82_FR_31849 82 FR 31719 - Security Zone; Potomac River, Montgomery County, MD

82 FR 31719 - Security Zone; Potomac River, Montgomery County, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 130 (July 10, 2017)

Page Range31719-31722
FR Document2017-14395

This interim rule establishes a security zone encompassing certain waters of the Potomac River. This action is necessary to prevent waterside threats and incidents immediately before, during and after events held at the Trump National Golf Club at Potomac Falls, VA. This rule prohibits vessels and people 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 or designated representative. The regulation will enhance the safety and security of persons and property, while minimizing, to the extent possible, the impact on commerce and legitimate waterway use. We invite your comments on this rulemaking.

Federal Register, Volume 82 Issue 130 (Monday, July 10, 2017)
[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Rules and Regulations]
[Pages 31719-31722]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14395]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0448]
RIN 1625-AA87


Security Zone; Potomac River, Montgomery County, MD

AGENCY: Coast Guard, DHS.

ACTION: Interim rule and request for comments.

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SUMMARY: This interim rule establishes a security zone encompassing 
certain waters of the Potomac River. This action is necessary to 
prevent waterside threats and incidents immediately before, during and 
after events held at the Trump National Golf Club at Potomac Falls, VA. 
This rule prohibits vessels and people 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 or designated representative. The 
regulation will enhance the safety and security of persons and 
property, while minimizing, to the extent possible, the impact on 
commerce and legitimate waterway use. We invite your comments on this 
rulemaking.

DATES: This rule is effective without actual notice from July 10, 2017. 
For the purposes of enforcement, actual notice will be used from June 
22, 2017 until July 10, 2017. Comments and related material must be 
received by the Coast Guard on or before August 9, 2017.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2017-0448. To view documents mentioned in this preamble as 
being available in the docket, go to http://www.regulations.gov, type 
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on 
``Open Docket Folder'' on the line associated with this rulemaking. You 
may submit comments, identified by docket number, 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 
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. Regulatory History and Information

    On five separate occasions since March 24, 2017, the COTP has 
established a temporary security zone encompassing certain U.S. 
navigable waters of the Potomac River during events held at the Trump 
National Golf Club at Potomac Falls, VA. These security zones were 
established and enforced at the request of the U.S. Secret Service to 
support security measures required during visits by high-ranking United 
States government officials at the golf club.
    The Coast Guard is issuing this interim rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are impracticable, unnecessary, or contrary to the public 
interest. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
contrary to the public interest to delay the effective date of this 
rule due to the short time period between event planners notifying the 
Coast Guard and publication of this security zone. The NPRM process is 
contrary to the public

[[Page 31720]]

interest by delaying the effective date of this rule or foregoing the 
necessary protections required for persons and property, surrounding 
and including high-ranking United States officials, given the high risk 
of injury and damage to high-ranking United States officials and the 
public. Immediate action is necessary to provide waterway and waterside 
security and protection for persons and property on and along the 
Potomac River. The Coast Guard is establishing this security zone to 
ensure the appropriate level of protection for high-ranking United 
States officials and the public.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this interim rule effective less than 30 days after 
publication in the Federal Register because doing so would be 
impracticable and contrary to the public interest. Delaying the 
effective date would be contrary to the security zone's intended 
objectives of protecting the high-ranking United States officials and 
the public, as it would introduce vulnerability to U.S. navigable 
waterway safety and the security of high-ranking United States 
officials, as well as that of the general public.

III. 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. On several occasions during events held at the 
Trump National Golf Club at Potomac Falls, VA, the U.S. Secret Service 
has requested additional waterside security measures for a gathering of 
high-ranking United States officials at the golf club. These events are 
anticipated to continue during the current Presidential term and a 
permanent security zone will facilitate both the safety and security of 
these events and the high-ranking officials who attend them. The COTP 
Maryland-National Capital Region is establishing this security zone to 
protect high-ranking United States officials and the public, mitigate 
potential terrorist acts, and enhance public and U.S. navigable 
waterway safety and security in order to safeguard life, property, and 
the environment on or near the regulated area.
    The purpose of this rulemaking is to enhance public and U.S. 
navigable waterway safety and security in order to safeguard life, 
property, and the environment on specified navigable waters of the 
Potomac River during frequent heightened security events that take 
place in close proximity to U.S. 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; 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.

