Washington Channel, Fort McNair, Washington, DC; Restricted Area, 64434-64436 [2020-21677]
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64434
Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Proposed Rules
552(a)(6)(B) of FOIA) apply, PBGC
needs more than 10 additional days to
process the disclosure request, and more
than 5,000 pages are necessary to
respond to the request, provided that:
(i) PBGC has provided timely written
notice of this determination to the
requester; and
(ii) PBGC has discussed with the
requester, or made three or more goodfaith attempts to do so, via written mail,
electronic mail, or telephone how the
requester could effectively limit the
scope of the request.
(2) PBGC has determined that unusual
circumstances (as defined in section
552(a)(6)(B) of FOIA) apply, PBGC has
provided timely written notice to the
requester of the unusual circumstances
extending the time limit by 10
additional days, and PBGC processes
the disclosure request within that time.
(3) A court has determined that
exceptional circumstances exist (as
defined in section 552(a)(6)(C) of FOIA)
and has issued an order excusing
PBGC’s failure to comply with the time
limit.
■ 24. Amend § 4901.32 by revising
paragraphs (a) and (b) to read as follows:
khammond on DSKJM1Z7X2PROD with PROPOSALS
§ 4901.32
Fee schedule.
(a) Charges for searching and review
of records. Charges applicable under
this subpart to the search for and review
of records will be made according to the
following fee schedule:
(1) Search time and review time. For
ordinary search services and review
services, PBGC charges $54.00 per hour.
PBGC charges fees in quarter hour
increments.
(2) Retrieving records stored by
NARA. For disclosure requests that
require the retrieval of records stored at
a Federal records center operated by the
National Archives and Records
Administration (NARA), PBGC charges
additional costs in accordance with the
Transactional Billing Rate Schedule
established by NARA.
(b) Charges for duplication of records.
Charges applicable under this subpart
for obtaining requested copies of records
made available for inspection will be
made according to the following fee
schedule and subject to the following
conditions.
(1) Standard copying fee. $0.15 for
each page of record copies furnished.
(2) Voluminous material. If the
volume of page copy desired by the
requester is such that the reproduction
charge at the standard page rate would
be in excess of $50, the person desiring
reproduction may request a special rate
quotation from PBGC.
(3) Indexes. Pursuant to section
552(a)(2) of FOIA copies of indexes or
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supplements thereto which are
maintained as therein provided but
which have not been published will be
provided on request at a cost not to
exceed the direct cost of duplication.
*
*
*
*
*
■ 25. Amend § 4901.33 by:
■ a. Revising paragraphs (a), (b)
introductory text, and (b)(1);
■ b. Removing ‘‘the PBGC may’’ and
adding in its place ‘‘PBGC may’’ in
paragraph (b)(2); and
■ c. Removing ‘‘The PBGC may’’ and
adding in its place ‘‘PBGC may’’ in
paragraph (c).
The revisions read as follows:
Issued in Washington, DC, by:
Gordon Hartogensis,
Director, Pension Benefit Guaranty
Corporation.
§ 4901.33
Department of the Army, Corps of
Engineers
Payment of fees.
(a) Medium of payment. Payment of
the applicable fees as provided in this
section must be made by check, money,
or other PBGC permitted method, and in
accordance with the FOIA instructions
on PBGC’s website, www.pbgc.gov.
(b) Advance payment or assurance of
payment. Payment or assurance of
payment before work is begun or
continued on a disclosure request may
be required as follows:
(1) Where PBGC estimates or
determines that charges allowable under
the rules in this subpart, are likely to
exceed $250, PBGC may require
advance payment of the entire fee or
assurance of payment, as follows:
(i) Where the requester has a history
of prompt payment of fees under this
part, PBGC will notify the requester of
the likely cost and obtain satisfactory
assurance of full payment; or
(ii) Where the requester has no history
of payment for requests made pursuant
to FOIA and this part, PBGC may
require the requester to make an
advance payment of an amount up to
the full estimated charges.
