[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Rules and Regulations]
[Pages 29615-29621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10152]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0448]
RIN 1625-AA87


Security Zone; Potomac River, Montgomery County, MD

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is finalizing regulations for a security zone 
for certain waters of the Potomac River to prevent waterside threats 
and incidents while persons protected by the United States Secret 
Service (USSS) are at the Trump National Golf Club at Potomac Falls, 
VA. This regulation prohibits vessels and people from entering the 
security zone unless specifically exempt under the provisions in this 
rule or granted specific permission from the COTP Maryland-National 
Capital Region or a designated representative. This regulation also 
governs activities of vessels and persons already in the security zone 
when it is activated.

[[Page 29616]]


DATES: This rule is effective June 17, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0448 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MD-DNR Maryland Department of Natural Resources
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
USSS United States Secret Service

II. Basis and Purpose, and Regulatory History

    The United States Coast Guard is finalizing regulations for a 
security zone that encompasses certain waters of the Potomac River next 
to the Trump National Golf Club at Potomac Falls, VA. The Coast Guard 
published an interim rule, ``Security Zone; Potomac River, Montgomery 
County, MD'' on July 10, 2017 (82 FR 31719). In accordance with 5 
U.S.C. 553(b)(B), the rule was made immediately effective. Although 
immediately effective, the Coast Guard provided the public with a 30-
day post-effective comment period. After reviewing the public input, 
the Coast Guard published a second interim rule, ``Security Zone; 
Potomac River, Montgomery County, MD'' on March 21, 2019 (84 FR 10420), 
which responded to comments received and made modifications to the 
rule. In accordance with 5 U.S.C. 553(b)(B), the March 2019 interim 
rule was made immediately effective, but the Coast Guard provided the 
public with a 90-day post-effective comment period on the modified 
rule. During the comment period on the March 2019 interim rule, which 
ended June 19, 2019, we received six comments.

III. Legal Authority and Need for Rule

    Under the Ports and Waterways Safety Act, the Coast Guard has 
authority to establish water or waterfront safety zones, or other 
measures, for limited, controlled, or conditional access and activity 
when necessary for the protection of any vessel, structure, waters, or 
shore area, 46 U.S.C. 70011(b)(3). This rule safeguards the lives of 
persons protected by the Secret Service, and of the general public, by 
enhancing the safety and security of navigable waters of the United 
States during heightened security events at the Trump National Golf 
Club at Potomac Falls, Virginia. The Coast Guard will activate the 
security zone when requested by the USSS for the protection of USSS 
protectees when they are at the Trump National Golf Club. The USSS 
provides protection to individuals either pursuant to 18 U.S.C. 3056 or 
pursuant to a Presidential memorandum. The Coast Guard is issuing this 
rule under authority in 46 U.S.C. 70034, as delegated by Department of 
Homeland Security Delegation no. 0170.1, section II, paragraph 70, from 
the Secretary of DHS to the Commandant of the U.S. Coast Guard, and 
further redelegated by 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5 to the 
Captains of the Port.