IV. Discussion of Interim Rule

    The Coast Guard is revising regulations at 33 CFR part 165 by 
adding a security zone. The security zone includes all U.S. navigable 
waters of the Potomac River, from shoreline to shoreline, within an 
area bounded on the east by a line connecting the following points: 
Latitude 39[deg]04'02'' W., longitude 077[deg]19'48'' W., thence south 
to latitude 39[deg]03'39'' W., longitude 077[deg]20'02'' W., and 
bounded on the west by longitude 077[deg]22'06'' W., located between 
Pond Island and Sharpshin Island, in Montgomery County, MD. Entry into 
the security zone would be prohibited, unless specifically authorized 
by the COTP Maryland-National Capital Region or a designated 
representative. Except for public vessels, this rule would require all 
vessels in the designated security zone as defined by this rule to 
immediately depart the security zone. Federal, state, and local 
agencies may assist the Coast Guard in the enforcement of this rule. 
The duration of the zone is intended to ensure the safety of vessels 
and the specified navigable waters before, during, and after the event. 
The COTP Maryland-National Capital Region will notify waterway users 
and the boating community, via Broadcast Notice to Mariners (BNM), of 
the duration of the security zone as required to support the periodic 
occurrence of high security events.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the rule has not 
been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, location 
and duration of the security zone. Moreover, the Coast Guard will issue 
a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and access to the zone will be determined in consultation with 
the lead federal agency on a case-by-case basis when the zone is being 
enforced.

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 rule 
would not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels that intend to transit 
the security zone may be small entities, for the reasons stated in 
section V.A above this 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 (Public Law 104-121), we want to assist small 
entities in understanding this 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 not retaliate against small entities that 
question or complain about this rule or any policy or action of the 
Coast Guard.

C. Collection of Information

    This rule would not call for a new collection of information under 
the

[[Page 31721]]

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 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 rule does not have tribal implications under E.O. 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 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 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 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 rule involves the establishment of a security zone 
that prohibits entry on specified waters of the Potomac River during 
frequently occurring heightened 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 Record of 
Environmental Consideration (REC) is 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 
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.

VI. 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 USCG-2017-0448 
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 rule 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 amends 
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; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.557 to read as follows:


Sec.  165.557  Security Zone; Potomac River, Montgomery County, MD.

    (a) 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 a Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Maryland-National Capital Region to enforce the security zone 
described in paragraph (a) of this section.
    Public vessel has the same meaning as that term is defined under 46 
U.S.C. 2101.
    (b) Location. The following area is a security zone: All navigable 
waters of the Potomac River, from shoreline to shoreline, within an 
area bounded on the east by a line connecting the following points: 
latitude 39[deg]04'02'' W., longitude 077[deg]19'48'' W., thence south 
to latitude 39[deg]03'39'' W., longitude 077[deg]20'02'' W., and 
bounded on the west by longitude 077[deg]22'06'' W., located in 
Montgomery County, MD. Coordinates used in this section are based on 
NAD83.
    (c) Regulations. The general security zone regulations found in 
Sec.  165.33 apply to the security zone created by this section.
    (1) Except for public vessels, entry into or remaining in the 
security zone described in paragraph (a) of this section is prohibited 
unless authorized by the Coast Guard Captain of the Port Maryland-
National Capital Region. All vessels within the security zone at the 
time this regulation is enforced shall depart the zone immediately.
    (2) Persons and vessel operators who intend to enter or transit the 
security zone while the zone is being enforced must obtain 
authorization from the

[[Page 31722]]

Captain of the Port Maryland-National Capital Region or designated 
representative. Access to the zone will be determined in consultation 
with the lead federal agency on a case-by-case basis when the zone is 
enforced. To request permission to enter or transit the security zone, 
the Captain of the Port Maryland-National Capital Region or designated 
representatives can be contacted at telephone number 410-576-2693 or on 
marine band radio, VHF-FM channel 16 (156.8 MHz). Coast Guard vessels 
that enforce this section can be contacted on marine band radio, VHF-FM 
channel 16 (156.8 MHz). The operator of a vessel shall proceed as 
directed upon being hailed by a U.S. Coast Guard vessel, or other 
Federal, State, or local law enforcement agency vessel, by siren, 
radio, flashing light, or other means. When authorized by the Coast 
Guard to enter the security zone all persons and vessels must comply 
with the instructions of the Captain of the Port Maryland-National 
Capital Region or designated representative and proceed at the minimum 
speed necessary to maintain a safe course while within the security 
zone.
    (3) The U.S. Coast Guard may be assisted by federal, state, and 
local law enforcement agencies in the patrol and enforcement of the 
security zone described in paragraph (a) of this section.
    (d) Enforcement. The Captain of the Port Maryland-National Capital 
Region will provide the affected segments of the public with notice of 
enforcement of security zone by Broadcast Notice to Mariners (BNM), 
Local Notice to Mariners, and on-scene notice by designated 
representative or other appropriate means in accordance with 33 CFR 
165.7.

