Security Zone; Potomac River and Anacostia River, and Adjacent Waters; Washington, DC, 60663-60666 [2016-21175]
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Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Proposed Rules
unfavorable trends are developing that could
adversely affect the agency’s or company’s
future operations, USD(P&R) may opt to bring
such matters to the attention of the agency or
company and request a statement as to what
action, if any, is considered to deal with such
unfavorable trends.
Dated: August 29, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2016–21092 Filed 9–1–16; 8:45 am]
BILLING CODE 5001–06–P
Comments’’ portion of the
section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Mr. Ronald L.
Houck, at Sector Maryland-National
Capital Region Waterways Management
Division, U.S. Coast Guard; telephone
410–576–2674, email Ronald.L.Houck@
uscg.mil.
SUPPLEMENTARY INFORMATION:
SUPPLEMENTARY INFORMATION
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0675]
RIN 1625–AA87
Security Zone; Potomac River and
Anacostia River, and Adjacent Waters;
Washington, DC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a series of security zones in the
National Capital Region (NCR) on
specified waters of the Potomac River
and Anacostia River, and adjacent
waters during increased security events.
This action is necessary to prevent
terrorist acts and incidents immediately
before, during, and after events held
within the NCR, whenever such an
event exists, as determined by the
Captain of the Port Maryland-National
Capital Region. This rule prohibits
vessels and persons from entering the
security zone and requires vessels and
persons in the security zone to depart
the security zone, unless specifically
exempt under the provisions in this rule
or granted specific permission from the
Coast Guard Captain of the Port
Maryland-National Capital Region. The
proposed regulations will enhance the
safety and security of persons and
property within the Nation’s Capital,
while minimizing, to the extent
possible, the impact on commerce and
legitimate waterway use.
DATES: Comments and related material
must be received by the Coast Guard on
or before November 1, 2016.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–0675 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
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II. Background, Purpose, and Legal
Basis
The Coast Guard has given each Coast
Guard COTP the ability to implement
comprehensive port security regimes
designed to safeguard human life,
vessels, and waterfront facilities while
still sustaining the flow of commerce. A
security zone is a tool available to the
Coast Guard that may be used to control
vessel movements in specified waters,
which the Coast Guard has determined
need additional security measures
during certain situations. The COTP has
made a determination that it is
necessary to establish a series of
security zones within the NCR. The
purpose of this rulemaking is to
enhance public and maritime safety and
security in order to safeguard life,
property, and the environment on
specified navigable waters of the
Potomac River and Anacostia River and
adjacent waters during increased
security events taking place in close
proximity to navigable waterways
within the COTP’s Area of
Responsibility.
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231.
III. Discussion of Proposed Rule
Whenever an event that requires
increased security is taking place the
proposed security zones will help
ensure the safety and security of persons
and property on or near the navigable
waters of the United States.
Accordingly, the COTP MarylandNational Capital Region proposes to
establish a series of security zones to
protect high-ranking United States
officials, foreign dignitaries, and the
public; mitigate potential terrorist acts;
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60663
and enhance public and maritime safety
and security in order to safeguard life,
property, and the environment on
specified waters of the Potomac River,
Anacostia River and adjacent waters.
The security zones would cover
specified navigable waters within the
NCR. The duration of the zone is
intended to ensure the safety of vessels
and these navigable waters before,
during, and after the event. No vessel or
person would be permitted to enter the
security zone without obtaining
permission from the COTP or a
designated representative. The COTP
Maryland-National Capital Region will
notify the maritime community, via
Broadcast Notice to Mariners (BNM), of
the location and duration of the security
zone as the increased security event
dictates. The security zone established
for a specific increased security event
will consist of one or more of the
security zones categorized below.
Security zone one includes all
navigable waters of the Potomac River,
from shoreline to shoreline, bounded to
the north by the Francis Scott Key (US–
29) Bridge, at mile 113, and bounded to
the south by a line drawn from the
Virginia shoreline at Ronald Reagan
Washington National Airport, at
38°51′21.3″ N., 077°02′00.0″ W.,
eastward across the Potomac River to
the District of Columbia shoreline at
Hains Point at position 38°51′24.3″ N.,
077°01′19.8″ W., including the waters of
the Boundary Channel, Pentagon
Lagoon, Georgetown Channel Tidal
Basin, and Roaches Run. Events that
typically require enforcement of the
zone include activities associated with
the U.S. Presidential Inauguration and
State funerals for former Presidents of
the U.S.