*
*
*
*
*
■ 26. Amend § 4901.34 by:
■ a. Removing ‘‘disclosure officer’’ and
adding in its place ‘‘Disclosure Officer’’;
removing ‘‘government’’ and adding in
its place ‘‘Government’’; removing
‘‘waiver request shall’’ and adding in its
place ‘‘waiver or reduction request
must’’; and removing ‘‘request for
waiver’’ and adding in its place
‘‘request’’ in paragraph (a); and
■ b. Revising paragraph (b).
The revision reads as follows:
§ 4901.34
Waiver or reduction of charges.
*
*
*
*
*
(b) If the Disclosure Officer
determines that the request for fee
waiver or reduction will be denied, the
requester will be so advised in writing
with a brief statement of the reasons for
the denial. The writing will include the
name and title or position of the
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person(s) responsible for the denial,
outline the appeal procedure available,
and notify the requester of the right to
seek dispute resolution services from a
PBGC FOIA Public Liaison or the Office
of Government Information Services.
[FR Doc. 2020–20018 Filed 10–9–20; 8:45 am]
BILLING CODE 7709–02–P
DEPARTMENT OF DEFENSE
33 CFR Part 334
[COE–2019–0010]
Washington Channel, Fort McNair,
Washington, DC; Restricted Area
AGENCY:
U.S. Army Corps of Engineers,
DoD.
Notice of proposed rulemaking
and request for comments.
ACTION:
The U.S. Army Corps of
Engineers (Corps) is proposing to
establish a restricted area in the
Washington Channel adjacent to Fort
McNair. Fort McNair is the headquarters
of the Army’s Military District of
Washington and home of the National
Defense University as well as the official
residence of the U.S. Army’s Vice Chief
of Staff. Fort McNair requested a
restricted area to fulfill Joint Base MyerHenderson Hall (JBM–HH) security
needs including Marine Helicopter
Squadron (HMX) missions and
protection of VIP quarters at Fort
McNair. On August 8, 2019, the Corps
published a proposed rule for the
establishment of a restricted area in the
Washington Channel adjacent to Fort
McNair. After evaluating the comments
received in response to that proposed
rule, the proposal has been revised and
the Corps is inviting public comment on
the revised proposed rule text.
DATES: Written comments must be
submitted on or before November 12,
2020.
ADDRESSES: You may submit comments,
identified by docket number COE–
2019–0010, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments to
docket number COE–2019–0010.
Email: david.b.olson@usace.army.mil.
Include the docket number, COE–2019–
0010, in the subject line of the message.
SUMMARY:
E:\FR\FM\13OCP1.SGM
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khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Proposed Rules
Mail: U.S. Army Corps of Engineers,
Attn: CECW–CO–R (David B. Olson),
441 G Street NW, Washington, DC
20314–1000.
Hand Delivery/Courier: Due to
security requirements, we cannot
receive comments by hand delivery or
courier.
Instructions: Direct your comments to
docket number COE–2019–0010. All
comments received will be included in
the public docket without change and
may be made available on-line at https://
www.regulations.gov, including any
personal information provided, unless
the commenter indicates that the
comment includes information claimed
to be Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute. Do
not submit information that you
consider to be CBI, or otherwise
protected, through regulations.gov or
email. The regulations.gov website is an
anonymous access system, which means
we will not know your identity or
contact information unless you provide
it in the body of your comment. If you
send an email directly to the Corps
without going through regulations.gov,
your email address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
internet. If you submit an electronic
comment, we recommend that you
include your name and other contact
information in the body of your
comment and also include your contact
information with any compact disk you
submit. If we cannot read your comment
because of technical difficulties and
cannot contact you for clarification, we
may not be able to consider your
comment. Electronic comments should
avoid the use of any special characters,
any form of encryption, and be free of
any defects or viruses.
Docket: For access to the docket to
read background documents or
comments received, go to
www.regulations.gov. All documents in
the docket are listed. Although listed in
the index, some information is not
publicly available, such as CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form.
FOR FURTHER INFORMATION CONTACT: Mr.
David Olson, Headquarters, Operations
and Regulatory Division, Washington,
DC at 202–761–4922.
SUPPLEMENTARY INFORMATION: Pursuant
to its authorities in Section 7 of the
Rivers and Harbors Act of 1917 (40 Stat.