III. Discussion of Comments

    As noted above, we received six submissions in response to our 
second interim rule, published March 21, 2019. The comments are 
available for public inspection at www.regulations.gov under docket 
USCG-2017-0448.
    The comments raised a total of nine questions or concerns that we 
address below.
    1. Can the Coast Guard clarify that transits that occur from 
Violette's Lock to Seneca Falls and the George Washington Canal do not 
occur within the security zone, and therefore, are not subject to the 
security zone requirements in the 2019 IFR?
    Persons and vessels transiting from Violett's Lock to Seneca Falls 
and the George Washington Canal are outside the security zone and are 
not subject to the transit restrictions imposed by the security zone at 
any time, including when the security zone is being enforced. The March 
2019 interim rule incorrectly indicated in a comment response that 
these waterway users would need to transit through the security zone. 
The regulatory text itself was correct; the error was in the preamble 
language.
    2. Could the Coast Guard create a 50-yard restricted area on the 
Virginia side for slow-moving waterway traffic?
    The Coast Guard established the security zone at the request of, 
and in coordination with, the USSS. The design of the security zone is 
needed to support security measures required during heightened security 
events at the Trump National Golf Club while USSS protectees are 
present. As discussed in the March 2019 rule, the Coast guard manages 
waterborne security risk by maintaining positive control of entry into 
the zone and keeping a minimum stand-off distance from the Virginia 
shoreline for all vessels. A corridor on the Virginia side would not 
allow this positive control of the area being protected.
    3. The rule is burdensome to older, slower recreational paddlers, 
and may discourage them from using the waterway.
    The COTP will provide sufficient notice of the security zone's 
activation and enforcement period for persons to schedule, coordinate 
and adjust their transit schedules. If paddlers are on the water within 
the zone when activated, the Coast Guard will allow these paddlers 
adequate time to proceed safely out of the zone at a reasonable rate of 
speed. But, no paddlers will be allowed to loiter within the zone.
    4. Can the transit zone be located outside of the security zone?
    The Coast Guard, with USSS, has determined that given the width of 
the waterway at this location, the width of the security zone, from 
shore to shore, is required at the request of the USSS. When the 
security zone is activated, a transit lane will be provided along the 
Maryland shoreline that will allow river traffic to transit after 
permission is granted by the COTP Maryland-National Capital Region or a 
designated representative in consultation with the USSS.
    5. What does getting permission from the COTP entail?
    Persons and vessel operators intending to enter or transit the 
security zone (including the transit lane) while the zone is being 
enforced must obtain authorization from the COTP or designated 
representative. To obtain authorization, persons and vessel operators 
must contact the COTP or designated representative by phone at 410-576-
2675, on marine band radio VHF-FM channel 16 (156.8 MHz), or by 
visually or verbally hailing the on-scene law enforcement vessel 
enforcing the zone. Access to the security zone during enforcement will 
be determined by the COTP or designated representative on a case-by-
case basis. The Coast Guard does not issue authorizations to enter the 
zone in the form of permits. The Coast Guard does not provide 
authorization to enter the security zone in advance.
    6. Will the Government continue to consider how this particular 
security

[[Page 29617]]

zone (and future zones) impact the First Amendment rights of citizens?
    As stated in our March 2019 interim final rule, the Coast Guard 
agrees that First Amendment considerations must be evaluated during the 
rulemaking process for actions taken by the Coast Guard. The Coast 
Guard believes that this zone is narrowly tailored and minimizes 
intrusion into the rights of protestors while providing necessary 
security measures for persons protected by the USSS. As stated in the 
``Protest Activities'' section of the Regulatory Analysis portion of 
both the July 2017 interim final rule, the March 2019 interim final 
rule, and this current action, the Coast Guard respects the First 
Amendment rights of protestors. 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. The Coast Guard's authority is limited to actions within our 
jurisdiction.
    7. Enforcement personnel should be appropriately and continuously 
trained on the security zone's boundaries and regulations.
    To ensure proper application of the regulation, the Coast Guard 
holds pre-mission briefings prior to each activation of the zone that 
discuss the regulation, including visual landmarks demarcating the 
zone's boundaries that personnel should use when enforcing the zone. In 
addition to the pre-mission briefing, enforcement personnel are 
provided a written informational bulletin prior to each activation. The 
Coast Guard will continue to coordinate enforcement efforts with the 
other government agencies assisting with enforcement.
    8. Notice should be posted on federal land at Violette's Lock, 
Riley's Lock and at Algonkian Park when the security zone is in effect, 
with the estimated time that security zone enforcement will end, and a 
reminder of the phone number to which the public can call to check the 
enforcement status.
    As stated in the March 2019 interim rule, for security and 
logistical reasons the Coast Guard can only provide minimal advance 
notice of activation. The COTP Maryland-National Capital Region will 
notify waterway users and the boating community of activation of the 
security zone via Broadcast Notice to Mariners (BNM), an information 
release at the website: www.news.uscg.mil/Baltimore/ and by a recorded 
message at telephone number (410) 576-2675. As the commenter stated in 
their comment, during recent activations of the security zone, law 
enforcement personnel have been assigned to the boat ramp at Riley's 
Lock to inform members of the public that the security zone is in 
effect. But, it is not feasible to have law enforcement officials 
present at all launch sites each time the security zone is activated.
    9. Will there be additional regulations put into place by 
Government agencies that further restrict the public's use of land or 
water in an effort to support the vacation and recreation activities of 
high-level government officials.
    The Coast Guard's authority is limited to actions within our 
jurisdiction. The USSS is tasked with providing the highest level of 
security for certain individuals, and has requested the Coast Guard's 
assistance in this location. The need for and level of security does 
not change based on the activities of protected individuals. In the 
March 2019 interim rule, and affirmed in this final rule, the Coast 
Guard shortened the size of the security zone and added the transit 
lane along the Maryland shore to provide an opportunity for the public 
to enjoy the river while persons protected by the USSS participate 
safely in their chosen activities.

