[Federal Register: February 1, 2005 (Volume 70, Number 20)]
[Rules and Regulations]
[Page 5050-5052]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe05-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-05-004]
RIN 1625-AA87
Security Zone; Potomac and Anacostia Rivers, Washington, DC and
Arlington and Fairfax Counties, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone
encompassing the waters of the Potomac and Anacostia Rivers in order to
safeguard high-ranking public officials 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: This rule is effective from 8 a.m. eastern standard time on
February 2, 2005 through 8 a.m. eastern standard time on February 3,
2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-05-004 and are available for
inspection or copying at Commander, Coast Guard Activities Baltimore,
2401 Hawkins Point Road, Baltimore, Maryland 21226-1791, between 9 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, Waterways Management
Branch, at Commander, Coast Guard Activities Baltimore, 2401 Hawkins
Point Road, Baltimore, Maryland 21226-1791, telephone number (410) 576-
2674.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM and for making this rule
effective less than 30 days after publication in the Federal Register.
The Department of Homeland Security designated the 2005 State of the
Union Address a National Special Security Event (NSSE) on January 7,
2005. The Coast Guard is establishing this security zone to support the
United States Secret Service, the designated lead Federal agency for an
NSSE, in their efforts to coordinate security operations and establish
a secure environment for this highly visible and publicized event. This
temporary security zone of short duration is necessary to provide for
the security of high-ranking United States officials and the public at
large. Additionally, the publication of an NPRM is contrary to the
public interest as our Nation continues its heightened security
posture. Therefore, immediate action is
[[Page 5051]]
required to address the ongoing threat to U.S. national interests.
For the same reasons, 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. The measures
contemplated by the rule are intended to protect the public by
preventing waterborne acts of terrorism, which terrorists have
demonstrated a capability to carry out. Immediate action is needed to
defend against and deter these terrorist acts. Any delay in the
effective date of this rule is contrary to public and national
interests.
Background and Purpose
The U.S. Maritime Administration (MARAD) in Advisory 02-07 advised
U.S. shipping interests to maintain a heightened state of alert against
possible terrorist attacks. MARAD more recently issued Advisory 03-06
informing operators of maritime interests of increased threat
possibilities to vessels and facilities and a higher risk of terrorist
attack to the transportation community in the United States. The
ongoing hostilities in Afghanistan and 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.
Due to increased awareness that future terrorist attacks are
possible the Coast Guard, as lead Federal agency for maritime homeland
security, has determined that the Coast Guard Captain of the Port must
have the means to be aware of, deter, detect, intercept, and respond to
asymmetric threats, acts of aggression, and attacks by terrorists on
the American homeland while still maintaining our freedoms and
sustaining the flow of commerce. This security zone is part of a
comprehensive port security regime designed to safeguard human life,
vessels, and waterfront facilities against sabotage or terrorist
attacks.
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 gathering of
high-ranking United States officials at or near the U.S. Capitol
Building would have. This temporary security zone applies to all waters
of the Potomac River, from the Woodrow Wilson Memorial Bridge upstream
to the Key Bridge, and the waters of the Anacostia River downstream
from the Highway 50 Bridge to the confluence with the Potomac River,
including the waters of the Georgetown Channel Tidal Basin. Vessels
underway at the time this security zone is implemented must 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.
Regulatory Evaluation
This 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).
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
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 Potomac River, from the Woodrow Wilson
Memorial Bridge upstream to the Key Bridge, or on the waters of the
Anacostia River downstream from the Highway 50 Bridge to the confluence
with the Potomac River, 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 due to the lack of
seasonal vessel traffic associated with recreational boating and
commercial fishing during the effective period. Further, vessels with
compelling interests that outweigh the port's security needs may be
granted waivers from the requirements of the security zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If your
small business or organization would be affected by this final rule and
you have questions concerning its provisions or options for compliance,
please contact one of the points of contact listed under FOR FURTHER
INFORMATION CONTACT.
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).
Collection of Information
This rule calls 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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and
[[Page 5052]]
Interference with Constitutionally Protected Property Rights.
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.
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.
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.
Energy Effects
We have analyzed this 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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, an ``Environmental
Analysis Check List'' and a ``Categorical Exclusion Determination'' are
not required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Vessels, Waterways.
0
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
0
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
.0
2. Add temporary Sec. 165.T05-004 to read as follows:
Sec. 165.T05-004 Security Zone; Potomac and Anacostia Rivers,
Washington, DC and Arlington and Fairfax Counties, Virginia.
(a) Definitions. For the purposes of this section--
Captain of the Port Baltimore means the Commander, U.S. Coast Guard
Activities Baltimore, Maryland and any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Commander,
U.S. Coast Guard Activities Baltimore, Maryland to act as a designated
representative on his or her behalf.
State and/or local law enforcement officers means any State or
local government law enforcement officer who has the authority to
enforce State criminal laws.
(b) Location. The following area is a security zone: All waters of
the Potomac River, from shoreline to shoreline, bounded by the Woodrow
Wilson Memorial Bridge upstream to the Key Bridge, and all waters of
the Anacostia River, from shoreline to shoreline, downstream from the
Highway 50 Bridge to the confluence with the Potomac River, including
the waters of the Georgetown Channel Tidal Basin.
(c) Regulations. (1) The general regulations governing security
zones found in Sec. 165.33 of this part apply to the security zone
described in paragraph (b).
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Baltimore or his
designated representative. Except for Public vessels and vessels at
berth, mooring, or at anchor, all vessels in this zone are to depart
the security zone.
(3) Persons desiring to transit the area of the security zone must
first obtain authorization from the Captain of the Port Baltimore. To
seek permission to transit the area, the Captain of the Port Baltimore
can be contacted at telephone number (410) 576-2693. The Coast Guard
vessels enforcing this section can be contacted on VHF Marine Band
Radio, VHF channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast
Guard 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 and proceed at the minimum speed
necessary to maintain a safe course while within the zone.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Effective period. This section is effective from 8 a.m. eastern
standard time on February 2, 2005 through 8 a.m. eastern standard time
on February 3, 2005.
Dated: January 20, 2005.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 05-1760 Filed 1-31-05; 8:45 am]
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