81 FR 60663 - Security Zone; Potomac River and Anacostia River, and Adjacent Waters; Washington, DC
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 171 (September 2, 2016)
Coast Guard
Federal Register Volume 81, Issue 171 (September 2, 2016)
| Page Range | 60663-60666 | |
| FR Document | 2016-21175 |
[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)] [Proposed Rules] [Pages 60663-60666] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21175] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-0675] RIN 1625-AA87 Security Zone; Potomac River and Anacostia River, and Adjacent Waters; Washington, DC AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish a series of security zones in the National Capital Region (NCR) on specified waters of the Potomac River and Anacostia River, and adjacent waters during increased security events. This action is necessary to prevent terrorist acts and incidents immediately before, during, and after events held within the NCR, whenever such an event exists, as determined by the Captain of the Port Maryland-National Capital Region. This rule prohibits vessels and persons from entering the security zone and requires vessels and persons in the security zone to depart the security zone, unless specifically exempt under the provisions in this rule or granted specific permission from the Coast Guard Captain of the Port Maryland- National Capital Region. The proposed regulations will enhance the safety and security of persons and property within the Nation's Capital, while minimizing, to the extent possible, the impact on commerce and legitimate waterway use. DATES: Comments and related material must be received by the Coast Guard on or before November 1, 2016. ADDRESSES: You may submit comments identified by docket number USCG- 2016-0675 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Mr. Ronald L. Houck, at Sector Maryland-National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410-576-2674, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background, Purpose, and Legal Basis The Coast Guard has given each Coast Guard COTP the ability to implement comprehensive port security regimes designed to safeguard human life, vessels, and waterfront facilities while still sustaining the flow of commerce. A security zone is a tool available to the Coast Guard that may be used to control vessel movements in specified waters, which the Coast Guard has determined need additional security measures during certain situations. The COTP has made a determination that it is necessary to establish a series of security zones within the NCR. The purpose of this rulemaking is to enhance public and maritime safety and security in order to safeguard life, property, and the environment on specified navigable waters of the Potomac River and Anacostia River and adjacent waters during increased security events taking place in close proximity to navigable waterways within the COTP's Area of Responsibility. The legal basis for the rule is the Coast Guard's authority to establish regulated navigation areas and other limited access areas: 33 U.S.C. 1231. III. Discussion of Proposed Rule Whenever an event that requires increased security is taking place the proposed security zones will help ensure the safety and security of persons and property on or near the navigable waters of the United States. Accordingly, the COTP Maryland-National Capital Region proposes to establish a series of security zones to protect high-ranking United States officials, foreign dignitaries, and the public; mitigate potential terrorist acts; and enhance public and maritime safety and security in order to safeguard life, property, and the environment on specified waters of the Potomac River, Anacostia River and adjacent waters. The security zones would cover specified navigable waters within the NCR. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the event. No vessel or person would be permitted to enter the security zone without obtaining permission from the COTP or a designated representative. The COTP Maryland-National Capital Region will notify the maritime community, via Broadcast Notice to Mariners (BNM), of the location and duration of the security zone as the increased security event dictates. The security zone established for a specific increased security event will consist of one or more of the security zones categorized below. Security zone one includes all navigable waters of the Potomac River, from shoreline to shoreline, bounded to the north by the Francis Scott Key (US-29) Bridge, at mile 113, and bounded to the south by a line drawn from the Virginia shoreline at Ronald Reagan Washington National Airport, at 38[deg]51'21.3'' N., 077[deg]02'00.0'' W., eastward across the Potomac River to the District of Columbia shoreline at Hains Point at position 38[deg]51'24.3'' N., 077[deg]01'19.8'' W., including the waters of the Boundary Channel, Pentagon Lagoon, Georgetown Channel Tidal Basin, and Roaches Run. Events that typically require enforcement of the zone include activities associated with the U.S. Presidential Inauguration and State funerals for former Presidents of the U.S. Security zone two includes all navigable waters of the