Security zone two includes all
navigable waters of the Anacostia River,
from shoreline to shoreline, bounded to
the north by the John Philip Sousa
(Pennsylvania Avenue) Bridge, at mile
2.9, and bounded to the south by a line
drawn from the District of Columbia
shoreline at Hains Point at position
38°51′24.3″ N., 077°01′19.8″ W.,
southward across the Anacostia River to
the District of Columbia shoreline at
Giesboro Point at position 38°50′52.4″
N., 077°01′10.9″ W., including the
waters of the Washington Channel.
Events that typically require
enforcement of the zone include
activities associated with the U.S.
Presidential Inauguration and State
funerals for former Presidents of the
U.S.
Security zone three includes all
navigable waters of the Potomac River,
from shoreline to shoreline, bounded to
the north by a line drawn from the
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Virginia shoreline at Ronald Reagan
Washington National Airport, at
38°51′21.3″ N., 077°02′00.0″ W.,
eastward across the Potomac River to
the District of Columbia shoreline at
Hains Point at position 38°51′24.3″ N.,
077°01′19.8″ W., thence southward
across the Anacostia River to the District
of Columbia shoreline at Giesboro Point
at position 38°50′52.4″ N., 077°01′10.9″
W., and bounded to the south by the
Woodrow Wilson Memorial (I–95/I–495)
Bridge, at mile 103.8. Events that
typically require enforcement of the
zone include activities associated with
the U.S. Presidential Inauguration and
State funerals for former Presidents of
the U.S.
The above zones may also be enforced
for unplanned events requiring
increased security, including but not
limited to, presidential nominating
conventions; international summits and
conferences; and meetings of
international organizations.
Security zone four, currently
described at 33 CFR 165.508, includes
all navigable waters of the Georgetown
Channel of the Potomac River, 75 yards
from the eastern shore measured
perpendicularly to the shore, between
the Long Railroad Bridge (the most
eastern bridge of the 5-span, Fourteenth
Street Bridge Complex) to the Theodore
Roosevelt Memorial Bridge and all
waters in between, totally including the
waters of the Georgetown Channel Tidal
Basin. This zone is enforced annually
from 12:01 a.m. to 11:59 p.m. local time
on July 4. There are no proposed
changes to this zone; it is retained and
included in this rulemaking.
Security zone five includes all
navigable waters in the Potomac River,
including the Boundary Channel and
Pentagon Lagoon, bounded on the west
by a line running north to south from
points along the shoreline at 38°52′50″
N./077°03′25″ W., thence to 38°52′49″
N./077°03′25″ W.; and bounded on the
east by a line running from points at
38°53′10″ N./077°03′30″ W., thence
northeast to 38°53′12″ N./077°03′26″ W.,
thence southeast to 38°52′31″ N./
077°02′34″ W., and thence southwest to
38°52′28″ N./077°02′38″ W. This zone
will be enforced on three days each
year: Memorial Day (observed),
September 11, and November 11.
Specifically, the zone will be enforced
from 10 a.m. until 1 p.m. on Memorial
Day (observed); from 8 a.m. until 11:59
a.m. on September 11; and from 10 a.m.
until 1 p.m. on November 11.
Security zone six includes 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,
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downstream to and bounded on the
south by the Woodrow Wilson
Memorial (I–95/I–495) Bridge, at mile
103.8, including the waters of the
Boundary Channel, Pentagon Lagoon,
Georgetown Channel Tidal Basin, and
Roaches Run; and all waters of the
Anacostia River, from shoreline to
shoreline, bounded on the north by the
John Philip Sousa (Pennsylvania
Avenue) Bridge, at mile 2.9,
downstream to and bounded on the
south by its confluence with the
Potomac River. This zone will be
enforced annually for the State of the
Union Address, starting at 9 a.m. on the
day of the State of the Union Address
through 2 a.m. the following day.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This NPRM has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, the NPRM has not been
reviewed by the Office of Management
and Budget.
