[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Proposed Rules]
[Pages 25106-25109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10252]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0276]
RIN 1625-AA08
Special Local Regulations for Marine Events; Potomac River,
National Harbor Access Channel, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish special local
regulations during the ``Swim Across the Potomac River'' swimming
competition, to be held on the waters of the Potomac River on July 8,
2012. These special local regulations are necessary to provide for the
safety of life on navigable waters during the event. This action is
intended to temporarily restrict vessel traffic in a portion of the
Potomac River during the event.
DATES: Comments and related material must be received by the Coast
Guard on or before May 29, 2012. The Coast Guard anticipates that this
proposed rule will be effective and enforced on July 8, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0276 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Ronald Houck, U.S. Coast Guard Sector
Baltimore, MD; telephone 410-576-2674, email [email protected].
If you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
[[Page 25107]]
Submitting Comments
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. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this
rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on Open Docket Folder on the line associated with this
rulemaking. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. We
have an agreement with the Department of Transportation to use the
Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before the end of the comment period, using one
of the methods specified under ADDRESSES. Please explain why you
believe a public meeting would be beneficial. If we determine that one
would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Basis and Purpose
On July 8, 2012, the National Harbor Marina of Oxon Hill, Maryland,
will sponsor a swimming competition across the Potomac River between
Alexandria, Virginia and Oxon Hill, Maryland. The event consists of up
to 250 swimmers on a 1.3-mile linear course located downriver from the
Woodrow Wilson Memorial (I-495/I-95) Bridge. The swimmers will be
supported by sponsor-provided watercraft. The start will be located at
North Point in Jones Point Park and the finish will be located along
the shore at National Harbor Marina. Portions of the swim course will
cross the Potomac River federal navigation channel and the National
Harbor Access Channel. Due to the need for vessel control during the
event, the Coast Guard will temporarily restrict vessel traffic in the
event area to provide for the safety of participants, spectators and
other transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish temporary special local
regulations on specified waters of the Potomac River. The regulations
will be in effect from 7 a.m. to 11 a.m. on July 8, 2012. The regulated
area, approximately 1,900 yards in length and 350 yards in width,
extends across the entire width of the Potomac River between the
Virginia and Maryland shorelines and includes all waters of the Potomac
River, within lines connecting the following positions: From latitude
38[deg]47'35'' N, longitude 077[deg]02'22'' W, thence to latitude
38[deg]47'12'' N, longitude 077[deg]00'57'' W, and from latitude
38[deg]47'24'' N, longitude 077[deg]03'03'' W to latitude
38[deg]46'54'' N, longitude 077[deg]01'09'' W. The effect of this
proposed rule will be to restrict general navigation in the regulated
area during the event. Vessels intending to transit the Potomac River
through the regulated area, including the National Harbor Access
Channel, will only be allowed to safely transit the regulated area when
the Coast Guard Patrol Commander has deemed it safe to do so. These
regulations are needed to control vessel traffic during the event to
enhance the safety of participants, spectators and transiting vessels.
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.
Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. We expect the economic
impact of this proposed rule to be so minimal that a full Regulatory
Evaluation under the regulatory policies and procedures of DHS is
unnecessary. Although this regulation will prevent traffic from
transiting portions of the Potomac River and National Harbor Access
Channel during the event, the effect of this regulation will not be
significant due to the limited duration that the regulated area will be
in effect and the extensive advance notifications that will be made to
the maritime community via the Local Notice to Mariners and marine
information broadcasts, so mariners can adjust their plans accordingly.
Additionally, the regulated area has been narrowly tailored to impose
the least impact on general navigation yet provide the level of safety
deemed necessary. Vessel traffic will be able to transit safely through
a portion of the regulated area, but only after the last participant
has cleared that portion of the regulated area and when the Coast Guard
Patrol Commander deems it safe to do so.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises
[[Page 25108]]
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. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit or anchor in the effected
portion of the Potomac River, including and National Harbor Access
Channel, during the event.
Although this regulation prevents traffic from transiting portions
of the Potomac River and the National Harbor Access Channel during the
event, this proposed rule will not have a significant economic impact
on a substantial number of small entities for the following reasons.
This proposed rule would be in effect for only a limited period. Though
the regulated area extends across the entire width of the river, vessel
traffic may be permitted to safely transit a portion of the regulated
area, but only after all participants have safely cleared that portion
of the regulated area and when the Coast Guard Patrol Commander deems
it safe for vessel traffic to do so. All Coast Guard vessels enforcing
this regulated area can be contacted on marine band radio VHF-FM
channel 16 (156.8 MHz). Before the enforcement period, we will issue
maritime advisories so mariners can adjust their plans accordingly.
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.
Assistance for Small Entities
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 so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Coast Guard Sector Baltimore,
MD. 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.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
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
determined that this rule does not have implications for federalism.
Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
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.
Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which 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. The category of water
activities includes but is not limited to sail boat regattas, boat
parades, power boat racing, swimming events, crew racing, canoe and
sail board racing. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
[[Page 25109]]
For the reasons discussed in the preamble, the Coast Guard proposes
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: 33 U.S.C. 1233.
2. Add a temporary section, Sec. 100.35T05-0276 to read as
follows:
Sec. 100.35T05-0276 Special Local Regulations for Marine Events;
Potomac River, National Harbor Access Channel, MD.
(a) Regulated area. The following location is a regulated area: All
waters of the Potomac River, within lines connecting the following
positions: From 38[deg]47'35'' N, longitude 077[deg]02'22'' W, thence
to latitude 38[deg]47'12'' N, longitude 077[deg]00'57'' W, and from
latitude 38[deg]47'24'' N, longitude 077[deg]03'03'' W to latitude
38[deg]46'54'' N, longitude 077[deg]01'09'' W. All coordinates
reference Datum NAD 1983.\
(b) Definitions: (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the U.S. Coast Guard who has
been designated by the Commander, Coast Guard Sector Baltimore.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
(c) Special local regulations: (1) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels and persons in the
regulated area. When hailed or signaled by an official patrol vessel, a
vessel or person in the regulated area shall immediately comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
(2) Persons desiring to transit the regulated area must first
obtain authorization from the Captain of the Port Baltimore or his
designated representative. To seek permission to transit the area, the
Captain of the Port Baltimore and his designated representatives can be
contacted at telephone number 410-576-2693 or on Marine Band Radio,
VHF-FM channel 16 (156.8 MHz). All Coast Guard vessels enforcing this
regulated area can be contacted on marine band radio VHF-FM channel 16
(156.8 MHz).
(3) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
(d) Enforcement period: This section will be enforced from 7 a.m.
until 11 a.m. on July 8, 2012.
Dated: April 4, 2012.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-10252 Filed 4-26-12; 8:45 am]
BILLING CODE 9110-04-P