[Federal Register Volume 73, Number 46 (Friday, March 7, 2008)]
[Proposed Rules]
[Pages 12318-12321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4463]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0114]
RIN 1625-AA87


Security Zone; Anacostia 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 encompassing certain waters of the Anacostia River in order to 
safeguard the public and high-ranking public officials attending a 
papal Mass on April 17, 2008, 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 would prohibit vessels 
and people from entering the security zone and would require 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: Comments and related material must reach the Coast Guard on or 
before April 7, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0114 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Mr. Ronald Houck, at Coast Guard Sector Baltimore, Waterways 
Management Division, at telephone number (410) 576-2674 or (410) 576-
2693. If you have questions on viewing or submitting material to the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0114), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, 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. Given the amount of time remaining 
before the papal Mass, after considering comments we anticipate making 
the temporary final rule effective less than 30 days after publication. 
If we do so, we will explain in that publication, as required by 5 
U.S.C. 553(d)(3), our good cause for doing so.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time, click on ``Search for Dockets,'' and enter the docket number 
for this rulemaking (USCG-2008-0114) in the Docket ID box, and click 
enter. You may also visit either the Docket Management Facility in Room 
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey 
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays; or the Commander, U.S. Coast 
Guard Sector Baltimore, 2401 Hawkins Point Road, Building 70, Waterways 
Management Division, Baltimore, Maryland, 21226-1791 between 8 a.m. and 
3 p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register

[[Page 12319]]

published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility 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 later notice in the Federal Register.

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 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.
    The Vatican has announced that during his scheduled visit to the 
United States, Pope Benedict XVI will be conducting Mass at Nationals 
Park, the new baseball stadium in southeast Washington, DC, on 
Thursday, April 17, 2008. The 2-hour papal Mass is scheduled to occur 
at 10 a.m., with ``pre-Mass events'' scheduled. Up to 45,000 attendees 
can be expected during the event. The security of high-ranking 
officials and the public at large in Washington, DC requires that 
persons and vessels be kept at a safe distance from the waterfront 
stadium during the papal Mass.
    The Captain of the Port Baltimore is proposing to establish a 
security zone to address the aforementioned security concerns and to 
take steps to prevent the catastrophic impact that a terrorist attack 
against a large number of participants attending the papal Mass, and 
the surrounding waterfront area and communities, in Washington, DC. 
This temporary security zone would apply to all waters of the Anacostia 
River, from shoreline to shoreline, from a line connecting the 
following points, beginning at 38[deg]51'50'' N, 077[deg]00'41'' W 
thence to 38[deg]51'44'' N, 077[deg]00'26'' W, upstream to the Officer 
Kevin J. Welsh Memorial (11th Street) Bridge. Interference with normal 
port operations will be kept to the minimum considered necessary to 
ensure the security of life and property on the navigable waters 
immediately before, during, and after the scheduled event. This zone 
will help the Coast Guard to prevent vessels or persons from bypassing 
security measures for the event and engaging in terrorist actions 
against a large number of participants during this highly-publicized 
papal Mass.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a security zone on all waters 
of the Anacostia River, from shoreline to shoreline, from a line 
connecting the following points, beginning at 38[deg]51'50'' N, 
077[deg]00'41'' W thence to 38[deg]51'44'' N, 077[deg]00'26'' W, 
upstream to the Officer Kevin J. Welsh Memorial (11th Street) Bridge, 
between 7:30 a.m. through 2 p.m. local time, on April 17, 2008, to 
ensure the security of participants immediately prior to, during, and 
following the highly-publicized Mass to be conducted by Pope Benedict 
XVI at Nationals Park.
    Vessels underway at the time this security zone is implemented 
would have to 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 would require all 
vessels in the designated security zone as defined by this rule to 
depart the security zone for the duration of its 6\1/2\ hour effective 
period.

Regulatory Evaluation

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analysis based on 13 of these statutes or executive orders.

Executive Order 12866

    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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. The 
operational restrictions of the security zone are tailored to provide 
the minimal disruption of vessel operations necessary to provide 
immediate, improved security for persons, vessels, and the waters of 
the Anacostia River.

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, operate or anchor in a 
portion of the Anacostia River, from shoreline to shoreline, from a 
line connecting the following points, beginning at 38[deg]51'50'' N, 
077[deg]00'41'' W thence to 38[deg]51'44'' N, 077[deg]00'26'' W, 
upstream to the Officer Kevin J. Welsh Memorial (11th Street) Bridge, 
from 7:30 a.m. through 2 p.m. on April 17, 2008. Although the security 
zone applies to the entire width of the river, this 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. Vessels 
with a compelling need to enter the security zone and transit the 
security zone may seek permission from the Captain of the Port 
Baltimore. Also, before the effective period, we would issue maritime 
advisories widely available to users of the Anacostia River.
    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

[[Page 12320]]

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 Mr. 
Ronald Houck, at Coast Guard Sector Baltimore, Waterways Management 
Division, at telephone number (410) 576-2674 or (410) 576-2693. 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 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 made a preliminary determination that this action is not likely to 
have a significant effect on the human environment. A preliminary 
``Environmental Analysis Check List'' supporting this preliminary 
determination is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Words of Issuance and Proposed Regulatory Text

    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, 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.T08-012 to read as follows:


Sec.  165.T08-012  Security Zone; Anacostia River, Washington, DC.

    (a) Location. The following area is a security zone: All waters of 
the Anacostia River, from shoreline to shoreline, from a line 
connecting the following points, beginning at 38[deg]51'50'' N, 
077[deg]00'41'' W thence to 38[deg]51'44'' N, 077[deg]00'26'' W, 
upstream to the Officer Kevin J. Welsh Memorial (11th Street) Bridge. 
These coordinates are based upon North American Datum 1983.
    (b) Regulations. (1) Entry into or remaining in the security zone 
described in paragraph (a) of this section is prohibited unless 
authorized by the Coast Guard Captain of the Port, Baltimore.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number 410-576-2693 or on 
VHF channel 16 (156.8 MHz) to seek permission to transit the area. If 
permission is granted,

[[Page 12321]]

all persons and vessels must comply with the instructions of the 
Captain of the Port or his or her designated representative.
    (3) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the security zone by Federal, State and local agencies.
    (c) Effective period. This section is effective from 7:30 a.m. 
through 2 p.m. on April 17, 2008.

    Dated: February 25, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E8-4463 Filed 3-6-08; 8:45 am]
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