IV. Discussion of the Rule

    The Coast Guard is adopting the text of the rule from the March 
2019 IR with one change. The Coast Guard is amending the text of the 
rule to reflect that the USSS provides protection to individuals 
pursuant to a Presidential memorandum in addition to those persons 
listed at 18 U.S.C. 3056. This rule affirms the security zone to 
include all navigable waters of the Potomac River, from shoreline to 
shoreline, within an area bounded on the west by a line connecting the 
following points: latitude 39[deg]03'44.7'' N, longitude 
077[deg]21'47'' W, thence north to latitude 39[deg]04'03'' N, longitude 
077[deg]21'47'' W, and bounded on the east by a line connecting the 
following points: latitude 39[deg]04'04'' N, longitude 077[deg]19'58'' 
W, thence south to latitude 39[deg]03'41.35'' N, longitude 
077[deg]20'05.30'' W. This rule provides an area within the security 
zone along the Maryland shoreline, designated the ``Transit lane,'' 
including a definition and the restrictions that apply within the lane 
to waterway users. However, permission for waterways users to operate 
within this lane will be determined by the COTP, or designated 
representative. The public can learn the status of the security zone 
via an information release for the public via website 
www.news.uscg.mil/Baltimore/ and a recorded message at telephone number 
(410) 576-2675.
    Entry into the security zone is prohibited while the zone is in 
force, unless public use of the transit lane is specifically authorized 
by the COTP Maryland-National Capital Region or a designated 
representative. Except for public vessels, this rule will require all 
vessels in the designated security zone to immediately depart the 
security zone. Federal, State, and local agencies may assist the Coast 
Guard in the enforcement of this rule. The duration of the zone is 
intended to ensure the security of persons protected by the USSS while 
at Trump National Golf Club. The COTP Maryland-National Capital Region 
will notify waterway users and the boating community of the security 
zone, via BNM, an information release at the website: 
www.news.uscg.mil/Baltimore/ and a recorded message at telephone number 
(410) 576-2675.

V. Regulatory Analyses

    The Coast Guard developed this rule after considering numerous 
statutes and Executive orders related to rulemaking. The Coast Guard 
summarizes its analyses based on a number of these statutes and 
Executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 \1\ direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 \2\ directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
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    \1\ https://www.federalregister.gov/documents/2011/01/21/2011-1385/improving-regulation-and-regulatory-review.
    \2\ https://www.federalregister.gov/documents/2017/02/03/2017-02451/reducing-regulation-and-controlling-regulatory-costs.
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    This regulatory action determination is based on the following 
reasons: (1) The public may move through the area along the Maryland 
shoreline using the dedicated transit lane during the enforcement of 
the security zone with permission from the COTP or COTP's designated 
representative, (2) the security zone will be enforced only as required 
by the USSS and for only the period of time necessary, and (3) the

[[Page 29618]]

COTP Maryland-National Capital Region will notify waterway users and 
the boating community of the security zone via BNM, an information 
release at the website: www.news.uscg.mil/Baltimore/ and a recorded 
message at telephone number (410) 576-2675.
    A regulatory evaluation and Regulatory Flexibility Analysis follows 
and provides an evaluation of the economic impacts associated with this 
rule. In this final rule, the Coast Guard affirms the revisions to the 
security zone which were made in the 2019 interim rule. This final rule 
also affirms the geographic boundaries for the security zone which were 
published in the interim final rule of March 21, 2019. These boundaries 
reflect changes from the boundaries in the interim final rule of July 
10, 2017. The following table provides a summary of the rule's costs 
and qualitative benefits.

