[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]
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