[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Rules and Regulations]
[Pages 29615-29621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10152]
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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: Final rule.
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SUMMARY: The Coast Guard is finalizing regulations for a security zone
for certain waters of the Potomac River to prevent waterside threats
and incidents while persons protected by the United States Secret
Service (USSS) are at the Trump National Golf Club at Potomac Falls,
VA. This regulation prohibits vessels and people from entering the
security zone unless specifically exempt under the provisions in this
rule or granted specific permission from the COTP Maryland-National
Capital Region or a designated representative. This regulation also
governs activities of vessels and persons already in the security zone
when it is activated.
[[Page 29616]]
DATES: This rule is effective June 17, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0448 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MD-DNR Maryland Department of Natural Resources
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
USSS United States Secret Service
II. Basis and Purpose, and Regulatory History
The United States Coast Guard is finalizing regulations for a
security zone that encompasses certain waters of the Potomac River next
to the Trump National Golf Club at Potomac Falls, VA. The Coast Guard
published an interim rule, ``Security Zone; Potomac River, Montgomery
County, MD'' on July 10, 2017 (82 FR 31719). In accordance with 5
U.S.C. 553(b)(B), the rule was made immediately effective. Although
immediately effective, the Coast Guard provided the public with a 30-
day post-effective comment period. After reviewing the public input,
the Coast Guard published a second interim rule, ``Security Zone;
Potomac River, Montgomery County, MD'' on March 21, 2019 (84 FR 10420),
which responded to comments received and made modifications to the
rule. In accordance with 5 U.S.C. 553(b)(B), the March 2019 interim
rule was made immediately effective, but the Coast Guard provided the
public with a 90-day post-effective comment period on the modified
rule. During the comment period on the March 2019 interim rule, which
ended June 19, 2019, we received six comments.
III. Legal Authority and Need for Rule
Under the Ports and Waterways Safety Act, the Coast Guard has
authority to establish water or waterfront safety zones, or other
measures, for limited, controlled, or conditional access and activity
when necessary for the protection of any vessel, structure, waters, or
shore area, 46 U.S.C. 70011(b)(3). This rule safeguards the lives of
persons protected by the Secret Service, and of the general public, by
enhancing the safety and security of navigable waters of the United
States during heightened security events at the Trump National Golf
Club at Potomac Falls, Virginia. The Coast Guard will activate the
security zone when requested by the USSS for the protection of USSS
protectees when they are at the Trump National Golf Club. The USSS
provides protection to individuals either pursuant to 18 U.S.C. 3056 or
pursuant to a Presidential memorandum. The Coast Guard is issuing this
rule under authority in 46 U.S.C. 70034, as delegated by Department of
Homeland Security Delegation no. 0170.1, section II, paragraph 70, from
the Secretary of DHS to the Commandant of the U.S. Coast Guard, and
further redelegated by 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5 to the
Captains of the Port.
III. Discussion of Comments
As noted above, we received six submissions in response to our
second interim rule, published March 21, 2019. The comments are
available for public inspection at www.regulations.gov under docket
USCG-2017-0448.
The comments raised a total of nine questions or concerns that we
address below.
1. Can the Coast Guard clarify that transits that occur from
Violette's Lock to Seneca Falls and the George Washington Canal do not
occur within the security zone, and therefore, are not subject to the
security zone requirements in the 2019 IFR?
Persons and vessels transiting from Violett's Lock to Seneca Falls
and the George Washington Canal are outside the security zone and are
not subject to the transit restrictions imposed by the security zone at
any time, including when the security zone is being enforced. The March
2019 interim rule incorrectly indicated in a comment response that
these waterway users would need to transit through the security zone.
The regulatory text itself was correct; the error was in the preamble
language.
2. Could the Coast Guard create a 50-yard restricted area on the
Virginia side for slow-moving waterway traffic?
