[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Rules and Regulations]
[Pages 81003-81006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27628]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0675]
RIN 1625-AA87


Security Zone; Potomac River and Anacostia River, and Adjacent 
Waters; Washington, DC

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a series of security zones in 
the National Capital Region (NCR) on specified waters of the Potomac 
River and Anacostia River, and adjacent waters during increased 
security events. This action is necessary to prevent terrorist acts and 
incidents immediately before, during, and after events held within the 
NCR, whenever such an event exists, as determined by the Captain of the 
Port Maryland-National Capital Region. This rule prohibits vessels and 
persons 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 Maryland-
National Capital Region. The regulations will enhance the safety and 
security of persons and property within the Nation's Capital, while 
minimizing, to the extent possible, the impact on commerce and 
legitimate waterway use.

DATES: This rule is effective December 19, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0675 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 [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

II. Background Information and Regulatory History

    On September 2, 2016, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled ``Security Zone; Potomac River and 
Anacostia River, and adjacent waters; Washington, DC'' in the Federal 
Register (81 FR 60663). There we stated why we issued the NPRM, and 
invited comments on our proposed regulatory action related to this 
security zone. During the comment period that ended November 1, 2016, 
we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP determined that it is necessary to establish a series of 
security zones within the NCR. The purpose of these security zones is 
to ensure the safety of vessels and the relevant navigable waters 
before, during, and after the event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
September 2, 2016. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes a series of security zones on specified 
waters of the Potomac River, Anacostia River and adjacent waters. The 
security zones cover specified navigable waters within the NCR whenever 
an event that requires increased security is taking place. The duration 
of the zone is intended to ensure the safety of vessels and these 
navigable waters before, during, and after the event. No vessel or 
person would be permitted to enter the security zone without obtaining 
permission from the COTP or a designated representative. The COTP 
Maryland-National Capital Region will notify the maritime community, 
via

[[Page 81004]]

Broadcast Notice to Mariners (BNM), of the location and duration of the 
security zone as the increased security event dictates. The security 
zone established for a specific increased security event will consist 
of one or more of the security zones categorized below.
    Security zone one includes all navigable waters of the Potomac 
River, from shoreline to shoreline, bounded to the north by the Francis 
Scott Key (US-29) Bridge, at mile 113, and bounded to the south by a 
line drawn from the Virginia shoreline at Ronald Reagan Washington 
National Airport, at 38[deg]51'21.3'' N., 077[deg]02'00.0'' W., 
eastward across the Potomac River to the District of Columbia shoreline 
at Hains Point at position 38[deg]51'24.3'' N., 077[deg]01'19.8'' W., 
including the waters of the Boundary Channel, Pentagon Lagoon, 
Georgetown Channel Tidal Basin, and Roaches Run. Events that typically 
require enforcement of the zone include activities associated with the 
U.S. Presidential Inauguration and State funerals for former Presidents 
of the U.S.
    Security zone two includes all navigable waters of the Anacostia 
River, from shoreline to shoreline, bounded to the north by the John 
Philip Sousa (Pennsylvania Avenue) Bridge, at mile 2.9, and bounded to 
the south by a line drawn from the District of Columbia shoreline at 
Hains Point at position 38[deg]51'24.3'' N., 077[deg]01'19.8'' W., 
southward across the Anacostia River to the District of Columbia 
shoreline at Giesboro Point at position 38[deg]50'52.4'' N., 
077[deg]01'10.9'' W., including the waters of the Washington Channel. 
Events that typically require enforcement of the zone include 
activities associated with the U.S. Presidential Inauguration and State 
funerals for former Presidents of the U.S.
    Security zone three includes all navigable waters of the Potomac 
River, from shoreline to shoreline, bounded to the north by a line 
drawn from the Virginia shoreline at Ronald Reagan Washington National 
Airport, at 38[deg]51'21.3'' N., 077[deg]02'00.0'' W., eastward across 
the Potomac River to the District of Columbia shoreline at Hains Point 
at position 38[deg]51'24.3'' N., 077[deg]01'19.8'' W., thence southward 
across the Anacostia River to the District of Columbia shoreline at 
Giesboro Point at position 38[deg]50'52.4'' N., 077[deg]01'10.9'' W., 
and bounded to the south by the Woodrow Wilson Memorial (I-95/I-495) 
Bridge, at mile 103.8. Events that typically require enforcement of the 
zone include activities associated with the U.S. Presidential 
Inauguration and State funerals for former Presidents of the U.S.
    The above zones may also be enforced for unplanned events requiring 
increased security, including but not limited to presidential 
nominating conventions; international summits and conferences; and 
meetings of international organizations.
    Security zone four includes all navigable waters of the Georgetown 
Channel of the Potomac River, 75 yards from the eastern shore measured 
perpendicularly to the shore, between the Long Railroad Bridge (the 
most eastern bridge of the 5-span, Fourteenth Street Bridge Complex) to 
the Theodore Roosevelt Memorial Bridge and all waters in between, 
totally including the waters of the Georgetown Channel Tidal Basin. 
This zone is enforced annually from 12:01 a.m. to 11:59 p.m. local time 
on July 4.
    Security zone five includes all navigable waters in the Potomac 
River, including the Boundary Channel and Pentagon Lagoon, bounded on 
the west by a line running north to south from points along the 
shoreline at 38[deg]52'50'' N./077[deg]03'25'' W., thence to 
38[deg]52'49'' N./077[deg]03'25'' W.; and bounded on the east by a line 
running from points at 38[deg]53'10'' N./077[deg]03'30'' W., thence 
northeast to 38[deg]53'12'' N./077[deg]03'26'' W., thence southeast to 
38[deg]52'31'' N./077[deg]02'34'' W., and thence southwest to 
38[deg]52'28'' N./077[deg]02'38'' W. This zone will be enforced on 
three days each year: Memorial Day (observed), September 11, and 
November 11. Specifically, the zone will be enforced from 10 a.m. until 
1 p.m. on Memorial Day (observed); from 8 a.m. until 11:59 a.m. on 
September 11; and from 10 a.m. until 1 p.m. on November 11.
    Security zone six includes all navigable 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 by the Woodrow Wilson Memorial (I-95/I-495) 
Bridge, at mile 103.8, including the waters of the Boundary Channel, 
Pentagon Lagoon, Georgetown Channel Tidal Basin, and Roaches Run; and 
all waters of the Anacostia River, from shoreline to shoreline, bounded 
on the north by the John Philip Sousa (Pennsylvania Avenue) Bridge, at 
mile 2.9, downstream to and bounded on the south by its confluence with 
the Potomac River. This zone will be enforced annually for the State of 
the Union Address, starting at 9 a.m. on the day of the State of the 
Union Address through 2 a.m. the following day.

