Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Proposed Rules 60663

unfavorable trends are developing that could Comments’’ portion of the and enhance public and maritime safety adversely affect the agency’s or company’s SUPPLEMENTARY INFORMATION section for and security in order to safeguard life, future operations, USD(P&R) may opt to bring further instructions on submitting property, and the environment on such matters to the attention of the agency or comments. specified waters of the Potomac River, company and request a statement as to what Anacostia River and adjacent waters. action, if any, is considered to deal with such FOR FURTHER INFORMATION CONTACT: If unfavorable trends. you have questions about this proposed The security zones would cover rulemaking, call or email Mr. Ronald L. specified navigable waters within the Dated: August 29, 2016. Houck, at Sector Maryland-National NCR. The duration of the zone is Aaron Siegel, Capital Region Waterways Management intended to ensure the safety of vessels Alternate OSD Federal Register Liaison Division, U.S. Coast Guard; telephone and these navigable waters before, Officer, Department of Defense. 410–576–2674, email Ronald.L.Houck@ during, and after the event. No vessel or [FR Doc. 2016–21092 Filed 9–1–16; 8:45 am] uscg.mil. person would be permitted to enter the security zone without obtaining BILLING CODE 5001–06–P SUPPLEMENTARY INFORMATION: permission from the COTP or a I. Table of Abbreviations designated representative. The COTP Maryland-National Capital Region will DEPARTMENT OF HOMELAND CFR Code of Federal Regulations notify the maritime community, via SECURITY COTP Captain of the Port DHS Department of Homeland Security Broadcast Notice to Mariners (BNM), of the location and duration of the security Coast Guard FR Federal Register NPRM Notice of proposed rulemaking zone as the increased security event § Section dictates. The security zone established 33 CFR Part 165 U.S.C. United States Code for a specific increased security event [Docket Number USCG–2016–0675] II. Background, Purpose, and Legal will consist of one or more of the Basis security zones categorized below. RIN 1625–AA87 Security zone one includes all The Coast Guard has given each Coast navigable waters of the Potomac River, Security Zone; Potomac River and Guard COTP the ability to implement from shoreline to shoreline, bounded to Anacostia River, and Adjacent Waters; comprehensive port security regimes the north by the Francis Scott Key (US– Washington, DC designed to safeguard human life, 29) Bridge, at mile 113, and bounded to AGENCY: Coast Guard, DHS. vessels, and waterfront facilities while the south by a line drawn from the still sustaining the flow of commerce. A Virginia shoreline at Ronald Reagan ACTION: Notice of proposed rulemaking. security zone is a tool available to the Washington National Airport, at ° ′ ″ ° ′ ″ SUMMARY: The Coast Guard proposes to Coast Guard that may be used to control 38 51 21.3 N., 077 02 00.0 W., establish a series of security zones in the vessel movements in specified waters, eastward across the Potomac River to National Capital Region (NCR) on which the Coast Guard has determined the District of Columbia shoreline at ° ′ ″ specified waters of the Potomac River need additional security measures Hains Point at position 38 51 24.3 N., ° ′ ″ and Anacostia River, and adjacent during certain situations. The COTP has 077 01 19.8 W., including the waters of waters during increased security events. made a determination that it is the Boundary Channel, Pentagon This action is necessary to prevent necessary to establish a series of Lagoon, Georgetown Channel Tidal terrorist acts and incidents immediately security zones within the NCR. The Basin, and Roaches Run. Events that before, during, and after events held purpose of this rulemaking is to typically require enforcement of the within the NCR, whenever such an enhance public and maritime safety and zone include activities associated with event exists, as determined by the security in order to safeguard life, the U.S. Presidential Inauguration and Captain of the Port Maryland-National property, and the environment on State funerals for former Presidents of Capital Region. This rule prohibits specified navigable waters of the the U.S. vessels and persons from entering the Potomac River and Anacostia River and Security zone two includes all security zone and requires vessels and adjacent waters during increased navigable waters of the Anacostia River, persons in the security zone to depart security events taking place in close from shoreline to shoreline, bounded to the security zone, unless specifically proximity to navigable waterways the north by the John Philip Sousa exempt under the provisions in this rule within the COTP’s Area of (Pennsylvania Avenue) Bridge, at mile or granted specific permission from the Responsibility. 