
[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Rules and Regulations]
[Pages 2450-2453]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-786]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1165]
RIN 1625-AA87


Security Zone; Potomac and Anacostia Rivers, Washington, DC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
encompassing certain waters of the Potomac River and Anacostia River in 
order to safeguard high-ranking public officials from terrorist acts 
and incidents. This action is necessary to ensure the safety of persons 
and property, and prevent terrorist acts or incidents. This rule 
prohibits vessels and people from entering the security zone and 
requires vessels and persons in the security zone to depart the 
security zone, unless specifically exempt under the provisions in this 
rule or granted specific permission from the Coast Guard Captain of the 
Port Baltimore.

DATES: This rule is effective from 4 p.m. until 11:59 p.m. on January 
24, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-1165 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-1165 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Mr. Ronald L. Houck, at Sector Baltimore 
Waterways Management Division, Coast Guard; telephone (410) 576-2674, 
email Ronald.L.Houck@uscg.mil. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment

[[Page 2451]]

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 cause 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 it is contrary to public interest to delay the 
effective date of this rule. The Coast Guard is establishing the 
security zone to protect high-ranking government officials, mitigate 
potential terrorist acts, and enhance public and maritime safety and 
security. The Coast Guard was unable to publish a NPRM due to the short 
time period between event planners notifying the Coast Guard of the 
event and publication of the security zone. Furthermore, delaying the 
effective date would be contrary to the security zone's intended 
objectives of protecting high-ranking government officials, mitigating 
potential terrorist acts and enhancing public and maritime safety 
security.
    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. Due to the need for immediate 
action, the restriction of vessel traffic is necessary to protect life, 
property and the environment, therefore, a 30-day notice period is 
impracticable. Delaying the effective date would be contrary to the 
security zone's intended objectives of protecting high-ranking 
government officials, mitigating potential terrorist acts and enhancing 
public and maritime safety and security.

Background and Purpose

    The President will address the nation on January 24, 2012. During 
this event, a gathering of high-ranking United States officials will 
take place at the U.S. Capitol Building in Washington, DC, in close 
proximity to navigable waterways within the Captain of the Port's Area 
of Responsibility.
    The Coast Guard has given each Coast Guard Captain of the Port the 
ability to implement comprehensive port security regimes designed to 
safeguard human life, vessels, and waterfront facilities while still 
sustaining the flow of commerce. The Captain of the Port Baltimore is 
establishing this security zone to protect high-ranking government 
officials, mitigate potential terrorist acts, and enhance public and 
maritime safety and security in order to safeguard life, property, and 
the environment on or near the navigable waters.

Discussion of Rule

    Through this regulation, the Coast Guard will establish a security 
zone. The security zone will be in effect from 4 p.m. until 11:59 p.m. 
on January 24, 2012. The security zone will include all navigable 
waters of the Potomac River, from shoreline to shoreline, bounded on 
the north by the Francis Scott Key (U.S. Route 29) Bridge at mile 
113.0, downstream to and bounded on the south between the Virginia 
shoreline and the District of Columbia shoreline along latitude 
38[deg]51'00'' N, including the waters of the Georgetown Channel Tidal 
Basin; and all waters of the Anacostia River, from shoreline to 
shoreline, bounded on the north by the 11th Street (I-295) Bridge at 
mile 2.1, downstream to and bounded on the south by its confluence with 
the Potomac River. This location is entirely within the Area of 
Responsibility of the Captain of the Port Baltimore, as set forth at 33 
CFR 3.25-15.
    This rule provides that entry into, attempted entry into, or 
remaining in this security zone is prohibited unless authorized by the 
Coast Guard Captain of the Port Baltimore. Except for persons or 
vessels authorized by the Captain of the Port Baltimore, no person or 
vessel may enter or remain in the regulated area during the effective 
period. Vessels already at berth, mooring, or anchor at the time the 
security zone is implemented do not have to depart the security zone. 
All vessels underway within the security zone at the time it becomes 
effective are to depart the zone immediately. To seek permission to 
transit the area, the Captain of the Port Baltimore can be contacted at 
telephone number (410) 576-2693 or on Marine Band Radio, VHF-FM channel 
16 (156.8 MHz). Coast Guard vessels enforcing the security zone can be 
contacted on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). The 
Coast Guard will issue Broadcast Notices to Mariners to further 
publicize the security zone.