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16:17 Oct 09, 2020
Jkt 253001
266; 33 U.S.C. 1) and Chapter XIX of the
Army Appropriations Act of 1919 (40
Stat. 892; 33 U.S.C. 3), the U.S. Army
Corps of Engineers (Corps) is proposing
to amend its regulations at 33 CFR part
334 for the establishment of a restricted
area in waters of the Washington
Channel in Washington, DC. In a
memorandum dated April 16, 2020, Fort
McNair submitted a revised request to
the Corps for a proposed rule to
establish this restricted area. The
proposed restricted area is necessary to
fulfill the current security needs of Fort
McNair and Joint Base Myer-Henderson
Hall (JBM–HH) at these facilities. Fort
McNair is the headquarters of the
Army’s Military District of Washington
and home of the National Defense
University as well as the official
residence of the U.S. Army’s Vice Chief
of Staff.
The initial proposed rule as published
in the August 8, 2019, issue of the
Federal Register (84 FR 38893). Fortyeight comments were received in
response to that proposed rule, and
those comments can be viewed in the
www.regulations.gov docket for this
rulemaking activity (docket number
COE–2019–0010).
The original proposal was to prohibit
access within the proposed restricted
area at all times, other than limited
exceptions for fishing access. In
response to the proposed rule,
comments were received from the
public stating the Washington Channel
is increasingly utilized for regional
transportation, water recreation, and
cultural activities such as the District of
Columbia’s Holiday Boat Parade and the
Blessing of the Fleet. Commenters
expressed concern that the proposal
would affect the ability of residents and
visitors to enjoy these activities in the
restricted area. Commenters also
expressed concerns that restriction of
the channel would significantly narrow
the waterway, creating unsafe
navigation conditions by forcing paddle
boats, kayaks, sail boats and motor boats
into the same space as larger water taxis
and river cruise ships. To respond to the
public comments, an alternative
restricted area proposal was developed
that would provide greater flexibility for
mariners. The revised proposal would
allow transient traffic offshore of Fort
McNair at all times with the exception
of National Security Special Events such
as the State of the Union Address, State
Funerals, Presidential Inaugurations,
Marine Helicopter Squadron (HMX)
missions, and other periods of increased
security. Other than during National
Security Special Events and other
periods of increased security, water craft
would be able to transit, but not anchor,
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64435
moor or loiter in the restricted area
unless approved by the Commander,
JBM–HH/Fort McNair or his/her
designated representatives.
Procedural Requirements
a. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This proposed rule
has not been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this
proposed rule has not been reviewed by
the Office of Management and Budget
(OMB), and pursuant to OMB guidance
it is exempt from the requirements of
Executive Order 13771. The Corps has
determined that this proposed rule is
not a significant regulatory action. This
determination is based on the size,
duration, and location of the restricted
area. The restricted area occupies only
a portion of the waterway. Outside of
National Special Security Events, a
vessel that needs to transit the restricted
area may do so, but must not anchor,
moor or loiter in, the restricted area.
During National Special Security
Events, the vessel may transit the
restricted area if the operator of the
vessel obtains permission from the
Commanding Officer, JBM–HH or his/
her designated representative.
Fishermen may be authorized controlled
access to the restricted area after
registering with JBM–HH/Fort McNair
officials and following specific access
notification procedures.
b. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Corps certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels that intend to transit the
proposed restricted area may be small
entities, this proposed rule would not
have a significant economic impact on
any vessel owner or operator. In
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Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Proposed Rules
addition, the restricted area is necessary
to address the current security needs at
Fort McNair and JBM–HH Washington,
DC. Vessels can utilize navigable waters
outside of the restricted area. Also,
vessels or other craft can transit, but not
anchor, moor or loiter in, the restricted
area unless approved by the
Commander, JBM–HH/Fort McNair or
his/her designated representatives
transit the restricted area as long as they
obtain permission from the
Commanding Officer, JBM–HH or his/
her designated representative. Unless
information is obtained to the contrary
during the comment period, the Corps
expects the proposed restricted area
would have no economic impact on the
public, nor create any navigational
hazards or interference with existing
waterway traffic. After considering the
economic impacts of this restricted area
regulation on small entities, I certify
that this action will not have a
significant impact on a substantial
number of small entities.
