[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Proposed Rules]
[Pages 64943-64946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26218]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary security 
zone encompassing certain waters of the Potomac and Anacostia Rivers. 
This action is necessary to prevent terrorist acts and incidents and to 
safeguard high-ranking government officials and the public-at-large 
immediately before, during and after activities associated with the 
Presidential Inauguration in Washington, DC from January 15, 2013 
through January 24, 2013. 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: Comments and related material must be received by the Coast 
Guard on or before November 23, 2012.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald L. Houck, Sector Baltimore, Waterways 
Management Division, U.S. Coast Guard; telephone (410) 576-2674, email 
[email protected]. 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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.

[[Page 64944]]

    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2012-0938] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2012-0938) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    This rule involves the Presidential Inauguration, an event with a 
swearing-in ceremony that takes place in Washington, DC every four 
years on January 20th following the U.S. General election in November. 
The 55th and 56th Presidential Inaugurations were designated National 
Special Security Events by the Department of Homeland Security.

C. 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, a gathering of 
high-ranking United States officials and the public-at-large is 
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 proposing to establish 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 proposed 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.

D. Discussion of Proposed Rule

    Through this regulation, the Coast Guard proposes to establish a 
temporary security zone. The proposed zone will be in effect from 
January 15, 2013 through January 24, 2013. The proposed zone will cover 
(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]51'00'' 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.
    This rule requires that entry into or remaining in this security 
zone is prohibited unless authorized by the Coast Guard Captain of the 
Port Baltimore. Vessels already at berth, mooring, or anchor in the 
security zone at the time the security zone is implemented do not have 
to depart the zone. All vessels underway within this security zone at 
the time it is implemented are to depart the zone. To seek permission 
to transit the area of the security zone, 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). Federal, state, and local agencies may 
assist the Coast Guard in the enforcement of the security zone. The 
Coast Guard will issue notices to the maritime community to further 
publicize the security zone and notify the public of changes in the 
status of the zone. Such notices will continue until the event is 
complete.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed 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

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial

[[Page 64945]]

number of small entities. This proposed rule would 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 made a preliminary determination 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 proposed 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. A preliminary environmental 
analysis checklist supporting this determination 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 proposed 
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 proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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.

    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

[[Page 64946]]

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 (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.
    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (c) 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.
    (d) Effective period. This section will be enforced from 8 a.m. on 
January 15, 2013 through 10 p.m. on January 24, 2013.

    Dated: October 10, 2012.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-26218 Filed 10-23-12; 8:45 am]
BILLING CODE 9110-04-P