27 November 2012

Coast Guard Sets Security Zone for Presidential Inauguration

6. 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.

http://www.ofr.gov/OFRUpload/OFRData/2012-28790_PI.pdf

[FR Doc. 2012-28790 Filed 11/27/2012 at 8:45 am; Publication Date: 11/28/2012] 
 
9110-04-P 

DEPARTMENT OF HOMELAND SECURITY 

Coast Guard 

33 CFR Part 165 
[Docket Number USCG-2012-0938] 

RIN 1625-AA87 

Security Zone, Potomac and Anacostia Rivers; Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Supplemental notice of proposed rulemaking. 

SUMMARY: This action is a supplemental notice of proposed 
rulemaking (SNPRM) to the Coast Guard’s October 24, 2012, notice 
of proposed rulemaking (NPRM) that proposed to establish a 
security zone during activities associated with the Presidential 
Inauguration in Washington, DC from January 15, 2013 through 
January 24, 2013 (77 FR 64943). This supplemental proposal 
extends the southern boundary of the proposed security zone. 
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 Baltimore. This action is 
intended to temporarily restrict vessel traffic in portions of 
the Potomac and Anacostia Rivers during the event. 

DATES: Comments and related material must be received by the 
Coast Guard on or before [INSERT DATE 30 DAYS AFTER DATE OF 
PUBLICATION IN THE FEDERAL REGISTER]. 
ADDRESSES: You may submit comments identified by docket number 
using any one of the following methods: 

(1) Federal eRulemaking Portal: http://www.regulations.gov. 

(2) Fax: 202-493-2251. 

(3) Mail or Delivery: Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 205900001. 
Deliveries accepted between 9 a.m. and 5 p.m., Monday 
through Friday, except federal holidays. The telephone number is 
202-366-9329. 

See the "Public Participation and Request for Comments" portion 
of the SUPPLEMENTARY INFORMATION section below for further 
instructions on submitting comments. To avoid duplication, please 
use only one of these three methods. FOR FURTHER INFORMATION 
CONTACT: If you have questions on this rule, call or e-mail Mr. 
Ronald L. Houck, Sector Baltimore, Waterways Management Division, 
U.S. Coast Guard; telephone (410) 576-2674, e-mail 
Ronald.L.Houck[at]uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS   Department of Homeland Security 
FR    Federal Register 
NPRM  Notice of Proposed Rulemaking 

A. Public Participation and Request for Comments 

We encourage you to participate in this rulemaking by 
submitting comments and related materials. All comments received 
will be posted without change to http://www.regulations.gov and 
will include any personal information you have provided. 

1. Submitting comments 

If you submit a comment, please include the docket number 
for this rulemaking (USCG-2012-0938), indicate the specific 
section of this document to which each comment applies, and 
provide a reason for each suggestion or recommendation. You may 
submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, 
but please use only one of these means. If you submit a comment 
online, it will be considered received by the Coast Guard when 
you successfully transmit the comment. If you fax, hand deliver, 
or mail your comment, it will be considered as having been 
received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in 
the body of your document so that we can contact you if we have 
questions regarding your submission. 

To submit your comment online, go to 
http://www.regulations.gov, type the docket number [USCG-2012
0938] in the “SEARCH” box and click "SEARCH." Click on “Submit a 
Comment” on the line associated with this rulemaking. 

If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8½ by 11 inches, 
suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the 
Facility, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received 
during the comment period and may change the rule based on your 
comments. 

2. Viewing comments and documents 

To view comments, as well as documents mentioned in this 
preamble as being available in the docket, go to 
http://www.regulations.gov, type the docket number (USCG-20120938) 
in the "SEARCH" box and click "SEARCH." Click on Open 
Docket Folder on the line associated with this rulemaking. You 
may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. 

3. Privacy Act 

Anyone can search the electronic form of comments received 
into any of our dockets by the name of the individual submitting 
the comment (or signing the comment, if submitted on behalf of an 
association, business, labor union, etc.). You may review a 
Privacy Act notice regarding our public dockets in the January 
17, 2008, issue of the Federal Register (73 FR 3316). 

