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process or requirement in the DoD ELAP (5) Data and records management. FOR FURTHER INFORMATION CONTACT: If or the DoD QSM that has not been Through NAVSEASYSCOM, the DoD you have questions on this rule, call or satisfied or is believed to need EDQW will maintain copies of all email Mr. Ronald L. Houck, at Sector changing) and supporting complaint documentation in accordance Maryland-National Capital Region documentation, including descriptions with Secretary of the Navy Manual M– Waterways Management Division, U.S. of attempts to resolve the complaint by 5210.1. Coast Guard; telephone 410–576–2674, the laboratory or the AB. Dated: November 14, 2016. email [email protected]. (ii) Upon receipt of the complaint, the SUPPLEMENTARY INFORMATION: DoD EDQW chair will assign a unique Aaron Siegel, identifier to the complaint, send a Alternate OSD Federal Register Liaison I. Table of Abbreviations Officer, Department of Defense. notice of acknowledgement to the CFR Code of Federal Regulations [FR Doc. 2016–27645 Filed 11–16–16; 8:45 am] complainant, and forward a copy of the COTP Captain of the Port complaint to the EDQW component BILLING CODE 5001–06–P DHS Department of Homeland Security principals. FR Federal Register (iii) In consultation with the EDQW NPRM Notice of proposed rulemaking component principals, the DoD EDQW DEPARTMENT OF HOMELAND § Section U.S.C. United States Code chair will make a preliminary SECURITY determination of the validity of the II. Background Information and complaint. Following preliminary Coast Guard Regulatory History review, the actions available to the DoD EDQW chair include: 33 CFR Part 165 On September 2, 2016, the Coast (A) If the DoD EDQW chair Guard published a notice of proposed determines the complaint should be [Docket Number USCG–2016–0675] rulemaking (NPRM) titled ‘‘Security handled directly between the Zone; Potomac River and Anacostia complainant and the subject of the RIN 1625–AA87 River, and adjacent waters; Washington, complaint, the DoD EDQW will refer the DC’’ in the Federal Register (81 FR complaint to the laboratory, or AB, as Security Zone; Potomac River and 60663). There we stated why we issued appropriate. The DoD EDQW will notify Anacostia River, and Adjacent Waters; the NPRM, and invited comments on the complainant of the referral, but will Washington, DC our proposed regulatory action related to this security zone. During the take no further action with respect to AGENCY: Coast Guard, DHS. comment period that ended November investigation of the complaint. The ACTION: Final rule. subject of the complaint will be 1, 2016, we received no comments. expected to respond to the complainant SUMMARY: The Coast Guard is III. Legal Authority and Need for Rule in accordance with their established establishing a series of security zones in The Coast Guard is issuing this rule procedures and timelines. A copy of the the National Capital Region (NCR) on under authority in 33 U.S.C. 1231. The response will be provided to the DoD specified waters of the Potomac River COTP determined that it is necessary to EDQW. and Anacostia River, and adjacent establish a series of security zones (B) If insufficient information has waters during increased security events. within the NCR. The purpose of these been provided to determine whether the This action is necessary to prevent security zones is to ensure the safety of complaint has merit, the DoD EDQW terrorist acts and incidents immediately vessels and the relevant navigable will return the complaint to the before, during, and after events held waters before, during, and after the complainant with a request for within the NCR, whenever such an event. additional supporting documentation. event exists, as determined by the (C) If the complaint appears to have Captain of the Port Maryland-National IV. Discussion of Comments, Changes, merit and the parties to the complaint Capital Region. This rule prohibits and the Rule have been unable to resolve it, the DoD vessels and persons from entering the As noted above, we received no EDQW will investigate the complaint security zone and requires vessels and and recommend actions for its comments on our NPRM published on persons in the security zone to depart September 2, 2016. There are no resolution. the security zone, unless specifically (D) If available information does not changes in the regulatory text of this exempt under the provisions in this rule rule from the proposed rule in the support the complaint, the DoD EDQW or granted specific permission from the may reject the complaint. NPRM. Coast