Special Local Regulation; Potomac River, Between Jones Point, VA, and National Harbor, MD, 28265-28267 [2021-11114]
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Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Rules and Regulations
Adjustment Act, as amended, make
failure to comply with this section
punishable by a fine of not more than
$576 for each separate offense.
II. Background Information and
Regulatory History
[FR Doc. 2021–11085 Filed 5–25–21; 8:45 am]
BILLING CODE 6570–01–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.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone 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
regulation prohibits persons and vessels
from being in the safety zone unless
authorized by the Captain of the Port
Maryland—National Capital Region or
the Coast Guard Event Patrol
Commander.
SUMMARY:
This rule is effective from 6:30
a.m. to 11 a.m. on June 6, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0262 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Ron Houck, U.S. Coast Guard
Sector Maryland—National Capital
Region; telephone 410–576–2674, email
D05-DG-SectorMD-NCR-MarineEvents@
uscg.mil.
DATES:
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
VerDate Sep<11>2014
18:33 May 25, 2021
Jkt 253001
On April 12, 2021, WaveOne Open
Water of Washington, DC, notified the
Coast Guard that from 7:30 a.m. to 10
a.m. on June 6, 2021, it will be
conducting the Washington’s Crossing
2021, an open water swim competition
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. In response, on April 26,
2021, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled ‘‘Special Local Regulation;
Potomac River, Between Jones Point,
VA, and National Harbor, MD’’ (86 FR
21985). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to this swim event. During the comment
period that ended May 11, 2021, we
received no comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date
date of this rule would be impracticable
and contrary to the public interest
because immediate action is needed to
respond to the potential safety hazards
associated with the ‘‘Washington’s
Crossing 2021’’ event. This rule must be
in effect by June 6, 2021, to protect
participants and the nearby public from
potential hazards associated with this
event. Potential 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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Maryland—National
Capital Region (COTP) has determined
that potential hazards associated with
the swim event will be a safety concern
for anyone intending to operate in or
near the swim area. The purpose of this
rule is to protect event participants,
non-participants, and transiting vessels
before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
April 26, 2021. There are no changes in
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28265
the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a special local
regulation to be enforced 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 will 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 duration of the special local
regulations and size of the regulated
area are intended to ensure the safety of
life on these navigable waters before,
during, and after the open water swim
event, scheduled from 7:30 a.m. to 10
a.m. on June 6, 2021. The COTP and the
Coast Guard Event Patrol Commander
(PATCOM) will 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 will be
required to get permission from the
COTP or Event PATCOM before
entering the regulated area. Vessel
operators will 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 will 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 will 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
will be allowed to enter the regulated
area or pass directly through the
regulated area as instructed. Vessels will
be required to operate at a safe speed
that minimizes wake while within the
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Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Rules and Regulations
regulated area. Official patrol vessels
will direct non-participants while
within the regulated area.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, time of day and
duration of the regulated area, which
will impact a small designated area of
the Potomac River for 4.5 hours. The
Coast Guard will issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the status of the
regulated area. Moreover, the rule will
allow vessels to seek permission to enter
the regulated area, and vessel traffic will
be able to safely transit the regulated
area once the 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 received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
VerDate Sep<11>2014
18:33 May 25, 2021
Jkt 253001
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
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Sfmt 4700
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
implementation of regulations within 33
CFR part 100 applicable to organized
marine events on the navigable waters
of the United States. The temporary
regulated area will be in effect for 4.5
hours. It is categorically excluded from
further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Memorandum for the Record supporting
this determination is available in the
docket. For instructions on locating the
docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.501T05–0262 to read as
follows:
■
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28267
Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Rules and Regulations
§ 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
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)
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: May 20, 2021.
David E. O’Connell,
Captain, U.S. Coast Guard, Captain of the
Port Maryland—National Capital Region.
[FR Doc. 2021–11114 Filed 5–25–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Notice of enforcement of
regulation.
ACTION:
The Coast Guard will enforce
fourteen safety zones for annual
firework displays in the Captain of the
Port Sector Puget Sound Zone from 5
p.m. on July 4, 2021, through 1 a.m. on
July 5, 2021. This action is necessary to
prevent injury and to protect life and
property of the maritime public from the
hazards associated with the firework
displays. During the enforcement
periods, entry into, transit through,
mooring, or anchoring within these
safety zones is prohibited unless
authorized by Captain of the Port Sector
Puget Sound or their Designated
Representative.
SUMMARY:
The regulations in 33 CFR
165.1332 will be enforced for the
fourteen safety zones identified in the
SUPPLEMENTARY INFORMATION section
below from 5 p.m. on July 4, 2021,
through 1 a.m. on July 5, 2021.