                 Table 1--Summary of the Rule's Impacts
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             Category                              Summary
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Potentially Affected Population...  Operators of summer camps; operators
                                     of kayak and watercraft instruction
                                     schools; recreational boaters
                                     including kayakers, water ski
                                     users, stand up paddle boarders
                                     (SUPs); fishermen; waterfowl
                                     hunters; nonprofit organizations;
                                     exercisers, owners of residences
                                     near the area, political protesters
                                     as well as federal agencies such as
                                     the Coast Guard and the USSS The
                                     rule also may indirectly impact
                                     some federal agencies. State \3\
                                     and local law enforcement and
                                     recreational/park authorities in
                                     the area may have interests.
Costs.............................  Does not impose additional direct
                                     costs on the public or to the Coast
                                     Guard.
Unquantified Benefits.............  * Reinforces an established Security
                                     Zone.
                                    * Helps secure area to meet
                                     objectives of the USSS.
------------------------------------------------------------------------

Affected Population
    The Coast Guard does not collect data on the vessels and 
individuals that use this area of the Potomac River. Based on comments 
to the Coast Guard's original interim final rule (dated July 10, 2017), 
the Coast Guard estimates that this rule affects recreational boaters 
including kayakers, personal water craft (PWCs)  operators,\4\ and 
stand up paddle boarders (SUPs); persons using the area for exercise 
activities; fishermen; commercial vessel operators; and political 
protesters. This final rule impacts the Coast Guard and the U.S. Secret 
Service (USSS) directly. No governmental jurisdictions at the State, 
Tribal or municipal level will be impacted directly by this final rule.
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    \3\ The Potomac River falls in the State of Maryland. Maryland 
law enforcement personnel and vessels (http://dnr.maryland.gov/nrp/Pages/default.aspx) of the Maryland Natural Resources Police (MNRP) 
have participated in past security zone enforcements. A CG officer 
will deploy on a MNRP boat during an enforcement.
    \4\ Predominately this includes jet ski users.
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    Exact numbers are not available, but the Coast Guard estimates the 
total size of the population affected by this final rule to be in the 
hundreds. The Coast Guard attempted to collect further data by using 
the U.S. Geological Survey's satellite technology. The technology was 
not detailed enough to do a count of individuals such as swimmers or 
inner tube users. Likewise, the technology was not precise enough to 
tally vessels as small as a kayak or SUP. The comments suggested the 
number these vessels ranged from ``a dozen'' to ``thousands.'' The most 
often cited of these estimates was ``hundreds.'' We received no 
comments on affected population in response to the March 21, 2019, 
interim final rule.
    The Coast Guard also sought an estimate from its personnel who 
manage enforcement of the security zone. The Coast Guard does not 
normally collect data on the number of vessels and individuals that use 
this area. Onsite personnel estimated up to six recreational vessels 
and up to 25 kayakers transiting during the typical enforcement of the 
security zone.
Costs
    This final rule affirms the existing security zone established by 
the March 2019 interim rule (84 FR 10420, March 21, 2019). The security 
zone covers waters of the Potomac River next to Trump National Golf 
Club at Potomac Falls, VA, and prevents waterside threats and incidents 
while persons protected by the USSS are at the club. It continues to 
prohibit vessels and people from entering the security zone unless 
specifically exempt under the provisions in this rule or granted 
specific permission from the COTP Maryland-National Capital Region or 
designated representative. This final rule also governs activities of 
vessels and persons already in the security zone when activated. This 
rule will not require any entity to take action beyond what was already 
required under the 2019 interim final rule. As a result, this final 
rule does not impose additional direct costs on the public or to the 
Coast Guard. A description of the rule's provisions follows.
    Section 165.557(a) establishes the definitions. These definitions 
do not add direct cost to the public or Government. The definition of 
``vessel'' establishes the applicability of these regulations to a 
multitude of watercraft including but not limited to kayaks, stand up 
paddleboards (SUPs) and inner tubes. Therefore, the rule will apply to 
users of these types of vessels.
    Section 165.557(b) describes where the security zone is located. 
Actions that are necessitated when a security zone is declared are 
specified in existing regulations. Under 33 CFR 165.7(a), when the 
establishment of these limited access areas occurs, notification may be 
made by marine broadcasts, local notice to mariners, local news media, 
distribution in leaflet form, and on-scene oral notice, as well as 
publication in the Federal Register. Entering or remaining in the 
security zone is prohibited unless authorized by the COTP or a 
designated representative in consultation with the USSS when the 
security zone is being enforced. Section 165.557(d) requires that the 
COTP provide notice of enforcement of the security zone by Broadcast 
Notice to Mariners, information release at the website, and pre-
recorded message at telephone number, as well as on-scene notice.
    The Coast Guard received a comment during the March 21, 2019, 
interim final rule's comment period on training. A commenter \5\ 
requested USCG conduct training for personnel. The Coast Guard conducts 
pre-mission briefings prior to each activation of the zone. In addition 
to the pre-mission briefing, enforcement personnel are provided a 
written informational bulletin prior to each activation.\6\ The pre-
mission briefings

