[Federal Register Volume 67, Number 76 (Friday, April 19, 2002)]
[Proposed Rules]
[Pages 19365-19367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9679]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-02-018]
RIN 2115-AA97


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

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing a temporary security 
zone in the waters of the Potomac River off Fort Lesley J. McNair, 
Washington, DC during the May 31, 2002, U.S. Coast Guard Chief of 
Staff's retirement ceremony. The security zone is necessary to provide 
for the security and safety of life and property of event participants, 
spectators and mariners on U.S. navigable waters during the event. 
Entry into this zone is prohibited unless authorized by the Captain of 
the Port, Baltimore, Maryland, or designated representative.

[[Page 19366]]


DATES: Comments and related material must reach the Coast Guard on or 
before May 20, 2002.

ADDRESSES: You may mail comments and related material to the Port 
Safety, Security and Waterways Management Branch, at Commander, U.S. 
Coast Guard Activities Baltimore, 2401 Hawkins Point Road, Baltimore, 
Maryland, 21226-1791. U.S. Coast Guard Activities Baltimore, Port 
Safety, Security and Waterways Management Branch 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 U.S. Coast Guard Activities 
Baltimore, Port Safety, Security and Waterways Management Branch 
between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Ronald L. Houck, Port Safety, Security 
and 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 (CGD05-02-
018), 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 
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.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commander, U.S. Coast Guard 
Activities Baltimore at the address under ADDRESSES explaining why one 
would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a 
separate notice in the Federal Register.

Background and Purpose

    The Coast Guard will conduct a retirement ceremony along the 
Washington Channel at Washington, DC. A security zone is needed to 
protect dignitaries taking part in the high-level military ceremony 
from potential threats posed by waterborne acts of sabotage or other 
subversive acts. The purpose of the proposed regulation is to promote 
maritime safety and protect participants and spectators during the 
event. These regulations will impact the movement of all vessels 
operating in the specified area on the Washington Channel at 
Washington, DC.

Discussion of Proposed Rule

    The U.S. Coast Guard Chief of Staff's retirement ceremony will be 
held at Fort Lesley J. McNair, Washington, D.C. on May 31, 2002. The 
event will consist of a background comprised of the U.S. Coast Guard 
Cutter EAGLE anchored adjacent to Fort McNair on the confined waters of 
the Washington Channel of the Potomac River. A security zone is needed 
from 9 a.m. to 2 p.m. on May 31, 2002 to safeguard event participants 
and spectators. U.S. Coast Guard patrol vessels will be provided to 
prevent the movement of persons and vessels in an area approximately 
200 yards wide and 450 yards long within Washington Channel. Entry into 
this zone is prohibited unless authorized by the Captain of the Port or 
his or her designated representative. The Captain of the Port will 
notify the public of changes in the status of the zone by a Marine 
Safety Radio Broadcast.

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 
Transportation (DOT) (44 FR 11040, February 26, 1979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. This 
temporary rule affects a limited area for approximately five hours, and 
will not completely close the navigable channel. Therefore, the Coast 
Guard expects the economic impact of this proposal to be so minimal 
that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DOT is unnecessary.

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. Because this proposal will only be in effect 
for a limited amount of time, and extensive advisories will be made to 
the affected maritime community so that they may adjust their schedules 
accordingly, the Coast Guard expects the impact of this proposal to be 
minimal.
    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 (Pub. L. 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 Ronald L. Houck, 
Port Safety, Security and Waterways 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.

[[Page 19367]]

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 
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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation because of the limited duration and scope 
of the regulation. A ``Categorical Exclusion Determination'' is 
available in the docket where indicted under ADDRESSES.

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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
    2. Add Sec. 165.T05-018 to read as follows:


Sec. 165.T05-018  Security Zone; Potomac River, Washington Channel, 
Washington, D.C.

    (a) Location. The following area is a security zone: all waters of 
the Potomac River, from surface to bottom, encompassed by lines 
connecting the following points, beginning at 38 deg. 52'03" N, 
077 deg. 01'07" W, thence to 38 deg. 52'03" N, 077 deg. 01'14" W, 
thence to 38 deg. 51'50" N, 077 deg. 01'16" W, thence to 38 deg. 51'50" 
N, 077 deg. 01'07" W, thence to 38 deg. 52'03" N, 077 deg. 01'07" W. 
These coordinates are based upon NAD 1983.
    (b) Regulations. (1) In accordance with Sec. 165.33, entry into 
this zone is prohibited unless authorized by the Coast Guard Captain of 
the Port, Baltimore, Maryland, or his or her designated representative. 
Section 165.33 also contains other general requirements.
    (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 (156.8 MHz) or VHF channel 22 (157.1 MHz) to seek 
permission to transit the area. If permission is granted, all persons 
and vessels shall 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 9 a.m. through 
2 p.m. on May 31, 2002.

    Dated: April 4, 2002.
R. B. Peoples,
Captain, U.S. Coast Guard,
Captain of the Port, Baltimore, Maryland.
[FR Doc. 02-9679 Filed 4-18-02; 8:45 am]
BILLING CODE 4910-15-P