[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Proposed Rules]
[Pages 64434-64436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21677]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

[COE-2019-0010]


Washington Channel, Fort McNair, Washington, DC; Restricted Area

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to 
establish a restricted area in the Washington Channel adjacent to Fort 
McNair. Fort McNair is the headquarters of the Army's Military District 
of Washington and home of the National Defense University as well as 
the official residence of the U.S. Army's Vice Chief of Staff. Fort 
McNair requested a restricted area to fulfill Joint Base Myer-Henderson 
Hall (JBM-HH) security needs including Marine Helicopter Squadron (HMX) 
missions and protection of VIP quarters at Fort McNair. On August 8, 
2019, the Corps published a proposed rule for the establishment of a 
restricted area in the Washington Channel adjacent to Fort McNair. 
After evaluating the comments received in response to that proposed 
rule, the proposal has been revised and the Corps is inviting public 
comment on the revised proposed rule text.

DATES: Written comments must be submitted on or before November 12, 
2020.

ADDRESSES: You may submit comments, identified by docket number COE-
2019-0010, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments to docket number COE-2019-0010.
    Email: [email protected]. Include the docket number, 
COE-2019-0010, in the subject line of the message.

[[Page 64435]]

    Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-R (David B. 
Olson), 441 G Street NW, Washington, DC 20314-1000.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments by hand delivery or courier.
    Instructions: Direct your comments to docket number COE-2019-0010. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://www.regulations.gov, 
including any personal information provided, unless the commenter 
indicates that the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI, or otherwise protected, through regulations.gov or 
email. The regulations.gov website is an anonymous access system, which 
means we will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email directly 
to the Corps without going through regulations.gov, your email address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the internet. If 
you submit an electronic comment, we recommend that you include your 
name and other contact information in the body of your comment and also 
include your contact information with any compact disk you submit. If 
we cannot read your comment because of technical difficulties and 
cannot contact you for clarification, we may not be able to consider 
your comment. Electronic comments should avoid the use of any special 
characters, any form of encryption, and be free of any defects or 
viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov. All documents in the 
docket are listed. Although listed in the index, some information is 
not publicly available, such as CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Division, Washington, DC at 202-761-4922.

SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of 
the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and 
Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33 
U.S.C. 3), the U.S. Army Corps of Engineers (Corps) is proposing to 
amend its regulations at 33 CFR part 334 for the establishment of a 
restricted area in waters of the Washington Channel in Washington, DC. 
In a memorandum dated April 16, 2020, Fort McNair submitted a revised 
request to the Corps for a proposed rule to establish this restricted 
area. The proposed restricted area is necessary to fulfill the current 
security needs of Fort McNair and Joint Base Myer-Henderson Hall (JBM-
HH) at these facilities. Fort McNair is the headquarters of the Army's 
Military District of Washington and home of the National Defense 
University as well as the official residence of the U.S. Army's Vice 
Chief of Staff.
    The initial proposed rule as published in the August 8, 2019, issue 
of the Federal Register (84 FR 38893). Forty-eight comments were 
received in response to that proposed rule, and those comments can be 
viewed in the www.regulations.gov docket for this rulemaking activity 
(docket number COE-2019-0010).
    The original proposal was to prohibit access within the proposed 
restricted area at all times, other than limited exceptions for fishing 
access. In response to the proposed rule, comments were received from 
the public stating the Washington Channel is increasingly utilized for 
regional transportation, water recreation, and cultural activities such 
as the District of Columbia's Holiday Boat Parade and the Blessing of 
the Fleet. Commenters expressed concern that the proposal would affect 
the ability of residents and visitors to enjoy these activities in the 
restricted area. Commenters also expressed concerns that restriction of 
the channel would significantly narrow the waterway, creating unsafe 
navigation conditions by forcing paddle boats, kayaks, sail boats and 
motor boats into the same space as larger water taxis and river cruise 
ships. To respond to the public comments, an alternative restricted 
area proposal was developed that would provide greater flexibility for 
mariners. The revised proposal would allow transient traffic offshore 
of Fort McNair at all times with the exception of National Security 
Special Events such as the State of the Union Address, State Funerals, 
Presidential Inaugurations, Marine Helicopter Squadron (HMX) missions, 
and other periods of increased security. Other than during National 
Security Special Events and other periods of increased security, water 
craft would be able to transit, but not anchor, moor or loiter in the 
restricted area unless approved by the Commander, JBM-HH/Fort McNair or 
his/her designated representatives.

Procedural Requirements

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This proposed rule has 
not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, this proposed rule has not been 
reviewed by the Office of Management and Budget (OMB), and pursuant to 
OMB guidance it is exempt from the requirements of Executive Order 
13771. The Corps has determined that this proposed rule is not a 
significant regulatory action. This determination is based on the size, 
duration, and location of the restricted area. The restricted area 
occupies only a portion of the waterway. Outside of National Special 
Security Events, a vessel that needs to transit the restricted area may 
do so, but must not anchor, moor or loiter in, the restricted area. 
During National Special Security Events, the vessel may transit the 
restricted area if the operator of the vessel obtains permission from 
the Commanding Officer, JBM-HH or his/her designated representative. 
Fishermen may be authorized controlled access to the restricted area 
after registering with JBM-HH/Fort McNair officials and following 
specific access notification procedures.