This regulatory action determination
is based on the size, location, duration
and time of year of the security zones.
The Coast Guard determined that this
rulemaking would not be a significant
regulatory action for the following
reasons: Security zones one, two and
three are expected to be enforced for
only a week or two at a time and on
only a few occasions per year.
Additionally, the Coast Guard designed
the areas for security zones one, two and
three to cover only a portion of the
navigable waterways while still
sustaining the flow of commerce, and
mariners may request permission from
the COTP Maryland-National Capital
Region or the designated representative
to transit the zone. Security zones four
and five are expected to be enforced for
only less than 24 hours at a time and on
only a few occasions per year.
Additionally, the Coast Guard designed
the areas for security zones four and five
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to cover only a small portion of the
navigable waterways, waterway users
may transit the Potomac River around
the areas, and mariners may request
permission from the COTP MarylandNational Capital Region or the
designated representative to transit the
zone. Security zone six is expected to be
enforced for only less than 24 hours at
a time and on only on one occasion per
year when vessel traffic is normally low.
Additionally, the Coast Guard designed
the area for security zone six to cover
only a portion of the navigable
waterways while still sustaining the
flow of commerce, and mariners may
request permission from the COTP
Maryland-National Capital Region or the
designated representative to transit the
zone. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule would allow vessels
to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
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not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
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 proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
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preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves security zones that would
prohibit entry on specified waters of the
Potomac River and Anacostia River, and
adjacent waters, during increased
security events. Normally such actions
are categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of Commandant Instruction
M16475.lD. A preliminary
environmental analysis checklist and
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
proposed rule.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
Web site’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
G. Protest Activities
■
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
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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 proposes to
amend 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; 50 U.S.C. 191,
195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; Department of Homeland Security
Delegation No. 0170.1.
■
2. Revise § 165.508 to read as follows:
§ 165.508 Security Zone; Potomac River
and Anacostia River, and adjacent waters;
Washington, DC.
(a) Location. Coordinates used in this
paragraph are based on NAD83. The
following areas are security zones:
(1) Zone 1. All navigable waters of the
Potomac River, from shoreline to
shoreline, bounded to the north by the
Francis Scott Key (US–29) Bridge, at
mile 113, and bounded to the south by
a line drawn from the Virginia shoreline
at Ronald Reagan Washington National
Airport, at 38°51′21.3″ N., 077°02′00.0″
W., eastward across the Potomac River
to the District of Columbia shoreline at
Hains Point at position 38°51′24.3″ N.,
077°01′19.8″ W., including the waters of
the Boundary Channel, Pentagon
Lagoon, Georgetown Channel Tidal
Basin, and Roaches Run;
(2) Zone 2. All navigable waters of the
Anacostia River, from shoreline to
shoreline, bounded to the north by the
John Philip Sousa (Pennsylvania
Avenue) Bridge, at mile 2.9, and
bounded to the south by a line drawn
from the District of Columbia shoreline
at Hains Point at position 38°51′24.3″
N., 077°01′19.8″ W., southward across
the Anacostia River to the District of
Columbia shoreline at Giesboro Point at
position 38°50′52.4″ N., 077°01′10.9″
W., including the waters of the
Washington Channel;
(3) Zone 3. All navigable waters of the
Potomac River, from shoreline to
shoreline, bounded to the north by a
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line drawn from the Virginia shoreline
at Ronald Reagan Washington National
Airport, at 38°51′21.3″ N., 077°02′00.0″
W., eastward across the Potomac River
to the District of Columbia shoreline at
Hains Point at position 38°51′24.3″ N.,
077°01′19.8″ W., thence southward
across the Anacostia River to the District
of Columbia shoreline at Giesboro Point
at position 38°50′52.4″ N., 077°01′10.9″
W., and bounded to the south by the
Woodrow Wilson Memorial (I–95/I–495)
Bridge, at mile 103.8.