4. Public meeting 

We do not now plan to hold a public meeting. But you may 
submit a request for one, using one of the methods specified 
under ADDRESSES. Please explain why you believe a public meeting 
would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register. 

B. Regulatory History and Information 

On October 24, 2012, we published a notice of proposed 
rulemaking (NPRM) entitled "Security Zone, Potomac and Anacostia 
Rivers; Washington, DC" in the Federal Register (77 FR 64943). 
The NPRM stated that from January 15, 2013 through January 24, 
2013, activities associated with the Presidential Inauguration 
will occur in Washington, DC. Activities associated with the 
Presidential Inauguration include several Inaugural ceremonies, 
balls, parades and receptions. During these activities, a 
gathering of high-ranking United States officials and the publicat-
large is expected to take place. Due to the need for vessel 
control during the event, the Coast Guard will temporarily 
restrict vessel traffic in portions of the Potomac and Anacostia 
Rivers to safeguard life and property on the navigable waters 
before, during, and after activities associated with the 
Presidential Inauguration. After the NPRM was published in the 
Federal Register, however, the Coast Guard determined that the 
boundary of the proposed security zone on the south between the 
Virginia shoreline and the District of Columbia shoreline along 
latitude 38°51'00"N needed to be relocated farther downstream to 
and along latitude 38°50'00"N. The additional area is necessary 
to prevent vessels or persons from bypassing the security 
measures established on shore for the events and engaging in 
waterborne terrorist actions during the highly-publicized events. 

C. Basis and Purpose 

The Coast Guard proposes to establish a temporary security 
zone. The proposed zone will be in effect from January 15, 2013 
through January 24, 2013. The proposed zone will cover (1) all 
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 between the 
Virginia shoreline and the District of Columbia shoreline along 
latitude 38°50’00”N, including the waters of the Georgetown 
Channel Tidal Basin; and (2) all waters of the Anacostia River, 
from shoreline to shoreline, bounded on the north by the 11th 
Street (I-295) Bridge at mile 2.1, downstream to and bounded on 
the south by its confluence with the Potomac River. 

This rule requires that entry into or remaining in this 
security zone is prohibited unless authorized by the Coast Guard 
Captain of the Port Baltimore. Vessels already at berth, 
mooring, or anchor in the security zone at the time the security 
zone is implemented do not have to depart the zone. All vessels 
underway within this security zone at the time it is implemented 
are to depart the zone. To seek permission to transit the area 
of the security zone, the Captain of the Port Baltimore can be 
contacted at telephone number 410-576-2693 or on Marine Band 
Radio VHF-FM channel 16 (156.8 MHz). Coast Guard vessels 
enforcing the security zone can be contacted on Marine Band Radio 
VHF-FM channel 16 (156.8 MHz). Federal, state, and local 
agencies may assist the Coast Guard in the enforcement of the 
security zone. The Coast Guard will issue notices to the 
maritime community to further publicize the security zone and 
notify the public of changes in the status of the zone. Such 
notices will continue until the event is complete. 

E. 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 or 
executive orders. 

1. Regulatory Planning and Review 

This proposed rule is not a significant regulatory action 
under section 3(f) of Executive Order 12866, Regulatory Planning 
and Review, as supplemented by Executive Order 13563, Improving 
Regulation and Regulatory Review, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) 
of Executive Order 12866 or under section 1 of Executive Order 
13563. The Office of Management and Budget has not reviewed it 
under those Orders. There is no vessel traffic associated with 
recreational boating and commercial fishing expected during the 
effective period, and vessels may seek permission from the 
Captain of the Port Baltimore to enter and transit the zone. 

