Special Local Regulation; Potomac River, Between Jones Point, VA, and National Harbor, MD, 21985-21988 [2021-08457]
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Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Proposed Rules
inspection and downloading at
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Virginia Sardone, Director, Office of
Affordable Housing Programs, Room
7164, Department of Housing and Urban
Development, 451 Seventh Street SW,
Washington, DC 20410–7000; telephone
(202) 708–2684. (This is not a toll-free
number.) A telecommunications device
for hearing- and speech-impaired
persons (TTY) is available at 800–877–
8339 (Federal Information Relay
Service).
SUPPLEMENTARY INFORMATION:
I. Background
The Housing and Economic Recovery
Act of 2008 (HERA) (Pub. L. 110–289,
approved July 30, 2008) established the
Housing Trust Fund (HTF) to be
administered by HUD. The HTF was
established for the purpose of increasing
and preserving the supply of decent,
safe, sanitary, and affordable housing,
with primary attention to rental housing
for extremely low and very low-income
families, including homeless families,
and to increase homeownership for
extremely low-and very low-income
families. HERA directs HUD to
establish, through regulation, the
formula for distribution of amounts
made available for the HTF. HUD
published the proposed formula for the
allocation of HTF funds for public
comment on December 4, 2009 (74 FR
63938). In addition, HERA directs HUD
to establish regulations to administer
the HTF. A proposed rule on the
administration of the HTF was
published for public comment on
October 29, 2010 (75 FR 66978). The
Department received 13 public
comments on the proposed formula
notification and 98 public comments on
the proposed program rule. After
consideration of all comments, HUD
responded to the comments in an
interim rule published on January 30,
2015 (80 FR 5200) and included some
changes which HUD summarized at 80
FR 5202. HUD also made conforming
changes for HTF to several sections of
the Consolidated Plan rule in 24 CFR
part 91. The HTF interim rule is
currently codified at 24 CFR part 93.
In the interim rule, the Department
stated that after funding the HTF and
allocating funds to grantees, HUD would
solicit public comments on the interim
rule. HUD believes that this would
allow for more informed policymaking
as HUD would be obtaining comments
from grantees after grantees had
experience in administering the
program. Since publication of the
interim rule, HUD has allocated HTF
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funds to eligible grantees in accordance
with the established formula in federal
fiscal years 2016, 2017, 2018, 2019,
2020, and 2021 and grantees now have
experience administering the HTF
funds. Therefore, HUD is opening the
interim rule for comment by grantees,
stakeholders, and any other interested
members of the public. This document
also poses additional issues for the
public to consider.
II. This Document
This document seeks input from the
public on current program requirements
as well as specific issues identified
below. HUD will consider comments
received in each public comment phase
prior to final rulemaking to evaluate
potential modifications to the rule.
HUD’s goal is improving Grantees’
ability to effectively administer HTF
funds and providing flexibility to the
greatest extent possible within the HTF
program’s statutory framework to carry
out the statutory purpose of the HTF,
which is increasing and preserving the
supply of rental housing for extremely
low- and very low-income families,
including homeless families, and
increasing homeownership for
extremely low-and very low-income
families.
III. Request for Public Comment
This document offers the opportunity
for the public to provide comments,
information, and recommendations on
the HTF interim rule. The Department
will consider all relevant comments
submitted, but specifically solicits
comment on the following, in addition
to the interim rule:
1. Income targeting requirements,
including the requirement at 24 CFR
93.250(a) that 100 percent of HTF funds
be used for extremely low-income
households or families with incomes at
or below the poverty line (whichever is
greater) in years when funds made
available for HTF is less than $1 billion.
For reference, 24 CFR 93.2 defines
extremely low-income households as
families whose annual incomes do not
exceed 30 percent of the median family
income of a geographic area, as
determined by HUD with adjustments
for smaller and larger families;
2. The rent limitations established at
24 CFR 93.302(b);
3. The minimum 30-year period of
affordability established at 24 CFR
93.302(d) and 24 CFR 93.304(e);
4. The property standards, including
environmental standards established at
24 CFR 93.301;
5. The restrictions on the use of HTF
funds for operating cost assistance
(including reserves) established in 24
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21985
CFR 93.200(a)(1) and definition of
operating costs at 24 CFR 93.201(e)(1),
which defines operating costs as ‘‘costs
for insurance, utilities, real property
taxes, and maintenance and scheduled
payments to a reserve for replacement of
major systems (provided that the
payments must be based on the useful
life of each major system and expected
replacement cost) of an HTF-assisted
unit;’’
6. What changes to the HTF program
could improve program administration
and more effectively address the
housing needs of the population it is
intended to serve?
Kevin J. Bush,
Deputy Assistant Secretary for Grant
Programs.