(4) Zone 4. All navigable waters of the
Georgetown Channel of the Potomac
River, 75 yards from the eastern shore
measured perpendicularly to the shore,
between the Long Railroad Bridge (the
most eastern bridge of the 5-span,
Fourteenth Street Bridge Complex) to
the Theodore Roosevelt Memorial
Bridge; and all waters in between,
totally including the waters of the
Georgetown Channel Tidal Basin.
(5) Zone 5. All navigable waters in the
Potomac River, including the Boundary
Channel and Pentagon Lagoon, bounded
on the west by a line running north to
south from points along the shoreline at
38°52′50″ N., 077°03′25″ W., thence to
38°52′49″ N., 077°03′25″ W.; and
bounded on the east by a line running
from points at 38°53′10″ N., 077°03′30″
W., thence northeast to 38°53′12″ N.,
077°03′26″ W., thence southeast to
38°52′31″ N., 077°02′34″ W., and thence
southwest to 38°52′28″ N., 077°02′38″
W.
(6) Zone 6. All navigable waters
described in paragraphs (a)(1) through
(a)(3) of this section.
(b) Regulations. The general security
zone regulations found in 33 CFR
165.33 apply to the security zones
created by this section, § 165.508.
(1) Entry into or remaining in a zone
listed in paragraph (a) in this section is
prohibited unless authorized by the
Coast Guard Captain of the Port
Maryland-National Capital Region.
Public vessels and vessels already at
berth at the time the security zone is
implemented do not have to depart the
security zone. All vessels underway
within the security zone at the time it
is implemented are to depart the zone
at the time the security zone is
implemented.
(2) Persons desiring to transit the area
of the security zone must first obtain
authorization from the Captain of the
Port Maryland-National Capital Region
or his or her designated representative.
To seek permission to transit the area,
the Captain of the Port MarylandNational Capital Region and his or her
designated representatives can be
contacted at telephone number 410–
576–2693 or on Marine Band Radio,
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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 Maryland-National Capital Region
or his designated representative and
proceed at the minimum speed
necessary to maintain a safe course
while within the zone.
(3) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the security zones listed in paragraph
(a) in this section by Federal, State, and
local agencies.
(c) Definitions. As used in this
section:
Captain of the Port MarylandNational Capital Region means the
Commander, U.S. Coast Guard Sector
Maryland-National Capital Region or
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the Captain of the Port to act on his
or her behalf.
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been authorized
by the Captain of the Port MarylandNational Capital Region to assist in
enforcing the security zones described
in paragraph (a) of this section.
Public vessel means a vessel that is
owned or demise-(bareboat) chartered
by the government of the United States,
by a State or local government, or by the
government of a foreign country and
that is not engaged in commercial
service.
(d) Enforcement. (1) In addition to the
specified times in paragraphs (d)(2)–(4)
of this section, the security zones
created by this section will be enforced
only upon issuance of a notice of
enforcement by the Captain of the Port
Maryland-National Capital Region. The
Captain of the Port Maryland-National
Capital Region will cause notice of
enforcement of these security zones to
be made by all appropriate means to the
affected segments of the public of the
enforcement dates and times of the
security zones including publication in
the Federal Register, in accordance with
33 CFR 165.7(a). Such means of
notification may also include, but are
not limited to Broadcast Notice to
Mariners or Local Notice to Mariners.
(2) Security Zone 4, established in
paragraph (a)(4) of this section, will be
enforced annually, from 12:01 a.m. to
11:59 p.m. on July 4.
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(3) Security Zone 5, established in
paragraph (a)(5) of this section, will be
enforced annually on three dates:
Memorial Day (observed), September 11,
and November 11. Security Zone 5 will
be enforced from 10 a.m. until 1 p.m. on
Memorial Day (observed); from 8 a.m.
until 11:59 a.m. on September 11; and
from 10 a.m. until 1 p.m. on November
11.
(4) Security Zone 6, established in
paragraph (a)(6) of this section, will be
enforced annually on the day the State
of the Union Address is delivered.
Security Zone 6 will be enforced from
9 a.m. on the day of the State of the
Union Address until 2 a.m. on the
following day.