[[Page 29619]]

are conducted by a Coast Guard officer (O-3) and are attended by Coast 
Guard personnel ranking from E-4 to O-3, and may also be attended 
voluntarily by local law enforcement and USSS personnel. This pre-
mission briefing may occur as part of other briefing tasks.
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    \5\ https://www.regulations.gov/document?D=USCG-2017-0448-0645.
    \6\ This paperwork task is exempt from the requirements of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) because the 
material is produced by Federal personnel and distributed to Federal 
personnel.
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    The final rule may result in indirect costs to the public in the 
form of opportunity costs for lost leisure time to access to the 
restricted area of the Potomac River. Onsite Coast Guard personnel have 
reported that no queue of recreational or commercial vessels has 
occurred with previous enactments of the security zone. For this 
reason, the Coast Guard has not computed a cost of the final rule for 
this issue.
    With regard to the other effects of the final rule's provisions, 
the final rule does result in actions being taken by the Coast Guard 
and USSS directly, but it does not result in any new costs or burdens. 
The impact that this final rule will have on these two Federal agencies 
is considered part of their mission and responsibility, and thus part 
of their current responsibilities to the public and other Federal 
entities.
Benefits
    This security zone is necessary to prevent waterside threats and 
incidents for events held at Trump National Golf Clubhouse when persons 
protected by the USSS are at the club.
    No comments on the benefits of the rulemaking were received in 
response to the March 21, 2019, interim final rule.
Regulatory Alternatives Considered
    The Coast Guard considered whether any alternative could accomplish 
the stated objectives and minimize any significant economic impact on 
small entities. In developing this final rule, the Coast Guard 
considered the following alternatives:
    (1) Issue a rule that would not require any vessel to get 
permission from the Coast Guard prior to entering the transit lane, 
with or without changes to the zone's boundaries described in the July 
10, 2017, interim final rule.
    (2) Issue a rule that would not require human-powered vessels to 
get permission from the Coast Guard prior to entering the transit lane, 
with or without changes to the zone's boundaries described in the July 
10, 2017, interim final rule.
    (3) Return boundaries to the July 10, 2017, interim final rule.
    Alternative 1: Issue a rule that would not require any vessel to 
get permission from the Coast Guard prior to entering the transit lane, 
with or without changes to the zone's boundaries described in the July 
10, 2017, interim final rule.
    The Coast Guard considered issuing a rulemaking that did not 
require any vessel to obtain permission from the COTP or the designated 
representative prior to entering the transit lane. But, the Coast Guard 
rejected this option because this approach would undermine the security 
measures this rule intends to provide. This option would have allowed 
persons with harmful intent immediate access to the Trump National Golf 
Club shoreline while USSS protectees were present. Instead, the Coast 
Guard chose to continue to allow vessels to use the transit lane as 
conditions permit and with approval from the COTP or designated 
representative. This helps the Coast Guard manage waterborne security 
risk by maintaining positive control of entry into the zone and keeping 
a minimum stand-off distance from the Virginia shoreline for all 
vessels.
    Alternative 2: Issue a rule that would not require human-powered 
vessels to get permission from the Coast Guard prior to entering the 
transit lane, with or without changes to the zone's boundaries 
described in the July 10, 2017, interim final rule.
    The Coast Guard considered amending the security zone to require 
only powered vessels to get permission from the COTP or the designated 
representative prior to entering the transit lane. Under this option, 
human-powered vessels such as kayaks, canoes, and paddleboards would 
not need permission from the COTP or designated representative before 
entering the transit lane. We rejected this option because this 
approach would have undermined the security measures this final rule 
intends to provide. An exemption for paddle craft would allow persons 
with harmful intent immediate access to the Trump National Golf Club 
shoreline while USSS protectees were present. Instead, the Coast Guard 
will continue maintaining a shoreline-to-shoreline security zone 
activated when USSS protectees are present and will continue to allow 
vessels to use the transit lane as conditions permit. This helps the 
Coast Guard manage waterborne security risk by maintaining positive 
control of entry into the zone and keeping a minimum stand-off distance 
from the Virginia shoreline for all vessels.
    Alternative 3: Return boundaries to the July 10, 2017, interim 
final rule.
    The Coast Guard considered issuing a rule which would have used the 
boundaries as promulgated in the interim final rule of July 10, 2017. 
The boundaries of the 2017 interim final rule are wider than the 
boundaries of the 2019 interim final rule and this final rule. This 
alternative would have excluded a provision which was favored by the 
public \7\ and is part of the preferred alternative (i.e., the 2019 IFR 
and this final rule). The alternative would have restricted a larger 
area of the river and would have had a greater impact on the public. 
This alternative would not provide any increased security over the 
preferred alternative adopted in this final rule. For these reasons, 
the Coast Guard chose to adopt the less restrictive 2019 interim final 
rule.
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    \7\ Commenters (USCG-2017-0448-0059, USCG-2017-0448-0038, USCG-
2017-0448-0008, USCG-2017-0448-0067, USCG-2017-0448-0050, USCG-2017-
0448-0144, USCG-2017-0448-0099, USCG-2017-0448-0104, USCG-2017-0448-
0172, USCG-2017-0448-0183) supported a transit lane; albeit it may 
have not been referred to as such in their comments.
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    The preferred alternative (this final rule) affirms the 
establishment of a security zone with a transit lane to accommodate the 
public, in the same configuration that was established by the 2019 
interim rule. This final rule also affirms the communication methods 
the Coast Guard will use to inform the public about the rule's 
enforcement.

