Security Zone, Potomac and Anacostia Rivers; Washington, DC, 3499-3502 [2014-01226]
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Federal Register / Vol. 79, No. 14 / Wednesday, January 22, 2014 / Rules and Regulations
from transiting the Christina River along
the shoreline of Wilmington, Delaware,
in order to protect the safety of life and
property on the waters while cargo
offloading operations are conducted.
This rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
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 temporary § 165.T05–1005, to
read as follows:
■
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§ 165.T05–1005 Safety Zone, Vessel
Movement, Christina River; Wilmington, DE.
(a) Location. The following area is a
safety zone: All waters of the Christina
River in Wilmington, DE inside a
boundary described as originating from
39°43′14″ N, 075°31′41″ W;
northeasterly to 39°43′17″ N, 75°31′40″
W; then east to 39°43′15″ N, 075°31′47″
W; then southwesterly to the shoreline
at 39°43′10″ N; 075°31′30″ W.
(b) Enforcement period. This rule is
enforced for a 48 hour period while the
M/V OCEAN FORCE is Mediterranean
Moored, from 7 a.m. on January 18,
2014 until 7 p.m. on January 31, 2014,
unless cancelled earlier by the Captain
of the Port once all operations are
completed.
(c) Regulations. All persons are
required to comply with the general
regulations governing safety zones in 33
CFR 165.33.
(1) All persons and vessels transiting
through the Safety Zone must be
authorized by the Captain of the Port or
her representative.
(2) All persons or vessels wishing to
transit through the Safety Zone must
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request authorization to do so from the
Captain of the Port or her representative
one hour prior to the intended time of
transit.
(3) Vessels granted permission to
transit must do so in accordance with
the directions provided by the Captain
of the Port or her representative to the
vessel.
(4) To seek permission to transit the
Safety Zone, the Captain of the Port or
her representative can be contacted via
Sector Delaware Bay Command Center
(215) 271–4940.
(5) This section applies to all vessels
wishing to transit through the Safety
Zone except vessels that are engaged in
the following operations: (i) Enforcing
laws; (ii) servicing aids to navigation,
and (iii) emergency response vessels.
(6) No person or vessel may enter or
remain in a safety zone without the
permission of the Captain of the Port;
(7) Each person and vessel in a safety
zone shall obey any direction or order
of the Captain of the Port;
(8) No person may board, or take or
place any article or thing on board, any
vessel in a safety zone without the
permission of the Captain of the Port;
and
(9) No person may take or place any
article or thing upon any waterfront
facility in a safety zone without the
permission of the Captain of the Port.
(d) Definitions.
(1) The Captain of the Port means the
Commander of Sector Delaware Bay or
any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port to
act on her behalf.
(2) [Reserved]
(e) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the Safety Zone by
Federal, State, and local agencies.
Dated: January 6, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2014–01201 Filed 1–21–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–1050]
RIN 1625–AA87
Security Zone, Potomac and Anacostia
Rivers; Washington, DC
AGENCY:
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Coast Guard, DHS.
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ACTION:
3499
Temporary final rule.
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 28, 2014 until January 29, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–1050]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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 Ronald.L.Houck@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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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 28, 2014. 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 facilitating 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
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4 p.m. on January 28, 2014 until 2 a.m.
on January 29, 2014. The security zone
will include all navigable waters of the
Potomac River, from shoreline to
shoreline, bounded on the north by the
Francis Scott Key (U.S. Route 29) Bridge
at mile 113.0, downstream to and
bounded on the south between the
Virginia shoreline and the District of
Columbia shoreline along latitude
38°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 on-scene 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
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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 of the security zone,
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
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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
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
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.
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.
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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
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Jkt 232001
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 will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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minimize litigation, eliminate
ambiguity, and reduce burden.
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.
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3501
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, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T05–1050 to read as
follows:
■
§ 165.T05–1050 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°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,
§ 165.T05–1050.
(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
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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 28,
2014 until 2 a.m. on January 29, 2014.
(e) Enforcement period. This section
will be enforced from 4 p.m. on January
28, 2014 until 2 a.m. on January 29,
2014.