2. Impact on Small Entities 

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
have considered the impact of this proposed rule on small 
entities. The Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule will not have a significant economic impact on 
a substantial number of small entities. This proposed rule would 
affect the following entities, some of which might be small 
entities: the owners or operators of vessels intending to 
operate or transit through or within the security zone during the 
enforcement period. Although the security zone will apply to the 
entire width of the Potomac and Anacostia Rivers, traffic may be 
allowed to pass through the zone with the permission of the 
Captain of the Port Baltimore. Before the effective period, 
maritime advisories will be widely available to the maritime 
community. Additionally, given the time of year this event is 
scheduled, the vessel traffic is expected to be minimal. 

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. 

3. Assistance for Small Entities 

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 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, above. The Coast 
Guard will not retaliate against small entities that question or 
complain about this proposed rule or any policy or action of the 
Coast Guard. 

4. Collection of Information 

This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3520.). 

5. Federalism 

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 determined that this rule does 
not have implications for federalism. 

6. 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. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 15311538) 
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. 

8. Taking of Private Property 

This proposed rule would not cause a taking of private 
property or otherwise have taking implications under Executive 
Order 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights. 

9. Civil Justice Reform 

This proposed rule meets applicable standards in sections 
3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, 
to minimize litigation, eliminate ambiguity, and reduce burden. 

10. Protection of Children from Environmental Health Risks 

We have analyzed this proposed rule under Executive Order 
13045, Protection of Children from Environmental Health Risks and 
Safety Risks. This rule is not an economically significant rule 
and would not create an environmental risk to health or risk to 
safety that might disproportionately affect children. 

11. Indian Tribal Governments 

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. 

12. Energy Effects 

This proposed rule is not a “significant energy action” 
under Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use. 

13. Technical Standards 

This proposed rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards. 

14. 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 (NEPA)(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 establishing a 
temporary security zone. This rule is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A preliminary environmental analysis 
checklist supporting this determination and a 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. 

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 

1. The authority citation for part 165 continues to read as 
follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1. 

2. Add § 165.T05-0938 to read as follows: 

§ 165.0938 Security Zone, Potomac and Anacostia Rivers; 
Washington, DC. 

(a) Location. The following area is a security zone: 

(1) All 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 between the Virginia shoreline and the District of Columbia 
shoreline along latitude 38°50'00"N, including the waters of the 
Georgetown Channel Tidal Basin; and 

(2) All waters of the Anacostia River, from shoreline to 
shoreline, bounded on the north by the 11th Street (I-295) Bridge 
at mile 2.1, downstream to and bounded on the south by its 
confluence with the Potomac River. All coordinates refer to 
datum NAD 1983. 

(b) Regulations. The general security zone regulations 
found in 33 CFR 165.33 apply to the security zone created by this 
temporary section, § 165.T05.0938. 

(1) All persons are required to comply with the general 
regulations governing security zones found in 33 CFR 165.33. 

(2) Entry into or remaining in this zone is prohibited 
unless authorized by the Coast Guard Captain of the Port 
Baltimore. Vessels already at berth, mooring, or anchor at the 
time the security zone is implemented do not have to depart the 
security zone. All vessels underway within this security zone at 
the time it is implemented are to depart the zone. 

(3) Persons desiring to transit the area of the security 
zone must first obtain authorization from the Captain of the Port 
Baltimore or his designated representative. Permission may be 
requested prior to activation of the zone. To seek permission to 
transit the area, the Captain of the Port Baltimore and his 
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 Baltimore 
or his designated representative and proceed at the minimum speed 
necessary to maintain a safe course while within the zone. 

(4) Enforcement. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the zone by Federal, State, and 
local agencies. 

(c) Definitions. As used in this section: 

Captain of the Port Baltimore means the Commander, U.S. 
Coast Guard Sector Baltimore, Maryland. 

Designated representative means any Coast Guard 
commissioned, warrant, or petty officer who has been authorized 
by the Captain of the Port Baltimore to assist in enforcing the 
security zone described in paragraph (a) of this section. 

(d) Effective period. This section will be enforced from 8 
a.m. on January 15, 2013 through 10 p.m. on January 24, 2013. 

Dated: November 15, 2012. 

Brian W. Roche 
Commander, U.S. Coast Guard 
Acting Captain of the Port Baltimore.