[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Proposed Rules]
[Pages 23948-23950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9077]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-05-033]
RIN 1625-AA87


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 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: Comments and related material must reach the Coast Guard on or 
before May 26, 2005.

ADDRESSES: You may mail comments and related material to Commander, 
Coast Guard Sector Baltimore, 2401 Hawkins Point Road, Building 70, 
Waterways Management Division, Baltimore, Maryland 21226-1791. Coast 
Guard Sector Baltimore, Waterways Management Division, maintains the 
public docket for this rulemaking. You may also submit comments 
electronically to [email protected]. 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 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:

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 (CGD05-05-
033), 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. You may also submit comments 
electronically to [email protected]. If you would like to know 
that 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 Coast Guard Sector Baltimore, 
Waterways Management Division, 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 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 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 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 proposing to establish a 
security zone upon all 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 and all waters in 
between, 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

[[Page 23949]]

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 Proposed Rule

    It is very likely that hundreds of thousands of visitors will 
attend the July 4th celebration on the National Mall in Washington, DC. 
The Captain of the Port, Baltimore, Maryland proposes to establish a 
security zone for the highly-publicized public event 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 spectators and high-ranking officials at or near the July 
4th celebration on the National Mall in Washington, DC, would have. 
This security zone applies to all 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 and 
all waters in between, including the waters of the Georgetown Channel 
Tidal Basin from 12:01 a.m. through 11:59 p.m. local time on July 4, 
2005. Vessels underway at the time this security zone is implemented 
must immediately proceed out of the zone. We will issue Broadcast 
Notices to Mariners to further publicize the security zone. This 
security zone is necessary to prevent vessels or persons on designated 
waters of the Potomac River (including the waters of the Georgetown 
Channel Tidal Basin) from going ashore and thereby bypassing the 
security perimeter established by the U.S. Park Police of the National 
Park Service for the event.

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 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS 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. This proposed rule would 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, 2005.
    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 24 hours. Although the security 
zone will apply to the entire width of the river, traffic may be 
allowed to pass through the zone at the direction of the Coast Guard 
Captain of the Port, Baltimore, Maryland. 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. Smaller vessels not constrained by their draft, 
which are more likely to be small entities, may request permission from 
the Captain of the Port Baltimore, Maryland on a case-by-case basis to 
enter the zone.
    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 the person listed 
under FOR FURTHER INFORMATION CONTACT. The Coast Guard will not 
retaliate against small entities that question or complain about this 
rule or any policy or action of the Coast Guard.

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.

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 an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 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

[[Page 23950]]

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. 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 draft ``Environmental Analysis Check 
List'' and a draft ``Categorical Exclusion Determination'' (CED) are 
available in the docket where indicated under ADDRESSES. Comments on 
this section will be considered before we make the final decision on 
whether the rule should be categorically excluded from further 
environmental review.

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. 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.

    2. Add Sec.  165.507 to read as follows:


Sec.  165.507  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 
Georgetown Channel of the Potomac River, from surface to bottom, 
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, 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 seeking entry into or passage through the 
security zone described in paragraph (b) of this section 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 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 must 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.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (e) Effective period. This section will be effective from 12:01 
a.m. to 11:59 p.m. local time on July 4, 2005.

    Dated: April 25, 2005.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 05-9077 Filed 5-5-05; 8:45 am]
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