(e) Suspension of enforcement. The
Captain of the Port Maryland-National
Capital Region may suspend
enforcement of the enforcement period
in paragraphs (d)(1)–(4) in this section
earlier than listed in the notice of
enforcement. Should the Captain of the
Port Maryland-National Capital Region
suspend the zone earlier than the
duration listed, he or she will make the
public aware of this suspension by
Broadcast Notice to Mariners and/or onscene notice by his or her designated
representative.
Dated: August 24, 2016.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2016–21175 Filed 9–1–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
RIN 0648–BG21
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Atlantic
Mackerel, Squid, and Butterfish
Fisheries; Amendment 16
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of fishery
management plan amendment; request
for comments.
AGENCY:
NMFS announces that the
Mid-Atlantic Fishery Management
Council has submitted Amendment 16
to the Atlantic Mackerel, Squid, and
Butterfish Fishery Management Plan,
SUMMARY:
E:\FR\FM\02SEP1.SGM
02SEP1
Agencies
[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)]
[Proposed Rules]
[Pages 60663-60666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21175]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0675]
RIN 1625-AA87
Security Zone; Potomac River and Anacostia River, and Adjacent
Waters; Washington, DC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a series of security
zones in the National Capital Region (NCR) on specified waters of the
Potomac River and Anacostia River, and adjacent waters during increased
security events. This action is necessary to prevent terrorist acts and
incidents immediately before, during, and after events held within the
NCR, whenever such an event exists, as determined by the Captain of the
Port Maryland-National Capital Region. This rule prohibits vessels and
persons from entering the security zone and requires vessels and
persons in the security zone to depart the security zone, unless
specifically exempt under the provisions in this rule or granted
specific permission from the Coast Guard Captain of the Port Maryland-
National Capital Region. The proposed regulations will enhance the
safety and security of persons and property within the Nation's
Capital, while minimizing, to the extent possible, the impact on
commerce and legitimate waterway use.
DATES: Comments and related material must be received by the Coast
Guard on or before November 1, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0675 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ronald L. Houck, at Sector
Maryland-National Capital Region Waterways Management Division, U.S.
Coast Guard; telephone 410-576-2674, email Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Coast Guard has given each Coast Guard COTP the ability to
implement comprehensive port security regimes designed to safeguard
human life, vessels, and waterfront facilities while still sustaining
the flow of commerce. A security zone is a tool available to the Coast
Guard that may be used to control vessel movements in specified waters,
which the Coast Guard has determined need additional security measures
during certain situations. The COTP has made a determination that it is
necessary to establish a series of security zones within the NCR. The
purpose of this rulemaking is to enhance public and maritime safety and
security in order to safeguard life, property, and the environment on
specified navigable waters of the Potomac River and Anacostia River and
adjacent waters during increased security events taking place in close
proximity to navigable waterways within the COTP's Area of
Responsibility.
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231.
III. Discussion of Proposed Rule
Whenever an event that requires increased security is taking place
the proposed security zones will help ensure the safety and security of
persons and property on or near the navigable waters of the United
States. Accordingly, the COTP Maryland-National Capital Region proposes
to establish a series of security zones to protect high-ranking United
States officials, foreign dignitaries, 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
specified waters of the Potomac River, Anacostia River and adjacent
waters. The security zones would cover specified navigable waters
within the NCR. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the event. No vessel or person would be permitted to enter the security
zone without obtaining permission from the COTP or a designated
representative. The COTP Maryland-National Capital Region will notify
the maritime community, via Broadcast Notice to Mariners (BNM), of the
location and duration of the security zone as the increased security
event dictates. The security zone established for a specific increased
security event will consist of one or more of the security zones
categorized below.
Security zone one includes all navigable waters of the Potomac
River, from shoreline to shoreline, bounded to the north by the Francis
Scott Key (US-29) Bridge, at mile 113, and bounded to the south by a
line drawn from the Virginia shoreline at Ronald Reagan Washington
National Airport, at 38[deg]51'21.3'' N., 077[deg]02'00.0'' W.,
eastward across the Potomac River to the District of Columbia shoreline
at Hains Point at position 38[deg]51'24.3'' N., 077[deg]01'19.8'' W.,
including the waters of the Boundary Channel, Pentagon Lagoon,
Georgetown Channel Tidal Basin, and Roaches Run. Events that typically
require enforcement of the zone include activities associated with the
U.S. Presidential Inauguration and State funerals for former Presidents
of the U.S.