2.9, and bounded to the south by a line drawn from the District of Columbia Coast Guard Captain of the Port The legal basis for the rule is the shoreline at Hains Point at position Maryland-National Capital Region. The Coast Guard’s authority to establish 38°51′24.3″ N., 077°01′19.8″ W., proposed regulations will enhance the regulated navigation areas and other southward across the Anacostia River to safety and security of persons and limited access areas: 33 U.S.C. 1231. the District of Columbia shoreline at property within the Nation’s Capital, III. Discussion of Proposed Rule Giesboro Point at position 38°50′52.4″ while minimizing, to the extent Whenever an event that requires N., 077°01′10.9″ W., including the possible, the impact on commerce and increased security is taking place the waters of the Washington Channel. legitimate waterway use. proposed security zones will help Events that typically require DATES: Comments and related material ensure the safety and security of persons enforcement of the zone include must be received by the Coast Guard on and property on or near the navigable activities associated with the U.S. or before November 1, 2016. waters of the United States. Presidential Inauguration and State ADDRESSES: You may submit comments Accordingly, the COTP Maryland- funerals for former Presidents of the identified by docket number USCG– National Capital Region proposes to U.S. 2016–0675 using the Federal establish a series of security zones to Security zone three includes all eRulemaking Portal at http:// protect high-ranking United States navigable waters of the Potomac River, www.regulations.gov. See the ‘‘Public officials, foreign dignitaries, and the from shoreline to shoreline, bounded to Participation and Request for public; mitigate potential terrorist acts; the north by a line drawn from the

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Virginia shoreline at Ronald Reagan downstream to and bounded on the to cover only a small portion of the Washington National Airport, at south by the Woodrow Wilson navigable waterways, waterway users 38°51′21.3″ N., 077°02′00.0″ W., Memorial (I–95/I–495) Bridge, at mile may transit the Potomac River around eastward across the Potomac River to 103.8, including the waters of the the areas, and mariners may request the District of Columbia shoreline at Boundary Channel, Pentagon Lagoon, permission from the COTP Maryland- Hains Point at position 38°51′24.3″ N., Georgetown Channel Tidal Basin, and National Capital Region or the 077°01′19.8″ W., thence southward Roaches Run; and all waters of the designated representative to transit the across the Anacostia River to the District Anacostia River, from shoreline to zone. Security zone six is expected to be of Columbia shoreline at Giesboro Point shoreline, bounded on the north by the enforced for only less than 24 hours at at position 38°50′52.4″ N., 077°01′10.9″ John Philip Sousa (Pennsylvania a time and on only on one occasion per W., and bounded to the south by the Avenue) Bridge, at mile 2.9, year when vessel traffic is normally low. Woodrow Wilson Memorial (I–95/I–495) downstream to and bounded on the Additionally, the Coast Guard designed Bridge, at mile 103.8. Events that south by its confluence with the the area for security zone six to cover typically require enforcement of the Potomac River. This zone will be only a portion of the navigable zone include activities associated with enforced annually for the State of the waterways while still sustaining the the U.S. Presidential Inauguration and Union Address, starting at 9 a.m. on the flow of commerce, and mariners may State funerals for former Presidents of day of the State of the Union Address request permission from the COTP the U.S. through 2 a.m. the following day. Maryland-National Capital Region or the The above zones may also be enforced designated representative to transit the IV. Regulatory Analyses for unplanned events requiring zone. Moreover, the Coast Guard would increased security, including but not We developed this proposed rule after issue a Broadcast Notice to Mariners via limited to, presidential nominating considering numerous statutes and VHF–FM marine channel 16 about the conventions; international summits and Executive orders related to rulemaking. zone, and the rule would allow vessels conferences; and meetings of Below we summarize our analyses to seek permission to enter the zone. international organizations. based on a number of these statutes and Security zone four, currently Executive orders and we discuss First B. Impact on Small Entities described at 33 CFR 165.508, includes Amendment rights of protestors. The Regulatory Flexibility Act of all navigable waters of the Georgetown 1980, 5 U.S.C. 601–612, as amended, A. Regulatory Planning and Review Channel of the Potomac River, 75 yards requires Federal agencies to consider from the eastern shore measured Executive Orders 12866 and 13563 the potential impact of