[Federal Register Volume 71, Number 231 (Friday, December 1, 2006)]
[Proposed Rules]
[Pages 69517-69519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19678]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-06-105]
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 permanent 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 March 1, 2007.

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. 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 (CGD05-06-
105), 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. 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

    Due to increased awareness that future terrorist attacks are 
possible, including continued threats against U.S. interests by Al-
Queda and other terrorist organizations, 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, 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, as well as 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

[[Page 69518]]

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, 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 from 12:01 a.m. through 11:59 
p.m. local time annually on July 4. 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 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. annually on July 4th.
    This security zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. 
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 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

[[Page 69519]]

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 and Department of Homeland Security Management Directive 
5100.1, which guide 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.  165.508 to read as follows:


Sec.  165.508  Security Zone; Georgetown Channel, Potomac River, 
Washington, DC.

    (a) Definitions. (1) The 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) All persons are required to comply with the 
general regulations governing security zones found in Sec.  165.33 of 
this part.
    (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 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.
    (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) Enforcement period. This section will be enforced from 12:01 
a.m. to 11:59 p.m. local time annually on July 4.

    Dated: November 6, 2006.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore, 
Maryland.
[FR Doc. E6-19678 Filed 11-30-06; 8:45 am]
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