[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Rules and Regulations]
[Pages 39630-39632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16395]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2012-0276]
RIN 1625-AA08
Special Local Regulations for Marine Events; Potomac River,
National Harbor Access Channel, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing special local regulations
during the swim segment of 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 and National Harbor Access Channel during the
event.
DATES: This rule is effective on July 8, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0276]. To view 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, Sector Baltimore Waterways Management
Division, U.S. Coast Guard; 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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On April 27, 2012, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulations for
[[Page 39631]]
Marine Events; Potomac River, National Harbor Access Channel, MD'' in
the Federal Register (77 FR 82). We received no comments on the
proposed rule. No public meeting was requested, and none was held.
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. The potential dangers posed by
persons and vessels operating in close proximity to swimmers crossing
navigation channels make special local regulations necessary. Delaying
the effective date would be contrary to the public interest because it
would require rescheduling the event, which hundreds of people are
involved in. The regulation is necessary to ensure the safety of the
event participants, patrol vessels, support craft and other vessels
transiting the event area.
B. 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.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
1. Regulatory Planning and Review
This 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. 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.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. 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. This 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 portions 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 rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
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.
3. 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 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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
5. 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 rule under that Order and determined
that this rule does not have implications for federalism.
6. 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.
[[Page 39632]]
7. 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.
8. Taking of Private Property
This rule will 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.
9. Civil Justice Reform
This 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.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves implementation of regulations within 33
CFR Part 100 applicable to organized marine events on the navigable
waters of the United States that could negatively impact the safety of
waterway users and shore side activities in the event area. 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. This rule is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES.
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: 33 U.S.C. 1233.
0
2. Add a temporary section, Sec. 100.35-T05-0276 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: June 13, 2012.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-16395 Filed 7-3-12; 8:45 am]
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