[Federal Register Volume 69, Number 121 (Thursday, June 24, 2004)]
[Rules and Regulations]
[Pages 35247-35248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14371]



[[Page 35247]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-04-106]
RIN 1625-AA00


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 an anticipated 400,000 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 participants.

DATES: This rule is effective from 12:01 a.m. (local) through 11:59 
p.m. (local) on July 4, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-04-106 and are available for 
inspection or copying at Commander, Coast Guard Activities Baltimore, 
2401 Hawkins Point Road, Building 70, Baltimore, Maryland 21226, 
between 9 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Dulani Woods, Ports and 
Waterways Department, Port Safety and Security Branch, Phone: (410) 
576-2513 or 2693.

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. Delaying this regulation to 
allow for public notice and comment would be contrary to public 
interest. It is in the public interest to appropriately regulate the 
movement of vessels on the Upper Potomac River in order to improve 
security for this significant event.
    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. This temporary zone is of short 
duration and is necessary to provide for the security in a designated 
area. To delay the effective date would be contrary to the public 
interest. In addition, advance notice will be made via marine 
information broadcast and local media.

Background and Purpose

    On July 4, 2004, an anticipated 400,000 visitors will attend the 
annual July 4th celebration on the National Mall in Washington, D.C. 
This security zone is necessary to manage the large number of vessels 
on the waterway and will allow for control of the designated area and 
safeguard spectators and participants.

Discussion of Rule

    This rule designates a portion of the Potomac River from the Long 
Railroad Bridge (the most eastern bridge of the 5-span, Fourteenth 
Street Bridge complex) to the Theodore Roosevelt Memorial Bridge and 
all water in between as a security zone. Vessels may be allowed to 
enter this area, but may only do so with the permission of the Captain 
of the Port or his designated representatives. The Captain of the Port 
will make additional notifications via maritime advisories.

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).
    Although this rule creates a security zone, the effects of this 
rule will not be significant due to the limited duration of the 
regulation, the limited size of the designated area, and the extensive 
notifications that will be made to the maritime community via marine 
information broadcasts and local media. In addition, at the direction 
of the Captain of the Port or his designated representatives, mariners 
will be allowed to transit the designated area.

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 the Georgetown Channel, Potomac River from 12:01 a.m. to 
11:59 p.m. on July 4, 2004.
    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 less than twenty-four hours. Although the 
security zone will apply to the entire width of the river, traffic will 
be allowed to pass through the zone at the direction of the Coast Guard 
Captain of the Port or his designated representatives. Additionally, 
the Coast Guard will make notifications via marine advisories so that 
mariners can adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer 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 
entities desiring assistance with understanding this rulemaking can 
receive assistance by contacting the Coast Guard using the information 
under ADDRESSES.
    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

[[Page 35248]]

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, 
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 because this rulemaking is a security zone 
less than one week in duration. 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 security, Navigation (water), Reporting and record 
keeping 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; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. From 12:01 a.m. to 11:59 p.m. on July 4, 2004, add temporary Sec.  
165.T05-106 to read as follows:


Sec.  165.T05-106  Security zone; Georgetown Channel, Potomac River, 
Washington, DC.

    (a) Location. The following area is a security zone: The waters of 
the Georgetown Channel of the Potomac River, from the surface to the 
bottom, between the Long Railroad Bridge (the most eastern bridge of 
the 5-span, Fourteenth Street Bridge complex) to the Theodore Roosevelt 
Memorial Bridge, including the waters of the Georgetown Channel Tidal 
Basin.
    (b) Regulations. (1) All persons are required to comply with the 
general regulations governing security zones in 33 CFR 165.33.
    (2) Persons or vessels entering into or passing within the zone 
must follow the directions of the Captain of the Port, Baltimore, 
Maryland, or his designated representatives. Designates representatives 
include any Coast Guard commissioned, warrant, or petty officer.
    (3) The operator of any vessel within this zone shall:
    (i) Stop the vessel immediately upon being directed to do so by the 
Captain of the Port or his designated representative, and
    (ii) Proceed as directed by the Captain of the Port or his 
designated representative.
    (iii) If permitted to transit the zone by the Captain of the Port 
or his designated representative, proceed at the minimum speed 
necessary to maintain a safe course while within the zone.
    (iv) Persons desiring to contact the Captain of the Port may do so 
at telephone number (410) 576-2693 or via VHF Marine Band Radio channel 
16 (156.8 MHz).
    (c) 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 Date. The zone is effective from 12:01 a.m. (local) 
to 11:59 p.m. (local) on July 4, 2004.

    Dated: June 17, 2004.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 04-14371 Filed 6-23-04; 8:45 am]
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