c. Review Under the National
Environmental Policy Act
Due to the administrative nature of
this action, the Corps expects that this
proposed regulation, if adopted, will not
have a significant impact to the quality
of the human environment and,
therefore, preparation of an
environmental impact statement will
not be required. An environmental
assessment will be prepared after the
public notice period is closed and all
comments have been received and
considered.
khammond on DSKJM1Z7X2PROD with PROPOSALS
d. Unfunded Mandates Act
This proposed rule does not impose
an enforceable duty among the private
sector and, therefore, it is not a Federal
private sector mandate and it is not
subject to the requirements of either
Section 202 or Section 205 of the
Unfunded Mandates Act. We have also
found under Section 203 of the Act, that
small governments will not be
significantly and uniquely affected by
this rulemaking.
e. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The Corps will
submit a report containing the final rule
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States. A major
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16:17 Oct 09, 2020
Jkt 253001
rule cannot take effect until 60 days
after it is published in the Federal
Register. This proposed rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety,
Navigation (water), Restricted Areas,
Waterways.
For the reasons set out in the
preamble, the Corps proposes to amend
33 CFR part 334 as follows:
PART 334—DANGER ZONE AND
RESTRICTED AREA REGULATIONS
1. The authority citation for 33 CFR
part 334 continues to read as follows:
■
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
■
2. Add § 334.225 to read as follows:
§ 334.225 Washington Channel, Fort
Lesley J. McNair, Washington, DC;
Restricted Area.
(a) The area. The restricted area shall
encompass all navigable waters of the
United States, as defined at 33 CFR part
329, within the area bounded by a line
connecting the following coordinates:
Commencing from the shoreline at
latitude 38°52′18.776″ N, longitude
¥077°1′9.436″ W; thence to latitude
38°52′17.696″ N, longitude
¥077°1′13.345″ W; thence to latitude
38°52′12.798″ N, longitude
¥077°1′12.114″ W; thence to latitude
38°52′17.559″ N, longitude
¥077°1′9.706″ W; thence to latitude
38°51′43.667″ N, longitude
¥077°1′9.771″ W; thence to latitude
38°51′41.135″ N, longitude 077°1′9.45″
W; thence to latitude 38°51′38.723″ N,
longitude ¥077°1′6.921″ W; thence to
latitude 38°51′38.257″ N, longitude
¥077°1′3.101″ W; thence to latitude
38°51′40.069″ N, longitude
¥077°0′57.895″ W; thence to latitude
38°51′41.708″ N, longitude
¥077°0′54.969″ W; thence to latitude
38°51′41.918″ N, longitude
¥077°0′53.911″ W; thence to latitude
38°51′43.571″ N, longitude
¥077°0′55.143″ W. The datum for these
coordinates is NAD–83.
(b) The regulations: (1) All persons,
vessels, or other craft are prohibited
from anchoring, mooring or loitering
within the restricted area without the
permission of the Commander, Joint
Base Myer Henderson Hall (JBM–HH)/
Fort McNair or his/her designated
representatives. The restriction will be
in place 24 hours a day, 7 days a week.
During National Special Security Events
(NSSEs) and other periods of increased
security, all persons, vessels, or other
craft are prohibited from anchoring,
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Frm 00022
Fmt 4702
Sfmt 4702
mooring, loitering, or transiting the
restricted area. At other times, all
persons, vessels, or other craft can
transit, but must not anchor, moor or
loiter in, the restricted area unless
approved by the Commander, JBM–HH/
Fort McNair or his/her designated
representatives.
(2) The boundary of the restricted area
will be demarcated with marker buoys
and warning signs located at all or some
of the coordinates at approximately 75–
150 meters from the shoreline of Fort
McNair listed in paragraph (a) of this
section.
(3) Closure notification. During
temporary closures for known events,
boaters will be notified of closure of the
restricted area to transit by Local
Notices to Mariners (LNMs). For
unforeseen events requiring closure,
Broadcast Notices to Mariners (BNMs),
Safety Marine Information Broadcasts
(SMIBs), or direction from shore, or any
combination of these, will be used to
alert boaters.
(c) Enforcement. The restricted area
will be jointly enforced by the
Commander, Joint Base Myer Henderson
Hall (JBM–HH)/Fort McNair or any such
agencies he/she designates and the
Metropolitan Harbor Patrol. The U.S.