Anacostia River, from shoreline to shoreline, bounded to the north by the John Philip Sousa (Pennsylvania Avenue) Bridge, at mile 2.9, and bounded to the south by a line drawn from the District of Columbia shoreline at Hains Point at position 38[deg]51'24.3'' N., 077[deg]01'19.8'' W., southward across the Anacostia River to the District of Columbia shoreline at Giesboro Point at position 38[deg]50'52.4'' N., 077[deg]01'10.9'' W., including the waters of the Washington Channel. Events that typically require enforcement of the zone include activities associated with the U.S. Presidential Inauguration and State funerals for former Presidents of the U.S. Security zone three includes all navigable waters of the Potomac River, from shoreline to shoreline, bounded to the north by a line drawn from the [[Page 60664]] Virginia shoreline at Ronald Reagan Washington National Airport, at 38[deg]51'21.3'' N., 077[deg]02'00.0'' W., eastward across the Potomac River to the District of Columbia shoreline at Hains Point at position 38[deg]51'24.3'' N., 077[deg]01'19.8'' W., thence southward across the Anacostia River to the District of Columbia shoreline at Giesboro Point at position 38[deg]50'52.4'' N., 077[deg]01'10.9'' W., and bounded to the south by the Woodrow Wilson Memorial (I-95/I-495) Bridge, at mile 103.8. Events that typically require enforcement of the zone include activities associated with the U.S. Presidential Inauguration and State funerals for former Presidents of the U.S. The above zones may also be enforced for unplanned events requiring increased security, including but not limited to, presidential nominating conventions; international summits and conferences; and meetings of international organizations. Security zone four, currently described at 33 CFR 165.508, includes all navigable waters of the Georgetown Channel of the Potomac River, 75 yards from the eastern shore measured perpendicularly to the shore, between the Long Railroad Bridge (the most eastern bridge of the 5- span, Fourteenth Street Bridge Complex) to the Theodore Roosevelt Memorial Bridge and all waters in between, totally including the waters of the Georgetown Channel Tidal Basin. This zone is enforced annually from 12:01 a.m. to 11:59 p.m. local time on July 4. There are no proposed changes to this zone; it is retained and included in this rulemaking. Security zone five includes all navigable waters in the Potomac River, including the Boundary Channel and Pentagon Lagoon, bounded on the west by a line running north to south from points along the shoreline at 38[deg]52'50'' N./077[deg]03'25'' W., thence to 38[deg]52'49'' N./077[deg]03'25'' W.; and bounded on the east by a line running from points at 38[deg]53'10'' N./077[deg]03'30'' W., thence northeast to 38[deg]53'12'' N./077[deg]03'26'' W., thence southeast to 38[deg]52'31'' N./077[deg]02'34'' W., and thence southwest to 38[deg]52'28'' N./077[deg]02'38'' W. This zone will be enforced on three days each year: Memorial Day (observed), September 11, and November 11. Specifically, the zone will be enforced from 10 a.m. until 1 p.m. on Memorial Day (observed); from 8 a.m. until 11:59 a.m. on September 11; and from 10 a.m. until 1 p.m. on November 11. Security zone six includes all navigable waters of the Potomac River, from shoreline to shoreline, bounded on the north by the Francis Scott Key (U.S. Route 29) Bridge at mile 113.0, downstream to and bounded on the south by the Woodrow Wilson Memorial (I-95/I-495) Bridge, at mile 103.8, including the waters of the Boundary Channel, Pentagon Lagoon, Georgetown Channel Tidal Basin, and Roaches Run; and all waters of the Anacostia River, from shoreline to shoreline, bounded on the north by the John Philip Sousa (Pennsylvania Avenue) Bridge, at mile 2.9, downstream to and bounded on the south by its confluence with the Potomac River. This zone will be enforced annually for the State of the Union Address, starting at 9 a.m. on the day of the State of the Union Address through 2 a.m. the following day. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This NPRM has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration and time of year of the security zones. The Coast Guard determined that this rulemaking would not be a significant regulatory action for the following reasons: Security zones one, two and three are expected to be enforced for only a week or two at a time and on only a few occasions per year. Additionally, the Coast Guard designed the areas for security zones one, two and three to cover only a portion of the navigable waterways while still sustaining the flow of commerce, and mariners may request permission from the COTP Maryland- National Capital Region or the designated representative to transit the zone. Security zones four and five are expected to be enforced for only less than 24 hours at a time and on only a few occasions per year. Additionally, the Coast Guard designed the areas for security zones four and five to cover only a small portion of the navigable waterways, waterway users may transit the Potomac River around the areas, and mariners may request permission from the COTP Maryland-National Capital Region or the designated representative to transit the zone. Security zone six is expected to be enforced for only less than 24 hours at a time and on only on one occasion per year when vessel traffic is normally low. Additionally, the Coast Guard designed the area for security zone six to cover only a portion of the navigable waterways while still sustaining the flow of commerce, and mariners may request permission from the COTP Maryland-National Capital Region or the designated representative to transit the zone. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone, and the rule would allow vessels to seek permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section IV.A above this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will [[Page 60665]] not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves security zones that would prohibit entry on specified waters of the Potomac River and Anacostia River, and adjacent waters, during increased security events. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist and Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. Revise Sec. 165.508 to read as follows: Sec. 165.508 Security Zone; Potomac River and Anacostia River, and adjacent waters; Washington, DC. (a) Location. Coordinates used in this paragraph are based on NAD83. The following areas are security zones: (1) Zone 1. All navigable waters of the Potomac River, from shoreline to shoreline, bounded to the north by the Francis Scott Key (US-29) Bridge, at mile 113, and bounded to the south by a line drawn from the Virginia shoreline at Ronald Reagan Washington National Airport, at 38[deg]51'21.3'' N., 077[deg]02'00.0'' W., eastward across the Potomac River to the District of Columbia shoreline at Hains Point at position 38[deg]51'24.3'' N., 077[deg]01'19.8'' W., including the waters of the Boundary Channel, Pentagon Lagoon, Georgetown Channel Tidal Basin, and Roaches Run; (2) Zone 2. All navigable waters of the Anacostia River, from shoreline to shoreline, bounded to the north by the John Philip Sousa (Pennsylvania Avenue) Bridge, at mile 2.9, and bounded to the south by a line drawn from the District of Columbia shoreline at Hains Point at position 38[deg]51'24.3'' N., 077[deg]01'19.8'' W., southward across the Anacostia River to the District of Columbia shoreline at Giesboro Point at position 38[deg]50'52.4'' N., 077[deg]01'10.9'' W., including the waters of the Washington Channel; (3) Zone 3. All navigable waters of the Potomac River, from shoreline to shoreline, bounded to the north by a [[Page 60666]] line drawn from the Virginia shoreline at Ronald Reagan Washington National Airport, at 38[deg]51'21.3'' N., 077[deg]02'00.0'' W., eastward across the Potomac River to the District of Columbia shoreline at Hains Point at position 38[deg]51'24.3'' N., 077[deg]01'19.8'' W., thence southward across the Anacostia River to the District of Columbia shoreline at Giesboro Point at position 38[deg]50'52.4'' N., 077[deg]01'10.9'' W., and bounded to the south by the Woodrow Wilson Memorial (I-95/I-495) Bridge, at mile 103.8. (4) Zone 4. All navigable waters of the Georgetown Channel of the Potomac River, 75 yards from the eastern shore measured perpendicularly to the shore, between the Long Railroad Bridge (the most eastern bridge of the 5-span, Fourteenth Street Bridge Complex) to the Theodore Roosevelt Memorial Bridge; and all waters in between, totally including the waters of the Georgetown Channel Tidal Basin. (5) Zone 5. All navigable waters in the Potomac River, including the Boundary Channel and Pentagon Lagoon, bounded on the west by a line running north to south from points along the shoreline at 38[deg]52'50'' N., 077[deg]03'25'' W., thence to 38[deg]52'49'' N., 077[deg]03'25'' W.; and bounded on the east by a line running from points at 38[deg]53'10'' N., 077[deg]03'30'' W., thence northeast to 38[deg]53'12'' N., 077[deg]03'26'' W., thence southeast to 38[deg]52'31'' N., 077[deg]02'34'' W., and thence southwest to 38[deg]52'28'' N., 077[deg]02'38'' W. (6) Zone 6. All navigable waters described in paragraphs (a)(1) through (a)(3) of this section. (b) Regulations. The general security zone regulations found in 33 CFR 165.33 apply to the security zones created by this section, Sec. 165.508. (1) Entry into or remaining in a zone listed in paragraph (a) in this section is prohibited unless authorized by the Coast Guard Captain of the Port Maryland-National Capital Region. Public vessels and vessels already at berth at the time the security zone is implemented do not have to depart the security zone. All vessels underway within the security zone at the time it is implemented are to depart the zone at the time the security zone is implemented. (2) Persons desiring to transit the area of the security zone must first obtain authorization from the Captain of the Port Maryland- National Capital Region or his or her designated representative. To seek permission to transit the area, the Captain of the Port Maryland- National Capital Region and his or her designated representatives can be contacted at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other Federal, State, or local agency vessel, by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port Maryland-National Capital Region or his designated representative and proceed at the minimum speed necessary to maintain a safe course while within the zone. (3) The U.S. Coast Guard may be assisted in the patrol and enforcement of the security zones listed in paragraph (a) in this section by Federal, State, and local agencies. (c) Definitions. As used in this section: Captain of the Port Maryland-National Capital Region means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region or any Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port to act on his or her behalf. Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Maryland-National Capital Region to assist in enforcing the security zones described in paragraph (a) of this section. Public vessel means a vessel that is owned or demise-(bareboat) chartered by the government of the United States, by a State or local government, or by the government of a foreign country and that is not engaged in commercial service. (d) Enforcement. (1) In addition to the specified times in paragraphs (d)(2)-(4) of this section, the security zones created by this section will be enforced only upon issuance of a notice of enforcement by the Captain of the Port Maryland-National Capital Region. The Captain of the Port Maryland-National Capital Region will cause notice of enforcement of these security zones to be made by all appropriate means to the affected segments of the public of the enforcement dates and times of the security zones including publication in the Federal Register, in accordance with 33 CFR 165.7(a). Such means of notification may also include, but are not limited to Broadcast Notice to Mariners or Local Notice to Mariners. (2) Security Zone 4, established in paragraph (a)(4) of this section, will be enforced annually, from 12:01 a.m. to 11:59 p.m. on July 4. (3) Security Zone 5, established in paragraph (a)(5) of this section, will be enforced annually on three dates: Memorial Day (observed), September 11, and November 11. Security Zone 5 will be enforced from 10 a.m. until 1 p.m. on Memorial Day (observed); from 8 a.m. until 11:59 a.m. on September 11; and from 10 a.m. until 1 p.m. on November 11. (4) Security Zone 6, established in paragraph (a)(6) of this section, will be enforced annually on the day the State of the Union Address is delivered. Security Zone 6 will be enforced from 9 a.m. on the day of the State of the Union Address until 2 a.m. on the following day. (e) Suspension of enforcement. The Captain of the Port Maryland- National Capital Region may suspend enforcement of the enforcement period in paragraphs (d)(1)-(4) in this section earlier than listed in the notice of enforcement. Should the Captain of the Port Maryland- National Capital Region suspend the zone earlier than the duration listed, he or she will make the public aware of this suspension by Broadcast Notice to Mariners and/or on-scene notice by his or her designated representative. Dated: August 24, 2016. Lonnie P. Harrison, Jr., Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2016-21175 Filed 9-1-16; 8:45 am] BILLING CODE 9110-04-P
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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
action, if any, is considered to deal with such FOR FURTHER INFORMATION CONTACT: If Anacostia River and adjacent waters.
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
BILLING CODE 5001–06–P
security zone without obtaining
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
COTP Captain of the Port
notify the maritime community, via
SECURITY Broadcast Notice to Mariners (BNM), of
DHS Department of Homeland Security
FR Federal Register the location and duration of the security
Coast Guard
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
The legal basis for the rule is the drawn from the District of Columbia
Coast Guard Captain of the Port
Coast Guard’s authority to establish shoreline at Hains Point at position
Maryland-National Capital Region. The
regulated navigation areas and other 38°51′24.3″ N., 077°01′19.8″ W.,
proposed regulations will enhance the
limited access areas: 33 U.S.C. 1231. southward across the Anacostia River to
safety and security of persons and
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.
Lhorne on DSK30JT082PROD with PROPOSALS
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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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
Lhorne on DSK30JT082PROD with PROPOSALS
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,
VerDate Sep<11>2014 15:10 Sep 01, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1](https://thefederalregister.org/doc/81_FR_60834/page/4.svg)
Document Created: 2018-02-09 11:55:23
Document Modified: 2018-02-09 11:55:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before November 1, 2016. | |
| Contact | If you have questions about this proposed rulemaking, call or email Mr. Ronald L. Houck, at Sector Maryland-National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410-576-2674, email [email protected] | |
| FR Citation | 81 FR 60663 | |
| RIN Number | 1625-AA87 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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