Security Zone; Potomac River, Georgetown Channel, Washington, DC, 63841-63844 [2011-26544]
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63841
Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 / Rules and Regulations
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The Cape
May County Bridge Commission, who
owns and operates this bascule
drawbridge, has requested a temporary
deviation from the current operating
regulations set out in 33 CFR 117.714 to
facilitate the replacement of the bridge
railings.
The Corson Inlet Bridge (CR–619) at
mile 0.9, across Corson Inlet in
Strathmere, NJ has a vertical clearance
in the closed position to vessels of 15
feet above mean high water. Though the
span will be closed for the project, the
15 feet of vertical navigation clearance
will remain available throughout the
project. Furthermore, the 50 feet of
horizontal clearance will be reduced to
25 feet temporarily only if/when barges
are used beneath the span.
Under this temporary deviation, the
Corson Inlet Bridge will be closed to
vessels requiring an opening from 5 a.m.
on October 17, 2011 until 5 p.m. on
November 17, 2011. The drawbridge
will not be able to open in the event of
an emergency. Vessels that can pass
under the bridge without a bridge
opening may do so at all times. Vessels
have an alternate ocean route to the
south through Townsends Inlet.
There were no bridge openings
provided in 2010. The Coast Guard has
coordinated the restrictions with the
Cape May County Bridge Commission/
contractor and will inform the other
users of the waterways through our
Local and Broadcast Notices to Mariners
of the closure periods for the bridge so
that vessels can arrange their transits to
minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: September 30, 2011.
Waverly W. Gregory, Jr.,
Bridge Program Manager, By direction of the
Commander, Fifth Coast Guard District.
[FR Doc. 2011–26524 Filed 10–13–11; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
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If
you have questions on this notice, call
or e-mail ENS Anthony P. LaBoy, Sector
Puget Sound Waterways Management,
Coast Guard; telephone 206–217–6323,
SectorPugetSoundWWM@uscg.mil.
33 CFR Part 165
[Docket No. USCG–USCG–0063]
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone for the Alderbrook Spa
SUMMARY:
Location
Hood Canal .................................
All vessel operators who desire to
enter the safety zone must obtain
permission from the Captain of the Port
or Designated Representative by
contacting the Coast Guard Sector Puget
Sound Joint Harbor Operations Center
(JHOC) via telephone at (206) 217–6002.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
This notice is issued under authority
of 33 CFR 165.1332 and 5 U.S.C. 552(a).
In addition to this notice, the Coast
Guard will provide the maritime
community with extensive advanced
notification of the safety zones via the
Local Notice to Mariners and marine
information broadcasts on the day of the
events.
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Latitude
[FR Doc. 2011–26601 Filed 10–13–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0929]
RIN 1625–AA87
Security Zone; Potomac River,
Georgetown Channel, Washington, DC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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Longitude
47°21.033′ N
Dated: September 15, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
ACTION:
The Coast
Guard will enforce the safety zone
‘‘Annual Fireworks Displays within the
Captain of the Port, Puget Sound Area
of Responsibility’’ in 33 CFR 165.1332
during the dates and times noted below.
The following safety zone will be
enforced from 5 p.m. on November 25,
2011 through 1 a.m. on November 26,
2011:
SUPPLEMENTARY INFORMATION:
Safety Zones; Annual Firework
Displays Within the Captain of the
Port, Puget Sound Area of
Responsibility
Alderbrook Resort & Spa .......................................
The regulations in 33 CFR
165.1332 for the Alderbrook Spa &
Resort Fireworks display will be
enforced in Hood Canal, WA from
5 p.m. on November 25, 2011, through
1 a.m. on November 26, 2011.
DATES:
FOR FURTHER INFORMATION CONTACT:
Coast Guard
Event name
& Resort annual firework display in the
Captain of the Port, Puget Sound area of
responsibility during the dates and
times noted below. This action is
necessary to prevent injury and to
protect life and property of the maritime
public from the hazards associated with
the firework displays. During the
enforcement period, entry into, transit
through, mooring, or anchoring within
this zone is prohibited unless
authorized by the Captain of the Port,
Puget Sound or Designated
Representative.
123°04.1′ W
Radius
150 yds.