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 Corps certifies under 5 U.S.C. 605(b) that this proposed 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 proposed restricted area may be small entities, this 
proposed rule would not have a significant economic impact on any 
vessel owner or operator. In

[[Page 64436]]

addition, the restricted area is necessary to address the current 
security needs at Fort McNair and JBM-HH Washington, DC. Vessels can 
utilize navigable waters outside of the restricted area. Also, vessels 
or other craft can transit, but not anchor, moor or loiter in, the 
restricted area unless approved by the Commander, JBM-HH/Fort McNair or 
his/her designated representatives transit the restricted area as long 
as they obtain permission from the Commanding Officer, JBM-HH or his/
her designated representative. Unless information is obtained to the 
contrary during the comment period, the Corps expects the proposed 
restricted area would have no economic impact on the public, nor create 
any navigational hazards or interference with existing waterway 
traffic. After considering the economic impacts of this restricted area 
regulation on small entities, I certify that this action will not have 
a significant impact on a substantial number of small entities.

c. Review Under the National Environmental Policy Act

    Due to the administrative nature of this action, the Corps expects 
that this proposed regulation, if adopted, will not have a significant 
impact to the quality of the human environment and, therefore, 
preparation of an environmental impact statement will not be required. 
An environmental assessment will be prepared after the public notice 
period is closed and all comments have been received and considered.

d. Unfunded Mandates Act

    This proposed rule does not impose an enforceable duty among the 
private sector and, therefore, it is not a Federal private sector 
mandate and it is not subject to the requirements of either Section 202 
or Section 205 of the Unfunded Mandates Act. We have also found under 
Section 203 of the Act, that small governments will not be 
significantly and uniquely affected by this rulemaking.

e. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The Corps will submit a report containing the final rule 
and other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This proposed rule is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

List of Subjects in 33 CFR Part 334

    Danger zones, Marine safety, Navigation (water), Restricted Areas, 
Waterways.

    For the reasons set out in the preamble, the Corps proposes to 
amend 33 CFR part 334 as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

0
1. The authority citation for 33 CFR part 334 continues to read as 
follows:

    Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 
U.S.C. 3).

0
2. Add Sec.  334.225 to read as follows:


Sec.  334.225  Washington Channel, Fort Lesley J. McNair, Washington, 
DC; Restricted Area.

    (a) The area. The restricted area shall encompass all navigable 
waters of the United States, as defined at 33 CFR part 329, within the 
area bounded by a line connecting the following coordinates: Commencing 
from the shoreline at latitude 38[deg]52'18.776'' N, longitude -
077[deg]1'9.436'' W; thence to latitude 38[deg]52'17.696'' N, longitude 
-077[deg]1'13.345'' W; thence to latitude 38[deg]52'12.798'' N, 
longitude -077[deg]1'12.114'' W; thence to latitude 38[deg]52'17.559'' 
N, longitude -077[deg]1'9.706'' W; thence to latitude 
38[deg]51'43.667'' N, longitude -077[deg]1'9.771'' W; thence to 
latitude 38[deg]51'41.135'' N, longitude 077[deg]1'9.45'' W; thence to 
latitude 38[deg]51'38.723'' N, longitude -077[deg]1'6.921'' W; thence 
to latitude 38[deg]51'38.257'' N, longitude -077[deg]1'3.101'' W; 
thence to latitude 38[deg]51'40.069'' N, longitude -077[deg]0'57.895'' 
W; thence to latitude 38[deg]51'41.708'' N, longitude -
077[deg]0'54.969'' W; thence to latitude 38[deg]51'41.918'' N, 
longitude -077[deg]0'53.911'' W; thence to latitude 38[deg]51'43.571'' 
N, longitude -077[deg]0'55.143'' W. The datum for these coordinates is 
NAD-83.
    (b) The regulations: (1) All persons, vessels, or other craft are 
prohibited from anchoring, mooring or loitering within the restricted 
area without the permission of the Commander, Joint Base Myer Henderson 
Hall (JBM-HH)/Fort McNair or his/her designated representatives. The 
restriction will be in place 24 hours a day, 7 days a week. During 
National Special Security Events (NSSEs) and other periods of increased 
security, all persons, vessels, or other craft are prohibited from 
anchoring, mooring, loitering, or transiting the restricted area. At 
other times, all persons, vessels, or other craft can transit, but must 
not anchor, moor or loiter in, the restricted area unless approved by 
the Commander, JBM-HH/Fort McNair or his/her designated 
representatives.
    (2) The boundary of the restricted area will be demarcated with 
marker buoys and warning signs located at all or some of the 
coordinates at approximately 75-150 meters from the shoreline of Fort 
McNair listed in paragraph (a) of this section.
    (3) Closure notification. During temporary closures for known 
events, boaters will be notified of closure of the restricted area to 
transit by Local Notices to Mariners (LNMs). For unforeseen events 
requiring closure, Broadcast Notices to Mariners (BNMs), Safety Marine 
Information Broadcasts (SMIBs), or direction from shore, or any 
combination of these, will be used to alert boaters.
    (c) Enforcement. The restricted area will be jointly enforced by 
the Commander, Joint Base Myer Henderson Hall (JBM-HH)/Fort McNair or 
any such agencies he/she designates and the Metropolitan Harbor Patrol. 
The U.S. Coast Guard also has enforcement authority under Title 14, 
United States Code, Section 522. During NSSEs and other periods of 
increased security, all persons, vessels, or other craft are prohibited 
from anchoring, mooring, loitering, or transiting the restricted area. 
At other times, all persons, vessels, or other craft can transit but 
must not anchor, moor or loiter in the restricted area unless approved 
by the Commander, JBM-HH/Fort McNair. The areas identified in paragraph 
(a) of this section will be monitored 24 hours a day, 7 days a week. If 
any person or vessel encroaching within the areas identified in 
paragraph (a) of this section is directed to immediately leave the 
restricted area and fails to do so, such failure to comply could result 
in forceful removal and/or criminal charges.
    (d) Exceptions. Fishermen may be authorized controlled access to 
the restricted area after registering with JBM-HH/Fort McNair officials 
and following specific access notification procedures.

Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2020-21677 Filed 10-9-20; 8:45 am]
BILLING CODE 3720-58-P