[Federal Register Volume 72, Number 162 (Wednesday, August 22, 2007)]
[Rules and Regulations]
[Pages 46897-46899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16479]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. CGD05-07-080]
RIN 1625-AA87


Security Zone; M/V Odyssey III, Global Air Chiefs Conference, 
Upper 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 in 
certain waters of the Upper Potomac River surrounding the motor vessel 
Odyssey III, a 230-foot passenger vessel. This action is necessary in 
order to ensure the security of high-ranking public officials and 
safeguard the public at large against terrorist acts or incidents 
during activities associated with a dinner cruise held in conjunction 
with the Global Air Chiefs Conference, in Washington, DC, on September 
23, 2007. This rule prohibits vessels and people from entering the 
security zone and requires vessels and persons in the security zone to 
depart the zone, unless specifically exempt under the provisions in 
this rule or granted specific permission from the Coast Guard Captain 
of the Port Baltimore, Maryland, or his designated representative.

DATES: This rule is effective from 3 p.m. through 5 p.m. on September 
23, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-07-080 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

    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. The Coast Guard is 
establishing this temporary security zone to coordinate security 
operations and establish a secure environment for this highly visible 
and publicized event. The publication of an NPRM is impracticable and 
contrary to the public interest as there is not sufficient time to 
publish an NPRM and get comments before issuing a final rule.

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 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 before, during, and after the highly-publicized 
public event, and to take steps to prevent the catastrophic impact that 
a terrorist attack against high-ranking public officials and the public 
at large before, during, and after a dinner cruise held on the Upper 
Potomac River for visiting foreign dignitaries would have on the public 
interest, the Captain of the Port, Baltimore, Maryland is establishing 
a security zone upon waters of the Upper Potomac River, encompassing an 
area 100 yards in all directions around the passenger vessel Odyssey 
III while moored, underway or anchored on the Upper Potomac River. This 
security zone will help the Coast Guard to prevent vessels or persons 
from engaging in terrorist actions against a large number of 
participants during the event. Due to these heightened security 
concerns, and the catastrophic impact a terrorist attack on the 
passenger vessel Odyssey III would have on the large number of 
participants, and the surrounding area and communities, a security zone 
is prudent for this type of event.

Discussion of Rule

    From September 20, 2007, through September 29, 2007, the U.S. Air 
Force Chief of Staff (CSAF) will host the Global Air Chiefs Conference, 
in Washington, DC. In conjunction with this event, the CSAF has invited 
his counterparts from around the world to attend a dinner cruise on the 
Upper Potomac River on board the passenger vessel Odyssey III. The 
cruise will occur on Sunday, September 23, 2007. This security zone is 
necessary to prevent vessels or persons on waters of the Upper Potomac 
River, encompassing an area 100 yards in all directions around the 
passenger vessel Odyssey III while moored, underway or anchored, from 
approaching the vessel and thereby bypassing the security measures for 
the event established by the United States Air Force Office of Special 
Investigations. Vessel traffic in the Upper Potomac River will be 
restricted. Except for Public vessels and vessels at berth, mooring or 
at anchor, this rule requires all vessels in the designated security 
zone, as defined by this rule, underway at the time this security zone 
is implemented to immediately proceed out of the security zone. Entry 
into this zone is prohibited unless authorized by the Captain of the 
Port or his designated representative. The Captain of the Port will 
issue Notices to Mariners to

[[Page 46898]]

publicize the security zone and notify the public of changes in the 
status of the zone. Such notices will continue until the event has 
concluded.

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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. Although this rule prevents 
traffic from transiting a portion of the Upper Potomac River during the 
event, the effect of this rule will not be significant due to the 
limited size and duration of the security zone, the extensive 
notifications that will be made to the maritime community via marine 
information broadcasts, and vessel traffic not constrained by draft 
will be able to safely transit around the zone.

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, remain or anchor on the Upper Potomac River, encompassing an 
area 100 yards in all directions around the passenger vessel Odyssey 
III while moored, underway or anchored on the Upper Potomac River, from 
3 p.m. to 5 p.m. on September 23, 2007. This rule 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 2 hours, and 
vessels not constrained by draft, which usually are small entities, may 
safely transit around the zone. In addition, the Coast Guard will issue 
maritime advisories which will be widely available to users of the 
Upper Potomac River before the effective period.

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.
    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). 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 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.

[[Page 46899]]

    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.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' will be 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, 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.T05-080 to read as follows:


Sec.  165.T05-080  Security Zone; M/V Odyssey III, Global Air Chiefs 
Conference, Upper Potomac River, Washington, DC.

    (a) Definitions. (1) For purposes of this section, designated 
representative 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 behalf.
    (b) Location. The following area is a security zone: All waters of 
the Upper Potomac River, encompassing an area 100 yards in all 
directions around the motor vessel Odyssey III while moored, underway 
or anchored on the Upper Potomac River.
    (c) Regulations. (1) The general security zone regulations in 33 
CFR part 165, subpart D, apply to the security zone described in 
paragraph (a) 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, 
or his designated representative.
    (3) Persons or vessels requiring entry into or passage through the 
security zone must first request authorization from the Captain of the 
Port, Baltimore, or his designated representative, for 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, or his designated representative, and 
proceed at the minimum speed necessary to maintain a safe course while 
within the zone.
    (4) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the zone by Federal, State, and local agencies.
    (d) Enforcement period. This section will be enforced from 3 p.m. 
through 5 p.m. on September 23, 2007.

    Dated: August 7, 2007.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.

[FR Doc. E7-16479 Filed 8-21-07; 8:45 am]
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