provide actual notice of enforcement to
any persons in the regulated area.
Dated: June 23, 2020.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the
Port Sector Puget Sound.
[FR Doc. 2020–13981 Filed 7–9–20; 8:45 am]
BILLING CODE 9110–04–P
[FR Doc. 2020–14406 Filed 7–9–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
Coast Guard
[Docket Number USCG–2020–0359]
33 CFR Part 165
RIN 1625–AA00
[Docket No. USCG–2020–0356]
Safety Zone; Fleet Week Maritime
Festival, Pier 66, Elliott Bay, Seattle,
Washington
Coast Guard, DHS.
Notification of non-enforcement
of regulation.
AGENCY:
ACTION:
The Coast Guard will not
enforce the safety zone for the Fleet
SUMMARY:
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Safety Zone; Tennessee River, Muscle
Shoals, AL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Tennessee River from Mile Marker
(MM) 407 to MM 409, on July 13, 2020
in conjunction with the operations
SUMMARY:
E:\FR\FM\10JYR1.SGM
10JYR1
]]>Agencies
[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Rules and Regulations]
[Pages 41368-41370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14406]
=======================================================================
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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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary 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, on September 27, 2020, during an
open water swim event. This regulation prohibits persons and vessels
from being in 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 September 27,
2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0143 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
SNPRM Supplemental notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard published a notice of proposed rulemaking (NPRM) on
April 1, 2020 (85 FR 18157), proposing to establish a special local
regulation for the ``Washington, DC Sharkfest Swim,'' on the Upper
Potomac River. The Coast Guard published a supplemental notice of
proposed rulemaking (SNPRM) on May 22, 2020 (85 FR 31099), to amend the
date of the proposed special local regulation from June 7, 2020, to
September 27, 2020, and reopened the comment period to account for the
change. The comment period for the SNPRM closed June 22, 2020. The
Coast Guard received no comments on either the NPRM or SNPRM.
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 this swim event
will be a safety concern for anyone intending to operate in or near the
swim area. The purpose of this rule 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published April
1, 2020, and our SNPRM published May 22, 2020. There are no changes in
the regulatory text of this rule from the proposed rule in the SNPRM.
This rule establishes a special local regulation to be enforced
from 7 a.m. to 11 a.m. on September 27, 2020. 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 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 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 this swim event, scheduled
from 7:30 a.m. to 10:30 a.m. on September 27, 2020. The COTP and the
Coast Guard Patrol Commander (PATCOM) 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 will 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 will 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
will be considered a non-participant. Official
[[Page 41369]]
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
will be allowed to enter the regulated area or pass directly through
the regulated area as instructed. Vessels will 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 will be prohibited from loitering within the
navigable channel. Only participant vessels and official patrol vessels
will be allowed to enter the swim area.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the 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
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the status of the regulated area. Moreover, the rule will allow
vessels to seek permission to enter the regulated area, and vessel
traffic will 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
regulated area 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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area lasting 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. 1. A
Memorandum For Record for Categorically Excluded Actions supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to
[[Page 41370]]
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. 100.501T05-0143 to read as follows:
Sec. 100.501T05-0143 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 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. on September 27, 2020.
Dated: June 29, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2020-14406 Filed 7-9-20; 8:45 am]
BILLING CODE 9110-04-P
