[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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