Guard Captain of the Port This rule establishes a series of (E) If the complaint alleges Maryland-National Capital Region. The inappropriate laboratory practices or security zones on specified waters of the regulations will enhance the safety and Potomac River, Anacostia River and other misconduct, the DoD EDQW chair security of persons and property within will consult legal counsel to determine adjacent waters. The security zones the Nation’s Capital, while minimizing, cover specified navigable waters within the recommended course of action. to the extent possible, the impact on (iv) In all cases, the DoD EDQW will the NCR whenever an event that commerce and legitimate waterway use. notify the complainant and any other requires increased security is taking entity involved in the complaint and DATES: This rule is effective December place. The duration of the zone is explain the response of the EDQW to the 19, 2016. intended to ensure the safety of vessels complaint. ADDRESSES: To view documents and these navigable waters before, (4) Continual improvement. The DoD mentioned in this preamble as being during, and after the event. No vessel or EDQW will look into root causes and available in the docket, go to http:// person would be permitted to enter the trends in complaints to help identify www.regulations.gov, type USCG–2016– security zone without obtaining actions that should be taken by the DoD 0675 in the ‘‘SEARCH’’ box and click permission from the COTP or a EDQW, or any parties involved with ‘‘SEARCH.’’ Click on Open Docket designated representative. The COTP DoD ELAP, to prevent recurrence of Folder on the line associated with this Maryland-National Capital Region will problems that led to the complaints. rule. notify the maritime community, via

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Broadcast Notice to Mariners (BNM), of State funerals for former Presidents of V. Regulatory Analyses the location and duration of the security the U.S. We developed this rule after zone as the increased security event The above zones may also be enforced considering numerous statutes and dictates. The security zone established for unplanned events requiring Executive orders related to rulemaking. for a specific increased security event increased security, including but not Below we summarize our analyses will consist of one or more of the limited to presidential nominating based on a number of these statutes and security zones categorized below. conventions; international summits and Executive orders, and we discuss First Security zone one includes all conferences; and meetings of Amendment rights of protestors. navigable waters of the Potomac River, international organizations. from shoreline to shoreline, bounded to Security zone four includes all A. Regulatory Planning and Review the north by the Francis Scott Key navigable waters of the Georgetown Executive Orders 12866 and 13563 (US–29) Bridge, at mile 113, and Channel of the Potomac River, 75 yards direct agencies to assess the costs and bounded to the south by a line drawn from the eastern shore measured benefits of available regulatory from the Virginia shoreline at Ronald perpendicularly to the shore, between alternatives and, if regulation is Reagan Washington National Airport, at the Long Railroad Bridge (the most necessary, to select regulatory 38°51′21.3″ N., 077°02′00.0″ W., eastern bridge of the 5-span, Fourteenth approaches that maximize net benefits. eastward across the Potomac River to Street Bridge Complex) to the Theodore Executive Order 13563 emphasizes the the District of Columbia shoreline at Roosevelt Memorial Bridge and all importance of quantifying both costs Hains Point at position 38°51′24.3″ N., waters in between, totally including the and benefits, of reducing costs, of 077°01′19.8″ W., including the waters of waters of the Georgetown Channel Tidal harmonizing rules, and of promoting the Boundary Channel, Pentagon Basin. This zone is enforced annually flexibility. This rule has not been Lagoon, Georgetown Channel Tidal from 12:01 a.m. to 11:59 p.m. local time designated a ‘‘significant regulatory Basin, and Roaches Run. Events that on July 4. action,’’ under Executive Order 12866. typically require enforcement of the Security zone five includes all Accordingly, it has not been reviewed zone include activities associated with navigable waters in the Potomac River, by the Office of Management and the U.S. Presidential Inauguration and including the Boundary Channel and Budget. State funerals for former Presidents of Pentagon Lagoon, bounded on the west This regulatory action