Washington Channel, Fort McNair, Washington, DC; Restricted Area, 64434-64436 [2020-21677]

Download as PDF 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 VerDate Sep<11>2014 16:17 Oct 09, 2020 Jkt 253001 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 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 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: http:// 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 13OCP1 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 http:// 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. VerDate Sep<11>2014 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, PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 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 E:\FR\FM\13OCP1.SGM 13OCP1 64436 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 VerDate Sep<11>2014 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, PO 00000 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 E:\FR\FM\13OCP1.SGM 13OCP1

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: http://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 http://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