regulations on perpendicularly to the shore, between direct agencies to assess the costs and small entities during rulemaking. The the Long Railroad Bridge (the most benefits of available regulatory term ‘‘small entities’’ comprises small eastern bridge of the 5-span, Fourteenth alternatives and, if regulation is businesses, not-for-profit organizations Street Bridge Complex) to the Theodore necessary, to select regulatory that are independently owned and Roosevelt Memorial Bridge and all approaches that maximize net benefits. operated and are not dominant in their waters in between, totally including the Executive Order 13563 emphasizes the fields, and governmental jurisdictions waters of the Georgetown Channel Tidal importance of quantifying both costs with populations of less than 50,000. Basin. This zone is enforced annually and benefits, of reducing costs, of The Coast Guard certifies under 5 U.S.C. from 12:01 a.m. to 11:59 p.m. local time harmonizing rules, and of promoting 605(b) that this proposed rule would not on July 4. There are no proposed flexibility. This NPRM has not been have a significant economic impact on changes to this zone; it is retained and designated a ‘‘significant regulatory a substantial number of small entities. included in this rulemaking. action,’’ under Executive Order 12866. While some owners or operators of Security zone five includes all Accordingly, the NPRM has not been vessels intending to transit the safety navigable waters in the Potomac River, reviewed by the Office of Management zone may be small entities, for the including the Boundary Channel and and Budget. reasons stated in section IV.A above this Pentagon Lagoon, bounded on the west This regulatory action determination proposed rule would not have a by a line running north to south from is based on the size, location, duration significant economic impact on any points along the shoreline at 38°52′50″ and time of year of the security zones. vessel owner or operator. N./077°03′25″ W., thence to 38°52′49″ The Coast Guard determined that this If you think that your business, N./077°03′25″ W.; and bounded on the rulemaking would not be a significant organization, or governmental east by a line running from points at regulatory action for the following jurisdiction qualifies as a small entity 38°53′10″ N./077°03′30″ W., thence reasons: Security zones one, two and and that this rule would have a northeast to 38°53′12″ N./077°03′26″ W., three are expected to be enforced for significant economic impact on it, thence southeast to 38°52′31″ N./ only a week or two at a time and on please submit a comment (see 077°02′34″ W., and thence southwest to only a few occasions per year. ADDRESSES) explaining why you think it 38°52′28″ N./077°02′38″ W. This zone Additionally, the Coast Guard designed qualifies and how and to what degree will be enforced on three days each the areas for security zones one, two and this rule would economically affect it. year: Memorial Day (observed), three to cover only a portion of the Under section 213(a) of the Small September 11, and November 11. navigable waterways while still Business Regulatory Enforcement Specifically, the zone will be enforced sustaining the flow of commerce, and Fairness Act of 1996 (Pub. L. 104–121), from 10 a.m. until 1 p.m. on Memorial mariners may request permission from we want to assist small entities in Day (observed); from 8 a.m. until 11:59 the COTP Maryland-National Capital understanding this proposed rule. If the a.m. on September 11; and from 10 a.m. Region or the designated representative rule would affect your small business, until 1 p.m. on November 11. to transit the zone. Security zones four organization, or governmental Security zone six includes all and five are expected to be enforced for jurisdiction and you have questions navigable waters of the Potomac River, only less than 24 hours at a time and on concerning its provisions or options for from shoreline to shoreline, bounded on only a few occasions per year. compliance, please contact the person the north by the Francis Scott Key (U.S. Additionally, the Coast Guard designed listed in the FOR FURTHER INFORMATION Route 29) Bridge at mile 113.0, the areas for security zones four and five CONTACT section. The Coast Guard will

