[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Rules and Regulations]
[Pages 1753-1755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00217]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1067]
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.

DATES: This rule is effective from January 29, 2013 until January 30, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-1067. 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, 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. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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 impractical and contrary to 
public interest to delay the effective date of this rule. The Coast 
Guard was unable to publish a NPRM and hold a comment period for this 
rulemaking due to the short time period between event planners 
notifying the Coast Guard of the event and publication of this security 
zone. As such, it is impracticable to provide a full comment period due 
to lack of time. Furthermore, delaying the effective date of this 
security zone would be contrary to the public interest given the high 
risk of injury and damage to the President, U.S. Capitol Building, 
high-ranking United States officials, and the public.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Due to the need for immediate 
action, the restriction of vessel traffic is necessary to protect life, 
property and the environment, therefore, a 30-day notice period is 
impractical. Delaying the effective date would be contrary to the 
security zone's intended objectives of protecting the President, U.S. 
Capitol Building, high-ranking United States officials and the public, 
as it would introduce vulnerability to the maritime safety and security 
of the President, U.S. Capitol Building and high-ranking United States 
officials, as well as that of the general public.

B. Basis and Purpose

    The President will address the nation on January 29, 2013. During 
this event, a gathering of high-ranking United States officials is 
expected to take place at the U. S. Capitol Building in Washington, DC, 
in close proximity to navigable waterways within the Captain of the 
Port's Area of Responsibility.
    The Coast Guard has given each Coast Guard Captain of the Port the 
ability to implement comprehensive port security regimes designed to 
safeguard human life, vessels, and waterfront facilities while still 
sustaining the flow of commerce. The Captain of the Port Baltimore is 
establishing this security zone to protect the President, U.S. Capitol 
Building, high-ranking United States officials and the public, mitigate 
potential terrorist acts, and enhance public and maritime safety and 
security in order to safeguard life, property, and the environment on 
or near the navigable waters.

C. Discussion of the Final Rule

    Through this regulation, the Coast Guard will establish a security 
zone. The security zone will be in effect from 4 p.m. on January 29, 
2013 until 2 a.m. on January 30, 2013. The security zone will include 
all navigable waters of the

[[Page 1754]]

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 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 
(datum NAD 1983). This location is entirely within the Area of 
Responsibility of the Captain of the Port Baltimore, as set forth at 33 
CFR 3.25-15.
    This rule requires any unauthorized persons in the regulated area 
at the time this security zone is implemented to immediately proceed 
out of the zone. Except for vessels at berth, mooring, or at anchor, 
this rule temporarily requires all vessels in the designated security 
zone as defined by this rule to immediately depart the security zone. 
Entry into this security zone is prohibited, unless specifically 
authorized by the Captain of the Port Baltimore. U.S. Coast Guard 
personnel will be provided to prevent the movement of unauthorized 
persons into the zone. Federal, state, and local agencies may assist 
the Coast Guard in the enforcement of this rule. The Coast Guard will 
issue Notices to Mariners 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.

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. Although this security 
zone restricts vessel traffic through the affected area, the effect of 
this regulation will not be significant due to the limited duration 
that the regulated area will be in effect. Given the time of year this 
event is scheduled, vessel traffic is expected to be minimal. In 
addition, notifications will be made to the maritime community so 
mariners may adjust their plans accordingly.

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. The security zone will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. The security zone is of limited duration. 
Although the security zone will apply to the entire width of the 
Potomac and Anacostia Rivers, traffic may be allowed to pass through 
the zone with the permission of the Captain of the Port Baltimore. 
Additionally, given the time of year this event is scheduled, vessel 
traffic is expected to be minimal. Before the effective period, 
maritime advisories will be widely available to the maritime community.

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 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 
INTFORMATION 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.

[[Page 1755]]

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.

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. This rule involves 
establishing a temporary security zone.
    An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES. 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.T05-1067 to read as follows:


Sec.  165.T05-1067  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.T05-1067.
    (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. 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 or any Coast Guard commissioned, warrant or 
petty officer who has been authorized by the Captain of the Port to act 
on his behalf.
    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 rule is effective from 4 p.m. on January 
29, 2013 until 2 a.m. on January 30, 2013.
    (e) Enforcement period. This section will be enforced from 4 p.m. 
on January 29, 2013 until 2 a.m. on January 30, 2013.

    Dated: December 16, 2012.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-00217 Filed 1-8-13; 8:45 am]
BILLING CODE 9110-04-P