Coast Guard also has enforcement
authority under Title 14, United States
Code, Section 522. During NSSEs and
other periods of increased security, all
persons, vessels, or other craft are
prohibited from anchoring, mooring,
loitering, or transiting the restricted
area. At other times, all persons, vessels,
or other craft can transit but must not
anchor, moor or loiter in the restricted
area unless approved by the
Commander, JBM–HH/Fort McNair. The
areas identified in paragraph (a) of this
section will be monitored 24 hours a
day, 7 days a week. If any person or
vessel encroaching within the areas
identified in paragraph (a) of this
section is directed to immediately leave
the restricted area and fails to do so,
such failure to comply could result in
forceful removal and/or criminal
charges.
(d) Exceptions. Fishermen may be
authorized controlled access to the
restricted area after registering with
JBM–HH/Fort McNair officials and
following specific access notification
procedures.
Thomas P. Smith,
Chief, Operations and Regulatory Division,
Directorate of Civil Works.
[FR Doc. 2020–21677 Filed 10–9–20; 8:45 am]
BILLING CODE 3720–58–P
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]]>Agencies
[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Proposed Rules]
[Pages 64434-64436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21677]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
[COE-2019-0010]
Washington Channel, Fort McNair, Washington, DC; Restricted Area
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of proposed rulemaking and request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to
establish a restricted area in the Washington Channel adjacent to Fort
McNair. Fort McNair is the headquarters of the Army's Military District
of Washington and home of the National Defense University as well as
the official residence of the U.S. Army's Vice Chief of Staff. Fort
McNair requested a restricted area to fulfill Joint Base Myer-Henderson
Hall (JBM-HH) security needs including Marine Helicopter Squadron (HMX)
missions and protection of VIP quarters at Fort McNair. On August 8,
2019, the Corps published a proposed rule for the establishment of a
restricted area in the Washington Channel adjacent to Fort McNair.
After evaluating the comments received in response to that proposed
rule, the proposal has been revised and the Corps is inviting public
comment on the revised proposed rule text.
DATES: Written comments must be submitted on or before November 12,
2020.
ADDRESSES: You may submit comments, identified by docket number COE-
2019-0010, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments to docket number COE-2019-0010.
Email: [email protected]. Include the docket number,
COE-2019-0010, in the subject line of the message.
[[Page 64435]]
Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-R (David B.
Olson), 441 G Street NW, Washington, DC 20314-1000.
Hand Delivery/Courier: Due to security requirements, we cannot
receive comments by hand delivery or courier.
Instructions: Direct your comments to docket number COE-2019-0010.
All comments received will be included in the public docket without
change and may be made available on-line at https://www.regulations.gov,
including any personal information provided, unless the commenter
indicates that the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI, or otherwise protected, through regulations.gov or
email. The regulations.gov website is an anonymous access system, which
means we will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email directly
to the Corps without going through regulations.gov, your email address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the internet. If
you submit an electronic comment, we recommend that you include your
name and other contact information in the body of your comment and also
include your contact information with any compact disk you submit. If
we cannot read your comment because of technical difficulties and
cannot contact you for clarification, we may not be able to consider
your comment. Electronic comments should avoid the use of any special
characters, any form of encryption, and be free of any defects or
viruses.
Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov. All documents in the
docket are listed. Although listed in the index, some information is
not publicly available, such as CBI or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Division, Washington, DC at 202-761-4922.
SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of
the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and
Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33
U.S.C. 3), the U.S. Army Corps of Engineers (Corps) is proposing to
amend its regulations at 33 CFR part 334 for the establishment of a
restricted area in waters of the Washington Channel in Washington, DC.
In a memorandum dated April 16, 2020, Fort McNair submitted a revised
request to the Corps for a proposed rule to establish this restricted
area. The proposed restricted area is necessary to fulfill the current
security needs of Fort McNair and Joint Base Myer-Henderson Hall (JBM-
HH) at these facilities. Fort McNair is the headquarters of the Army's
Military District of Washington and home of the National Defense
University as well as the official residence of the U.S. Army's Vice
Chief of Staff.