B. Impact on Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we 
considered whether this final rule will 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 fewer than 
50,000 people.
    As described in the ``Regulatory Planning and Review'' section, the 
Coast Guard expects this final rule to result no direct costs to any 
entities, including small entities. There are potential indirect costs 
for some entities. The affected population for the indirect costs 
consists of private individuals who own recreational vessels or who 
engage in recreational activities in this area of the Potomac River, 
commercial entities and nonprofits which have activities or operate 
vessels in this area of the Potomac and governmental entities.
    Although some owners or operators of vessels intending to transit 
the security zone may be small entities, for the reasons stated in 
Section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator. No governmental

[[Page 29620]]

jurisdictions at the State, Tribal or municipal level will be impacted 
directly by this final rule. Thus, the compliance with this final rule 
does not represent a significant economic impact on small entities.
    The Coast Guard received no comments on its small entities analysis 
in the March 21, 2019, interim final rule.
    The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this final rule will not have a significant economic 
impact on a substantial number of small entities.

C. 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).

D. Federalism and Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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 Tribal governments, on the relationship between the Federal 
Government and Tribal governments, or on the distribution of power and 
responsibilities between the Federal Government and Tribal governments. 
If you believe this rule has implications for federalism or Tribal 
relationships, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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.

F. Environment

    The Coast Guard has analyzed this rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969(42 U.S.C. 4321-4370f), and has 
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 a security zone that prohibits entry on 
specified waters of the Potomac River during frequently occurring 
heightened security events. It is categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. 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.

List of Subjects in 33 CFR Part 165

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

    For the reasons stated in the preamble, the Coast Guard amends 33 
U.S.C. 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Revise Sec.  165.557 to read as follows:


Sec.  165.557  Security Zone; Potomac River, Montgomery County, MD.