    Dated: June 22, 2017.
M.W. Batchelder,
Commander, U.S. Coast Guard, Acting Captain of the Port Maryland-
National Capital Region.
[FR Doc. 2017-14395 Filed 7-7-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                      Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Rules and Regulations                                                                                  31719

                                                                                                                                       TABLE FOUR
                                                                                                                                                                                                                              Distance in meters
                                                                                                                                                                                                                               of masthead light
                                                                                                 Vessel                                                                                 Number                                     below the
                                                                                                                                                                                                                                  submarine
                                                                                                                                                                                                                              identification lights


                                                    *                       *                                 *                                 *                        *                                *                            *
                                             USS COLORADO .....................................................................................................   SSN 788 .................................................                   0.81



                                                 26. * * *

                                                                                                                                                                               Obstruction angle relative to ship’s headings
                                                                               Vessel                                                      Number
                                                                                                                                                                            Forward anchor light                          Aft anchor light


                                                    *                       *                                 *                             *                               *                            *                             *
                                             USS COLORADO ...........................................................        SSN 788 ............................      172° to 188° .......................      359° to 1°.



                                             *       *        *        *        *                                Coast Guard Captain of the Port                                      I. Table of Abbreviations
                                               Approved: June 15, 2017.                                          Maryland-National Capital Region or
                                                                                                                 designated representative. The                                       CFR Code of Federal Regulations
                                             A.S. Janin,                                                                                                                              COTP Captain of the Port
                                                                                                                 regulation will enhance the safety and
                                             Captain, JAGC, U.S. Navy, Deputy Assistant                                                                                               DHS Department of Homeland Security
                                             Judge Advocate, General (Admiralty and                              security of persons and property, while                              FR Federal Register
                                             Maritime Law Division).                                             minimizing, to the extent possible, the                              NPRM Notice of proposed rulemaking
                                               Dated: June 27, 2017.                                             impact on commerce and legitimate                                    § Section
                                             A.M. Nichols,
                                                                                                                 waterway use. We invite your comments                                U.S.C. United States Code
                                                                                                                 on this rulemaking.
                                             Lieutenant Commander, Judge Advocate                                                                                                     II. Regulatory History and Information
                                             General’s Corps, U.S. Navy, Federal Register                        DATES:  This rule is effective without
                                             Liaison Officer.                                                    actual notice from July 10, 2017. For the                               On five separate occasions since
                                             [FR Doc. 2017–13960 Filed 7–7–17; 8:45 am]                          purposes of enforcement, actual notice                               March 24, 2017, the COTP has
                                             BILLING CODE 3810–FF–P                                              will be used from June 22, 2017 until                                established a temporary security zone
                                                                                                                 July 10, 2017. Comments and related                                  encompassing certain U.S. navigable
                                                                                                                 material must be received by the Coast                               waters of the Potomac River during
                                                                                                                 Guard on or before August 9, 2017.                                   events held at the Trump National Golf
                                             DEPARTMENT OF HOMELAND
                                                                                                                                                                                      Club at Potomac Falls, VA. These
                                             SECURITY                                                                         Documents mentioned in
                                                                                                                 ADDRESSES:                                                           security zones were established and
                                             Coast Guard                                                         this preamble are part of Docket Number                              enforced at the request of the U.S. Secret
                                                                                                                 USCG–2017–0448. To view documents                                    Service to support security measures
                                             33 CFR Part 165                                                     mentioned in this preamble as being                                  required during visits by high-ranking
                                                                                                                 available in the docket, go to http://                               United States government officials at the
                                             [Docket Number USCG–2017–0448]                                      www.regulations.gov, type the docket                                 golf club.
                                                                                                                 number in the ‘‘SEARCH’’ box and click                                  The Coast Guard is issuing this
                                             RIN 1625–AA87
                                                                                                                 ‘‘SEARCH.’’ Click on ‘‘Open Docket                                   interim rule without prior notice and
                                             Security Zone; Potomac River,                                       Folder’’ on the line associated with this                            opportunity to comment pursuant to
                                             Montgomery County, MD                                               rulemaking. You may submit comments,                                 authority under section 4(a) of the
                                                                                                                 identified by docket number, using the                               Administrative Procedure Act (APA) (5
                                             AGENCY:Coast Guard, DHS.                                            Federal eRulemaking Portal at http://                                U.S.C. 553(b)). This provision
                                                   Interim rule and request for
                                             ACTION:                                                             www.regulations.gov. See the ‘‘Public                                authorizes an agency to issue a rule
                                             comments.                                                           Participation and Request for                                        without prior notice and opportunity to
                                                                                                                 Comments’’ portion of the                                            comment when the agency for good
                                             SUMMARY:   This interim rule establishes                                                                                                 cause finds that those procedures are
                                                                                                                 SUPPLEMENTARY INFORMATION section for
                                             a security zone encompassing certain                                                                                                     impracticable, unnecessary, or contrary
                                                                                                                 further instructions on submitting
                                             waters of the Potomac River. This action                                                                                                 to the public interest. Under 5 U.S.C.
                                                                                                                 comments.
                                             is necessary to prevent waterside threats                                                                                                553(b)(B), the Coast Guard finds that
                                             and incidents immediately before,                                   FOR FURTHER INFORMATION CONTACT:   If                                good cause exists for not publishing a
                                             during and after events held at the                                 you have questions about this                                        notice of proposed rulemaking (NPRM)
                                             Trump National Golf Club at Potomac                                 rulemaking, call or email Mr. Ronald L.                              with respect to this rule because doing
                                             Falls, VA. This rule prohibits vessels                                                                                                   so would be impracticable and contrary
nlaroche on DSK30NT082PROD with RULES




