20 June 2006

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[Federal Register: June 20, 2006 (Volume 71, Number 118)]

[Rules and Regulations]               

[Page 35393-35395]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr20jn06-10]                         





[[Page 35393]]



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DEPARTMENT OF HOMELAND SECURITY



Coast Guard



33 CFR Part 165



[CGD05-06-014]

RIN 1625-AA87



 

Security Zone; Georgetown Channel, Potomac River, Washington, DC



AGENCY: Coast Guard, DHS.



ACTION: Temporary final rule.



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SUMMARY: The Coast Guard is establishing a temporary security zone on 

the waters of the upper Potomac River. This action is necessary to 

provide for the security of a large number of visitors to the annual 

July 4th celebration on the National Mall in Washington, DC. The 

security zone will allow for control of a designated area of the river 

and safeguard spectators and high-ranking officials.



DATES: This rule is effective from 12:01 a.m. to 11:59 p.m. local time 

on July 4, 2006.



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 CGD05-06-014 and are available for inspection or 

copying at Coast Guard Sector Baltimore, Waterways Management Division, 

between 8 a.m. and 3 p.m., Monday through Friday, except Federal 

holidays.



FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, at Coast Guard 

Sector Baltimore, Waterways Management Division, at telephone number 

(410) 576-2674 or (410) 576-2693.



SUPPLEMENTARY INFORMATION:



Regulatory Information



    On April 3, 2006, we published a notice of proposed rulemaking 

(NPRM) entitled ``Security Zone; Georgetown Channel, Potomac River, 

Washington, D.C.'' in the Federal Register (71 FR 16531). 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



    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 Captain of the Port Baltimore 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.

    In this particular rulemaking, to address the aforementioned 

security concerns, and to take steps to prevent the catastrophic impact 

that a terrorist attack against a large number of spectators and high-

ranking officials during the annual July 4th celebration would have on 

the public interest, the Coast Guard is establishing a security zone 

upon all waters of the Georgetown Channel of the Potomac River, from 

the surface to the bottom, 75 yards from the eastern shore measured 

perpendicularly to the shore, between the Long Railroad Bridge (the 

most eastern bridge of the 5-span, Fourteenth Street Bridge Complex) to 

the Theodore Roosevelt Memorial Bridge and all waters in between, 

totally including the waters of the Georgetown Channel Tidal Basin.

    This security zone will help the Coast Guard to prevent vessels or 

persons from engaging in terrorist actions against a large number of 

spectators and high-ranking officials during the annual July 4th 

celebration. Due to these heightened security concerns, and the 

catastrophic impact a terrorist attack on the National Mall in 

Washington, DC, during the annual July 4th celebration would have on 

the large number of spectators and high-ranking officials, and the 

surrounding area and communities, a security zone is prudent for this 

type of event.



Discussion of Comments and Change



    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).

    This security zone will encompass only a small portion of the 

waterway and vessels or persons may be allowed to enter this zone with 

permission of the Captain of the Port, Baltimore, Maryland.



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 transit or anchor in a portion of the Potomac River (including the 

waters of the Georgetown Channel Tidal Basin) from 12:01 a.m. to 11:59 

p.m. on July 4, 2006.

    This security zone will not have a significant economic impact on a 

substantial number of small entities for the following reasons. This 

rule will be in effect for twenty-four hours and the security zone will 

only apply to 75 yards of the Potomac River (from the eastern shore 

measured perpendicularly to the shore), and not the entire width of the 

river. Smaller vessels not constrained by their draft, which are more 

likely to be small entities, may safely transit around the security 

zone. Additionally, before the effective period, the Coast Guard will 

issue maritime advisories widely available to users of the river to 

allow mariners to make alternative plans for transiting the affected 

areas. Because the zone is of limited size, it is expected that there 

will be minimal disruption to the maritime community.



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



[[Page 35394]]



could better evaluate its effects on them and participate in the 

rulemaking process. However, we received no requests for assistance 

from any small entities.



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 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 

and Department of Homeland Security Management Directive 5100.1, 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 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; Public 

Law 107-295, 116 Stat. 2064; Department of Homeland Security 

Delegation No. 0170.1.





0

2. Add Sec.  165.T05-014 to read as follows:





Sec.  165.T05-014  Security Zone; Georgetown Channel, Potomac River, 

Washington, DC.



    (a) Definitions. For purposes of this section, Captain of the Port, 

Baltimore, Maryland means the Commander, Coast Guard Sector Baltimore, 

Maryland or any Coast Guard commissioned, warrant, or petty officer who 

has been authorized by the Captain of the Port, Baltimore, Maryland to 

act on his or her behalf.

    (b) Location. The following area is a security zone: All waters of 

the Georgetown Channel of the Potomac River, from the surface to the 

bottom, 75 yards from the eastern shore measured perpendicularly to the 

shore, between the Long Railroad Bridge (the most eastern bridge of the 

5-span, Fourteenth Street Bridge Complex) to the Theodore Roosevelt 

Memorial Bridge and all waters in between, totally 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, Maryland.

    (3) Persons or vessels requiring entry into or passage through the 

security zone must first request authorization from the Captain of the 

Port, Baltimore to seek permission to transit the area. The Captain of 

the Port, Baltimore, Maryland can be contacted at telephone number 

(410) 576-2693. The Coast Guard vessels enforcing this section can



[[Page 35395]]



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, Maryland 

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 12:01 

a.m. through 11:59 p.m. local time on July 4, 2006.



    Dated: June 9, 2006.

Brian D. Kelley,

Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.

 [FR Doc. E6-9659 Filed 6-19-06; 8:45 am]



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