[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Rules and Regulations]
[Pages 31719-31722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14395]


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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: Interim rule and request for comments.

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SUMMARY: This interim rule establishes a security zone encompassing 
certain waters of the Potomac River. This action is necessary to 
prevent waterside threats and incidents immediately before, during and 
after events held at the Trump National Golf Club at Potomac Falls, VA. 
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 Maryland-National Capital Region or designated representative. The 
regulation will enhance the safety and security of persons and 
property, while minimizing, to the extent possible, the impact on 
commerce and legitimate waterway use. We invite your comments on this 
rulemaking.

DATES: This rule is effective without actual notice from July 10, 2017. 
For the purposes of enforcement, actual notice will be used from June 
22, 2017 until July 10, 2017. Comments and related material must be 
received by the Coast Guard on or before August 9, 2017.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2017-0448. 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 submit comments, identified by docket number, using the Federal 
eRulemaking Portal at http://www.regulations.gov. See the ``Public 
Participation and Request for Comments'' portion of the SUPPLEMENTARY 
INFORMATION section for further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, 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. Regulatory History and Information

    On five separate occasions since March 24, 2017, the COTP has 
established a temporary security zone encompassing certain U.S. 
navigable waters of the Potomac River during events held at the Trump 
National Golf Club at Potomac Falls, VA. These security zones were 
established and enforced at the request of the U.S. Secret Service to 
support security measures required during visits by high-ranking United 
States government officials at the golf club.
    The Coast Guard is issuing this interim 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 doing so would be impracticable and 
contrary to the public interest to delay the effective date of this 
rule due to the short time period between event planners notifying the 
Coast Guard and publication of this security zone. The NPRM process is 
contrary to the public

[[Page 31720]]

interest by delaying the effective date of this rule or foregoing the 
necessary protections required for persons and property, surrounding 
and including high-ranking United States officials, given the high risk 
of injury and damage to high-ranking United States officials and the 
public. Immediate action is necessary to provide waterway and waterside 
security and protection for persons and property on and along the 
Potomac River. The Coast Guard is establishing this security zone to 
ensure the appropriate level of protection for 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 interim rule effective less than 30 days after 
publication in the Federal Register because doing so would be 
impracticable and contrary to the public interest. Delaying the 
effective date would be contrary to the security zone's intended 
objectives of protecting the high-ranking United States officials and 
the public, as it would introduce vulnerability to U.S. navigable 
waterway safety and the security of high-ranking United States 
officials, as well as that of the general public.

III. Background, Purpose, and Legal Basis

    The Coast Guard has given each Coast Guard COTP the ability to 
implement comprehensive port security regimes designed to safeguard 
human life, vessels, and waterfront facilities while still sustaining 
the flow of commerce. On several occasions during events held at the 
Trump National Golf Club at Potomac Falls, VA, the U.S. Secret Service 
has requested additional waterside security measures for a gathering of 
high-ranking United States officials at the golf club. These events are 
anticipated to continue during the current Presidential term and a 
permanent security zone will facilitate both the safety and security of 
these events and the high-ranking officials who attend them. The COTP 
Maryland-National Capital Region is establishing this security zone to 
protect high-ranking United States officials and the public, mitigate 
potential terrorist acts, and enhance public and U.S. navigable 
waterway safety and security in order to safeguard life, property, and 
the environment on or near the regulated area.
    The purpose of this rulemaking is to enhance public and U.S. 
navigable waterway safety and security in order to safeguard life, 
property, and the environment on specified navigable waters of the 
Potomac River during frequent heightened security events that take 
place in close proximity to U.S. navigable waterways within the COTP's 
Area of Responsibility.
    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 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.

