MD-DNR intends to only enforce a 100-yd Designated-Boater Restriction Zone
I. UPDATE: 23-July, 2017, Sunday: MD-DNR intends to only enforce a 100-yd Designated-Boater Restriction Zone from Trump Nat'l Golf Course. USCG has administrative authority, not enforcement authority.
Today (9am-2pm)and yesterday, Trump made a 'surprise visit' to National Golf Course. I informed PoSLer Queen Rita who kindly made a quick visit to Riley's Lock. As she arrived, she was able to directly speak with MD-DNR Water Patrol officers who were returning to load their boats (~2pm) about ruling. :
1. Has Boater Access 'actually' been closed off?
2. How is the ruling actually being enforced?
3. How were boaters informed about the ruling (the day of).
II. MD-DNR RESPONSES: Key Points
1. Rileys Lock and boater access will remain accessible throughout his visit(s).
2. MD-DNR has enforcement jurisdiction of the restriction zone, USCG does not.
* MD-DNR will only enforce a 100-yd boundary from Trump Golf Course
* MD-DNR will allow WW kayakers to paddle downriver towards the rapids along the MD side. They will then be permitted to enter the channel run at the VA.
* MD-DNR will allow paddlers to paddle north along the MD and to circumnavigate any island, including the first island, (Sharpshin Is.).
3. MD-DNR will not issue advance warnings/alerts to boaters at Rileys Lock and Algonkian SP. As paddlers approach, they will approach boaters who approach near the exclusion zone (100-yd boundary).
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13-July, 2017: Looks legit: Trump Administration has filed a docket via USCG to issue "an interim rule without prior (public) notice" that effectively closes vessel access into the Potomac River, directly in front of Trump's National Golf Course (effective 10-July, 2017). This section spans the shorelines of MD to VA from Violettes Lock to Sharpshin Island -- including Riley's Lock -- the home port for the Pirates of Sugarloaf!
Gov't Docket Link: https://www.gpo.gov/fdsys/…/FR-2017-07-10/pdf/2017-14395.pdf
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Notable sections:
I. Regulatory History and Information (Basis for Ruling):
"On five separate occasions since March 24, 2017, the COTP has established a temporary security zone encompassing certain U.S. navigable waters of the Potomac River during events held at the Trump National Golf Club at Potomac Falls, VA. These security zones were established and enforced at the request of the U.S. Secret Service to support security measures required during visits by high-ranking United States government officials at the golf club.
The Coast Guard is issuing this interim rule without prior notice and (without) opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue "a rule without prior notice" and OPPORTUNITY TO COMMENT WHEN THE AGENCY FOR GOOD CASE FINDS THAT THOSE PROCEDURES ARE IMPRACTICABLE, UNNECESSARY, OR CONTRARY TO THE PUBLIC INTEREST.
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable and contrary to the public interest to delay the effective date of this rule due to the short time period between event planners notifying the Coast Guard and publication of this security zone.
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B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities.
While some owners or operators of vessels that intend to transit the security zone may be small entities, for the reasons stated in section V.A above this rule would not have a significant economic impact on any vessel owner or operator.
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.
FOR FURTHER INFORMATION CONTACT
If you have questions about this rulemaking, call or email Mr. Ronald L. Houck, at Sector Maryland-National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410–576–2674, email Ronald.L.Houck@uscg.mil.
Attn: Rita Eby Scherping, Lise Soukup, Ralph Heimlich, SC Officers