[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Proposed Rules]
[Pages 18274-18277]
[FR Doc No: 2013-06802]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0114]
RIN 1625-AA08

Special Local Regulations; Red Bull Flugtag National Harbor
Event, Potomac River; National Harbor Access Channel, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local
regulations during the ``Red Bull Flugtag National Harbor event,'' to
be held on the waters of the Potomac River on September 21, 2013. These
special local regulations are necessary to provide for the safety of
life on navigable waters during the event. These special local
regulations will establish an event area, where all persons and
vessels, except those persons and vessels participating in the Flugtag
event, are prohibited from entering, transiting through, anchoring in
or remaining within, and a spectator area, where all vessels are
prohibited from transiting in excess of wake speed, unless authorized
by the Captain of the Port Baltimore or his designated representative.
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 April 25, 2013.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Barbara
Hairston, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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.

1. 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 [USCG-2013-0114] 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[frac12] 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.

2. 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 (USCG-2013-0114) 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.

3. 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).

4. Public meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, 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.

B. Basis and Purpose

    On September 21, 2013, The Peterson Companies of National Harbor,
Maryland, is sponsoring the Red Bull Flugtag National Harbor event, a
competition held along the Potomac River at National Harbor, Maryland.
Approximately 30 competing teams will operate homemade, human-powered
flying devices launched from a ramp constructed at National Harbor,
located downriver from the Woodrow Wilson Memorial (I-495/I-95) Bridge,
in Maryland. The competitors will be supported by sponsor-provided
watercraft. The sponsor estimates 10,000 spectators during the event.
The Coast Guard anticipates a large spectator vessel fleet present
during the event.
    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to

ensure safety of life on navigable waters of the United States during
the Red Bull Flugtag National Harbor event.

C. Discussion of Proposed Rule

    The Coast Guard proposes to establish special local regulations on
specified waters of the Potomac River. The regulations will be
effective from 9 a.m. to 7 p.m. on September 21, 2013. The regulated
area, approximately 600 yards in length and 500 yards in width and
extends across the entire width of the National Harbor Access Channel,
includes all waters of the Potomac River, contained within lines
connecting the following points: from the shoreline at position
latitude 38[deg]46'51'' N, longitude 077[deg]01'31'' W, thence
northerly to position latitude 38[deg]47'02'' N, longitude
077[deg]01'35'' W, thence easterly to position latitude 38[deg]47'05''
N, longitude 077[deg]01'22'' W, thence southeasterly to the shoreline
at position latitude 38[deg]46'56'' N, longitude 077[deg]01'07'' W. An
event area and a designated spectator area exist within this regulated
area. The event area, where all persons and vessels, except those
persons and vessels participating in the competition, are prohibited
from entering, transiting through, anchoring in, or remaining within,
includes all waters of the Potomac River, contained within lines
connecting the following points: from the shoreline at position
latitude 38[deg]46'51'' N, longitude 077[deg]01'31'' W, thence
northerly to position latitude 38[deg]46'52'' N, longitude
077[deg]01'31'' W, thence easterly to position latitude 38[deg]46'54''
N, longitude 077[deg]01'17'' W, thence northerly to position latitude
38[deg]46'59'' N, longitude 077[deg]01'14'' W, thence southeasterly to
the shoreline at position latitude 38[deg]46'56'' N, longitude
077[deg]01'07'' W. The designated spectator area, where all vessels are
prohibited from transiting in excess of wake speed unless authorized by
the Captain of the Port Baltimore or his designated representative and
persons and vessels may request authorization to enter, transit
through, anchor in, or remain within, includes all waters of the
Potomac River, within lines connecting the following positions: from
38[deg]46'53'' N, longitude 077[deg]01'32'' W, thence northerly to
latitude 38[deg]47'02'' N, longitude 077[deg]01'35'' W, thence easterly
to position latitude 38[deg]47'05'' N, longitude 077[deg]01'22'' W,
thence southeasterly to position latitude 38[deg]47'02'' N, longitude
077[deg]01'16'' W, thence southwesterly to position latitude
38[deg]46'58'' N, longitude 077[deg]01'18'' W, thence southwesterly to
position latitude 38[deg]46'55'' N, longitude 077[deg]01'22'' W, thence
westerly to position latitude 38[deg]46'53'' N, longitude
077[deg]01'32'' 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. 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. The Coast Guard will provide notice of the special
local regulations by Local Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated representatives.