The Coast Guard is
establishing a temporary security zone
encompassing certain waters of the
Potomac River, Georgetown Channel, in
Washington, DC, in order to safeguard
high-ranking public officials from
terrorist acts and incidents. This action
is necessary to ensure the safety of
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 6 a.m.
until 6 p.m. on October 16, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
SUMMARY:
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Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 / Rules and Regulations
0929 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0929 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 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 temporary
rule, call or e-mail Mr. Ronald L. Houck,
at Sector Baltimore Waterways
Management Division, Coast Guard;
telephone 410–576–2674, e-mail
Ronald.L.Houck@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
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Regulatory 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
contrary to public interest to delay the
effective date of this rule. The Coast
Guard is establishing the security zone
to protect high-ranking government
officials, mitigate potential terrorist acts,
and enhance public and maritime safety
and security. The Coast Guard was
unable to publish a NPRM due to the
short time period between event
planners notifying the Coast Guard of
the event and publication of the security
zone. Furthermore, delaying the
effective date would be contrary to the
security zone’s intended objectives of
protecting high-ranking government
officials, mitigating potential terrorist
acts and enhancing public and maritime
safety security.
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
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notice period is impracticable. Delaying
the effective date would be contrary to
the security zone’s intended objectives
of protecting high-ranking government
officials, mitigating potential terrorist
acts and enhancing public and maritime
safety and security.
Background and Purpose
The President is expected to attend
the Martin Luther King, Jr. National
Memorial dedication ceremony in
Washington, DC on October 16, 2011.
The ceremony is located along the
waterfront 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 high-ranking
government officials, 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.
Discussion of Rule
Through this regulation, the Coast
Guard will establish a security zone.
The security zone will be in effect from
6 a.m. until 6 p.m. on October 16, 2011.
The security zone will include all
navigable waters of the Potomac River,
Georgetown Channel, within 75 yards
from eastern shore measured
perpendicularly to the shore between
the Theodore Roosevelt Memorial
Bridge and the Arlington Memorial
Bridge, and within 150 yards from
eastern shore measured perpendicularly
to the shore from the Arlington
Memorial Bridge to the George Mason
Memorial Bridge (the most western
bridge of the 5-span, Fourteenth Street
Bridge Complex), including all waters of
the Georgetown Channel Tidal Basin,
located in Washington, DC. 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 that entry into,
attempted entry into, or remaining in
this security zone is prohibited unless
authorized by the Coast Guard Captain
of the Port Baltimore. Except for persons
or vessels authorized by the Captain of
the Port Baltimore, no person or vessel
may enter or remain in the regulated
area during the enforcement period. All
vessels underway within the security
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zone at the time it is in effect are to
depart the zone immediately. To seek
permission to transit the area, the
Captain of the Port Baltimore can be
contacted at telephone number 410–
576–2693 or on Marine Band Radio,
VHF–FM channel 16 (156.8 MHz). Coast
Guard vessels enforcing the security
zone can be contacted on Marine Band
Radio, VHF–FM channel 16 (156.8
MHz). The Coast Guard will issue
Broadcast Notices to Mariners to further
publicize the security zone.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. Although this security zone
restricts vessel traffic from transiting
through the affected area, vessels may
transit safely around the zone.
Furthermore, the effect of this regulation
will not be significant due to the limited
size and duration that the regulated area
will be in effect. In addition,
notifications will be made to the
maritime community via marine
information broadcasts so mariners may
adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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
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Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 / Rules and Regulations
number of small entities for the
following reasons. The security zone is
of limited size and duration. Vessel
traffic may safely transit around the
zone. Before the effective period,
maritime advisories will be widely
available to the maritime community.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Assistance for Small Entities
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
tkelley on DSK3SPTVN1PROD with RULES
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 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.
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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.
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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
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63843
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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 concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the 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.
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
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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T05–0929 to read as
follows:
■
§ 165.T05–0929 Security Zone; Potomac
River, Georgetown Channel, Washington,
DC.
(a) Location. The following area is a
security zone: All waters of the Potomac
River, Georgetown Channel, within 75
yards from eastern shore measured
perpendicularly to the shore between
the Theodore Roosevelt Memorial
Bridge and the Arlington Memorial
Bridge, and within 150 yards from
eastern shore measured perpendicularly
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63844
Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 / Rules and Regulations
to the shore from the Arlington
Memorial Bridge to the George Mason
Memorial Bridge (the most western
bridge of the 5-span, Fourteenth Street
Bridge Complex), including all waters of
the Georgetown Channel Tidal Basin,
located in Washington, DC.