Security zone two includes all navigable waters of the Anacostia
River, from shoreline to shoreline, bounded to the north by the John
Philip Sousa (Pennsylvania Avenue) Bridge, at mile 2.9, and bounded to
the south by a line drawn from the District of Columbia shoreline at
Hains Point at position 38[deg]51'24.3'' N., 077[deg]01'19.8'' W.,
southward across the Anacostia River to the District of Columbia
shoreline at Giesboro Point at position 38[deg]50'52.4'' N.,
077[deg]01'10.9'' W., including the waters of the Washington Channel.
Events that typically require enforcement of the zone include
activities associated with the U.S. Presidential Inauguration and State
funerals for former Presidents of the U.S.
Security zone three includes all navigable waters of the Potomac
River, from shoreline to shoreline, bounded to the north by a line
drawn from the
[[Page 60664]]
Virginia shoreline at Ronald Reagan Washington National Airport, at
38[deg]51'21.3'' N., 077[deg]02'00.0'' W., eastward across the Potomac
River to the District of Columbia shoreline at Hains Point at position
38[deg]51'24.3'' N., 077[deg]01'19.8'' W., thence southward across the
Anacostia River to the District of Columbia shoreline at Giesboro Point
at position 38[deg]50'52.4'' N., 077[deg]01'10.9'' W., and bounded to
the south by the Woodrow Wilson Memorial (I-95/I-495) Bridge, at mile
103.8. Events that typically require enforcement of the zone include
activities associated with the U.S. Presidential Inauguration and State
funerals for former Presidents of the U.S.
The above zones may also be enforced for unplanned events requiring
increased security, including but not limited to, presidential
nominating conventions; international summits and conferences; and
meetings of international organizations.
Security zone four, currently described at 33 CFR 165.508, includes
all navigable waters of the Georgetown Channel of the Potomac River, 75
yards from the eastern shore measured perpendicularly to the shore,
between the Long Railroad Bridge (the most eastern bridge of the 5-
span, Fourteenth Street Bridge Complex) to the Theodore Roosevelt
Memorial Bridge and all waters in between, totally including the waters
of the Georgetown Channel Tidal Basin. This zone is enforced annually
from 12:01 a.m. to 11:59 p.m. local time on July 4. There are no
proposed changes to this zone; it is retained and included in this
rulemaking.
Security zone five includes all navigable waters in the Potomac
River, including the Boundary Channel and Pentagon Lagoon, bounded on
the west by a line running north to south from points along the
shoreline at 38[deg]52'50'' N./077[deg]03'25'' W., thence to
38[deg]52'49'' N./077[deg]03'25'' W.; and bounded on the east by a line
running from points at 38[deg]53'10'' N./077[deg]03'30'' W., thence
northeast to 38[deg]53'12'' N./077[deg]03'26'' W., thence southeast to
38[deg]52'31'' N./077[deg]02'34'' W., and thence southwest to
38[deg]52'28'' N./077[deg]02'38'' W. This zone will be enforced on
three days each year: Memorial Day (observed), September 11, and
November 11. Specifically, the zone will be enforced from 10 a.m. until
1 p.m. on Memorial Day (observed); from 8 a.m. until 11:59 a.m. on
September 11; and from 10 a.m. until 1 p.m. on November 11.
Security zone six includes 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 by the Woodrow Wilson Memorial (I-95/I-495)
Bridge, at mile 103.8, including the waters of the Boundary Channel,
Pentagon Lagoon, Georgetown Channel Tidal Basin, and Roaches Run; and
all waters of the Anacostia River, from shoreline to shoreline, bounded
on the north by the John Philip Sousa (Pennsylvania Avenue) Bridge, at
mile 2.9, downstream to and bounded on the south by its confluence with
the Potomac River. This zone will be enforced annually for the State of
the Union Address, starting at 9 a.m. on the day of the State of the
Union Address through 2 a.m. the following day.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
This regulatory action determination is based on the size,
location, duration and time of year of the security zones. The Coast
Guard determined that this rulemaking would not be a significant
regulatory action for the following reasons: Security zones one, two
and three are expected to be enforced for only a week or two at a time
and on only a few occasions per year. Additionally, the Coast Guard
designed the areas for security zones one, two and three to cover only
a portion of the navigable waterways while still sustaining the flow of
commerce, and mariners may request permission from the COTP Maryland-
National Capital Region or the designated representative to transit the
zone. Security zones four and five are expected to be enforced for only
less than 24 hours at a time and on only a few occasions per year.