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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration and time of year of the security zones. The Coast 
Guard determined that this rulemaking would not be a significant 
regulatory action for the following reasons: Security zones one, two 
and three are expected to be enforced for only a week or two at a time 
and on only a few occasions per year. Additionally, the Coast Guard 
designed the areas for security zones one, two and three to cover only 
a portion of the navigable waterways while still sustaining the flow of 
commerce, and mariners may request permission from the COTP Maryland-
National Capital Region or the designated representative to transit the 
zone. Security zones four and five are expected to be enforced for only 
less than 24 hours at a time and on only a few occasions per year. 
Additionally, the Coast Guard designed the areas for security zones 
four and five to cover only a small portion of the navigable waterways, 
waterway users may transit the Potomac River around the areas, and 
mariners may request permission from the COTP Maryland-National Capital 
Region or the designated representative to transit the zone. Security 
zone six is expected to be enforced for only less than 24 hours at a 
time and on only on one occasion per year when vessel traffic is 
normally low. Additionally, the Coast Guard designed the area for 
security zone six to cover only a portion of the navigable waterways 
while still sustaining the flow of commerce, and mariners may request 
permission from the COTP Maryland-National Capital Region or the

[[Page 81005]]

designated representative to transit the zone. Moreover, the Coast 
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone, and the rule would allow vessels to seek 
permission to enter the zone.

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 
fields, and governmental jurisdictions with populations of less than 
50,000. 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 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 
contact 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. If 
you believe this rule has implications for federalism or Indian tribes, 
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

    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 (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 security zones that would prohibit entry on specified 
waters of the Potomac River and Anacostia River, and adjacent waters, 
during increased security events. It is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An 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 rule.

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 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; 50 U.S.C. 191, 195; 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.  165.508 to read as follows:


Sec.  165.508  Security Zone; Potomac River and Anacostia River, and 
adjacent waters; Washington, DC.

    (a) Location. Coordinates used in this paragraph are based on 
NAD83. The following areas are security zones:
    (1) Zone 1. All navigable waters of the Potomac River, from 
shoreline to shoreline, bounded to the north by the Francis Scott Key 
(US-29) Bridge, at mile 113, and bounded to the south by a line drawn 
from the Virginia shoreline at Ronald Reagan Washington National 
Airport, at 38[deg]51'21.3'' N., 077[deg]02'00.0'' W., eastward across 
the Potomac River to the District of Columbia shoreline at Hains Point 
at position 38[deg]51'24.3'' N., 077[deg]01'19.8'' W., including the 
waters of the Boundary Channel, Pentagon Lagoon, Georgetown Channel 
Tidal Basin, and Roaches Run;
    (2) Zone 2. All navigable waters of the Anacostia River, from 
shoreline to shoreline, bounded to the north by the John Philip Sousa 
(Pennsylvania Avenue) Bridge, at mile 2.9, and bounded to the south by 
a line drawn from the District of Columbia shoreline at Hains Point at 
position 38[deg]51'24.3''

[[Page 81006]]