                                                                                                                 Houck, at Sector Maryland-National
                                             and people from entering the security                               Capital Region Waterways Management                                  to the public interest to delay the
                                             zone and requires vessels and persons                               Division, U.S. Coast Guard; telephone                                effective date of this rule due to the
                                             in the security zone to depart the                                  410–576–2674, email Ronald.L.Houck@                                  short time period between event
                                             security zone, unless specifically                                  uscg.mil.                                                            planners notifying the Coast Guard and
                                             exempt under the provisions in this rule                                                                                                 publication of this security zone. The
                                             or granted specific permission from the                             SUPPLEMENTARY INFORMATION:                                           NPRM process is contrary to the public


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                                             31720               Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Rules and Regulations

                                             interest by delaying the effective date of               frequent heightened security events that              harmonizing rules, and of promoting
                                             this rule or foregoing the necessary                     take place in close proximity to U.S.                 flexibility. This rule has not been
                                             protections required for persons and                     navigable waterways within the COTP’s                 designated a ‘‘significant regulatory
                                             property, surrounding and including                      Area of Responsibility.                               action,’’ under E.O. 12866. Accordingly,
                                             high-ranking United States officials,                       The legal basis for the rule is the                the rule has not been reviewed by the
                                             given the high risk of injury and damage                 Coast Guard’s authority to establish                  Office of Management and Budget.
                                             to high-ranking United States officials                  regulated navigation areas and other                     This regulatory action determination
                                             and the public. Immediate action is                      limited access areas: 33 U.S.C. 1231; 50              is based on the size, location and
                                             necessary to provide waterway and                        U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,               duration of the security zone. Moreover,
                                             waterside security and protection for                    6.04–6, and 160.5; Department of                      the Coast Guard will issue a Broadcast
                                             persons and property on and along the                    Homeland Security Delegation No.                      Notice to Mariners via VHF–FM marine
                                             Potomac River. The Coast Guard is                        0170.1.                                               channel 16 about the zone, and access
                                             establishing this security zone to ensure                IV. Discussion of Interim Rule                        to the zone will be determined in
                                             the appropriate level of protection for                                                                        consultation with the lead federal
                                             high-ranking United States officials and                    The Coast Guard is revising                        agency on a case-by-case basis when the
                                             the public.                                              regulations at 33 CFR part 165 by
                                                                                                                                                            zone is being enforced.
                                                Under 5 U.S.C. 553(d)(3), the Coast                   adding a security zone. The security
                                             Guard finds that good cause exists for                   zone includes all U.S. navigable waters               B. Impact on Small Entities
                                             making this interim rule effective less                  of the Potomac River, from shoreline to                  The Regulatory Flexibility Act of
                                             than 30 days after publication in the                    shoreline, within an area bounded on                  1980, 5 U.S.C. 601–612, as amended,
                                             Federal Register because doing so                        the east by a line connecting the                     requires Federal agencies to consider
                                             would be impracticable and contrary to                   following points: Latitude 39°04′02″ W.,              the potential impact of regulations on
                                             the public interest. Delaying the                        longitude 077°19′48″ W., thence south                 small entities during rulemaking. The
                                             effective date would be contrary to the                  to latitude 39°03′39″ W., longitude                   term ‘‘small entities’’ comprises small
                                             security zone’s intended objectives of                   077°20′02″ W., and bounded on the west                businesses, not-for-profit organizations
                                             protecting the high-ranking United                       by longitude 077°22′06″ W., located                   that are independently owned and
                                             States officials and the public, as it                   between Pond Island and Sharpshin                     operated and are not dominant in their
                                             would introduce vulnerability to U.S.                    Island, in Montgomery County, MD.                     fields, and governmental jurisdictions
                                             navigable waterway safety and the                        Entry into the security zone would be                 with populations of less than 50,000.
                                             security of high-ranking United States                   prohibited, unless specifically                       The Coast Guard certifies under 5 U.S.C.
                                             officials, as well as that of the general                authorized by the COTP Maryland-                      605(b) that this rule would not have a
                                             public.                                                  National Capital Region or a designated               significant economic impact on a
                                                                                                      representative. Except for public                     substantial number of small entities.
                                             III. Background, Purpose, and Legal
                                                                                                      vessels, this rule would require all
