[Federal Register: May 4, 2004 (Volume 69, Number 86)]
[Proposed Rules]
[Page 24552-24554]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my04-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-04-057]
RIN 1625-AA00
Security Zone; Potomac River, Washington, DC and Arlington and
Fairfax Counties, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary security
zone, May 27 through May 30, 2004, encompassing the waters of the
Potomac River in order to safeguard a large number of high-ranking
officials and spectators from terrorist acts and incidents. This action
is necessary to ensure the safety of 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: Comments and related material must reach the Coast Guard on or
before May 19, 2004.
ADDRESSES: You may mail comments and related material to Commander,
U.S. Coast Guard Sector Baltimore, 2401 Hawkins Point Road, Building
70, Ports and Waterways Department, Baltimore, Maryland, 21226-1791.
The Ports and Waterways Department of Coast Guard Sector Baltimore
maintains the public docket for this rulemaking. Comments and material
received from the public, as well as documents indicated in this
preamble as being available in the docket, will become part of this
docket and will be available for inspection or copying at the Ports and
Waterways Department of Coast Guard Sector Baltimore between 8 a.m. and
4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald L. Houck, at Coast Guard
Sector Baltimore, Waterways Management Branch, at telephone number
(410) 576-2674.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-04-
057), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
that your submission reached us, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them. If as we anticipate--because of the
closeness of the event, we make the final rule effective less than 30
days after publication in the Federal Register, we will explain our
good cause for doing so in the final rule, as required by 5 U.S.C.
553(d)(3).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Ports and Waterways Department
of Coast Guard Sector Baltimore at the address under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold
[[Page 24553]]
one at a time and place announced by a separate notice in the Federal
Register.
Background and Purpose
Terrorist attacks on September 11, 2001, inflicted catastrophic
human casualties and property damage. These attacks highlighted the
terrorists' ability and desire to utilize multiple means in different
geographic areas to increase their opportunities to successfully carry
out their mission, thereby maximizing loss of life and destruction of
property using multiple terrorist acts.
Since the September 11, 2001 terrorist attacks on the World Trade
Center in New York, the Pentagon in Arlington, Virginia and Flight 93
in Pennsylvania, the Federal Bureau of Investigation (FBI) has issued
several warnings concerning the potential for additional terrorist
attacks within the United States. The threat of maritime attacks is
real as evidenced by the October 2002 attack on a tank vessel off the
coast of Yemen and the prior attack on the USS COLE. These attacks
manifest a continuing threat to U.S. assets as described in the
President's finding in Executive Order 13273 of August 21, 2002 (67 FR
56215, September 3, 2002) that the security of the U.S. is endangered
by the September, 11, 2001 attacks and that such disturbances continue
to endanger the international relations of the United States. See also
Continuation of the National Emergency with Respect to Certain
Terrorist Attacks, (67 FR 58317, September 13, 2002); Continuation of
the National Emergency With Respect to Persons Who Commit, Threaten To
Commit, or Support Terrorism, (67 FR 59447, September 20, 2002). The
ongoing hostilities in Afghanistan and conflict in Iraq have made it
prudent for U.S. ports and waterways to be on a higher state of alert
because the Al Qaeda organization and other similar organizations have
declared an ongoing intention to conduct armed attacks on U.S.
interests worldwide.
The Captain of the Port is establishing a security zone to address
the aforementioned security concerns and to take steps to prevent the
catastrophic impact that a terrorist attack against a large gathering
of spectators and high-ranking officials at or near the National Mall
in Washington, DC would have. This temporary security zone applies to
all waters of the Georgetown Channel of the Potomac River, from the
surface to the bottom, between the Long Railroad Bridge to the
Arlington Memorial Bridge and all waters in between, including the
waters of the Georgetown Channel Tidal Basin from May 27 through May
30, 2004. Vessels underway at the time this security zone is
implemented will immediately proceed out of the zone. We will issue
Broadcast Notices to Mariners to further publicize the security zone
and any revisions to the zone. This security zone is issued under
authority contained in 50 U.S.C. 191 and 33 U.S.C. 1226.
Except for Public vessels and vessels at berth, mooring or at
anchor, this rule temporarily requires all vessels in the designated
security zone as defined by this rule to depart the security zone.
However, the COTP may, in his discretion grant waivers or exemptions to
this rule, either on a case-by-case basis or categorically to a
particular class of vessel that otherwise is subject to adequate
control measures.
Discussion of Proposed Rule
On Saturday, May 29, 2004, nearly 59 years after the end of World
War II, the National World War II Memorial will be dedicated in
Washington, DC at 2 p.m. local time. The Memorial Day weekend
celebration on the National Mall will culminate an 11-year effort to
honor America's World War II generation. The official dedication
celebration will span 4 days, and includes several ``Tribute to a
Generation'' dedication events. The security zone will be in effect
from May 27 through May 30, 2004.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
The operational restrictions of the security zone are tailored to
provide the minimal interruption of vessel operations necessary to
provide immediate, improved security for persons, vessels, and the
waters of the Potomac River in Washington, DC. Additionally, this
security zone is temporary in nature and vessels and facilities can
appeal to the Captain of the Port for a waiver of the requirements of
the security zone. Any hardships experienced by persons or vessels are
outweighed by the national interest in protecting high ranking
officials and the public at large from the devastating consequences of
acts of terrorism, and from sabotage or other subversive acts,
accidents, or other causes of a similar nature.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would 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 less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This rule will affect the following entities,
some of which may be small entities: the owners or operators of vessels
intending to operate or transit on the Georgetown Channel of the
Potomac River, from the surface to the bottom, between the Long
Railroad Bridge (the most eastern bridge of the 5-span, Fourteenth
Street Bridge complex) to the Arlington Memorial Bridge and all waters
in between, including the waters of the Georgetown Channel Tidal Basin.
This security zone will not have a significant economic impact on a
substantial number of small entities because vessels with compelling
interests that outweigh the port's security needs may be granted
waivers from the requirements of the security zone.
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.
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 so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Mr. Ronald L.
Houck, at Coast Guard Sector Baltimore, Waterways
[[Page 24554]]
Management Branch, at telephone number (410) 576-2674.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 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.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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.
Protection of Children
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.
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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation.
Under figure 2-1, paragraph (34)(g) of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
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. 1226,1231; 46 U.S.C. Chapter 701; 50 U.S.C.
191, 195; 33 CFR 1.05-1(g), 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 Sec. 165.T05-057 to read as follows:
Sec. 165.T05-057 Security Zone; Potomac River, Washington, DC and
Arlington and Fairfax Counties, Virginia.
(a) Location. The following area is a security zone: All waters of
the Georgetown Channel of the Potomac River, from the surface to the
bottom, between the Long Railroad Bridge (the most eastern bridge of
the 5-span, Fourteenth Street Bridge complex) to the Arlington Memorial
Bridge and all waters in between, including the waters of the
Georgetown Channel Tidal Basin.
(b) Regulations. (1) Entry into or remaining in this zone is
prohibited unless authorized by the Coast Guard Captain of the Port,
Baltimore, Maryland. Except for Public vessels and vessels at berth,
mooring or at anchor, all vessels in this zone are to depart the
security zone. However, the COTP may, in his discretion grant waivers
or exemptions to this rule, either on a case-by-case basis or
categorically to a particular class of vessel that otherwise is subject
to adequate control measures.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 410-576-2693 or on
VHF channel 16 (157.8 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
(d) Effective period. This section is effective from 4 a.m. local
time on May 27, 2004, through 10 p.m. local time on May 30, 2004.
Dated: April 2, 2004.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 04-10112 Filed 5-3-04; 8:45 am]
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