D. 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 or executive orders.

1. 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.
    The economic impact of this rule is not significant for the
following reasons: (1) The special local regulations will be enforced
for only 10 hours; (2) although persons and vessels will not be able to
enter, transit through, anchor in, or remain within the event area,
without authorization from the Captain of the Port Baltimore or his
designated representative, they may operate in the surrounding area
during the enforcement period; (3) persons and vessels may still enter,
transit through, anchor in, or remain within the designated spectator
area during the enforcement period; (4) persons and vessels may still
enter and transit through the National Harbor Access Channel, within
the regulated area during the enforcement period, with prior
authorization from the Captain of the Port Baltimore or his designated
representative and without loitering; and (5) the Coast Guard will
provide advance notification of the special local regulations to the
local maritime community by Local Notice to Mariners and Broadcast
Notice to Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of Potomac
River encompassed within the special local regulations from 9 a.m.
until 7 p.m. on September 21, 2013. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.
    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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.

4. Collection of Information

    This proposed 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 proposed 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.

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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. 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.

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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.

12. 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.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. 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 that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves special
local regulations issued in conjunction with a regatta or marine
parade. This rule is categorically excluded from further review under
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A
preliminary environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. 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.
    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

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-T05-0114 to read as follows:

Sec.  100.35-T05-0114  Special Local Regulations for Marine Events;
Potomac River, National Harbor Access Channel, MD.

    (a) Regulated Areas. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
    (1) Regulated Area: All waters of the Potomac River, contained
within lines connecting the following points: from the shoreline at
position latitude 38[deg]46'51'' N, longitude 077[deg]01'31'' W, thence
northerly to position latitude 38[deg]47'02'' N, longitude
077[deg]01'35'' W, thence easterly to position latitude 38[deg]47'05''
N, longitude 077[deg]01'22'' W, thence southeasterly to the shoreline
at position latitude 38[deg]46'56'' N, longitude 077[deg]01'07'' W.
    (1) Event Area: All waters of the Potomac River, contained within
lines connecting the following points: from the shoreline at position
latitude 38[deg]46'51'' N, longitude 077[deg]01'31'' W, thence
northerly to position latitude 38[deg]46'52'' N, longitude
077[deg]01'31'' W, thence easterly to position latitude 38[deg]46'54''
N, longitude 077[deg]01'17'' W, thence northerly to position latitude
38[deg]46'59'' N, longitude 077[deg]01'14'' W, thence southeasterly to
the shoreline at position latitude 38[deg]46'56'' N, longitude
077[deg]01'07'' W.
    (2) Designated Spectator Area: All waters of the Potomac River,
within lines connecting the following positions: from 38[deg]46'53'' N,
longitude 077[deg]01'32'' W, thence northerly to latitude
38[deg]47'02'' N, longitude 077[deg]01'35'' W, thence easterly to
position latitude 38[deg]47'05'' N, longitude 077[deg]01'22'' W, thence
southeasterly to position latitude 38[deg]47'02'' N, longitude
077[deg]01'16'' W, thence southwesterly to position latitude
38[deg]46'58'' N, longitude 077[deg]01'18'' W, thence southwesterly to
position latitude 38[deg]46'55'' N, longitude 077[deg]01'22'' W, thence
westerly to position latitude 38[deg]46'53'' N, longitude
077[deg]01'32'' W.
    (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.
    (3) Participant means all persons and vessels participating in the
Red Bull Flugtag National Harbor event under the auspices of the Marine
Event Permit issued to the event sponsor and

approved by Commander, Coast Guard Sector Baltimore.
    (4) Spectator means all persons and vessels not registered with the
event sponsor as participants or official patrol.
    (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) The Coast Guard Patrol Commander may terminate the event, or
the operation of any participant in the event, at any time it is deemed
necessary for the protection of life or property.
    (3) All Coast Guard vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
    (4) Only participants and official patrol are allowed to enter the
event area.
    (5) Spectators are allowed inside the regulated area only if they
remain within the designated spectator area. Spectators will be
permitted to anchor within the designated spectator area. No vessel may
anchor within the regulated area outside the designated spectator area.
Spectators may contact the Coast Guard Patrol Commander to request
permission to pass through the regulated area. If permission is
granted, spectators must pass directly through the regulated area,
outside the event area, at a safe speed and without loitering.
    (6) 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) Effective period. This section is effective from 9 a.m. until 7
p.m. on September 21, 2013.

    Dated: March, 6, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-06802 Filed 3-25-13; 8:45 am]
BILLING CODE 9110-04-P