[Federal Register Volume 72, Number 5 (Tuesday, January 9, 2007)]
[Rules and Regulations]
[Pages 905-907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-58]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-06-120]
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 
encompassing certain waters of the Potomac River and Anacostia River in 
order to safeguard high-ranking public officials from terrorist acts 
and incidents. This action is necessary to ensure the safety of persons 
and property, and prevent terrorist acts or incidents. This rule 
prohibits vessels and people 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 8 a.m. on January 23, 2007, through 
8 a.m. on January 24, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-06-120 and are available for 
inspection or copying at Commander, Coast Guard Sector Baltimore, 2401 
Hawkins Point Road, Baltimore, Maryland 21226-1791, between 8 a.m. and 
3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, Waterways Management 
Division, at Commander, Coast Guard Sector Baltimore, 2401 Hawkins 
Point Road, Baltimore, Maryland 21226-1791, telephone number (410) 576-
2674.

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 and for making this rule 
effective less than 30 days after publication in the Federal Register. 
The Department of Homeland Security designated the January 23, 2007 
State of the Union Address a National Special Security Event (NSSE). 
The Coast Guard is establishing this security zone to support the 
United States Secret Service, the designated lead Federal agency for an 
NSSE, in their efforts to coordinate security operations and establish 
a secure environment for this highly visible and publicized event. This 
temporary security zone of short duration is necessary to provide for 
the security of high-ranking United States officials and the public at 
large. Additionally, the publication of an NPRM is contrary to the 
public interest, as immediate action is required to address the ongoing 
threat to U.S. national interests.
    For the same reasons, 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. The measures 
contemplated by the rule are intended to protect the public by 
preventing waterborne acts of terrorism, which terrorists have 
demonstrated a capability to carry out. Immediate action is needed to 
defend against and deter these terrorist acts. Any delay in the 
effective date of this rule is contrary to public and national 
interests.

Background and Purpose

    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 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

[[Page 906]]

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 
to address the aforementioned security concerns and to take steps to 
prevent the catastrophic impact that a terrorist attack against a 
gathering of high-ranking United States officials at or near the U.S. 
Capitol Building would have. This temporary security zone applies to 
all waters of the Potomac River, 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. Vessels underway at the time this security zone is 
implemented will immediately proceed out of the zone. We will issue 
written and broadcast Notices to Mariners to further publicize the 
security zone and any revisions to the zone.
    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.

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 
may be small entities: The owners or operators of vessels intending to 
operate, transit or anchor on the Potomac River, 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, from 8 a.m. on January 23, 2007 through 
8 a.m. on January 24, 2007. This security zone will not have a 
significant economic impact on a substantial number of small entities 
due to a lack of seasonal vessel traffic associated with recreational 
boating and commercial fishing during the effective period. Further, 
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. If your 
small business or organization would be affected by this final rule and 
you have questions concerning its provisions or options for compliance, 
please contact one of the points of contact listed under FOR FURTHER 
INFORMATION CONTACT.
    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 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

[[Page 907]]

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 
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. This rule establishes a security zone.
    Under figure 2-1, paragraph (34)(g), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are available in the docket.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Vessels, 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. Add temporary Sec.  165.T05-120 to read as follows:


Sec.  165.T05-120  Security Zone; Potomac and Anacostia Rivers, 
Washington, DC and Arlington and Fairfax Counties, VA.

    (a) Definitions. For the purposes of this section, Captain of the 
Port Baltimore means the Commander, U.S. Coast Guard Sector Baltimore, 
Maryland and any Coast Guard commissioned, warrant, or petty officer 
who has been authorized by the Commander, U.S. Coast Guard Sector 
Baltimore, Maryland to act as a designated representative on his 
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 apply to the security zone described in 
paragraph (b) of this temporary section.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the Captain of the Port Baltimore or his designated 
representative. Except for Public vessels and vessels at berth, mooring 
or at anchor, all vessels in this zone are to depart the security zone.
    (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 Marine Band Radio, 
VHF-FM 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.
    (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 8 a.m. 
on January 23, 2007, through 8 a.m. on January 24, 2007.

    Dated: December 18, 2006.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E7-58 Filed 1-8-07; 8:45 am]
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