determination the U.S. by a line running north to south from is based on the size, location, duration Security zone two includes all points along the shoreline at 38°52′50″ and time of year of the security zones. navigable waters of the Anacostia River, N./077°03′25″ W., thence to 38°52′49″ The Coast Guard determined that this from shoreline to shoreline, bounded to N./077°03′25″ W.; and bounded on the rulemaking would not be a significant the north by the John Philip Sousa east by a line running from points at regulatory action for the following (Pennsylvania Avenue) Bridge, at mile 38°53′10″ N./077°03′30″ W., thence reasons: Security zones one, two and 2.9, and bounded to the south by a line northeast to 38°53′12″ N./077°03′26″ W., three are expected to be enforced for drawn from the District of Columbia thence southeast to 38°52′31″ N./ only a week or two at a time and on shoreline at Hains Point at position 077°02′34″ W., and thence southwest to only a few occasions per year. 38°51′24.3″ N., 077°01′19.8″ W., 38°52′28″ N./077°02′38″ W. This zone Additionally, the Coast Guard designed southward across the Anacostia River to will be enforced on three days each the areas for security zones one, two and the District of Columbia shoreline at year: Memorial Day (observed), three to cover only a portion of the Giesboro Point at position 38°50′52.4″ September 11, and November 11. navigable waterways while still N., 077°01′10.9″ W., including the Specifically, the zone will be enforced sustaining the flow of commerce, and waters of the Washington Channel. from 10 a.m. until 1 p.m. on Memorial mariners may request permission from Events that typically require Day (observed); from 8 a.m. until 11:59 the COTP Maryland-National Capital enforcement of the zone include a.m. on September 11; and from 10 a.m. Region or the designated representative activities associated with the U.S. until 1 p.m. on November 11. to transit the zone. Security zones four Presidential Inauguration and State Security zone six includes all and five are expected to be enforced for funerals for former Presidents of the navigable waters of the Potomac River, only less than 24 hours at a time and on U.S. from shoreline to shoreline, bounded on only a few occasions per year. Security zone three includes all the north by the Francis Scott Key (U.S. Additionally, the Coast Guard designed navigable waters of the Potomac River, Route 29) Bridge at mile 113.0, the areas for security zones four and five from shoreline to shoreline, bounded to downstream to and bounded on the to cover only a small portion of the the north by a line drawn from the south by the Woodrow Wilson navigable waterways, waterway users Virginia shoreline at Ronald Reagan Memorial (I–95/I–495) Bridge, at mile may transit the Potomac River around Washington National Airport, at 103.8, including the waters of the the areas, and mariners may request 38°51′21.3″ N., 077°02′00.0″ W., Boundary Channel, Pentagon Lagoon, permission from the COTP Maryland- eastward across the Potomac River to Georgetown Channel Tidal Basin, and National Capital Region or the the District of Columbia shoreline at Roaches Run; and all waters of the designated representative to transit the Hains Point at position 38°51′24.3″ N., Anacostia River, from shoreline to zone. Security zone six is expected to be 077°01′19.8″ W., thence southward shoreline, bounded on the north by the enforced for only less than 24 hours at across the Anacostia River to the District John Philip Sousa (Pennsylvania a time and on only on one occasion per of Columbia shoreline at Giesboro Point Avenue) Bridge, at mile 2.9, year when vessel traffic is normally low. at position 38°50′52.4″ N., 077°01′10.9″ downstream to and bounded on the Additionally, the Coast Guard designed W., and bounded to the south by the south by its confluence with the the area for security zone six to cover Woodrow Wilson Memorial (I–95/I–495) Potomac River. This zone will be only a portion of the navigable Bridge, at mile 103.8. Events that enforced annually for the State of the waterways while still sustaining the typically require enforcement of the Union Address, starting at 9 a.m. on the flow of commerce, and mariners may zone include activities associated with day of the State of the Union Address request permission from the COTP the U.S. Presidential Inauguration and through 2 a.m. the following day. Maryland-National Capital Region or the