Additionally, the Coast Guard designed the areas for security zones
four and five to cover only a small portion of the navigable waterways,
waterway users may transit the Potomac River around the areas, and
mariners may request permission from the COTP Maryland-National Capital
Region or the designated representative to transit the zone. Security
zone six is expected to be enforced for only less than 24 hours at a
time and on only on one occasion per year when vessel traffic is
normally low. Additionally, the Coast Guard designed the area for
security zone six to cover only a portion of the navigable waterways
while still sustaining the flow of commerce, and mariners may request
permission from the COTP Maryland-National Capital Region or the
designated representative to transit the zone. Moreover, the Coast
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, and the rule would allow vessels to seek
permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will
[[Page 60665]]
not retaliate against small entities that question or complain about
this proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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 proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves security
zones that would prohibit entry on specified waters of the Potomac
River and Anacostia River, and adjacent waters, during increased
security events. Normally such actions are categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of Commandant
Instruction M16475.lD. A preliminary environmental analysis checklist
and 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 proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.
0
2. Revise Sec. 165.508 to read as follows:
Sec. 165.508 Security Zone; Potomac River and Anacostia River, and
adjacent waters; Washington, DC.
(a) Location. Coordinates used in this paragraph are based on
NAD83. The following areas are security zones:
(1) Zone 1. All navigable waters of the Potomac River, from
shoreline to shoreline, bounded to the north by the Francis Scott Key
(US-29) Bridge, at mile 113, and bounded to the south by a line drawn
from the Virginia shoreline at Ronald Reagan Washington National
Airport, at 38[deg]51'21.3'' N., 077[deg]02'00.0'' W., eastward across
the Potomac River to the District of Columbia shoreline at Hains Point
at position 38[deg]51'24.3'' N., 077[deg]01'19.8'' W., including the
waters of the Boundary Channel, Pentagon Lagoon, Georgetown Channel
Tidal Basin, and Roaches Run;
(2) Zone 2. All navigable waters of the Anacostia River, from
shoreline to shoreline, bounded to the north by the John Philip Sousa
(Pennsylvania Avenue) Bridge, at mile 2.9, and bounded to the south by
a line drawn from the District of Columbia shoreline at Hains Point at
position 38[deg]51'24.3'' N., 077[deg]01'19.8'' W., southward across
the Anacostia River to the District of Columbia shoreline at Giesboro
Point at position 38[deg]50'52.4'' N., 077[deg]01'10.9'' W., including
the waters of the Washington Channel;
(3) Zone 3. All navigable waters of the Potomac River, from
shoreline to shoreline, bounded to the north by a
[[Page 60666]]
line drawn from the Virginia shoreline at Ronald Reagan Washington
National Airport, at 38[deg]51'21.3'' N., 077[deg]02'00.0'' W.,
eastward across the Potomac River to the District of Columbia shoreline
at Hains Point at position 38[deg]51'24.3'' N., 077[deg]01'19.8'' W.,
thence southward across the Anacostia River to the District of Columbia
shoreline at Giesboro Point at position 38[deg]50'52.4'' N.,
077[deg]01'10.9'' W., and bounded to the south by the Woodrow Wilson
Memorial (I-95/I-495) Bridge, at mile 103.8.
(4) Zone 4. All navigable waters of the Georgetown Channel of the
Potomac River, 75 yards from the eastern shore measured perpendicularly
to the shore, between the Long Railroad Bridge (the most eastern bridge
of the 5-span, Fourteenth Street Bridge Complex) to the Theodore
Roosevelt Memorial Bridge; and all waters in between, totally including
the waters of the Georgetown Channel Tidal Basin.