Dated: January 6, 2014.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
the waters of the Atlantic Ocean in Key
West, Florida, during the Bone Island
Triathlon on Saturday, January 25, 2014.
The safety zone is necessary to provide
for the safety of life on navigable waters
during the event. Persons and vessels
are prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port Key West or
a designated representative.
DATES: This rule will be enforced from
7 a.m. until 10 a.m. on January 25, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0905]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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 20590–0001, 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
final rule, call or email Marine Science
Technician First Class Ian G. Bowes, U.
S. Coast Guard Sector Key West
Prevention Department, telephone (305)
292–8823, email Ian.G.Bowes@uscg.mil.
If you have questions on viewing or
submitting material to the docket, call
Barbara Hairston, 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
[FR Doc. 2014–01226 Filed 1–21–14; 8:45 am]
BILLING CODE 9110–04–P
A. Regulatory History and Information
The Coast Guard published a Notice
of Proposed Rulemaking on November
27, 2013. No comments were received.
No public meeting has been requested.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
B. Basis and Purpose
33 CFR Part 165
[Docket No. USCG–2013–0905]
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RIN 1625–AA00
Safety Zone; Bone Island Triathlon,
Atlantic Ocean; Key West, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
SUMMARY:
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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; 46
U.S.C. Chapter 701, 3306, 3703; 33 CFR
1.05–1, 6.04–1, 160.5; Department of
Homeland Security Delegation No.
0170.1. On January 25, 2014, Questor
Multisport, LLC. is hosting the Bone
Island Triathlon. The event will be held
on the waters of the Atlantic Ocean
located south of Key West, Florida.
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Approximately 700 swimmers will be
participating in the race. It is
anticipated that at least 10 spectator
vessels will be present during the races.
A safety zone is necessary to protect
race participants, participant vessels,
spectators, and the general public from
the hazards associated with the event.
C. Discussion of the Final Rule
The safety zone encompasses certain
waters of the Atlantic Ocean located
south of Key West, Florida. The safety
zone will be enforced from 7 a.m. until
10 a.m. on January 25, 2014. The safety
zone consists of the following area: A
race area, where all persons and vessels,
except those persons and vessels
participating in the event, are prohibited
from entering, transiting, anchoring, or
remaining. Persons and vessels may
request authorization to enter, transit
through, anchor in, or remain within the
race area by contacting the Captain of
the Port Key West by telephone at 305–
292–8727, or a designated
representative via VHF radio on channel
16. If authorization to enter, transit
through, anchor in, or remain within the
race area is granted by the Captain of the
Port Key West or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Key West or a
designated representative. The Coast
Guard will provide notice of the
regulated area by Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 14 of these statutes or
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.
The economic impact of this rule is
not significant for the following reasons:
(1) The safety zone will only be
enforced for three hours; (2) vessel
traffic in the area is expected to be
E:\FR\FM\22JAR1.SGM
22JAR1
]]>Agencies
[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Rules and Regulations]
[Pages 3499-3502]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01226]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-1050]
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 28, 2014 until January 29,
2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-1050]. To view documents mentioned in this preamble as being
available in the docket, go to https://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
Ronald.L.Houck@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Cheryl Collins, 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
[[Page 3500]]
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 28, 2014. 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
facilitating 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 28,
2014 until 2 a.m. on January 29, 2014. The security zone will include
all navigable waters of the Potomac River, from shoreline to shoreline,
bounded on the north by the Francis Scott Key (U.S. Route 29) Bridge at
mile 113.0, downstream to and bounded on the south 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 on-scene 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 of the
security zone, 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
[[Page 3501]]
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
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.
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.
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.T05-1050 to read as follows:
Sec. 165.T05-1050 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.T05-1050.
(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
[[Page 3502]]
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
28, 2014 until 2 a.m. on January 29, 2014.
(e) Enforcement period. This section will be enforced from 4 p.m.
on January 28, 2014 until 2 a.m. on January 29, 2014.
Dated: January 6, 2014.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2014-01226 Filed 1-21-14; 8:45 am]
BILLING CODE 9110-04-P