The Coast Guard established the security zone at the request of,
and in coordination with, the USSS. The design of the security zone is
needed to support security measures required during heightened security
events at the Trump National Golf Club while USSS protectees are
present. As discussed in the March 2019 rule, the Coast guard manages
waterborne security risk by maintaining positive control of entry into
the zone and keeping a minimum stand-off distance from the Virginia
shoreline for all vessels. A corridor on the Virginia side would not
allow this positive control of the area being protected.
3. The rule is burdensome to older, slower recreational paddlers,
and may discourage them from using the waterway.
The COTP will provide sufficient notice of the security zone's
activation and enforcement period for persons to schedule, coordinate
and adjust their transit schedules. If paddlers are on the water within
the zone when activated, the Coast Guard will allow these paddlers
adequate time to proceed safely out of the zone at a reasonable rate of
speed. But, no paddlers will be allowed to loiter within the zone.
4. Can the transit zone be located outside of the security zone?
The Coast Guard, with USSS, has determined that given the width of
the waterway at this location, the width of the security zone, from
shore to shore, is required at the request of the USSS. When the
security zone is activated, a transit lane will be provided along the
Maryland shoreline that will allow river traffic to transit after
permission is granted by the COTP Maryland-National Capital Region or a
designated representative in consultation with the USSS.
5. What does getting permission from the COTP entail?
Persons and vessel operators intending to enter or transit the
security zone (including the transit lane) while the zone is being
enforced must obtain authorization from the COTP or designated
representative. To obtain authorization, persons and vessel operators
must contact the COTP or designated representative by phone at 410-576-
2675, on marine band radio VHF-FM channel 16 (156.8 MHz), or by
visually or verbally hailing the on-scene law enforcement vessel
enforcing the zone. Access to the security zone during enforcement will
be determined by the COTP or designated representative on a case-by-
case basis. The Coast Guard does not issue authorizations to enter the
zone in the form of permits. The Coast Guard does not provide
authorization to enter the security zone in advance.
6. Will the Government continue to consider how this particular
security
[[Page 29617]]
zone (and future zones) impact the First Amendment rights of citizens?
As stated in our March 2019 interim final rule, the Coast Guard
agrees that First Amendment considerations must be evaluated during the
rulemaking process for actions taken by the Coast Guard. The Coast
Guard believes that this zone is narrowly tailored and minimizes
intrusion into the rights of protestors while providing necessary
security measures for persons protected by the USSS. As stated in the
``Protest Activities'' section of the Regulatory Analysis portion of
both the July 2017 interim final rule, the March 2019 interim final
rule, and this current action, the Coast Guard respects the First
Amendment rights of protestors. 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. The Coast Guard's authority is limited to actions within our
jurisdiction.
7. Enforcement personnel should be appropriately and continuously
trained on the security zone's boundaries and regulations.
To ensure proper application of the regulation, the Coast Guard
holds pre-mission briefings prior to each activation of the zone that
discuss the regulation, including visual landmarks demarcating the
zone's boundaries that personnel should use when enforcing the zone. In
addition to the pre-mission briefing, enforcement personnel are
provided a written informational bulletin prior to each activation. The
Coast Guard will continue to coordinate enforcement efforts with the
other government agencies assisting with enforcement.
8. Notice should be posted on federal land at Violette's Lock,
Riley's Lock and at Algonkian Park when the security zone is in effect,
with the estimated time that security zone enforcement will end, and a
reminder of the phone number to which the public can call to check the
enforcement status.
As stated in the March 2019 interim rule, for security and
logistical reasons the Coast Guard can only provide minimal advance
notice of activation. The COTP Maryland-National Capital Region will
notify waterway users and the boating community of activation of the
security zone via Broadcast Notice to Mariners (BNM), an information
release at the website: www.news.uscg.mil/Baltimore/ and by a recorded
message at telephone number (410) 576-2675. As the commenter stated in
their comment, during recent activations of the security zone, law
enforcement personnel have been assigned to the boat ramp at Riley's
Lock to inform members of the public that the security zone is in
effect. But, it is not feasible to have law enforcement officials
present at all launch sites each time the security zone is activated.