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designated representative to transit the D. Federalism and Indian Tribal checklist supporting this determination zone. Moreover, the Coast Guard would Governments and a Categorical Exclusion issue a Broadcast Notice to Mariners via A rule has implications for federalism Determination are available in the VHF–FM marine channel 16 about the under Executive Order 13132, docket where indicated under zone, and the rule would allow vessels Federalism, if it has a substantial direct ADDRESSES. We seek any comments or to seek permission to enter the zone. effect on the States, on the relationship information that may lead to the B. Impact on Small Entities between the national government and discovery of a significant environmental impact from this rule. The Regulatory Flexibility Act of the States, or on the distribution of 1980, 5 U.S.C. 601–612, as amended, power and responsibilities among the G. Protest Activities various levels of government. We have requires Federal agencies to consider The Coast Guard respects the First analyzed this rule under that Order and the potential impact of regulations on Amendment rights of protesters. have determined that it is consistent small entities during rulemaking. The Protesters are asked to contact the with the fundamental federalism term ‘‘small entities’’ comprises small person listed in the FOR FURTHER principles and preemption requirements businesses, not-for-profit organizations INFORMATION CONTACT section to described in Executive Order 13132. that are independently owned and coordinate protest activities so that your Also, this rule does not have tribal operated and are not dominant in their message can be received without implications under Executive Order fields, and governmental jurisdictions jeopardizing the safety or security of 13175, Consultation and Coordination with populations of less than 50,000. people, places or vessels. The Coast Guard received no comments with Indian Tribal Governments, from the Small Business Administration because it does not have a substantial List of Subjects in 33 CFR Part 165 on this rulemaking. The Coast Guard direct effect on one or more Indian Harbors, Marine safety, Navigation certifies under 5 U.S.C. 605(b) that this tribes, on the relationship between the (water), Reporting and recordkeeping rule will not have a significant Federal Government and Indian tribes, requirements, Security measures, economic impact on a substantial or on the distribution of power and Waterways. responsibilities between the Federal number of small entities. For the reasons discussed in the Government and Indian tribes. If you While some owners or operators of preamble, the Coast Guard amends 33 believe this rule has implications for vessels intending to transit the safety CFR part 165 as follows: zone may be small entities, for the federalism or Indian tribes, please reasons stated in section V.A above, this contact the person listed in the FOR PART 165—REGULATED NAVIGATION rule will not have a significant FURTHER INFORMATION CONTACT section. AREAS AND LIMITED ACCESS AREAS economic impact on any vessel owner E. Unfunded Mandates Reform Act or operator. ■ 1. The authority citation for part 165 Under section 213(a) of the Small The Unfunded Mandates Reform Act continues to read as follows: of 1995 (2 U.S.C. 1531–1538) requires Business Regulatory Enforcement Authority: 33 U.S.C. 1231; 50 U.S.C. 191, Fairness Act of 1996 (Pub. L. 104–121), Federal agencies to assess the effects of 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and we want to assist small entities in their discretionary regulatory actions. In 160.5; Department of Homeland Security understanding this rule. If the rule particular, the Act addresses actions Delegation No. 0170.1. would affect your small business, that may result in the expenditure by a ■ 2. Revise § 165.508 to read as follows: organization, or governmental State, local, or tribal government, in the jurisdiction and you have questions aggregate, or by the private sector of § 165.508 Security Zone; Potomac River concerning its provisions or options for $100,000,000 (adjusted for inflation) or and Anacostia River, and adjacent waters; compliance, please contact the person more in any one year. Though this rule Washington, DC. listed in the FOR FURTHER INFORMATION will not result in such an expenditure, (a) Location. Coordinates used in this CONTACT section. we do discuss the effects of this rule paragraph are based on NAD83. The Small businesses may send comments elsewhere in this preamble. following areas are security zones: (1) Zone 1. All navigable waters of the on the actions of Federal employees F. Environment who enforce, or otherwise determine Potomac River, from shoreline to compliance