(b) Definitions. As used in this
section:
Captain of the Port Baltimore means
the Commander, U.S. Coast Guard
Sector Baltimore.
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.
(c) Regulations. The general security
zone regulations found in 33 CFR
165.33 apply to the security zone
created by this temporary section,
§ 165.T05–0929.
(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. 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 zones by Federal,
State, and local agencies.
(d) Enforcement period. This section
will be enforced from 6 a.m. until 6 p.m.
on October 16, 2011.
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Dated: September 30, 2011.
Mark P. O’Malley,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FTR Amendment 2011–05; FTR Case 2011–
309; Docket Number 2011–0024, Sequence
1]
language regarding reimbursement to
travelers based upon the type of lodging
they select while on temporary duty
travel (TDY). Specifically, this final rule
expressly states GSA’s policy that
agencies are not authorized to reimburse
the lodging portion of per diem to
travelers who purchase property,
including recreational vehicles and
campers, for lodging purposes in
conjunction with TDY. In addition, this
final rule amends GSA’s policy that
agencies are not authorized to reimburse
the lodging portion of per diem to those
who lodge at their personal residences
while on TDY.
RIN 3090–AJ22
B. Executive Orders 12866 and 13563
Federal Travel Regulation (FTR);
Lodging Reimbursement
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This is not
a significant regulatory action and,
therefore, was not subject to review
under Section 6(b) of Executive Order
12866, Regulatory Planning and Review,
dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
[FR Doc. 2011–26544 Filed 10–13–11; 8:45 am]
BILLING CODE 9110–04–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 301–11
General Services
Administration.
ACTION: Final rule.
AGENCY:
The General Services
Administration (GSA) is amending the
Federal Travel Regulation (FTR)
regarding reimbursement of lodging per
diem expenses while on temporary duty
travel (TDY). This final rule specifically
states GSA’s policy in regards to
reimbursement for personally-owned
residence and personally-owned
recreational vehicle expenses while on
TDY.
DATES: Effective Date: This final rule is
effective October 14, 2011.
FOR FURTHER INFORMATION CONTACT: The
Regulatory Secretariat (MVCB), 1275
First Street, NE., Washington, DC 20417,
(202) 501–4755, for information
pertaining to status or publication
schedules. For clarification of content,
contact Ms. Cheryl D. McClain, Office of
Governmentwide Policy, at (202) 208–
4334 or e-mail at
cheryl.mcclain@gsa.gov. Please cite FTR
Amendment 2011–05; FTR case 2011–
309.
SUMMARY:
C. Regulatory Flexibility Act
This final rule will not have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq. This
final rule is also exempt from the
Regulatory Flexibility Act per 5 U.S.C.
553(a)(2) because it applies to agency
management or personnel.
SUPPLEMENTARY INFORMATION:
D. Paperwork Reduction Act
A. Background
The Paperwork Reduction Act does
not apply because the final changes to
the FTR do not impose recordkeeping or
information collection requirements, or
the collection of information from
offerors, contractors, or members of the
public that require the approval of the
Office of Management and Budget under
44 U.S.C. 3501, et seq.
Pursuant to 5 U.S.C. 5707, the
Administrator of General Services is
authorized to prescribe necessary
regulations to implement laws regarding
reimbursement for Federal employees
who travel in the performance of official
business away from their official
stations. The overall implementing
authority is the Federal Travel
Regulation (FTR), codified in Title 41 of
the Code of Federal Regulations (CFR),
Chapters 300–304 (41 CFR chapters
300–304).
GSA is amending the FTR by revising
section 301–11.12. This section contains
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E. Small Business Regulatory
Enforcement Fairness Act
This final rule is also exempt from
congressional review prescribed under 5
U.S.C. 801 since it relates to agency
management and personnel.