                                             Basis                                                                                                             While some owners or operators of
                                                                                                      vessels in the designated security zone
                                                The Coast Guard has given each Coast                                                                        vessels that intend to transit the security
                                                                                                      as defined by this rule to immediately
                                             Guard COTP the ability to implement                                                                            zone may be small entities, for the
                                                                                                      depart the security zone. Federal, state,
                                             comprehensive port security regimes                                                                            reasons stated in section V.A above this
                                                                                                      and local agencies may assist the Coast
                                             designed to safeguard human life,                                                                              rule would not have a significant
                                                                                                      Guard in the enforcement of this rule.
                                             vessels, and waterfront facilities while                                                                       economic impact on any vessel owner
                                                                                                      The duration of the zone is intended to
                                             still sustaining the flow of commerce.                                                                         or operator.
                                                                                                      ensure the safety of vessels and the
                                             On several occasions during events held                  specified navigable waters before,                       If you think that your business,
                                             at the Trump National Golf Club at                       during, and after the event. The COTP                 organization, or governmental
                                             Potomac Falls, VA, the U.S. Secret                       Maryland-National Capital Region will                 jurisdiction qualifies as a small entity
                                             Service has requested additional                         notify waterway users and the boating                 and that this rule would have a
                                             waterside security measures for a                        community, via Broadcast Notice to                    significant economic impact on it,
                                             gathering of high-ranking United States                  Mariners (BNM), of the duration of the                please submit a comment (see
                                             officials at the golf club. These events                                                                       ADDRESSES) explaining why you think it
                                                                                                      security zone as required to support the
                                             are anticipated to continue during the                   periodic occurrence of high security                  qualifies and how and to what degree
                                             current Presidential term and a                          events.                                               this rule would economically affect it.
                                             permanent security zone will facilitate                                                                           Under section 213(a) of the Small
                                             both the safety and security of these                    V. Regulatory Analyses                                Business Regulatory Enforcement
                                             events and the high-ranking officials                      We developed this rule after                        Fairness Act of 1996 (Public Law 104–
                                             who attend them. The COTP Maryland-                      considering numerous statutes and                     121), we want to assist small entities in
                                             National Capital Region is establishing                  executive orders (E.O.s) related to                   understanding this rule. If the rule
                                             this security zone to protect high-                      rulemaking. Below we summarize our                    would affect your small business,
                                             ranking United States officials and the                  analyses based on a number of these                   organization, or governmental
                                             public, mitigate potential terrorist acts,               statutes and E.O.s and we discuss First               jurisdiction and you have questions
                                             and enhance public and U.S. navigable                    Amendment rights of protestors.                       concerning its provisions or options for
                                             waterway safety and security in order to                                                                       compliance, please contact the person
                                             safeguard life, property, and the                        A. Regulatory Planning and Review                     listed in the FOR FURTHER INFORMATION
                                             environment on or near the regulated                       E.O.s 12866 and 13563 direct agencies               CONTACT section. The Coast Guard will
                                                                                                      to assess the costs and benefits of                   not retaliate against small entities that
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                                             area.
                                                The purpose of this rulemaking is to                  available regulatory alternatives and, if             question or complain about this rule or
                                             enhance public and U.S. navigable                        regulation is necessary, to select                    any policy or action of the Coast Guard.
                                             waterway safety and security in order to                 regulatory approaches that maximize
                                                                                                                                                            C. Collection of Information
                                             safeguard life, property, and the                        net benefits. E.O. 13563 emphasizes the
                                             environment on specified navigable                       importance of quantifying both costs                    This rule would not call for a new
                                             waters of the Potomac River during                       and benefits, of reducing costs, of                   collection of information under the


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                                                                 Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Rules and Regulations                                            31721

