Special Local Regulation; Potomac River, Between Jones Point, VA, and National Harbor, MD, 21985-21988 [2021-08457]

Download as PDF 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 VerDate Sep<11>2014 16:46 Apr 23, 2021 Jkt 253001 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 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 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: E:\FR\FM\26APP1.SGM 26APP1 21986 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). VerDate Sep<11>2014 16:46 Apr 23, 2021 Jkt 253001 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 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 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. E:\FR\FM\26APP1.SGM 26APP1 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 VerDate Sep<11>2014 16:46 Apr 23, 2021 Jkt 253001 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. PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 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 E:\FR\FM\26APP1.SGM 26APP1 21988 Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Proposed Rules 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 VerDate Sep<11>2014 16:46 Apr 23, 2021 Jkt 253001 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: PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 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 E:\FR\FM\26APP1.SGM 26APP1

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.

[[Page 21987]]

    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]
BILLING CODE 9110-04-P