[FR Doc. 2021–08529 Filed 4–23–21; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0262]
RIN 1625–AA08
Special Local Regulation; Potomac
River, Between Jones Point, VA, and
National Harbor, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish temporary special local
regulations for certain waters of the
Potomac River. This action is necessary
to provide for the safety of life on these
navigable waters located between Jones
Point, VA, and National Harbor, MD,
during a swim event on June 6, 2021.
This proposed rulemaking would
prohibit persons and vessels from
entering the regulated area unless
authorized by the Captain of the Port
Maryland-National Capital Region or the
Coast Guard Event 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 11, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0262 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
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Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Proposed Rules
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 D05DG-SectorMD-NCR-MarineEvents@
uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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 Patrol Commander
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On April 12, 2021, WaveOne Open
Water of Washington, DC, notified the
Coast Guard that it will be conducting
the Washington’s Crossing 2021 from
7:30 a.m. to 10 a.m. on June 6, 2021. The
open water swim consists of
approximately 160 participants
competing on a designated, marked
course located on the Potomac River,
downriver of and parallel to the
Woodrow Wilson Memorial (I–95/I–495)
Bridge. The event is being staged out of
National Harbor, MD. Hazards from the
swim competition include participants
swimming within and adjacent to the
designated navigation channel and
interfering with vessels intending to
operate within that channel, as well as
swimming within approaches to local
public and private marinas and public
boat facilities. The Captain of the Port
(COTP) Maryland-National Capital
Region has determined that potential
hazards associated with the swim would
be a safety concern for anyone intending
to operate within specified waters of the
Potomac River.
The Coast Guard is requesting that
interested parties provide comments
within a shortened comment period of
15 days instead of the more typical 30
days for this notice of proposed
rulemaking. The Coast Guard believes a
shortened comment period is necessary
and reasonable to ensure the Coast
Guard has time to review and respond
to any significant comments submitted
by the public in response to the NPRM
and has final rule in effect in time for
the scheduled event.
The purpose of this rulemaking is to
protect event participants, nonparticipants, and transiting vessels
before, during, and after the scheduled
event. The Coast Guard proposes this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
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III. Discussion of Proposed Rule
The COTP Maryland-National Capital
Region is proposing to establish special
local regulations from 6:30 a.m. through
11 a.m. on June 6, 2021. There is no
alternate date planned for this event.
The regulated area would cover all
navigable waters of the Potomac River,
encompassed by a line connecting the
following points, beginning at Jones
Point Park, VA, shoreline at latitude
38°47′35″ N, longitude 077°02′22″ W,
thence east along the northern extent of
the Woodrow Wilson Memorial (I–495/
I–95) Bridge, at mile 103.8, to the
Rosilie Island shoreline at latitude
38°47′36″ N, longitude 077°01′32″ W,
thence south along the Maryland
shoreline to latitude 38°46′52″ N,
longitude 077°01′13″ W, at National
Harbor, MD shoreline, thence west
across the Potomac River to the George
Washington Memorial Parkway highway
overpass and Cameron Run shoreline at
latitude 38°47′23″ N, longitude
077°03′03″ W, thence north along the
Virginia shoreline to the point of origin.
The regulated area is approximately
1,400 yards in length and 3,350 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,
scheduled from 7:30 a.m. to 10 a.m. on
June 6, 2021. The COTP and the Coast
Guard Event 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’s Crossing
2021 participants and vessels already at
berth, a vessel or person would be
required to get permission from the
COTP or Event PATCOM before
entering the regulated area. Vessel
operators would be able to request
permission to enter and transit through
the regulated area by contacting the
Event PATCOM on VHF–FM channel
16. Vessel traffic would be able to safely
transit the regulated area once the Event
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 Event PATCOM, a person or vessel
would be allowed to enter the regulated
area or pass directly through the
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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 would direct non-participants
while within the regulated 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.
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).
This regulatory action determination
is based on the size, time of day and
duration of the regulated area, which
would impact a small designated area of
the Potomac River for 4.5 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 Event PATCOM
deems it safe to do so.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
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Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Proposed Rules
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 call or email 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 call or email 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
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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
eight hours. Normally such actions are
categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. 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 call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
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.
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21987
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, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in the docket, and
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive. 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 § 100.501T05–0262 to read as
follows:
■
§ 100.501T05–0262 Washington’s Crossing
2021, Potomac River, Between Jones Point,
VA, and National Harbor, MD.