9. Will there be additional regulations put into place by
Government agencies that further restrict the public's use of land or
water in an effort to support the vacation and recreation activities of
high-level government officials.
The Coast Guard's authority is limited to actions within our
jurisdiction. The USSS is tasked with providing the highest level of
security for certain individuals, and has requested the Coast Guard's
assistance in this location. The need for and level of security does
not change based on the activities of protected individuals. In the
March 2019 interim rule, and affirmed in this final rule, the Coast
Guard shortened the size of the security zone and added the transit
lane along the Maryland shore to provide an opportunity for the public
to enjoy the river while persons protected by the USSS participate
safely in their chosen activities.
IV. Discussion of the Rule
The Coast Guard is adopting the text of the rule from the March
2019 IR with one change. The Coast Guard is amending the text of the
rule to reflect that the USSS provides protection to individuals
pursuant to a Presidential memorandum in addition to those persons
listed at 18 U.S.C. 3056. This rule affirms the security zone to
include all navigable waters of the Potomac River, from shoreline to
shoreline, within an area bounded on the west by a line connecting the
following points: latitude 39[deg]03'44.7'' N, longitude
077[deg]21'47'' W, thence north to latitude 39[deg]04'03'' N, longitude
077[deg]21'47'' W, and bounded on the east by a line connecting the
following points: latitude 39[deg]04'04'' N, longitude 077[deg]19'58''
W, thence south to latitude 39[deg]03'41.35'' N, longitude
077[deg]20'05.30'' W. This rule provides an area within the security
zone along the Maryland shoreline, designated the ``Transit lane,''
including a definition and the restrictions that apply within the lane
to waterway users. However, permission for waterways users to operate
within this lane will be determined by the COTP, or designated
representative. The public can learn the status of the security zone
via an information release for the public via website
www.news.uscg.mil/Baltimore/ and a recorded message at telephone number
(410) 576-2675.
Entry into the security zone is prohibited while the zone is in
force, unless public use of the transit lane is specifically authorized
by the COTP Maryland-National Capital Region or a designated
representative. Except for public vessels, this rule will require all
vessels in the designated security zone 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 security of persons protected by the USSS while
at Trump National Golf Club. The COTP Maryland-National Capital Region
will notify waterway users and the boating community of the security
zone, via BNM, an information release at the website:
www.news.uscg.mil/Baltimore/ and a recorded message at telephone number
(410) 576-2675.
V. Regulatory Analyses
The Coast Guard developed this rule after considering numerous
statutes and Executive orders related to rulemaking. The Coast Guard
summarizes its analyses based on a number of these statutes and
Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 \1\ direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 \2\ directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
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\1\ https://www.federalregister.gov/documents/2011/01/21/2011-1385/improving-regulation-and-regulatory-review.
\2\ https://www.federalregister.gov/documents/2017/02/03/2017-02451/reducing-regulation-and-controlling-regulatory-costs.
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This regulatory action determination is based on the following
reasons: (1) The public may move through the area along the Maryland
shoreline using the dedicated transit lane during the enforcement of
the security zone with permission from the COTP or COTP's designated
representative, (2) the security zone will be enforced only as required
by the USSS and for only the period of time necessary, and (3) the
[[Page 29618]]
COTP Maryland-National Capital Region will notify waterway users and
the boating community of the security zone via BNM, an information
release at the website: www.news.uscg.mil/Baltimore/ and a recorded
message at telephone number (410) 576-2675.
A regulatory evaluation and Regulatory Flexibility Analysis follows
and provides an evaluation of the economic impacts associated with this
rule. In this final rule, the Coast Guard affirms the revisions to the
security zone which were made in the 2019 interim rule. This final rule
also affirms the geographic boundaries for the security zone which were
published in the interim final rule of March 21, 2019. These boundaries
reflect changes from the boundaries in the interim final rule of July
10, 2017. The following table provides a summary of the rule's costs
and qualitative benefits.