                                             Paperwork Reduction Act of 1995 (44                      paragraph 34(g) of Figure 2–1 of                      requirements, Security measures,
                                             U.S.C. 3501–3520).                                       Commandant Instruction M16475.lD. A                   Waterways.
                                                                                                      Record of Environmental Consideration                   For the reasons discussed in the
                                             D. Federalism and Indian Tribal
                                                                                                      (REC) is available in the docket where                preamble, the Coast Guard amends 33
                                             Governments
                                                                                                      indicated under ADDRESSES. We seek                    CFR part 165 as follows:
                                                A rule has implications for federalism                any comments or information that may
                                             under E.O. 13132, Federalism, if it has                  lead to the discovery of a significant                PART 165—REGULATED NAVIGATION
                                             a substantial direct effect on the States,               environmental impact from this rule.                  AREAS AND LIMITED ACCESS AREAS
                                             on the relationship between the national
                                             government and the States, or on the                     G. Protest Activities                                 ■ 1. The authority citation for part 165
                                             distribution of power and                                  The Coast Guard respects the First                  continues to read as follows:
                                             responsibilities among the various                       Amendment rights of protesters.                         Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             levels of government. We have analyzed                   Protesters are asked to contact the                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             this rule under that Order and have                      person listed in the FOR FURTHER                      Department of Homeland Security Delegation
                                             determined that it is consistent with the                INFORMATION CONTACT section to                        No. 0170.1.
                                             fundamental federalism principles and                    coordinate protest activities so that your            ■   2. Add § 165.557 to read as follows:
                                             preemption requirements described in                     message can be received without
                                             Executive Order 13132.                                                                                         § 165.557 Security Zone; Potomac River,
                                                                                                      jeopardizing the safety or security of                Montgomery County, MD.
                                                Also, this rule does not have tribal                  people, places, or vessels.
                                             implications under E.O. 13175,                                                                                   (a) Definitions. As used in this
                                             Consultation and Coordination with                       VI. Public Participation and Request for              section:
                                             Indian Tribal Governments, because it                    Comments                                                Captain of the Port Maryland-
                                             would not have a substantial direct                                                                            National Capital Region means the
                                                                                                         We view public participation as
                                             effect on one or more Indian tribes, on                                                                        Commander, U.S. Coast Guard Sector
                                                                                                      essential to effective rulemaking, and
                                             the relationship between the Federal                                                                           Maryland-National Capital Region or
                                                                                                      will consider all comments and material
                                             Government and Indian tribes, or on the                                                                        any Coast Guard commissioned, warrant
                                                                                                      received during the comment period.
                                             distribution of power and                                                                                      or petty officer who has been authorized
                                                                                                      Your comment can help shape the
                                             responsibilities between the Federal                                                                           by the Captain of the Port to act on his
                                                                                                      outcome of this rulemaking. If you
                                             Government and Indian tribes. If you                                                                           or her behalf.
                                                                                                      submit a comment, please include the                    Designated representative means a
                                             believe this rule has implications for                   docket number USCG–2017–0448 for
                                             federalism or Indian tribes, please                                                                            Coast Guard commissioned, warrant, or
                                                                                                      this rulemaking, indicate the specific                petty officer who has been authorized
                                             contact the person listed in the FOR                     section of this document to which each
                                             FURTHER INFORMATION CONTACT section.                                                                           by the Captain of the Port Maryland-
                                                                                                      comment applies, and provide a reason                 National Capital Region to enforce the
                                             E. Unfunded Mandates Reform Act                          for each suggestion or recommendation.                security zone described in paragraph (a)
                                               The Unfunded Mandates Reform Act                          We encourage you to submit                         of this section.
                                             of 1995 (2 U.S.C. 1531–1538) requires                    comments through the Federal                            Public vessel has the same meaning as
                                             Federal agencies to assess the effects of                eRulemaking Portal at http://                         that term is defined under 46 U.S.C.
                                             their discretionary regulatory actions. In               www.regulations.gov. If your material                 2101.
                                             particular, the Act addresses actions                    cannot be submitted using http://                       (b) Location. The following area is a
                                             that may result in the expenditure by a                  www.regulations.gov, contact the person               security zone: All navigable waters of
                                             State, local, or tribal government, in the               in the FOR FURTHER INFORMATION                        the Potomac River, from shoreline to
                                             aggregate, or by the private sector of                   CONTACT section of this document for                  shoreline, within an area bounded on
                                             $100,000,000 (adjusted for inflation) or                 alternate instructions.                               the east by a line connecting the
                                             more in any one year. Though this rule                      We accept anonymous comments. All                  following points: latitude 39°04′02″ W.,
                                             would not result in such an                              comments received will be posted                      longitude 077°19′48″ W., thence south
                                             expenditure, we do discuss the effects of                without change to http://                             to latitude 39°03′39″ W., longitude
                                             this rule elsewhere in this preamble.                    www.regulations.gov and will include                  077°20′02″ W., and bounded on the west
                                                                                                      any personal information you have                     by longitude 077°22′06″ W., located in
                                             F. Environment                                           provided. For more about privacy and                  Montgomery County, MD. Coordinates
                                               We have analyzed this rule under                       the docket, you may review a Privacy                  used in this section are based on
                                             Department of Homeland Security                          Act notice regarding the Federal Docket               NAD83.
                                             Management Directive 023–01 and                          Management System in the March 24,                      (c) Regulations. The general security
                                             Commandant Instruction M16475.lD,                        2005, issue of the Federal Register (70               zone regulations found in § 165.33
                                             which guide the Coast Guard in                           FR 15086).                                            apply to the security zone created by
                                             complying with the National                                 Documents mentioned in this rule as                this section.
                                             Environmental Policy Act of 1969 (42                     being available in the docket, and all                  (1) Except for public vessels, entry
                                             U.S.C. 4321–4370f), and have made a                      public comments, will be in our online                into or remaining in the security zone
                                             preliminary determination that this                      docket at http://www.regulations.gov                  described in paragraph (a) of this
                                             action is one of a category of actions that              and can be viewed by following that                   section is prohibited unless authorized
                                             do not individually or cumulatively                      Web site’s instructions. Additionally, if             by the Coast Guard Captain of the Port
                                             have a significant effect on the human                   you go to the online docket and sign up               Maryland-National Capital Region. All
                                             environment. This rule involves the                      for email alerts, you will be notified                vessels within the security zone at the
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                                             establishment of a security zone that                    when comments are posted or a final                   time this regulation is enforced shall
                                             prohibits entry on specified waters of                   rule is published.                                    depart the zone immediately.
                                             the Potomac River during frequently                                                                              (2) Persons and vessel operators who
                                                                                                      List of Subjects in 33 CFR Part 165
                                             occurring heightened security events.                                                                          intend to enter or transit the security
                                             Normally such actions are categorically                    Harbors, Marine safety, Navigation                  zone while the zone is being enforced
                                             excluded from further review under                       (water), Reporting and recordkeeping                  must obtain authorization from the