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]]>Agencies
[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Rules and Regulations]
[Pages 63841-63844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26544]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0929]
RIN 1625-AA87
Security Zone; Potomac River, Georgetown Channel, Washington, DC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone
encompassing certain waters of the Potomac River, Georgetown Channel,
in Washington, DC, in order to safeguard high-ranking public officials
from terrorist acts and incidents. This action is necessary to ensure
the safety of 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 6 a.m. until 6 p.m. on October 16,
2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-
[[Page 63842]]
0929 and are available online by going to https://www.regulations.gov,
inserting USCG-2011-0929 in the ``Keyword'' box, and then clicking
``Search.'' They are also available for inspection or copying at the
Docket Management Facility (M-30), U.S. Department of Transportation,
West Building Ground Floor, Room W12-140, 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
temporary rule, call or e-mail Mr. Ronald L. Houck, at Sector Baltimore
Waterways Management Division, Coast Guard; telephone 410-576-2674, e-
mail Ronald.L.Houck@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory 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 contrary to public interest to
delay the effective date of this rule. The Coast Guard is establishing
the security zone to protect high-ranking government officials,
mitigate potential terrorist acts, and enhance public and maritime
safety and security. The Coast Guard was unable to publish a NPRM due
to the short time period between event planners notifying the Coast
Guard of the event and publication of the security zone. Furthermore,
delaying the effective date would be contrary to the security zone's
intended objectives of protecting high-ranking government officials,
mitigating potential terrorist acts and enhancing public and maritime
safety security.
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
impracticable. Delaying the effective date would be contrary to the
security zone's intended objectives of protecting high-ranking
government officials, mitigating potential terrorist acts and enhancing
public and maritime safety and security.
Background and Purpose
The President is expected to attend the Martin Luther King, Jr.
National Memorial dedication ceremony in Washington, DC on October 16,
2011. The ceremony is located along the waterfront 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 high-ranking government
officials, 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.
Discussion of Rule
Through this regulation, the Coast Guard will establish a security
zone. The security zone will be in effect from 6 a.m. until 6 p.m. on
October 16, 2011. The security zone will include all navigable waters
of the Potomac River, Georgetown Channel, within 75 yards from eastern
shore measured perpendicularly to the shore between the Theodore
Roosevelt Memorial Bridge and the Arlington Memorial Bridge, and within
150 yards from eastern shore measured perpendicularly to the shore from
the Arlington Memorial Bridge to the George Mason Memorial Bridge (the
most western bridge of the 5-span, Fourteenth Street Bridge Complex),
including all waters of the Georgetown Channel Tidal Basin, located in
Washington, DC. 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 that entry into, attempted entry into, or
remaining in this security zone is prohibited unless authorized by the
Coast Guard Captain of the Port Baltimore. Except for persons or
vessels authorized by the Captain of the Port Baltimore, no person or
vessel may enter or remain in the regulated area during the enforcement
period. All vessels underway within the security zone at the time it is
in effect are to depart the zone immediately. To seek permission to
transit the area, the Captain of the Port Baltimore can be contacted at
telephone number 410-576-2693 or on Marine Band Radio, VHF-FM channel
16 (156.8 MHz). Coast Guard vessels enforcing the security zone can be
contacted on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). The
Coast Guard will issue Broadcast Notices to Mariners to further
publicize the security zone.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this security zone restricts
vessel traffic from transiting through the affected area, vessels may
transit safely around the zone. Furthermore, the effect of this
regulation will not be significant due to the limited size and duration
that the regulated area will be in effect. In addition, notifications
will be made to the maritime community via marine information
broadcasts so mariners may adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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
[[Page 63843]]
number of small entities for the following reasons. The security zone
is of limited size and duration. Vessel traffic may safely transit
around the zone. Before the effective period, maritime advisories will
be widely available to the maritime community.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the 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.
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, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0929 to read as follows:
Sec. 165.T05-0929 Security Zone; Potomac River, Georgetown Channel,
Washington, DC.
(a) Location. The following area is a security zone: All waters of
the Potomac River, Georgetown Channel, within 75 yards from eastern
shore measured perpendicularly to the shore between the Theodore
Roosevelt Memorial Bridge and the Arlington Memorial Bridge, and within
150 yards from eastern shore measured perpendicularly
[[Page 63844]]
to the shore from the Arlington Memorial Bridge to the George Mason
Memorial Bridge (the most western bridge of the 5-span, Fourteenth
Street Bridge Complex), including all waters of the Georgetown Channel
Tidal Basin, located in Washington, DC.
(b) Definitions. As used in this section:
Captain of the Port Baltimore means the Commander, U.S. Coast Guard
Sector Baltimore.
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.
(c) Regulations. The general security zone regulations found in 33
CFR 165.33 apply to the security zone created by this temporary
section, Sec. 165.T05-0929.
(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. 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 zones by Federal, State, and local agencies.
(d) Enforcement period. This section will be enforced from 6 a.m.
until 6 p.m. on October 16, 2011.
Dated: September 30, 2011.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2011-26544 Filed 10-13-11; 8:45 am]
BILLING CODE 9110-04-P