Table 1--Summary of the Rule's Impacts
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Category Summary
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Potentially Affected Population... Operators of summer camps; operators
of kayak and watercraft instruction
schools; recreational boaters
including kayakers, water ski
users, stand up paddle boarders
(SUPs); fishermen; waterfowl
hunters; nonprofit organizations;
exercisers, owners of residences
near the area, political protesters
as well as federal agencies such as
the Coast Guard and the USSS The
rule also may indirectly impact
some federal agencies. State \3\
and local law enforcement and
recreational/park authorities in
the area may have interests.
Costs............................. Does not impose additional direct
costs on the public or to the Coast
Guard.
Unquantified Benefits............. * Reinforces an established Security
Zone.
* Helps secure area to meet
objectives of the USSS.
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Affected Population
The Coast Guard does not collect data on the vessels and
individuals that use this area of the Potomac River. Based on comments
to the Coast Guard's original interim final rule (dated July 10, 2017),
the Coast Guard estimates that this rule affects recreational boaters
including kayakers, personal water craft (PWCs) operators,\4\ and
stand up paddle boarders (SUPs); persons using the area for exercise
activities; fishermen; commercial vessel operators; and political
protesters. This final rule impacts the Coast Guard and the U.S. Secret
Service (USSS) directly. No governmental jurisdictions at the State,
Tribal or municipal level will be impacted directly by this final rule.
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\3\ The Potomac River falls in the State of Maryland. Maryland
law enforcement personnel and vessels (http://dnr.maryland.gov/nrp/Pages/default.aspx) of the Maryland Natural Resources Police (MNRP)
have participated in past security zone enforcements. A CG officer
will deploy on a MNRP boat during an enforcement.
\4\ Predominately this includes jet ski users.
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Exact numbers are not available, but the Coast Guard estimates the
total size of the population affected by this final rule to be in the
hundreds. The Coast Guard attempted to collect further data by using
the U.S. Geological Survey's satellite technology. The technology was
not detailed enough to do a count of individuals such as swimmers or
inner tube users. Likewise, the technology was not precise enough to
tally vessels as small as a kayak or SUP. The comments suggested the
number these vessels ranged from ``a dozen'' to ``thousands.'' The most
often cited of these estimates was ``hundreds.'' We received no
comments on affected population in response to the March 21, 2019,
interim final rule.
The Coast Guard also sought an estimate from its personnel who
manage enforcement of the security zone. The Coast Guard does not
normally collect data on the number of vessels and individuals that use
this area. Onsite personnel estimated up to six recreational vessels
and up to 25 kayakers transiting during the typical enforcement of the
security zone.
Costs
This final rule affirms the existing security zone established by
the March 2019 interim rule (84 FR 10420, March 21, 2019). The security
zone covers waters of the Potomac River next to Trump National Golf
Club at Potomac Falls, VA, and prevents waterside threats and incidents
while persons protected by the USSS are at the club. It continues to
prohibit vessels and people from entering the security zone unless
specifically exempt under the provisions in this rule or granted
specific permission from the COTP Maryland-National Capital Region or
designated representative. This final rule also governs activities of
vessels and persons already in the security zone when activated. This
rule will not require any entity to take action beyond what was already
required under the 2019 interim final rule. As a result, this final
rule does not impose additional direct costs on the public or to the
Coast Guard. A description of the rule's provisions follows.
Section 165.557(a) establishes the definitions. These definitions
do not add direct cost to the public or Government. The definition of
``vessel'' establishes the applicability of these regulations to a
multitude of watercraft including but not limited to kayaks, stand up
paddleboards (SUPs) and inner tubes. Therefore, the rule will apply to
users of these types of vessels.
