[Federal Register Volume 70, Number 11 (Tuesday, January 18, 2005)]
[Rules and Regulations]
[Pages 2806-2808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-961]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-04-210]
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 from
January 14 through January 25, 2005, encompassing certain waters of the
Potomac and Anacostia Rivers. This action is necessary to provide for
the security of persons and property, and prevent terrorist acts or
incidents during the 2005 Presidential Inauguration activities in
Washington, DC. This rule prohibits vessels and persons 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 4 a.m. local time on January 14,
2005, through 10 p.m. local time on January 25, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-04-210 and are available for inspection or
copying at Coast Guard Activities Baltimore, Waterways Management
Branch, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, at Coast Guard
Activities Baltimore, Waterways Management Branch, at telephone number
(410) 576-2674 or (410) 576-2693.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 3, 2004, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zone; Potomac and Anacostia Rivers,
Washington, DC and Arlington and Fairfax Counties, Virginia'' in the
Federal Register (69 FR 70211). We received no letters commenting on
the proposed rule. No public meeting was requested, and none was held.
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. Immediate action is needed to
protect the public from waterborne acts of sabotage or terrorism. Any
delay in the effective date of this rule is impractical and contrary to
the public interest.
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
[[Page 2807]]
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 Baltimore is establishing a security zone
for the 2005 Presidential Inauguration activities in Washington, DC to
address the aforementioned security concerns and to take steps to
prevent the catastrophic impact that a terrorist attack against a large
gathering of high-ranking officials and spectators in Washington, DC,
would have. This security zone applies to all waters of the Potomac
River from shoreline to shoreline bounded by the Woodrow Wilson
Memorial Bridge upstream to the Key Bridge, including 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, from January 14 through January 25, 2005. 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. 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 Captain of the Port 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 Comments and Changes
The Coast Guard received no comments on the proposed rule during
the comment period published in the NPRM. No public meeting was
requested, and none was held. As a result, no change to the proposed
regulatory text was made.
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
might be small entities: The owners or operators of vessels intending
to operate or transit on a portion of the Potomac River, from the
surface to the bottom, from the Woodrow Wilson Memorial Bridge upstream
to the Key Bridge, including 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 because 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. 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 so that they can better evaluate its effects on
them and participate in the rulemaking. 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 Mr. Ronald Houck, at Coast Guard Activities Baltimore,
Waterways Management Branch, at telephone number (410) 576-2674.
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 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
[[Page 2808]]
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, from further environmental
documentation. This regulation establishes a security zone. A final
``Environmental Analysis Check List'' and a final ``Categorical
Exclusion Determination'' are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard temporarily
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 Sec. 165.T05-210 to read as follows:
Sec. 165.T05-210 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.
(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) of this section.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Baltimore. 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 Captain of
the Port 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.
(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.
(4) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(d) Effective period. This section will be effective from 4 a.m.
local time on January 14, 2005, through 10 p.m. local time on January
25, 2005.
Dated: January 7, 2005.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore,
Maryland.
[FR Doc. 05-961 Filed 1-12-05; 4:06 pm]
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