with, Federal regulations to We have analyzed this rule under shoreline, bounded to the north by the the Small Business and Agriculture Department of Homeland Security Francis Scott Key (US–29) Bridge, at Regulatory Enforcement Ombudsman Management Directive 023–01 and mile 113, and bounded to the south by and the Regional Small Business Commandant Instruction M16475.lD, a line drawn from the Virginia shoreline Regulatory Fairness Boards. The which guide the Coast Guard in at Ronald Reagan Washington National Ombudsman evaluates these actions complying with the National Airport, at 38°51′21.3″ N., 077°02′00.0″ annually and rates each agency’s Environmental Policy Act of 1969 (42 W., eastward across the Potomac River responsiveness to small business. If you U.S.C. 4321–4370f), and have to the District of Columbia shoreline at wish to comment on actions by determined that this action is one of a Hains Point at position 38°51′24.3″ N., employees of the Coast Guard, call 1– category of actions that do not 077°01′19.8″ W., including the waters of 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a the Boundary Channel, Pentagon Coast Guard will not retaliate against significant effect on the human Lagoon, Georgetown Channel Tidal small entities that question or complain environment. This rule involves Basin, and Roaches Run; about this rule or any policy or action security zones that would prohibit entry (2) Zone 2. All navigable waters of the of the Coast Guard. on specified waters of the Potomac Anacostia River, from shoreline to River and Anacostia River, and adjacent shoreline, bounded to the north by the C. Collection of Information waters, during increased security John Philip Sousa (Pennsylvania This rule will not call for a new events. It is categorically excluded from Avenue) Bridge, at mile 2.9, and collection of information under the further review under paragraph 34(g) of bounded to the south by a line drawn Paperwork Reduction Act of 1995 (44 Figure 2–1 of the Commandant from the District of Columbia shoreline U.S.C. 3501–3520). Instruction. An environmental analysis at Hains Point at position 38°51′24.3″

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N., 077°01′19.8″ W., southward across authorization from the Captain of the publication in the Federal Register, in the Anacostia River to the District of Port Maryland-National Capital Region accordance with 33 CFR 165.7(a). Such Columbia shoreline at Giesboro Point at or his or her designated representative. means of notification may also include, position 38°50′52.4″ N., 077°01′10.9″ To seek permission to transit the area, but are not limited to Broadcast Notice W., including the waters of the the Captain of the Port Maryland- to Mariners or Local Notice to Mariners. Washington Channel; National Capital Region and his or her (2) Security Zone 4, established in (3) Zone 3. All navigable waters of the designated representatives can be paragraph (a)(4) of this section, will be Potomac River, from shoreline to contacted at telephone number 410– enforced annually, from 12:01 a.m. to shoreline, bounded to the north by a 576–2693 or on Marine Band Radio, 11:59 p.m. on July 4. line drawn from the Virginia shoreline VHF–FM channel 16 (156.8 MHz). The (3) Security Zone 5, established in at Ronald Reagan Washington National Coast Guard vessels enforcing this paragraph (a)(5) of this section, will be Airport, at 38°51′21.3″ N., 077°02′00.0″ section can be contacted on Marine enforced annually on three dates: W., eastward across the Potomac River Band Radio, VHF–FM channel 16 (156.8 Memorial Day (observed), September 11, to the District of Columbia shoreline at MHz). Upon being hailed by a U.S. and November 11. Security Zone 5 will Hains Point at position 38°51′24.3″ N., Coast Guard vessel, or other Federal, be enforced from 10 a.m. until 1 p.m. on 077°01′19.8″ W., thence southward State, or local agency vessel, by siren, Memorial Day (observed); from 8 a.m. across the Anacostia River to the District radio, flashing light, or other means, the until 11:59 a.m. on September 11; and of Columbia shoreline at Giesboro Point operator of a vessel shall proceed as from 10 a.m. until 1 p.m. on November at position 38°50′52.4″ N., 077°01′10.9″ directed. If permission is granted, all 11. W., and bounded to the south by the persons and vessels must comply with (4) Security Zone 6, established in Woodrow Wilson Memorial (I–95/I–495) the instructions of the Captain of the paragraph (a)(6) of this section, will be Bridge, at mile 103.8. Port Maryland-National Capital Region enforced annually on the day the State (4) Zone 