The initial proposed rule as published in the August 8, 2019, issue
of the Federal Register (84 FR 38893). Forty-eight comments were
received in response to that proposed rule, and those comments can be
viewed in the www.regulations.gov docket for this rulemaking activity
(docket number COE-2019-0010).
The original proposal was to prohibit access within the proposed
restricted area at all times, other than limited exceptions for fishing
access. In response to the proposed rule, comments were received from
the public stating the Washington Channel is increasingly utilized for
regional transportation, water recreation, and cultural activities such
as the District of Columbia's Holiday Boat Parade and the Blessing of
the Fleet. Commenters expressed concern that the proposal would affect
the ability of residents and visitors to enjoy these activities in the
restricted area. Commenters also expressed concerns that restriction of
the channel would significantly narrow the waterway, creating unsafe
navigation conditions by forcing paddle boats, kayaks, sail boats and
motor boats into the same space as larger water taxis and river cruise
ships. To respond to the public comments, an alternative restricted
area proposal was developed that would provide greater flexibility for
mariners. The revised proposal would allow transient traffic offshore
of Fort McNair at all times with the exception of National Security
Special Events such as the State of the Union Address, State Funerals,
Presidential Inaugurations, Marine Helicopter Squadron (HMX) missions,
and other periods of increased security. Other than during National
Security Special Events and other periods of increased security, water
craft would be able to transit, but not anchor, moor or loiter in the
restricted area unless approved by the Commander, JBM-HH/Fort McNair or
his/her designated representatives.
Procedural Requirements
a. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This proposed rule has
not been designated a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, this proposed rule has not been
reviewed by the Office of Management and Budget (OMB), and pursuant to
OMB guidance it is exempt from the requirements of Executive Order
13771. The Corps has determined that this proposed rule is not a
significant regulatory action. This determination is based on the size,
duration, and location of the restricted area. The restricted area
occupies only a portion of the waterway. Outside of National Special
Security Events, a vessel that needs to transit the restricted area may
do so, but must not anchor, moor or loiter in, the restricted area.
During National Special Security Events, the vessel may transit the
restricted area if the operator of the vessel obtains permission from
the Commanding Officer, JBM-HH or his/her designated representative.
Fishermen may be authorized controlled access to the restricted area
after registering with JBM-HH/Fort McNair officials and following
specific access notification procedures.
b. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Corps certifies under 5 U.S.C. 605(b) that this proposed rule
would not have a significant economic impact on a substantial number of
small entities. While some owners or operators of vessels that intend
to transit the proposed restricted area may be small entities, this
proposed rule would not have a significant economic impact on any
vessel owner or operator. In
[[Page 64436]]
addition, the restricted area is necessary to address the current
security needs at Fort McNair and JBM-HH Washington, DC. Vessels can
utilize navigable waters outside of the restricted area. Also, vessels
or other craft can transit, but not anchor, moor or loiter in, the
restricted area unless approved by the Commander, JBM-HH/Fort McNair or
his/her designated representatives transit the restricted area as long
as they obtain permission from the Commanding Officer, JBM-HH or his/
her designated representative. Unless information is obtained to the
contrary during the comment period, the Corps expects the proposed
restricted area would have no economic impact on the public, nor create
any navigational hazards or interference with existing waterway
traffic. After considering the economic impacts of this restricted area
regulation on small entities, I certify that this action will not have
a significant impact on a substantial number of small entities.
c. Review Under the National Environmental Policy Act
Due to the administrative nature of this action, the Corps expects
that this proposed regulation, if adopted, will not have a significant
impact to the quality of the human environment and, therefore,
preparation of an environmental impact statement will not be required.
An environmental assessment will be prepared after the public notice
period is closed and all comments have been received and considered.
d. Unfunded Mandates Act
This proposed rule does not impose an enforceable duty among the
private sector and, therefore, it is not a Federal private sector
mandate and it is not subject to the requirements of either Section 202
or Section 205 of the Unfunded Mandates Act. We have also found under
Section 203 of the Act, that small governments will not be
significantly and uniquely affected by this rulemaking.
e. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The Corps will submit a report containing the final rule
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This proposed rule is not a ``major rule'' as
defined by 5 U.S.C. 804(2).
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety, Navigation (water), Restricted Areas,
Waterways.