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                                             31722               Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Rules and Regulations

                                             Captain of the Port Maryland-National                    ENVIRONMENTAL PROTECTION                                 Dated: June 20, 2017.
                                             Capital Region or designated                             AGENCY                                                 Robert A. Kaplan,
                                             representative. Access to the zone will                                                                         Acting Regional Administrator, Region 5.
                                             be determined in consultation with the                   40 CFR Parts 52 and 81
                                             lead federal agency on a case-by-case                                                                           PART 52—APPROVAL AND
                                             basis when the zone is enforced. To                      [EPA–R05–OAR–2016–0137; FRL–9964–63–                   PROMULGATION OF
                                             request permission to enter or transit the               Region 5]                                              IMPLEMENTATION PLANS
                                             security zone, the Captain of the Port                                                                            Accordingly, the amendments to 40
                                                                                                      Air Plan Approval; Indiana;
                                             Maryland-National Capital Region or                                                                             CFR 52.770 and 40 CFR 52.797
                                                                                                      Redesignation of the Muncie Area to
                                             designated representatives can be                                                                               published in the Federal Register on
                                                                                                      Attainment of the 2008 Lead Standard;
                                             contacted at telephone number 410–                       Withdrawal of Direct Final Rule                        May 30, 2017 (82 FR 24553) on page
                                             576–2693 or on marine band radio,                                                                               24559 are withdrawn effective July 10,
                                             VHF–FM channel 16 (156.8 MHz). Coast                     AGENCY: Environmental Protection                       2017.
                                             Guard vessels that enforce this section                  Agency (EPA).
                                             can be contacted on marine band radio,                                                                          PART 81—DESIGNATION OF AREAS
                                                                                                      ACTION: Withdrawal of direct final rule.
                                             VHF–FM channel 16 (156.8 MHz). The                                                                              FOR AIR QUALITY PLANNING
                                             operator of a vessel shall proceed as                    SUMMARY:    Due to the receipt of an                   PURPOSES
                                             directed upon being hailed by a U.S.                     adverse comment, the Environmental                       Accordingly, the amendment to 40
                                             Coast Guard vessel, or other Federal,                    Protection Agency (EPA) is withdrawing                 CFR 81.315 published in the Federal
                                             State, or local law enforcement agency                   the May 30, 2017, direct final rule                    Register on May 30, 2017 (82 FR 24553)
                                             vessel, by siren, radio, flashing light, or              approving the redesignation of the                     on page 24559 is withdrawn effective
                                             other means. When authorized by the                      Muncie nonattainment area to                           July 10, 2017.
                                             Coast Guard to enter the security zone                   attainment for the 2008 national
                                                                                                                                                             [FR Doc. 2017–14316 Filed 7–7–17; 8:45 am]
                                             all persons and vessels must comply                      ambient air quality standards (NAAQS)
                                                                                                                                                             BILLING CODE 6560–50–P
                                             with the instructions of the Captain of                  for lead, the state’s plan for maintaining
                                             the Port Maryland-National Capital                       the 2008 lead NAAQS through 2030 for
                                             Region or designated representative and                  the area, and the 2013 attainment year                 ENVIRONMENTAL PROTECTION
                                                                                                      emissions inventory for the area.                      AGENCY
                                             proceed at the minimum speed
                                             necessary to maintain a safe course                      DATES: The direct final rule published at
                                             while within the security zone.                          82 FR 24553 on May 30, 2017, is                        40 CFR Part 180
                                                                                                      withdrawn effective July 10, 2017.                     [EPA–HQ–OPP–2016–0595; FRL–9962–06]
                                                (3) The U.S. Coast Guard may be
                                             assisted by federal, state, and local law                FOR FURTHER INFORMATION CONTACT:
                                                                                                      Anthony Maietta, Environmental                         Buprofezin; Pesticide Tolerance
                                             enforcement agencies in the patrol and
                                             enforcement of the security zone                         Protection Specialist, Control Strategies
                                                                                                                                                             AGENCY:  Environmental Protection