(a) Regulated area. The regulations in
this section apply to the following area:
All navigable waters of the Potomac
River, encompassed by a line
connecting the following points,
beginning at Jones Point Park, VA,
shoreline at latitude 38°47′35″ N,
longitude 077°02′22″ W, thence east
along the northern extent of the
Woodrow Wilson Memorial (I–495/I–95)
Bridge, at mile 103.8, to the Rosilie
Island shoreline at latitude 38°47′36″ N,
longitude 077°01′32″ W, thence south
along the Maryland shoreline to latitude
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38°46′52″ N, longitude 077°01′13″ W, at
National Harbor, MD shoreline, thence
west across the Potomac River to the
George Washington Memorial Parkway
highway overpass and Cameron Run
shoreline at latitude 38°47′23″ N,
longitude 077°03′03″ W, thence north
along the Virginia shoreline to the point
of origin. These coordinates are based
on datum NAD 1983.
(b) Definitions. As used in this
section—
Captain of the Port (COTP) 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 Event Patrol Commander
(PATCOM) means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Maryland-National Capital Region.
Official patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Maryland-National
Capital Region with a commissioned,
warrant, or petty officer on board and
displaying a Coast Guard ensign.
Participant means all persons and
vessels registered with the event
sponsor as participating in the
‘‘Washington’s Crossing 2021’’ 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 Event
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 Event 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
Event 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
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regulated area by other federal, state,
and local agencies.
(e) Enforcement period. This section
will be enforced from 6:30 a.m. to 11
a.m. on June 6, 2021.
Dated: April 15, 2021.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2021–08457 Filed 4–23–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0192]
RIN 1625–AA00
Safety Zone; Graduate Boat Parade,
Sturgeon Bay, WI
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
certain waters of Sturgeon Bay, WI. This
action is necessary to provide for the
safety of life on these navigable waters
during the boat parade for the Graduates
of Sturgeon Bay High School on May 29,
2021. This proposed rulemaking would
restrict usage by persons and vessels
within the safety zone. At no time
during the effective period may nonparade vessels transit the waters of
Sturgeon Bay between the Highway 42
Bridge and Michigan Street Bridge.
These restrictions would apply to all
vessels during the effective period
unless authorized by the Captain of the
Port Lake Michigan or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 11, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0921 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Chief Petty
Officer Jeromy Sherrill, Sector Lake
Michigan Waterways Management
Division, U.S. Coast Guard; telephone
FOR FURTHER INFORMATION CONTACT:
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414–747–7148, email
Jeromy.N.Sherrill@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On March 16, 2021, the principal of
Sturgeon Bay High School notified the
Coast Guard that it will be conducting
a boat parade for graduates of the Class
of 2021 on May 29, 2021 from 11:00
a.m. through 1:30 p.m. The boat parade
will begin at Madelyn Marine, NW of
Highway 42 bridge, proceed NW to the
Michigan Street Bridge, cross the
channel towards the Maritime Museum,
then proceed SE, crossing back across
the channel and ending at Madelyn
Marine. The Captain of the Port Sector
Lake Michigan (COTP) has determined
that potential hazards associated with
the boat parade would be a safety
concern for anyone within the safety
zone that is not participating in the boat
parade.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters of Sturgeon Bay
between the Highway 42 Bridge and
Michigan Street Bridge during the event.
The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
The Coast Guard is issuing this
temporary rule with an abridged notice
and opportunity to comment pursuant
to authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’
Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for
not undertaking a thirty-day comment
period with respect to this rule because
the Coast Guard received details of the
boat parade with insufficient time
remaining to undergo a full thirty-day
comment period. While it is
impracticable to undergo a full thirtyday comment period and still protect
the public from the hazards associated
with these operations, the Coast Guard
invites comments for the next fifteen
days.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
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]]>Agencies
[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Proposed Rules]
[Pages 21985-21988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08457]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0262]
RIN 1625-AA08
Special Local Regulation; Potomac River, Between Jones Point, VA,
and National Harbor, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish temporary special
local regulations for certain waters of the Potomac River. This action
is necessary to provide for the safety of life on these navigable
waters located between Jones Point, VA, and National Harbor, MD, during
a swim event on June 6, 2021. This proposed rulemaking would prohibit
persons and vessels from entering the regulated area unless authorized
by the Captain of the Port Maryland-National Capital Region or the
Coast Guard Event 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 11, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0262 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.
[[Page 21986]]
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 Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On April 12, 2021, WaveOne Open Water of Washington, DC, notified
the Coast Guard that it will be conducting the Washington's Crossing
2021 from 7:30 a.m. to 10 a.m. on June 6, 2021. The open water swim
consists of approximately 160 participants competing on a designated,
marked course located on the Potomac River, downriver of and parallel
to the Woodrow Wilson Memorial (I-95/I-495) Bridge. The event is being
staged out of National Harbor, MD. Hazards from the swim competition
include participants swimming within and adjacent to the designated
navigation channel and interfering with vessels intending to operate
within that channel, as well as swimming within approaches to local
public and private marinas and public boat facilities. The Captain of
the Port (COTP) Maryland-National Capital Region has determined that
potential hazards associated with the swim would be a safety concern
for anyone intending to operate within specified waters of the Potomac
River.
