[Federal Register Volume 71, Number 118 (Tuesday, June 20, 2006)]
[Rules and Regulations]
[Pages 35393-35395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9659]



[[Page 35393]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-06-014]
RIN 1625-AA87


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 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: This rule is effective from 12:01 a.m. to 11:59 p.m. local time 
on July 4, 2006.

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 CGD05-06-014 and are 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:

Regulatory Information

    On April 3, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone; Georgetown Channel, Potomac River, 
Washington, D.C.'' in the Federal Register (71 FR 16531). 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

    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 establishing a security zone 
upon all waters of the Georgetown Channel of the Potomac River, from 
the surface to the bottom, 75 yards from the eastern shore measured 
perpendicularly to the shore, 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, 
totally 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 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 Comments and Change

    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).
    This security zone will encompass only a small portion of the 
waterway and vessels or persons may be allowed to enter this zone with 
permission of the Captain of the Port, Baltimore, Maryland.

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 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, 2006.
    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 twenty-four hours and the security zone will 
only apply to 75 yards of the Potomac River (from the eastern shore 
measured perpendicularly to the shore), and not the entire width of the 
river. Smaller vessels not constrained by their draft, which are more 
likely to be small entities, may safely transit around the security 
zone. 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.

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

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could better evaluate its effects on them and participate in the 
rulemaking process. However, we received no requests for assistance 
from any small entities.

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 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 
and Department of Homeland Security Management Directive 5100.1, 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 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; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T05-014 to read as follows:


Sec.  165.T05-014  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 
the Georgetown Channel of the Potomac River, from the surface to the 
bottom, 75 yards from the eastern shore measured perpendicularly to the 
shore, 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, totally 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 requiring entry into or passage through the 
security zone 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

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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, Maryland 
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 12:01 
a.m. through 11:59 p.m. local time on July 4, 2006.

    Dated: June 9, 2006.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
 [FR Doc. E6-9659 Filed 6-19-06; 8:45 am]
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