    (a) Definitions. As used in this section:
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard 
Sector Maryland-National Capital Region or any Coast Guard 
commissioned, warrant or petty officer who has been authorized by the 
Captain of the Port to act on his or her behalf.
    Designated representative means a Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port to enforce the security zone described in paragraph (b)(1) of this 
section.
    Public vessel has the same meaning as that term is defined under 46 
U.S.C. 2101.
    (b) Location. Coordinates used in this section are based on datum 
NAD 83.
    (1) Security zone. The following area is a security zone: All 
navigable waters of the Potomac River, from shoreline to shoreline, 
within an area bounded on the west by a line connecting the following 
points: Latitude 39[deg]03'44.7'' N, longitude 077[deg]21'47'' W, 
thence north to latitude 39[deg]04'03'' N, longitude 077[deg]21'47'' W, 
and bounded on the east by a line connecting the following points: 
Latitude 39[deg]04'04'' N, longitude 077[deg]19'58'' W, thence south to 
latitude 39[deg]03'41.35'' N, longitude 077[deg]20'05.30'' W.
    (2) Transit lane. All waters within the Potomac River, contiguous 
with the Maryland shoreline and extending out into the Potomac River 
approximately 250 yards, within an area bounded by a line connecting 
the following points: Beginning at the Maryland shoreline at latitude 
39[deg]04'03'' N, longitude 077[deg]21'47'' W, thence south to latitude 
39[deg]03'55.3'' N, longitude 077[deg]21'47'' W, thence east to 
latitude 39[deg]03'56.8'' N, longitude 077[deg]20'00.3'' W, thence 
north to the Maryland shoreline at latitude 39[deg]04'04'' N, longitude 
077[deg]19'58'' W, thence back along the shoreline to the originating 
point.
    (c) Regulations. The general security zone regulations found in 
Sec.  165.33 apply to the security zone created by this section.
    (1) Except for public vessels, entry into or remaining in the 
security zone described in paragraph (b)(1) of this section is 
prohibited unless authorized by the COTP or designated representative 
when the aforementioned security zone is being enforced. At the start 
of each enforcement, all persons and vessels within the security zone 
must depart the zone immediately or obtain authorization from the COTP 
or designated representative to remain within the zone. All vessels 
authorized to remain in the zone shall proceed as directed by the COTP 
or designated representative.
    (2) Persons and vessel operators who intend to enter or transit the 
security zone while the zone is being enforced must obtain 
authorization from the

[[Page 29621]]

COTP or designated representative. Access to the zone will be 
determined by the COTP or designated representative on a case-by-case 
basis when the zone is enforced. Persons and vessel operators 
requesting permission to enter or transit the security zone may contact 
the COTP or designated representative at telephone number 410-576-2675, 
on marine band radio VHF-FM channel 16 (156.8 MHz), or by visually or 
verbally hailing the on-scene law enforcement vessel enforcing the 
zone. On-scene Coast Guard personnel enforcing this section can be 
contacted on marine band radio, VHF-FM channel 16 (156.8 MHz). The 
operator of a vessel shall proceed as directed upon being hailed by a 
U.S. Coast Guard vessel, or other Federal, State, or local law 
enforcement agency vessel, by siren, radio, flashing light, or other 
means. When authorized by the COTP or designated representative to 
enter the security zone all persons and vessels must comply with the 
instructions of the COTP or designated representative and proceed at 
the minimum speed necessary to maintain a safe course while within the 
security zone.
    (3) The transit lane, described in paragraph (b)(2) of this 
section, is the only part of the security zone through which persons 
and vessels may travel. Before entering the transit lane, persons or 
vessels must have authorization as described in paragraph (c)(2) of 
this section. All persons and vessels shall operate at bare steerage or 
no-wake speed while transiting through the lane, and must not loiter, 
stop, or anchor, unless authorized or otherwise instructed by the COTP 
or a designated representative.
    (4) The U.S. Coast Guard may secure the entire security zone, 
including transit lane, if deemed necessary to address security threats 
or concerns.
    (5) The U.S. Coast Guard may be assisted by Federal, State, and 
local law enforcement agencies in the patrol and enforcement of the 
security zone described in paragraph (b)(1) of this section.
    (d) Enforcement. The Coast Guard activates the security zone when 
requested by the U.S. Secret Service for the protection of individuals 
who qualify for protection under 18 U.S.C 3056(a) or Presidential 
memorandum. The COTP will provide the public with notice of enforcement 
of security zone by Broadcast Notice to Mariners (BNM), information 
release at the website: www.news.uscg.mil/Baltimore/ and via a recorded 
message at telephone number (410) 576-2675 as well as on-scene notice 
by designated representative or other appropriate means in accordance 
with Sec.  165.7.

    Dated: April 27, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2020-10152 Filed 5-15-20; 8:45 am]
BILLING CODE 9110-04-P