IV. Discussion of Interim Rule

    The Coast Guard is revising regulations at 33 CFR part 165 by 
adding a security zone. The security zone includes all U.S. navigable 
waters of the Potomac River, from shoreline to shoreline, within an 
area bounded on the east by a line connecting the following points: 
Latitude 39[deg]04'02'' W., longitude 077[deg]19'48'' W., thence south 
to latitude 39[deg]03'39'' W., longitude 077[deg]20'02'' W., and 
bounded on the west by longitude 077[deg]22'06'' W., located between 
Pond Island and Sharpshin Island, in Montgomery County, MD. Entry into 
the security zone would be prohibited, unless specifically authorized 
by the COTP Maryland-National Capital Region or a designated 
representative. Except for public vessels, this rule would require all 
vessels in the designated security zone as defined by this rule 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 safety of vessels 
and the specified navigable waters before, during, and after the event. 
The COTP Maryland-National Capital Region will notify waterway users 
and the boating community, via Broadcast Notice to Mariners (BNM), of 
the duration of the security zone as required to support the periodic 
occurrence of high security events.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 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 E.O. 12866. Accordingly, the rule has not 
been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, location 
and duration of the security zone. Moreover, the Coast Guard will issue 
a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and access to the zone will be determined in consultation with 
the lead federal agency on a case-by-case basis when the zone is being 
enforced.

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 certifies under 5 U.S.C. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels that intend to transit 
the security zone may be small entities, for the reasons stated in 
section V.A above this rule would not have a significant economic 
impact on any vessel owner or operator.
    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.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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. 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 would not call for a new collection of information under 
the

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Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 E.O. 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. 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 would 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 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 rule involves the establishment of a security zone 
that prohibits entry on specified waters of the Potomac River during 
frequently occurring heightened security events. Normally such actions 
are categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of Commandant Instruction M16475.lD. A Record of 
Environmental Consideration (REC) is 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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number USCG-2017-0448 
for this rulemaking, indicate the specific section of this document to 
which each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this rule as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add 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 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 a Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Maryland-National Capital Region to enforce the security zone 
described in paragraph (a) of this section.
    Public vessel has the same meaning as that term is defined under 46 
U.S.C. 2101.
    (b) Location. The following area is a security zone: All navigable 
waters of the Potomac River, from shoreline to shoreline, within an 
area bounded on the east by a line connecting the following points: 
latitude 39[deg]04'02'' W., longitude 077[deg]19'48'' W., thence south 
to latitude 39[deg]03'39'' W., longitude 077[deg]20'02'' W., and 
bounded on the west by longitude 077[deg]22'06'' W., located in 
Montgomery County, MD. Coordinates used in this section are based on 
NAD83.
    (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 (a) of this section is prohibited 
unless authorized by the Coast Guard Captain of the Port Maryland-
National Capital Region. All vessels within the security zone at the 
time this regulation is enforced shall depart the zone immediately.
    (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 31722]]

Captain of the Port Maryland-National Capital Region or designated 
representative. Access to the zone will be determined in consultation 
with the lead federal agency on a case-by-case basis when the zone is 
enforced. To request permission to enter or transit the security zone, 
the Captain of the Port Maryland-National Capital Region or designated 
representatives can be contacted at telephone number 410-576-2693 or on 
marine band radio, VHF-FM channel 16 (156.8 MHz). Coast Guard vessels 
that enforce 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 Coast 
Guard to enter the security zone all persons and vessels must comply 
with the instructions of the Captain of the Port Maryland-National 
Capital Region or designated representative and proceed at the minimum 
speed necessary to maintain a safe course while within the security 
zone.
    (3) 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 (a) of this section.
    (d) Enforcement. The Captain of the Port Maryland-National Capital 
Region will provide the affected segments of the public with notice of 
enforcement of security zone by Broadcast Notice to Mariners (BNM), 
Local Notice to Mariners, and on-scene notice by designated 
representative or other appropriate means in accordance with 33 CFR 
165.7.

    Dated: June 22, 2017.
M.W. Batchelder,
Commander, U.S. Coast Guard, Acting Captain of the Port Maryland-
National Capital Region.
[FR Doc. 2017-14395 Filed 7-7-17; 8:45 am]
 BILLING CODE 9110-04-P