(5) Zone 5. All navigable waters in the Potomac River, including
the Boundary Channel and Pentagon Lagoon, bounded on the west by a line
running north to south from points along the shoreline at
38[deg]52'50'' N., 077[deg]03'25'' W., thence to 38[deg]52'49'' N.,
077[deg]03'25'' W.; and bounded on the east by a line running from
points at 38[deg]53'10'' N., 077[deg]03'30'' W., thence northeast to
38[deg]53'12'' N., 077[deg]03'26'' W., thence southeast to
38[deg]52'31'' N., 077[deg]02'34'' W., and thence southwest to
38[deg]52'28'' N., 077[deg]02'38'' W.
(6) Zone 6. All navigable waters described in paragraphs (a)(1)
through (a)(3) of this section.
(b) Regulations. The general security zone regulations found in 33
CFR 165.33 apply to the security zones created by this section, Sec.
165.508.
(1) Entry into or remaining in a zone listed in paragraph (a) in
this section is prohibited unless authorized by the Coast Guard Captain
of the Port Maryland-National Capital Region. Public vessels and
vessels already at berth at the time the security zone is implemented
do not have to depart the security zone. All vessels underway within
the security zone at the time it is implemented are to depart the zone
at the time the security zone is implemented.
(2) Persons desiring to transit the area of the security zone must
first obtain authorization from the Captain of the Port Maryland-
National Capital Region or his or her designated representative. To
seek permission to transit the area, the Captain of the Port Maryland-
National Capital Region and his or her 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 Maryland-National Capital
Region or his designated representative and proceed at the minimum
speed necessary to maintain a safe course while within the zone.
(3) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the security zones listed in paragraph (a) in this
section by Federal, State, and local agencies.
(c) Definitions. As used in this section:
Captain of the Port Maryland-National Capital Region means the
Commander, U.S. Coast Guard Sector Maryland-National Capital Region or
any Coast Guard commissioned, warrant or petty officer who has been
authorized by the Captain of the Port to act on his or her behalf.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the
security zones described in paragraph (a) of this section.
Public vessel means a vessel that is owned or demise-(bareboat)
chartered by the government of the United States, by a State or local
government, or by the government of a foreign country and that is not
engaged in commercial service.
(d) Enforcement. (1) In addition to the specified times in
paragraphs (d)(2)-(4) of this section, the security zones created by
this section will be enforced only upon issuance of a notice of
enforcement by the Captain of the Port Maryland-National Capital
Region. The Captain of the Port Maryland-National Capital Region will
cause notice of enforcement of these security zones to be made by all
appropriate means to the affected segments of the public of the
enforcement dates and times of the security zones including publication
in the Federal Register, in accordance with 33 CFR 165.7(a). Such means
of notification may also include, but are not limited to Broadcast
Notice to Mariners or Local Notice to Mariners.
(2) Security Zone 4, established in paragraph (a)(4) of this
section, will be enforced annually, from 12:01 a.m. to 11:59 p.m. on
July 4.
(3) Security Zone 5, established in paragraph (a)(5) of this
section, will be enforced annually on three dates: Memorial Day
(observed), September 11, and November 11. Security Zone 5 will be
enforced from 10 a.m. until 1 p.m. on Memorial Day (observed); from 8
a.m. until 11:59 a.m. on September 11; and from 10 a.m. until 1 p.m. on
November 11.
(4) Security Zone 6, established in paragraph (a)(6) of this
section, will be enforced annually on the day the State of the Union
Address is delivered. Security Zone 6 will be enforced from 9 a.m. on
the day of the State of the Union Address until 2 a.m. on the following
day.
(e) Suspension of enforcement. The Captain of the Port Maryland-
National Capital Region may suspend enforcement of the enforcement
period in paragraphs (d)(1)-(4) in this section earlier than listed in
the notice of enforcement. Should the Captain of the Port Maryland-
National Capital Region suspend the zone earlier than the duration
listed, he or she will make the public aware of this suspension by
Broadcast Notice to Mariners and/or on-scene notice by his or her
designated representative.
Dated: August 24, 2016.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2016-21175 Filed 9-1-16; 8:45 am]
BILLING CODE 9110-04-P