                                                                                                      Section, Air Programs Branch (AR–18J),
                                             described in paragraph (a) of this                                                                              Agency (EPA).
                                                                                                      Environmental Protection Agency,
                                             section.                                                                                                        ACTION: Final rule.
                                                                                                      Region 5, 77 West Jackson Boulevard,
                                                (d) Enforcement. The Captain of the                   Chicago, Illinois 60604, (312) 353–8777,               SUMMARY:   This regulation establishes a
                                             Port Maryland-National Capital Region                    maietta.anthony@epa.gov.                               tolerance for residues of buprofezin in
                                             will provide the affected segments of the                SUPPLEMENTARY INFORMATION: In the                      or on rice grain. Nichino America, Inc.
                                             public with notice of enforcement of                     direct final rule, EPA stated that if                  requested this tolerance under the
                                             security zone by Broadcast Notice to                     adverse comments were submitted by                     Federal Food, Drug, and Cosmetic Act
                                             Mariners (BNM), Local Notice to                          June 29, 2017, the rule would be                       (FFDCA).
                                             Mariners, and on-scene notice by                         withdrawn and not take effect. EPA                     DATES:  This regulation is effective July
                                             designated representative or other                       received an adverse comment prior to                   10, 2017. Objections and requests for
                                             appropriate means in accordance with                     the close of the comment period and,                   hearings must be received on or before
                                             33 CFR 165.7.                                            therefore, is withdrawing the direct final             September 8, 2017, and must be filed in
                                               Dated: June 22, 2017.                                  rule. EPA will address the comment in                  accordance with the instructions
                                                                                                      a subsequent final action based upon                   provided in 40 CFR part 178 (see also
                                             M.W. Batchelder,
                                                                                                      the proposed action also published on                  Unit I.C. of the SUPPLEMENTARY
                                             Commander, U.S. Coast Guard, Acting                      May 30, 2017. EPA will not institute a
                                             Captain of the Port Maryland-National                                                                           INFORMATION).
                                                                                                      second comment period on this action.
                                             Capital Region.                                                                                                 ADDRESSES:   The docket for this action,
                                             [FR Doc. 2017–14395 Filed 7–7–17; 8:45 am]               List of Subjects                                       identified by docket identification (ID)
                                             BILLING CODE 9110–04–P                                   40 CFR Part 52                                         number EPA–HQ–OPP–2016–0595, is
                                                                                                                                                             available at http://www.regulations.gov
                                                                                                        Environmental protection, Air                        or at the Office of Pesticide Programs
                                                                                                      pollution control, Incorporation by                    Regulatory Public Docket (OPP Docket)
                                                                                                      reference, Intergovernmental relations,                in the Environmental Protection Agency
                                                                                                      Lead, Reporting and recordkeeping                      Docket Center (EPA/DC), West William
                                                                                                      requirements.                                          Jefferson Clinton Bldg., Rm. 3334, 1301
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                                                                                                      40 CFR Part 81                                         Constitution Ave. NW., Washington, DC
                                                                                                                                                             20460–0001. The Public Reading Room
                                                                                                        Environmental protection, Air                        is open from 8:30 a.m. to 4:30 p.m.,
                                                                                                      pollution control, National parks,                     Monday through Friday, excluding legal
                                                                                                      Wilderness areas.                                      holidays. The telephone number for the
                                                                                                           Authority: 42 U.S.C. 7401 et seq.                 Public Reading Room is (202) 566–1744,


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Document Created: 2017-07-08 00:55:46
Document Modified: 2017-07-08 00:55:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim rule and request for comments.
DatesThis rule is effective without actual notice from July 10, 2017. For the purposes of enforcement, actual notice will be used from June 22, 2017 until July 10, 2017. Comments and related material must be received by the Coast Guard on or before August 9, 2017.
ContactIf you have questions about this 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 Citation82 FR 31719 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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