[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Rules and Regulations]
[Pages 11305-11308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04304]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0127]
RIN 1625-AA87


Security Zones; Anacostia River, Washington, DC, and Susquehanna 
River, Between Cecil and Harford Counties, MD

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary security zones 
for certain navigable waters of the Anacostia River and Susquehanna 
River. The security zones are needed to safeguard persons, including 
those under the protection of the United States Capitol Police (USCP), 
and property from terrorist acts and incidents and to prevent terrorist 
acts or incidents while travelling across navigable waters between 
Washington, DC, and Philadelphia, PA. These security zones will be 
enforced only for the protection of those persons when in the area and 
will restrict vessel traffic while the zones are being enforced. Entry 
of vessels or persons into these zones is prohibited unless 
specifically authorized by the Captain of the Port, Maryland-National 
Capital Region or a designated representative.

DATES: This rule is effective from 11 a.m. on March 9, 2022, until 11 
p.m. on March 11, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0127 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the 
Document Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ron Houck, Sector Maryland-NCR, Waterways Management 
Division, U.S. Coast Guard: telephone 410-576-2674, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

[[Page 11306]]

II. Background Information and Regulatory History

    Persons under the protection of the USCP will be travelling to and 
from a nationally-publicized event in Philadelphia, PA, on March 9, 
2022, and March 11, 2022, respectively. The highways to be travelled 
are located across navigable waters within the Captain of the Port, 
Maryland-National Capital Region's Area of Responsibility, as set forth 
at 33 CFR 3.25-15.
    The Coast Guard is issuing this temporary rule without prior notice 
and 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 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 impracticable and contrary to 
public interest to delay the effective date of this rule. Immediate 
action is needed to protect persons under the protection of the USCP, 
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 these security zones. 
Furthermore, delaying the effective date would be contrary to the 
security zones' intended objectives of protecting persons under the 
protection of the USCP, mitigating potential terrorist acts and 
enhancing public and maritime safety and security. It is impracticable 
to publish an NPRM because we must establish the security zones by 
March 9, 2022.
    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. Delaying the effective date of 
this rule would be impracticable because immediate action to restrict 
vessel traffic is needed 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 zones' intended 
objectives of protecting persons under the protection of the USCP, 
mitigating potential terrorist acts and enhancing public and maritime 
safety and security.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port, Maryland-National Capital Region (COTP) 
has determined that the presence of persons under the protection of the 
USCP at these locations presents a potential target for terrorist 
attack, sabotage, or other subversive acts, accidents, or other causes 
of similar nature. This rule is needed to protect persons under the 
protection of the USCP, personnel in and around these locations, 
navigable waterways, and waterfront facilities.

IV. Discussion of the Rule

    This rule establishes two security zones for certain navigable 
waters within the COTP Maryland-National Capital Region Zone, as 
described in 33 CFR 3.25-15, and will be enforced during the times 
described below for each zone.
    The first security zone will be enforced from 11 a.m. to 11 p.m. on 
March 9, 2022, and from 11 a.m. to 11 p.m. on March 11, 2022. The 
security zone will cover all navigable waters of the Anacostia River, 
encompassed by a line connecting the following points, beginning at the 
shoreline down river from the Southeast Freeway (I-695) Bridge at 
38[deg]52'18'' N, 076[deg]59'42'' W, thence southeast across the river 
to the shoreline at 38[deg]52'06'' N, 076[deg]59'36'' W, thence north 
and east along the shoreline to 38[deg]52'24'' N, 076[deg]59'02'' W, 
thence northwest across the river to the shoreline at 38[deg]52'31'' N, 
076[deg]59'08'' W, thence west and south along the shoreline back to 
the beginning point, located at Washington, DC The duration of the zone 
is intended to protect persons under the protection of the USCP, 
personnel in and around these locations, navigable waterways, and 
waterfront facilities.
    The second security zone will be enforced from 11 a.m. to 11 p.m. 
on March 9, 2022, and from 11 a.m. to 11 p.m. on March 11, 2022. The 
security zone will cover all navigable waters of the Susquehanna River, 
encompassed by a line connecting the following points, beginning at the 
shoreline down river from the Millard E. Tydings Memorial (I-95) Bridge 
at 39[deg]34'31'' N, 076[deg]06'25'' W, thence northeast across the 
river to the shoreline at 39[deg]34'55'' N, 076[deg]05'36'' W, thence 
northwest along the shoreline to 39[deg]35'15'' N, 076[deg]06'04'' W, 
thence southwest across the river to the shoreline at 39[deg]34'55'' N, 
076[deg]06'50'' W, thence southeast along the shoreline back to the 
beginning point, located between Cecil and Harford Counties, MD. The 
duration of the zone is intended to protect persons under the 
protection of the USCP, personnel in and around these locations, 
navigable waterways, and waterfront facilities.
    No vessel or person will be permitted to enter the security zones 
without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 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. 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).
    This regulatory action determination is based on the sizes, 
locations, and limited durations of the security zones. The first zone 
impacts a small designated area of the Anacostia River for 24 total 
enforcement hours. This portion of the waterway supports tug and barge 
traffic year round and recreational vessel traffic, which at its peak, 
occurs mainly during the summer season. The second zone impacts a small 
designated area of the Susquehanna River for 24 total enforcement 
hours. This portion of the waterway supports recreational vessel 
traffic, which at its peak, occurs mainly during the summer season. 
Although these security zones extend across the entire widths of the 
respective waterways, these security zones will be enforced only for 
the protection of those persons when in the area and will restrict 
vessel traffic while the zones are being enforced. Moreover, the Coast 
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the status of the security zones.