For the reasons set out in the preamble, the Corps proposes to
amend 33 CFR part 334 as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
0
1. The authority citation for 33 CFR part 334 continues to read as
follows:
Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33
U.S.C. 3).
0
2. Add Sec. 334.225 to read as follows:
Sec. 334.225 Washington Channel, Fort Lesley J. McNair, Washington,
DC; Restricted Area.
(a) The area. The restricted area shall encompass all navigable
waters of the United States, as defined at 33 CFR part 329, within the
area bounded by a line connecting the following coordinates: Commencing
from the shoreline at latitude 38[deg]52'18.776'' N, longitude -
077[deg]1'9.436'' W; thence to latitude 38[deg]52'17.696'' N, longitude
-077[deg]1'13.345'' W; thence to latitude 38[deg]52'12.798'' N,
longitude -077[deg]1'12.114'' W; thence to latitude 38[deg]52'17.559''
N, longitude -077[deg]1'9.706'' W; thence to latitude
38[deg]51'43.667'' N, longitude -077[deg]1'9.771'' W; thence to
latitude 38[deg]51'41.135'' N, longitude 077[deg]1'9.45'' W; thence to
latitude 38[deg]51'38.723'' N, longitude -077[deg]1'6.921'' W; thence
to latitude 38[deg]51'38.257'' N, longitude -077[deg]1'3.101'' W;
thence to latitude 38[deg]51'40.069'' N, longitude -077[deg]0'57.895''
W; thence to latitude 38[deg]51'41.708'' N, longitude -
077[deg]0'54.969'' W; thence to latitude 38[deg]51'41.918'' N,
longitude -077[deg]0'53.911'' W; thence to latitude 38[deg]51'43.571''
N, longitude -077[deg]0'55.143'' W. The datum for these coordinates is
NAD-83.
(b) The regulations: (1) All persons, vessels, or other craft are
prohibited from anchoring, mooring or loitering within the restricted
area without the permission of the Commander, Joint Base Myer Henderson
Hall (JBM-HH)/Fort McNair or his/her designated representatives. The
restriction will be in place 24 hours a day, 7 days a week. During
National Special Security Events (NSSEs) and other periods of increased
security, all persons, vessels, or other craft are prohibited from
anchoring, mooring, loitering, or transiting the restricted area. At
other times, all persons, vessels, or other craft can transit, but must
not anchor, moor or loiter in, the restricted area unless approved by
the Commander, JBM-HH/Fort McNair or his/her designated
representatives.
(2) The boundary of the restricted area will be demarcated with
marker buoys and warning signs located at all or some of the
coordinates at approximately 75-150 meters from the shoreline of Fort
McNair listed in paragraph (a) of this section.
(3) Closure notification. During temporary closures for known
events, boaters will be notified of closure of the restricted area to
transit by Local Notices to Mariners (LNMs). For unforeseen events
requiring closure, Broadcast Notices to Mariners (BNMs), Safety Marine
Information Broadcasts (SMIBs), or direction from shore, or any
combination of these, will be used to alert boaters.
(c) Enforcement. The restricted area will be jointly enforced by
the Commander, Joint Base Myer Henderson Hall (JBM-HH)/Fort McNair or
any such agencies he/she designates and the Metropolitan Harbor Patrol.
The U.S. Coast Guard also has enforcement authority under Title 14,
United States Code, Section 522. During NSSEs and other periods of
increased security, all persons, vessels, or other craft are prohibited
from anchoring, mooring, loitering, or transiting the restricted area.
At other times, all persons, vessels, or other craft can transit but
must not anchor, moor or loiter in the restricted area unless approved
by the Commander, JBM-HH/Fort McNair. The areas identified in paragraph
(a) of this section will be monitored 24 hours a day, 7 days a week. If
any person or vessel encroaching within the areas identified in
paragraph (a) of this section is directed to immediately leave the
restricted area and fails to do so, such failure to comply could result
in forceful removal and/or criminal charges.
(d) Exceptions. Fishermen may be authorized controlled access to
the restricted area after registering with JBM-HH/Fort McNair officials
and following specific access notification procedures.
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2020-21677 Filed 10-9-20; 8:45 am]
BILLING CODE 3720-58-P
