Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations 1753 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the FAA Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6010(a)—Domestic VOR Federal 

Airways 

* * * * * 

V–170 [Amended] 

From Devils Lake, ND; INT Devils Lake 

187° and Jamestown, ND, 337° radials; 

Jamestown; Aberdeen, SD; Sioux Falls, SD; 

Worthington, MN; Fairmont, MN; Rochester, 

MN; Nodine, MN; Dells, WI; INT Dells 097° 

and Badger, WI, 304° radials; Badger; INT 

Badger 121° and Pullman, MI, 282° radials; 

Pullman; Salem, MI. From Erie, PA; 

Bradford, PA; Slate Run, PA; Selinsgrove, 

PA; Ravine, PA; INT Ravine 125° and 

Modena, PA, 318° radials; Modena; Dupont, 

DE; INT Dupont 223° and Andrews, MD, 060° 

radials; to INT Andrews 060° and Baltimore, 

MD, 165° radials. The airspace within R– 

5802 is excluded. 

Issued in Washington, DC, on December 6, 

2012. 

Gary A. Norek, 

Manager, Airspace Policy & ATC Procedures 

Group. 

[FR Doc. 2013–00288 Filed 1–7–13; 11:15 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2012–1067] 

RIN 1625–AA87 

Security Zone, Potomac and Anacostia 

Rivers; Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

encompassing certain waters of the 

Potomac River and Anacostia River. 

This action is necessary to safeguard 

persons and property, and prevent 

terrorist acts or incidents. 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. 

DATES: This rule is effective from 

January 29, 2013 until January 30, 2013. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2012–1067. 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 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Ronald L. Houck, at Sector 

Baltimore Waterways Management 

Division, Coast Guard; telephone 410– 

576–2674, email 

Ronald.L.Houck@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. Regulatory History and Information 

The Coast Guard is issuing this 

temporary final 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 it is 

impractical and contrary to public 

interest to delay the effective date of this 

rule. The Coast Guard was unable to 

publish a NPRM and hold a comment 

period for this rulemaking due to the 

short time period between event 

planners notifying the Coast Guard of 

the event and publication of this 

security zone. As such, it is 

impracticable to provide a full comment 

period due to lack of time. Furthermore, 

delaying the effective date of this 

security zone would be contrary to the 

public interest given the high risk of 

injury and damage to the President, U.S. 

Capitol Building, 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 rule effective less than 30 

days after publication in the Federal 

Register. Due to the need for immediate 

action, the restriction of vessel traffic is 

necessary to protect life, property and 

the environment, therefore, a 30-day 

notice period is impractical. Delaying 

the effective date would be contrary to 

the security zone’s intended objectives 

of protecting the President, U.S. Capitol 

Building, high-ranking United States 

officials and the public, as it would 

introduce vulnerability to the maritime 

safety and security of the President, U.S. 

Capitol Building and high-ranking 

United States officials, as well as that of 

the general public. 

B. Basis and Purpose 

The President will address the nation 

on January 29, 2013. During this event, 

a gathering of high-ranking United 

States officials is expected to take place 

at the U. S. Capitol Building in 

Washington, DC, in close proximity to 

navigable waterways within the Captain 

of the Port’s Area of Responsibility. 

The Coast Guard has given each Coast 

Guard Captain of the Port the ability to 

implement comprehensive port security 

regimes designed to safeguard human 

life, vessels, and waterfront facilities 

while still sustaining the flow of 

commerce. The Captain of the Port 

Baltimore is establishing this security 

zone to protect the President, U.S. 

Capitol Building, high-ranking United 

States officials and the public, mitigate 

potential terrorist acts, and enhance 

public and maritime safety and security 

in order to safeguard life, property, and 

the environment on or near the 

navigable waters. 

C. Discussion of the Final Rule 

Through this regulation, the Coast 

Guard will establish a security zone. 

The security zone will be in effect from 

4 p.m. on January 29, 2013 until 2 a.m. 

on January 30, 2013. The security zone 

will include all navigable waters of the 


srobinson on DSK4SPTVN1PROD with 
1754 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations 

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 

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 (datum NAD 1983). This 

location is entirely within the Area of 

Responsibility of the Captain of the Port 

Baltimore, as set forth at 33 CFR 3.25– 

15. 

This rule requires any unauthorized 

persons in the regulated area at the time 

this security zone is implemented to 

immediately proceed out of the zone. 

Except for vessels at berth, mooring, or 

at anchor, this rule temporarily requires 

all vessels in the designated security 

zone as defined by this rule to 

immediately depart the security zone. 

Entry into this security zone is 

prohibited, unless specifically 

authorized by the Captain of the Port 

Baltimore. U.S. Coast Guard personnel 

will be provided to prevent the 

movement of unauthorized persons into 

the zone. Federal, state, and local 

agencies may assist the Coast Guard in 

the enforcement of this rule. The Coast 

Guard will issue Notices to Mariners 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. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This 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. Although this security zone 

restricts vessel traffic through the 

affected area, the effect of this regulation 

will not be significant due to the limited 

duration that the regulated area will be 

in effect. Given the time of year this 

event is scheduled, vessel traffic is 

expected to be minimal. In addition, 

notifications will be made to the 

maritime community so mariners may 

adjust their plans accordingly. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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 will not have a 

significant economic impact on a 

substantial number of small entities. 

This rule may 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. The 

security zone will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. The security zone is 

of limited duration. 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. 

Additionally, given the time of year this 

event is scheduled, vessel traffic is 

expected to be minimal. Before the 

effective period, maritime advisories 

will be widely available to the maritime 

community. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this 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. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). 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. 

4. 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). 

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 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

INTFORMATION 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. 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. 

8. Taking of Private Property 

This rule will 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 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. 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations 1755 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

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 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 action 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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. 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 

(NEPA)(42 U.S.C. 4321–4370f), and 

have 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 

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. This rule involves 

establishing a temporary security zone. 

An environmental analysis checklist 

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 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 amends 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.T05–1067 to read as 

follows: 

§ 165.T05–1067 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.T05–1067. 

(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. 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 or any Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port to act on his behalf. 

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 rule is 

effective from 4 p.m. on January 29, 

2013 until 2 a.m. on January 30, 2013. 

(e) Enforcement period. This section 

will be enforced from 4 p.m. on January 

29, 2013 until 2 a.m. on January 30, 

2013. 

Dated: December 16, 2012. 

Kevin C. Kiefer, 

Captain, U.S. Coast Guard, Captain of the 

Port Baltimore. 

[FR Doc. 2013–00217 Filed 1–8–13; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. 2010–3] 

Refunds Under the Cable Statutory 

License 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Office is 

amending its regulations to clarify its 

practices for providing refunds of cable 

royalties under the provisions of the 

Satellite Television Extension and 


srobinson on DSK4SPTVN1PROD with