Section 165.557(b) describes where the security zone is located.
Actions that are necessitated when a security zone is declared are
specified in existing regulations. Under 33 CFR 165.7(a), when the
establishment of these limited access areas occurs, notification may be
made by marine broadcasts, local notice to mariners, local news media,
distribution in leaflet form, and on-scene oral notice, as well as
publication in the Federal Register. Entering or remaining in the
security zone is prohibited unless authorized by the COTP or a
designated representative in consultation with the USSS when the
security zone is being enforced. Section 165.557(d) requires that the
COTP provide notice of enforcement of the security zone by Broadcast
Notice to Mariners, information release at the website, and pre-
recorded message at telephone number, as well as on-scene notice.
The Coast Guard received a comment during the March 21, 2019,
interim final rule's comment period on training. A commenter \5\
requested USCG conduct training for personnel. The Coast Guard conducts
pre-mission briefings prior to each activation of the zone. In addition
to the pre-mission briefing, enforcement personnel are provided a
written informational bulletin prior to each activation.\6\ The pre-
mission briefings
[[Page 29619]]
are conducted by a Coast Guard officer (O-3) and are attended by Coast
Guard personnel ranking from E-4 to O-3, and may also be attended
voluntarily by local law enforcement and USSS personnel. This pre-
mission briefing may occur as part of other briefing tasks.
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\5\ https://www.regulations.gov/document?D=USCG-2017-0448-0645.
\6\ This paperwork task is exempt from the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) because the
material is produced by Federal personnel and distributed to Federal
personnel.
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The final rule may result in indirect costs to the public in the
form of opportunity costs for lost leisure time to access to the
restricted area of the Potomac River. Onsite Coast Guard personnel have
reported that no queue of recreational or commercial vessels has
occurred with previous enactments of the security zone. For this
reason, the Coast Guard has not computed a cost of the final rule for
this issue.
With regard to the other effects of the final rule's provisions,
the final rule does result in actions being taken by the Coast Guard
and USSS directly, but it does not result in any new costs or burdens.
The impact that this final rule will have on these two Federal agencies
is considered part of their mission and responsibility, and thus part
of their current responsibilities to the public and other Federal
entities.
Benefits
This security zone is necessary to prevent waterside threats and
incidents for events held at Trump National Golf Clubhouse when persons
protected by the USSS are at the club.
No comments on the benefits of the rulemaking were received in
response to the March 21, 2019, interim final rule.
Regulatory Alternatives Considered
The Coast Guard considered whether any alternative could accomplish
the stated objectives and minimize any significant economic impact on
small entities. In developing this final rule, the Coast Guard
considered the following alternatives:
(1) Issue a rule that would not require any vessel to get
permission from the Coast Guard prior to entering the transit lane,
with or without changes to the zone's boundaries described in the July
10, 2017, interim final rule.
(2) Issue a rule that would not require human-powered vessels to
get permission from the Coast Guard prior to entering the transit lane,
with or without changes to the zone's boundaries described in the July
10, 2017, interim final rule.
(3) Return boundaries to the July 10, 2017, interim final rule.
Alternative 1: Issue a rule that would not require any vessel to
get permission from the Coast Guard prior to entering the transit lane,
with or without changes to the zone's boundaries described in the July
10, 2017, interim final rule.
The Coast Guard considered issuing a rulemaking that did not
require any vessel to obtain permission from the COTP or the designated
representative prior to entering the transit lane. But, the Coast Guard
rejected this option because this approach would undermine the security
measures this rule intends to provide. This option would have allowed
persons with harmful intent immediate access to the Trump National Golf
Club shoreline while USSS protectees were present. Instead, the Coast
Guard chose to continue to allow vessels to use the transit lane as
conditions permit and with approval from the COTP or designated
representative. This helps the Coast Guard manage waterborne security
risk by maintaining positive control of entry into the zone and keeping
a minimum stand-off distance from the Virginia shoreline for all
vessels.