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not retaliate against small entities that preliminary determination that this Documents mentioned in this NPRM question or complain about this action is one of a category of actions that as being available in the docket, and all proposed rule or any policy or action of do not individually or cumulatively public comments, will be in our online the Coast Guard. have a significant effect on the human docket at http://www.regulations.gov environment. This proposed rule and can be viewed by following that C. Collection of Information involves security zones that would Web site’s instructions. Additionally, if This proposed rule would not call for prohibit entry on specified waters of the you go to the online docket and sign up a new collection of information under Potomac River and Anacostia River, and for email alerts, you will be notified the Paperwork Reduction Act of 1995 adjacent waters, during increased when comments are posted or a final (44 U.S.C. 3501–3520). security events. Normally such actions rule is published. are categorically excluded from further D. Federalism and Indian Tribal List of Subjects in 33 CFR Part 165 Governments review under paragraph 34(g) of Figure 2–1 of Commandant Instruction Harbors, Marine safety, Navigation A rule has implications for federalism M16475.lD. A preliminary (water), Reporting and recordkeeping under Executive Order 13132, environmental analysis checklist and requirements, Security measures, Federalism, if it has a substantial direct Categorical Exclusion Determination are Waterways. effect on the States, on the relationship available in the docket where indicated For the reasons discussed in the between the national government and under ADDRESSES. We seek any preamble, the Coast Guard proposes to the States, or on the distribution of comments or information that may lead amend 33 CFR part 165 as follows: power and responsibilities among the to the discovery of a significant various levels of government. We have environmental impact from this PART 165—REGULATED NAVIGATION analyzed this proposed rule under that proposed rule. AREAS AND LIMITED ACCESS AREAS Order and have determined that it is consistent with the fundamental G. Protest Activities ■ 1. The authority citation for part 165 continues to read as follows: federalism principles and preemption The Coast Guard respects the First requirements described in Executive Amendment rights of protesters. Authority: 33 U.S.C. 1231; 50 U.S.C. 191, Order 13132. Protesters are asked to contact the 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and Also, this proposed rule does not have 160.5; Department of Homeland Security person listed in the FOR FURTHER tribal implications under Executive Delegation No. 0170.1. INFORMATION CONTACT section to Order 13175, Consultation and coordinate protest activities so that your ■ 2. Revise § 165.508 to read as follows: Coordination with Indian Tribal message can be received without Governments, because it would not have § 165.508 Security Zone; Potomac River jeopardizing the safety or security of and Anacostia River, and adjacent waters; a substantial direct effect on one or people, places, or vessels. more Indian tribes, on the relationship Washington, DC. between the Federal Government and V. Public Participation and Request for (a) Location. Coordinates used in this Indian tribes, or on the distribution of Comments paragraph are based on NAD83. The following areas are security zones: power and responsibilities between the We view public participation as Federal Government and Indian tribes. (1) Zone 1. All navigable waters of the essential to effective rulemaking, and Potomac River, from shoreline to If you believe this proposed rule has will consider all comments and material implications for federalism or Indian shoreline, bounded to the north by the received during the comment period. Francis Scott Key (US–29) Bridge, at tribes, please contact the person listed Your comment can help shape the FOR FURTHER INFORMATION mile 113, and bounded to the south by in the outcome of this rulemaking. If you CONTACT section. a line drawn from the Virginia shoreline submit a comment, please include the at Ronald Reagan Washington National E. Unfunded Mandates Reform Act docket number for this rulemaking, Airport, at 38°51′21.3″ N., 077°02′00.0″ The Unfunded Mandates Reform Act indicate the specific section of this W., eastward across the Potomac River of 1995 (2 U.S.C. 1531–1538) requires document to which each comment to the District of Columbia shoreline at Federal agencies to assess the effects of applies, and provide a reason for each Hains Point at position 38°51′24.3″ N., their discretionary regulatory actions. In suggestion or recommendation. 077°01′19.8″ W., including the waters of particular, the Act addresses actions We encourage you to submit the Boundary Channel, Pentagon that may result in the expenditure by a comments through the Federal Lagoon, Georgetown Channel Tidal State, local, or tribal government, in the eRulemaking Portal at http:// Basin, and Roaches Run; aggregate, or by the private sector of www.regulations.gov. If your material (2) Zone 2. All navigable waters of the $100,000,000 (adjusted for inflation) or cannot be submitted using http:// Anacostia River, from shoreline to more in any one year. Though this www.regulations.gov, contact the person shoreline, bounded to the north by the proposed rule would not result in such in the FOR FURTHER INFORMATION John Philip Sousa (Pennsylvania an expenditure, we do discuss the