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.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. Although this security zone restricts 
vessel traffic through the affected area, vessels may seek permission 
from the Captain of the Port Baltimore to enter and transit the zone. 
Furthermore, the effect of this regulation will not be significant due 
to the limited size and duration that the regulated area will be in 
effect. In addition, notifications will be made to the maritime 
community via marine information broadcasts so mariners may adjust 
their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 will 
not have a significant economic impact on a substantial number of small 
entities. This rule may affect the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to operate or transit through or within the security zone during the 
enforcement period. The security zone will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. The security zone is of limited duration. Although 
the security zone will apply to the entire width of the Potomac and 
Anacostia Rivers, traffic may be allowed to pass through the zone with 
the permission of the Captain of the Port Baltimore. Before the 
effective period, maritime advisories will be widely available to the 
maritime community. Additionally, given the time of year this event is 
scheduled, the vessel traffic is expected to be minimal.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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

[[Page 2452]]

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.

Collection of Information

    This rule calls 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 State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule will not effect 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 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 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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves establishing a 
temporary security zone. An environmental analysis checklist and a 
categorical exclusion determination are available in the docket where 
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T05-1165 to read as follows:


Sec.  165.T05-1165  Security Zone; Potomac and Anacostia Rivers, 
Washington, DC.

    (a) Location. The following area is a security zone: All waters of 
the Potomac River, from shoreline to shoreline, bounded on the north by 
the Francis Scott Key (U.S. Route 29) Bridge at mile 113.0, downstream 
to and bounded on the south between the Virginia shoreline and the 
District of Columbia shoreline along latitude 38[deg]51'00'' N, 
including the waters of the Georgetown Channel Tidal Basin; and all 
waters of the Anacostia River, from shoreline to shoreline, bounded on 
the north by the 11th Street (I-295) Bridge at mile 2.1, downstream to 
and bounded on the south by its confluence with the Potomac River 
(North American Datum 1983).
    (b) Definitions. As used in this section:
    Captain of the Port Baltimore means the Commander, U.S. Coast Guard 
Sector Baltimore, Maryland.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Baltimore to assist in enforcing the security zone described in 
paragraph (a) of this section.
    (c) Regulations. The general security zone regulations found in 33 
CFR

[[Page 2453]]

165.33 apply to the security zone created by this temporary section, 
Sec.  165.T05.1165.
    (1) All persons are required to comply with the general regulations 
governing security zones found in 33 CFR 165.33.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port Baltimore. Vessels 
already at berth, mooring, or anchor at the time the security zone is 
implemented, however, do not have to depart the security zone. All 
vessels underway within this security zone at the time it is 
implemented are to depart the zone. The Captain of the Port Baltimore 
may, in his discretion, grant waivers or exemptions to this rule, 
either on a case-by-case basis or categorically to a particular class 
of vessel that otherwise is subject to adequate control measures.
    (3) Persons desiring to transit the area of the security zone 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). The Coast Guard vessels enforcing 
this section can be contacted on Marine Band Radio, VHF-FM channel 16 
(156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other 
Federal, State, or local agency vessel, by siren, radio, flashing 
light, or other means, the operator of a vessel shall proceed as 
directed. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port Baltimore or his 
designated representative and proceed at the minimum speed necessary to 
maintain a safe course while within the zone.
    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zones by Federal, State, and local agencies.
    (d) Enforcement period. This section will be enforced from 4 p.m. 
through 11:59 p.m. on January 24, 2012.

    Dated: January 4, 2012.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-786 Filed 1-17-12; 8:45 am]
BILLING CODE 9110-04-P