DATES:
If
you have questions about this notice of
enforcement, call or email Chief
Warrant Officer William Martinez,
Sector Puget Sound Waterways
Management, Coast Guard; telephone
206–217–6051,
SectorPugetSoundWWM@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce safety zones in 33
CFR 165.1332 for the following fourteen
Annual Fireworks Displays within the
Captain of the Port Puget Sound (COTP)
Area of Responsibility (AOR). These
regulations will be enforced from 5 p.m.
on July 4, 2021, through 1 a.m. on July
5, 2021, at the following locations:
SUPPLEMENTARY INFORMATION:
Coast Guard
33 CFR Part 165
[Docket No. USCG–2021–0334]
Safety Zones; Annual Fireworks
Displays Within the Captain of the Port
Sector Puget Sound
Coast Guard, Department of
Homeland Security (DHS).
AGENCY:
Event name
Location
Tacoma Freedom Fair ...............................................
City of Anacortes .......................................................
Alderbrook Resort & Spa Fireworks ..........................
Fireworks Display ......................................................
Sheridan Beach Community ......................................
Kingston Fireworks ....................................................
Mukilteo Lighthouse Festival .....................................
Brewster Fire Department Fireworks .........................
Port Angeles ..............................................................
Friday Harbor Independence .....................................
Commencement Bay .................................................
Fidalgo Bay ...............................................................
Hood Canal ...............................................................
Henderson Bay ..........................................................
Lake Forest Park .......................................................
Appletree Cove ..........................................................
Possession Sound .....................................................
Brewster ....................................................................
Port Angeles Harbor ..................................................
Friday Harbor ............................................................
VerDate Sep<11>2014
18:33 May 25, 2021
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Latitude
47°17.103′ N
48°30.016′ N
47°21.033′ N
47°21.8′ N
47°44.783′ N
47°47.65′ N
47°56.9′ N
48°05.362′ N
48°07.033′ N
48°32.255′ N
26MYR1
Longitude
122°28.410′ W
122°36.154′ W
123°04.1′ W
122°38.367′ W
122°16.917′ W
122°29.917′ W
122°18.6′ W
119°47.147′ W
123°24.967′ W
123°0.654′ W
]]>Agencies
[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Rules and Regulations]
[Pages 28265-28267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11114]
=======================================================================
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone 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 regulation prohibits persons and vessels from
being in the safety zone unless authorized by the Captain of the Port
Maryland--National Capital Region or the Coast Guard Event Patrol
Commander.
DATES: This rule is effective from 6:30 a.m. to 11 a.m. on June 6,
2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0262 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ron Houck, U.S. Coast Guard Sector Maryland--National
Capital Region; telephone 410-576-2674, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On April 12, 2021, WaveOne Open Water of Washington, DC, notified
the Coast Guard that from 7:30 a.m. to 10 a.m. on June 6, 2021, it will
be conducting the Washington's Crossing 2021, an open water swim
competition 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. In response, on April 26, 2021, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled ``Special
Local Regulation; Potomac River, Between Jones Point, VA, and National
Harbor, MD'' (86 FR 21985). There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this swim
event. During the comment period that ended May 11, 2021, we received
no comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date date
of this rule would be impracticable and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with the ``Washington's Crossing 2021'' event. This
rule must be in effect by June 6, 2021, to protect participants and the
nearby public from potential hazards associated with this event.
Potential 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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Maryland--
National Capital Region (COTP) has determined that potential hazards
associated with the swim event will be a safety concern for anyone
intending to operate in or near the swim area. The purpose of this rule
is to protect event participants, non-participants, and transiting
vessels before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published April
26, 2021. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a special local regulation to be enforced
from 6:30 a.m. through 11 a.m. on June 6, 2021. There is no alternate
date planned for this event. The regulated area will 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 duration of the special local regulations
and size of the regulated area are intended to ensure the safety of
life on these navigable waters before, during, and after the open water
swim event, scheduled from 7:30 a.m. to 10 a.m. on June 6, 2021. The
COTP and the Coast Guard Event Patrol Commander (PATCOM) will 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 will be required to get permission
from the COTP or Event PATCOM before entering the regulated area.
Vessel operators will 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 will 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 will 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 will be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels will be required to
operate at a safe speed that minimizes wake while within the
[[Page 28266]]
regulated area. Official patrol vessels will direct non-participants
while within the regulated area.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size, time of
day and duration of the regulated area, which will impact a small
designated area of the Potomac River for 4.5 hours. The Coast Guard
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the status of the regulated area. Moreover, the rule will allow
vessels to seek permission to enter the regulated area, and vessel
traffic will be able to safely transit the regulated area once the
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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States.
The temporary regulated area will be in effect for 4.5 hours. It is
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Memorandum for the Record supporting this determination is available in
the docket. For instructions on locating the docket, see the ADDRESSES
section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.501T05-0262 to read as follows:
[[Page 28267]]
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 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: May 20, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland--National
Capital Region.
[FR Doc. 2021-11114 Filed 5-25-21; 8:45 am]
BILLING CODE 9110-04-P