CONTACT section of this document for Avenue) Bridge, at mile 2.9, and effects of this rule elsewhere in this alternate instructions. bounded to the south by a line drawn preamble. We accept anonymous comments. All from the District of Columbia shoreline comments received will be posted at Hains Point at position 38°51′24.3″ F. Environment without change to http:// N., 077°01′19.8″ W., southward across We have analyzed this proposed rule www.regulations.gov and will include the Anacostia River to the District of under Department of Homeland any personal information you have Columbia shoreline at Giesboro Point at Security Management Directive 023–01 provided. For more about privacy and position 38°50′52.4″ N., 077°01′10.9″ and Commandant Instruction the docket, you may review a Privacy W., including the waters of the M16475.lD, which guide the Coast Act notice regarding the Federal Docket Washington Channel; Guard in complying with the National Management System in the March 24, (3) Zone 3. All navigable waters of the Environmental Policy Act of 1969 (42 2005, issue of the Federal Register (70 Potomac River, from shoreline to U.S.C. 4321–4370f), and have made a FR 15086). shoreline, bounded to the north by a

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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. The Fourteenth Street Bridge Complex) to of the security zones listed in paragraph Captain of the Port Maryland-National the Theodore Roosevelt Memorial (a) in this section by Federal, State, and 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)–(4) in this section Georgetown Channel Tidal Basin. section: earlier than listed in the notice of (5) Zone 5. All navigable waters in the Captain of the Port Maryland- enforcement. Should the Captain of the Potomac River, including the Boundary National Capital Region means the Port Maryland-National Capital Region Channel and Pentagon Lagoon, bounded Commander, U.S. Coast Guard Sector suspend the zone earlier than the on the west by a line running north to Maryland-National Capital Region or duration listed, he or she will make the south from points along the shoreline at any Coast Guard commissioned, warrant 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: August 24, 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. 2016–21175 Filed 9–1–16; 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 COMMERCE 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 National Oceanic and Atmospheric created by this section, § 165.508. that is not engaged in commercial Administration (1) Entry into or remaining in a zone service. listed in paragraph (a) in this section is (d) Enforcement. (1) In addition to the 50 CFR Part 648 prohibited unless authorized by the specified times in paragraphs (d)(2)–(4) Coast Guard Captain of the Port of this section, the security zones RIN 0648–BG21 Maryland-National Capital Region. created by this section will be enforced Magnuson-Stevens Fishery Public vessels and vessels already at only upon issuance of a notice of Conservation and Management Act berth at the time the security zone is enforcement by the Captain of the Port Provisions; Fisheries of the implemented do not have to depart the Maryland-National Capital Region. The Northeastern United States; Atlantic security zone. All vessels underway Captain of the Port Maryland-National Mackerel, Squid, and Butterfish within the security zone at the time it Capital Region will cause notice of Fisheries; Amendment 16 is implemented are to depart the zone enforcement of these security zones to at the time the security zone is be made by all appropriate means to the AGENCY: National Marine Fisheries implemented. affected segments of the public of the Service (NMFS), National Oceanic and (2) Persons desiring to transit the area enforcement dates and times of the Atmospheric Administration (NOAA), of the security zone must first obtain security zones including publication in Commerce. authorization from the Captain of the the Federal Register, in accordance with ACTION: Notice of availability of fishery Port Maryland-National Capital Region 33 CFR 165.7(a). Such means of management plan amendment; request or his or her designated representative. notification may also include, but are for comments. To seek permission to transit the area, not limited to Broadcast Notice to the Captain of the Port Maryland- Mariners or Local Notice to Mariners. SUMMARY: NMFS announces that the National Capital Region and his or her (2) Security Zone 4, established in Mid-Atlantic Fishery Management designated representatives can be paragraph (a)(4) of this section, will be Council has submitted Amendment 16 contacted at telephone number 410– enforced annually, from 12:01 a.m. to to the Atlantic Mackerel, Squid, and 576–2693 or on Marine Band Radio, 11:59 p.m. on July 4. Butterfish Fishery Management Plan,

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