
[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Rules and Regulations]
[Pages 4790-4792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01239]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0938]
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. 
This action is necessary to safeguard 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. This action is intended 
to temporarily restrict vessel traffic in portions of the Potomac and 
Anacostia Rivers during the event.

DATES: This rule is effective from January 15, 2013 until January 24, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0938]. 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 L. Houck, at Sector Baltimore Waterways 
Management Division, U.S. Coast Guard; telephone 410-576-2674, email 
Ronald.L.Houck@uscg.mil. 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 October 24, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone, Potomac and Anacostia Rivers; 
Washington, DC'' in the Federal Register (77 FR 64943). After the NPRM 
was published in the Federal Register, however, the Coast Guard 
determined that the boundary of the proposed security zone on the south 
between the Virginia shoreline and the District of Columbia shoreline 
along latitude 38[deg]51'00'' N needed to be relocated farther 
downstream to and along latitude 38[deg]50'00'' N. On November 28, 
2012, we published a supplemental notice of proposed rulemaking (SNPRM) 
entitled ``Security Zone, Potomac and Anacostia Rivers; Washington, 
DC'' in the Federal Register (77 FR 70964). We received one comment on 
the proposed rules. 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. 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 is 
impracticable. Delaying the effective date would be contrary to the 
safety zone's intended objectives of protecting persons and vessels 
involved in the event and its associated activities, and enhancing 
public and maritime safety.

B. Basis and Purpose

    On January 20, 2013, the U.S. Presidential Inauguration swearing-in 
ceremony will take place at the U.S. Capitol in Washington, DC. 
Activities associated with the Presidential Inauguration include 
several Inaugural ceremonies, balls, parades and receptions in the 
District of Columbia, which are scheduled to occur from January 15, 
2013 through January 24, 2013. During these activities, gatherings of 
high-ranking United States officials and the public-at-large are 
expected to take place. These activities are located along navigable 
waterways within the Captain of the Port Baltimore'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 a security zone 
to address the aforementioned security concerns and to take steps to 
prevent the catastrophic impact that a terrorist attack against the 
large gatherings of high-ranking United States officials, the public-
at-large, and surrounding waterfront areas and communities would have. 
The security zone is necessary to safeguard life and property on the 
navigable waters before, during, and after activities associated with 
the Presidential Inauguration and will help the Coast Guard prevent 
vessels or persons from bypassing the security measures established on 
shore for the events and engaging in waterborne terrorist actions 
during the highly-publicized events.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received one comment in response to the NPRM. No 
public meeting was requested and none was held. What follows is a 
review of,

[[Page 4791]]

and the Coast Guard's response to, the issue that was presented by the 
commenter concerning the proposed regulations.
    The commenter, Mr. David A. Bell, a resident of Hamburg, NY, stated 
his support for the Coast Guard's proposed temporary security zone.
    The security zone is tailored to impose a minimum adverse affect on 
port operations and waterway users located within certain waters of the 
Potomac River and Anacostia River at Washington, DC during the event 
and its associated activities.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and 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. There is no vessel 
traffic associated with recreational boating and commercial fishing 
expected during the effective period, and vessels may seek permission 
from the Captain of the Port Baltimore to enter and transit the zone.

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 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. 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.

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 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.

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.

[[Page 4792]]

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 establishing a temporary security zone. 
This rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist 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 rule.

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, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add Sec.  165.T05-0938 to read as follows:


Sec.  165.T05-0938  Security Zone, Potomac and Anacostia Rivers; 
Washington, DC.

    (a) Location. The following area is a security zone:
    (1) 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]50'00'' N, including the waters of the Georgetown Channel Tidal 
Basin; and
    (2) 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. All coordinates refer to datum NAD 1983.
    (b) Regulations. The general security zone regulations found in 33 
CFR 165.33 apply to the security zone created by this temporary 
section, Sec.  165.T05-0938.
    (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 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.
    (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. Permission may be requested prior to 
activation of the zone. 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.
    (c) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (d) 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.
    (e) Effective period. This section will be enforced from 8 a.m. on 
January 15, 2013 through 10 p.m. on January 24, 2013.

    Dated: January 10, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-01239 Filed 1-22-13; 8:45 am]
BILLING CODE 9110-04-P


