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.
[FR Doc. 2012-28790 Filed 11/27/2012 at 8:45 am; Publication Date: 11/28/2012]
DEPARTMENT OF HOMELAND SECURITY
33 CFR Part 165
[Docket Number USCG-2012-0938]
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 Guards 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
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.
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
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
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°5000N, 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
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
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
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.
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
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
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
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;
(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
(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.