4. All navigable waters of the or his designated representative and of the Union Address is delivered. Georgetown Channel of the Potomac proceed at the minimum speed Security Zone 6 will be enforced from River, 75 yards from the eastern shore necessary to maintain a safe course 9 a.m. on the day of the State of the measured perpendicularly to the shore, while within the zone. Union Address until 2 a.m. on the between the Long Railroad Bridge (the (3) The U.S. Coast Guard may be following day. most eastern bridge of the 5-span, assisted in the patrol and enforcement (e) Suspension of enforcement. (1) Fourteenth Street Bridge Complex) to of the security zones listed in paragraph The Captain of the Port Maryland- the Theodore Roosevelt Memorial (a) in this section by Federal, State, and National Capital Region may suspend Bridge; and all waters in between, local agencies. enforcement of the enforcement period totally including the waters of the (c) Definitions. As used in this in paragraphs (d)(1) through(4) in this Georgetown Channel Tidal Basin. section: section earlier than listed in the notice (5) Zone 5. All navigable waters in the Captain of the Port Maryland- of enforcement. Should the Captain of Potomac River, including the Boundary National Capital Region means the the Port Maryland-National Capital Channel and Pentagon Lagoon, bounded Commander, U.S. Coast Guard Sector Region suspend the zone earlier than on the west by a line running north to Maryland-National Capital Region or the duration listed, he or she will make south from points along the shoreline at any Coast Guard commissioned, warrant the public aware of this suspension by ° ′ ″ ° ′ ″ 38 52 50 N., 077 03 25 W., thence to or petty officer who has been authorized Broadcast Notice to Mariners and/or on- ° ′ ″ ° ′ ″ 38 52 49 N., 077 03 25 W.; and by the Captain of the Port to act on his scene notice by his or her designated bounded on the east by a line running or her behalf. representative. from points at 38°53′10″ N., 077°03′30″ Designated representative means any W., thence northeast to 38°53′12″ N., Coast Guard commissioned, warrant, or Dated: November 9, 2016. 077°03′26″ W., thence southeast to petty officer who has been authorized Lonnie P. Harrison, Jr., 38°52′31″ N., 077°02′34″ W., and thence by the Captain of the Port Maryland- Captain, U.S. Coast Guard, Captain of the southwest to 38°52′28″ N., 077°02′38″ National Capital Region to assist in Port Maryland-National Capital Region. W. enforcing the security zones described [FR Doc. 2016–27628 Filed 11–16–16; 8:45 am] (6) Zone 6. All navigable waters in paragraph (a) of this section. BILLING CODE 9110–04–P described in paragraphs (a)(1) through Public vessel means a vessel that is (a)(3) of this section. owned or demise-(bareboat) chartered (b) Regulations. The general security by the government of the United States, DEPARTMENT OF EDUCATION zone regulations found in 33 CFR by a State or local government, or by the 165.33 apply to the security zones government of a foreign country and 34 CFR Parts 612 and 686 created by this section, § 165.508. that is not engaged in commercial [Docket ID ED–2014–OPE–0057] (1) Entry into or remaining in a zone service. listed in paragraph (a) in this section is (d) Enforcement. (1) In addition to the RIN 1840–AD07 prohibited unless authorized by the specified times in paragraphs (d)(2) Coast Guard Captain of the Port through (4) of this section, the security Teacher Preparation Issues Maryland-National Capital Region. zones created by this section will be Correction Public vessels and vessels already at enforced only upon issuance of a notice berth at the time the security zone is of enforcement by the Captain of the In rule document 2016–24856 implemented do not have to depart the Port Maryland-National Capital Region. beginning on page 75494 in the issue of security zone. All vessels underway The Captain of the Port Maryland- Monday, October 31, 2016, make the within the security zone at the time it National Capital Region will cause following correction: is implemented are to depart the zone notice of enforcement of these security On page 75494, in the first column, at the time the security zone is zones to be made by all appropriate the DATES section should read as implemented. means to the affected segments of the follows: (2) Persons desiring to transit the area public of the enforcement dates and DATES: The regulations in 34 CFR part of the security zone must first obtain times of the security zones including 612 are effective November 30, 2016.

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