N., 077[deg]01'19.8'' W., southward across the Anacostia River to the 
District of Columbia shoreline at Giesboro Point at position 
38[deg]50'52.4'' N., 077[deg]01'10.9'' W., including the waters of the 
Washington Channel;
    (3) Zone 3. All navigable waters of the Potomac River, from 
shoreline to shoreline, bounded to the north by a line drawn from the 
Virginia shoreline at Ronald Reagan Washington National Airport, at 
38[deg]51'21.3'' N., 077[deg]02'00.0'' W., eastward across the Potomac 
River to the District of Columbia shoreline at Hains Point at position 
38[deg]51'24.3'' N., 077[deg]01'19.8'' W., thence southward across the 
Anacostia River to the District of Columbia shoreline at Giesboro Point 
at position 38[deg]50'52.4'' N., 077[deg]01'10.9'' W., and bounded to 
the south by the Woodrow Wilson Memorial (I-95/I-495) Bridge, at mile 
103.8.
    (4) Zone 4. All navigable waters of the Georgetown Channel of the 
Potomac River, 75 yards from the eastern shore measured perpendicularly 
to the shore, between the Long Railroad Bridge (the most eastern bridge 
of the 5-span, Fourteenth Street Bridge Complex) to the Theodore 
Roosevelt Memorial Bridge; and all waters in between, totally including 
the waters of the Georgetown Channel Tidal Basin.
    (5) Zone 5. All navigable waters in the Potomac River, including 
the Boundary Channel and Pentagon Lagoon, bounded on the west by a line 
running north to south from points along the shoreline at 
38[deg]52'50'' N., 077[deg]03'25'' W., thence to 38[deg]52'49'' N., 
077[deg]03'25'' W.; and bounded on the east by a line running from 
points at 38[deg]53'10'' N., 077[deg]03'30'' W., thence northeast to 
38[deg]53'12'' N., 077[deg]03'26'' W., thence southeast to 
38[deg]52'31'' N., 077[deg]02'34'' W., and thence southwest to 
38[deg]52'28'' N., 077[deg]02'38'' W.
    (6) Zone 6. All navigable waters described in paragraphs (a)(1) 
through (a)(3) of this section.
    (b) Regulations. The general security zone regulations found in 33 
CFR 165.33 apply to the security zones created by this section, Sec.  
165.508.
    (1) Entry into or remaining in a zone listed in paragraph (a) in 
this section is prohibited unless authorized by the Coast Guard Captain 
of the Port Maryland-National Capital Region. Public vessels and 
vessels already at berth at the time the security zone is implemented 
do not have to depart the security zone. All vessels underway within 
the security zone at the time it is implemented are to depart the zone 
at the time the security zone is implemented.
    (2) Persons desiring to transit the area of the security zone must 
first obtain authorization from the Captain of the Port Maryland-
National Capital Region or his or her designated representative. To 
seek permission to transit the area, the Captain of the Port Maryland-
National Capital Region and his or her 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 Maryland-National Capital 
Region or his designated representative and proceed at the minimum 
speed necessary to maintain a safe course while within the zone.
    (3) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the security zones listed in paragraph (a) in this 
section by Federal, State, and local agencies.
    (c) Definitions. As used in this section:
    Captain of the Port Maryland-National Capital Region 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 any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Maryland-National Capital Region to assist in enforcing the 
security zones described in paragraph (a) of this section.
    Public vessel means a vessel that is owned or demise-(bareboat) 
chartered by the government of the United States, by a State or local 
government, or by the government of a foreign country and that is not 
engaged in commercial service.
    (d) Enforcement. (1) In addition to the specified times in 
paragraphs (d)(2) through (4) of this section, the security zones 
created by this section will be enforced only upon issuance of a notice 
of enforcement by the Captain of the Port Maryland-National Capital 
Region. The Captain of the Port Maryland-National Capital Region will 
cause notice of enforcement of these security zones to be made by all 
appropriate means to the affected segments of the public of the 
enforcement dates and times of the security zones including publication 
in the Federal Register, in accordance with 33 CFR 165.7(a). Such means 
of notification may also include, but are not limited to Broadcast 
Notice to Mariners or Local Notice to Mariners.
    (2) Security Zone 4, established in paragraph (a)(4) of this 
section, will be enforced annually, from 12:01 a.m. to 11:59 p.m. on 
July 4.
    (3) Security Zone 5, established in paragraph (a)(5) of this 
section, will be enforced annually on three dates: Memorial Day 
(observed), September 11, and November 11. Security Zone 5 will be 
enforced from 10 a.m. until 1 p.m. on Memorial Day (observed); from 8 
a.m. until 11:59 a.m. on September 11; and from 10 a.m. until 1 p.m. on 
November 11.
    (4) Security Zone 6, established in paragraph (a)(6) of this 
section, will be enforced annually on the day the State of the Union 
Address is delivered. Security Zone 6 will be enforced from 9 a.m. on 
the day of the State of the Union Address until 2 a.m. on the following 
day.
    (e) Suspension of enforcement. (1) The Captain of the Port 
Maryland-National Capital Region may suspend enforcement of the 
enforcement period in paragraphs (d)(1) through(4) in this section 
earlier than listed in the notice of enforcement. Should the Captain of 
the Port Maryland-National Capital Region suspend the zone earlier than 
the duration listed, he or she will make the public aware of this 
suspension by Broadcast Notice to Mariners and/or on-scene notice by 
his or her designated representative.

    Dated: November 9, 2016.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2016-27628 Filed 11-16-16; 8:45 am]
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