[Federal Register Volume 67, Number 88 (Tuesday, May 7, 2002)]
[Rules and Regulations]
[Pages 30557-30559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11275]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP BALTIMORE 02-002]
RIN 2115-AA97


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

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone

[[Page 30558]]

in the waters of Washington Channel on the Potomac River off Fort 
Lesley J. McNair, Washington, DC during the May 30, 2002, U.S. Coast 
Guard Commandant's Change of Command 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.

DATES: This rule is effective from 11 a.m. through 4 p.m. on May 30, 
2002.

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 COTP Baltimore 02-002 and are 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:

Regulatory Information

    On March 20, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled Security Zone; Potomac River, Washington Channel, 
Washington, DC in the Federal Register (67 FR 12947). We received no 
letters commenting on the proposed rule. No public hearing 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 dignitaries taking part in the high-level military ceremony 
from potential threats posed by waterborne acts of sabotage or other 
subversive acts. For the concerns noted, it is in the public interest 
to have this regulation in effect during the event.

Background and Purpose

    The Coast Guard will conduct a Change of Command ceremony along the 
Potomac River 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 Comments and Changes

    No comments were received; therefore, we have made no changes to 
the regulatory text.

Discussion of Rule

    The U.S. Coast Guard Commandant's Change of Command ceremony will 
be held at Fort Lesley J. McNair, Washington, DC on May 30, 2002. The 
event will consist of a background comprised of three U.S. Coast Guard 
vessels anchored adjacent to Fort McNair on the confined waters of the 
Washington Channel, on the Potomac River. A security zone is needed 
from 11 a.m. through 4 p.m. on May 30, 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 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 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 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 transit 
or anchor in a portion of the Washington Channel from 11 a.m. through 4 
p.m. on May 30, 2002. The zone will only encompass a limited area. 
Shallow water vessel traffic not constrained by draft can pass safely 
around the security zone. A lack of commercial vessel traffic exists in 
the area during the effective period. Maritime advisories on the Change 
of Command ceremony have been advertised and made widely available to 
users of the channel and will continue until the ceremony is complete.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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.
    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

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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. 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 rule and 
concluded that under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.1D, 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 for inspection or copying where indicated 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 amends 
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.T05-006 to read as follows:


Sec. 165.T05-006  Security Zone; Potomac River, Washington Channel, 
Washington, DC

    (a) Location. The following area is a security zone: all waters of 
the Washington Channel, 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 will be effective from 11 a.m. 
through 4 p.m. on May 30, 2002.

    Dated: April 23, 2002.
E.Q. Kahler,
Acting Commander, U.S. Coast Guard, Captain of the Port, Baltimore, 
Maryland.
[FR Doc. 02-11275 Filed 5-6-02; 8:45 am]
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