The Coast Guard is requesting that interested parties provide
comments within a shortened comment period of 15 days instead of the
more typical 30 days for this notice of proposed rulemaking. The Coast
Guard believes a shortened comment period is necessary and reasonable
to ensure the Coast Guard has time to review and respond to any
significant comments submitted by the public in response to the NPRM
and has final rule in effect in time for the scheduled event.
The purpose of this rulemaking is to protect event participants,
non-participants, and transiting vessels before, during, and after the
scheduled event. The Coast Guard proposes 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
special local regulations from 6:30 a.m. through 11 a.m. on June 6,
2021. There is no alternate date planned for this event. The regulated
area would cover all navigable waters of the Potomac River, encompassed
by a line connecting the following points, beginning at Jones Point
Park, VA, shoreline at latitude 38[deg]47'35'' N, longitude
077[deg]02'22'' W, thence east along the northern extent of the Woodrow
Wilson Memorial (I-495/I-95) Bridge, at mile 103.8, to the Rosilie
Island shoreline at latitude 38[deg]47'36'' N, longitude
077[deg]01'32'' W, thence south along the Maryland shoreline to
latitude 38[deg]46'52'' N, longitude 077[deg]01'13'' W, at National
Harbor, MD shoreline, thence west across the Potomac River to the
George Washington Memorial Parkway highway overpass and Cameron Run
shoreline at latitude 38[deg]47'23'' N, longitude 077[deg]03'03'' W,
thence north along the Virginia shoreline to the point of origin. The
regulated area is approximately 1,400 yards in length and 3,350 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, scheduled from
7:30 a.m. to 10 a.m. on June 6, 2021. The COTP and the Coast Guard
Event 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's Crossing 2021 participants and vessels
already at berth, a vessel or person would be required to get
permission from the COTP or Event PATCOM before entering the regulated
area. Vessel operators would be able to request permission to enter and
transit through the regulated area by contacting the Event PATCOM on
VHF-FM channel 16. Vessel traffic would be able to safely transit the
regulated area once the Event 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 Event 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 would direct non-participants while
within the regulated 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. 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).
This regulatory action determination is based on the size, time of
day and duration of the regulated area, which would impact a small
designated area of the Potomac River for 4.5 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
Event PATCOM deems it safe to do so.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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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 call or email 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 call or email 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 eight hours. Normally
such actions are categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. 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 call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
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, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. We review all comments received, but we will only post
comments that address the topic of the proposed rule. We may choose not
to post off-topic, inappropriate, or duplicate comments that we
receive. 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. 100.501T05-0262 to read as follows:
Sec. 100.501T05-0262 Washington's Crossing 2021, Potomac River,
Between Jones Point, VA, and National Harbor, MD.
(a) Regulated area. The regulations in this section apply to the
following area: All navigable waters of the Potomac River, encompassed
by a line connecting the following points, beginning at Jones Point
Park, VA, shoreline at latitude 38[deg]47'35'' N, longitude
077[deg]02'22'' W, thence east along the northern extent of the Woodrow
Wilson Memorial (I-495/I-95) Bridge, at mile 103.8, to the Rosilie
Island shoreline at latitude 38[deg]47'36'' N, longitude
077[deg]01'32'' W, thence south along the Maryland shoreline to
latitude
[[Page 21988]]
38[deg]46'52'' N, longitude 077[deg]01'13'' W, at National Harbor, MD
shoreline, thence west across the Potomac River to the George
Washington Memorial Parkway highway overpass and Cameron Run shoreline
at latitude 38[deg]47'23'' N, longitude 077[deg]03'03'' W, thence north
along the Virginia shoreline to the point of origin. These coordinates
are based on datum NAD 1983.
(b) Definitions. As used in this section--
Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
Coast Guard Event Patrol Commander (PATCOM) means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
Participant means all persons and vessels registered with the event
sponsor as participating in the ``Washington's Crossing 2021'' 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 Event 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 Event 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 Event PATCOM.
(3) The COTP Maryland-National Capital Region will provide notice
of the regulated area through advanced notice via Fifth Coast Guard
District Local Notice to Mariners, broadcast notice to mariners, and
on-scene official patrols.
(d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
(e) Enforcement period. This section will be enforced from 6:30
a.m. to 11 a.m. on June 6, 2021.
Dated: April 15, 2021.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2021-08457 Filed 4-23-21; 8:45 am]
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