Alternative 2: Issue a rule that would not require human-powered
vessels to get permission from the Coast Guard prior to entering the
transit lane, with or without changes to the zone's boundaries
described in the July 10, 2017, interim final rule.
The Coast Guard considered amending the security zone to require
only powered vessels to get permission from the COTP or the designated
representative prior to entering the transit lane. Under this option,
human-powered vessels such as kayaks, canoes, and paddleboards would
not need permission from the COTP or designated representative before
entering the transit lane. We rejected this option because this
approach would have undermined the security measures this final rule
intends to provide. An exemption for paddle craft would allow persons
with harmful intent immediate access to the Trump National Golf Club
shoreline while USSS protectees were present. Instead, the Coast Guard
will continue maintaining a shoreline-to-shoreline security zone
activated when USSS protectees are present and will continue to allow
vessels to use the transit lane as conditions permit. This helps the
Coast Guard manage waterborne security risk by maintaining positive
control of entry into the zone and keeping a minimum stand-off distance
from the Virginia shoreline for all vessels.
Alternative 3: Return boundaries to the July 10, 2017, interim
final rule.
The Coast Guard considered issuing a rule which would have used the
boundaries as promulgated in the interim final rule of July 10, 2017.
The boundaries of the 2017 interim final rule are wider than the
boundaries of the 2019 interim final rule and this final rule. This
alternative would have excluded a provision which was favored by the
public \7\ and is part of the preferred alternative (i.e., the 2019 IFR
and this final rule). The alternative would have restricted a larger
area of the river and would have had a greater impact on the public.
This alternative would not provide any increased security over the
preferred alternative adopted in this final rule. For these reasons,
the Coast Guard chose to adopt the less restrictive 2019 interim final
rule.
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\7\ Commenters (USCG-2017-0448-0059, USCG-2017-0448-0038, USCG-
2017-0448-0008, USCG-2017-0448-0067, USCG-2017-0448-0050, USCG-2017-
0448-0144, USCG-2017-0448-0099, USCG-2017-0448-0104, USCG-2017-0448-
0172, USCG-2017-0448-0183) supported a transit lane; albeit it may
have not been referred to as such in their comments.
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The preferred alternative (this final rule) affirms the
establishment of a security zone with a transit lane to accommodate the
public, in the same configuration that was established by the 2019
interim rule. This final rule also affirms the communication methods
the Coast Guard will use to inform the public about the rule's
enforcement.
B. Impact on Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we
considered whether this final rule will have a significant economic
impact on a substantial number of small entities. 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 fewer than
50,000 people.
As described in the ``Regulatory Planning and Review'' section, the
Coast Guard expects this final rule to result no direct costs to any
entities, including small entities. There are potential indirect costs
for some entities. The affected population for the indirect costs
consists of private individuals who own recreational vessels or who
engage in recreational activities in this area of the Potomac River,
commercial entities and nonprofits which have activities or operate
vessels in this area of the Potomac and governmental entities.
Although some owners or operators of vessels intending to transit
the security zone may be small entities, for the reasons stated in
Section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator. No governmental
[[Page 29620]]
jurisdictions at the State, Tribal or municipal level will be impacted
directly by this final rule. Thus, the compliance with this final rule
does not represent a significant economic impact on small entities.
The Coast Guard received no comments on its small entities analysis
in the March 21, 2019, interim final rule.
The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this final rule will not have a significant economic
impact on a substantial number of small entities.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this 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 Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Tribal governments, on the relationship between the Federal
Government and Tribal governments, or on the distribution of power and
responsibilities between the Federal Government and Tribal governments.