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

[[Page 11307]]

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.
    While some owners or operators of vessels intending to transit the 
safety 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.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

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 Indian 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 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.

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

    We have 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 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 two 
temporary security zones lasting only 24 total enforcement hours that 
will prohibit entry within certain navigable waters of the Anacostia 
River and Susquehanna River. 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. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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 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:  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. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T05-0127 to read as follows:


Sec.  165.T05-0127   Security Zones; Anacostia River, Washington, DC, 
and Susquehanna River, between Cecil and Harford Counties, MD.

    (a) Locations. The following areas are a security zone. These 
coordinates are based on WGS 84.
    (1) Security Zone 1. All navigable waters of the Anacostia River, 
encompassed by a line connecting the following points, beginning at the 
shoreline down river from the Southeast Freeway (I-695) Bridge at 
38[deg]52'18'' N, 076[deg]59'42'' W, thence southeast across the river 
to the shoreline at 38[deg]52'06'' N, 076[deg]59'36'' W, thence north 
and east along the shoreline to 38[deg]52'24'' N, 076[deg]59'02'' W, 
thence northwest across the river to the shoreline at 38[deg]52'31'' N, 
076[deg]59'08'' W, thence west and south along the shoreline back to 
the beginning point, located at Washington, DC.
    (2) Security Zone 2. All navigable waters of the Susquehanna River, 
encompassed by a line connecting the following points, beginning at the 
shoreline down river from the Millard E. Tydings Memorial (I-95) Bridge 
at 39[deg]34'31'' N, 076[deg]06'25'' W, thence northeast across the 
river to the shoreline at 39[deg]34'55'' N, 076[deg]05'36'' W, thence 
northwest along the shoreline to 39[deg]35'15'' N, 076[deg]06'04'' W, 
thence southwest across the river to the shoreline at 39[deg]34'55'' N, 
076[deg]06'50'' W, thence southeast along the shoreline back to the 
beginning point, located between Cecil and Harford Counties, MD.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard 
Sector Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer, including a Coast Guard coxswain, petty 
officer, or other officer operating a Coast Guard vessel and a Federal, 
State, and local officer designated by or assisting the Captain of the 
Port Maryland-National Capital

[[Page 11308]]

Region (COTP) in the enforcement of the security zone.
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, you may not enter the security zone described 
in paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by telephone number 410-576-2693 or on Marine Band Radio 
VHF-FM channel 16 (156.8 MHz). Those in the security zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (d) Enforcement periods. This section will be enforced from 11 a.m. 
to 11 p.m. on March 9, 2022, and from 11 a.m. to 11 p.m. on March 11, 
2022.

    Dated: February 24, 2022.
David E. O'Connell,
Commander, U.S. Coast Guard, Captain of the Port Sector Maryland-
National Capital Region.
[FR Doc. 2022-04304 Filed 2-28-22; 8:45 am]
BILLING CODE 9110-04-P