If you believe this rule has implications for federalism or Tribal
relationships, 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 will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
The Coast Guard has analyzed this rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969(42 U.S.C. 4321-4370f), and has
determined 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 a security zone that prohibits entry on
specified waters of the Potomac River during frequently occurring
heightened security events. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons stated in the preamble, the Coast Guard amends 33
U.S.C. part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
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2. Revise 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 (COTP) 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 to enforce the security zone described in paragraph (b)(1) of this
section.
Public vessel has the same meaning as that term is defined under 46
U.S.C. 2101.
(b) Location. Coordinates used in this section are based on datum
NAD 83.
(1) Security zone. The following area is a security zone: All
navigable waters of the Potomac River, from shoreline to shoreline,
within an area bounded on the west by a line connecting the following
points: Latitude 39[deg]03'44.7'' N, longitude 077[deg]21'47'' W,
thence north to latitude 39[deg]04'03'' N, longitude 077[deg]21'47'' W,
and bounded on the east by a line connecting the following points:
Latitude 39[deg]04'04'' N, longitude 077[deg]19'58'' W, thence south to
latitude 39[deg]03'41.35'' N, longitude 077[deg]20'05.30'' W.
(2) Transit lane. All waters within the Potomac River, contiguous
with the Maryland shoreline and extending out into the Potomac River
approximately 250 yards, within an area bounded by a line connecting
the following points: Beginning at the Maryland shoreline at latitude
39[deg]04'03'' N, longitude 077[deg]21'47'' W, thence south to latitude
39[deg]03'55.3'' N, longitude 077[deg]21'47'' W, thence east to
latitude 39[deg]03'56.8'' N, longitude 077[deg]20'00.3'' W, thence
north to the Maryland shoreline at latitude 39[deg]04'04'' N, longitude
077[deg]19'58'' W, thence back along the shoreline to the originating
point.
(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 (b)(1) of this section is
prohibited unless authorized by the COTP or designated representative
when the aforementioned security zone is being enforced. At the start
of each enforcement, all persons and vessels within the security zone
must depart the zone immediately or obtain authorization from the COTP
or designated representative to remain within the zone. All vessels
authorized to remain in the zone shall proceed as directed by the COTP
or designated representative.
(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 29621]]
COTP or designated representative. Access to the zone will be
determined by the COTP or designated representative on a case-by-case
basis when the zone is enforced. Persons and vessel operators
requesting permission to enter or transit the security zone may contact
the COTP or designated representative at telephone number 410-576-2675,
on marine band radio VHF-FM channel 16 (156.8 MHz), or by visually or
verbally hailing the on-scene law enforcement vessel enforcing the
zone. On-scene Coast Guard personnel enforcing 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 COTP or designated representative to
enter the security zone all persons and vessels must comply with the
instructions of the COTP or designated representative and proceed at
the minimum speed necessary to maintain a safe course while within the
security zone.
(3) The transit lane, described in paragraph (b)(2) of this
section, is the only part of the security zone through which persons
and vessels may travel. Before entering the transit lane, persons or
vessels must have authorization as described in paragraph (c)(2) of
this section. All persons and vessels shall operate at bare steerage or
no-wake speed while transiting through the lane, and must not loiter,
stop, or anchor, unless authorized or otherwise instructed by the COTP
or a designated representative.
(4) The U.S. Coast Guard may secure the entire security zone,
including transit lane, if deemed necessary to address security threats
or concerns.
(5) 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 (b)(1) of this section.
(d) Enforcement. The Coast Guard activates the security zone when
requested by the U.S. Secret Service for the protection of individuals
who qualify for protection under 18 U.S.C 3056(a) or Presidential
memorandum. The COTP will provide the public with notice of enforcement
of security zone by Broadcast Notice to Mariners (BNM), information
release at the website: www.news.uscg.mil/Baltimore/ and via a recorded
message at telephone number (410) 576-2675 as well as on-scene notice
by designated representative or other appropriate means in accordance
with Sec. 165.7.
Dated: April 27, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2020-10152 Filed 5-15-20; 8:45 am]
BILLING CODE 9110-04-P