[Federal Register Volume 75, Number 99 (Monday, May 24, 2010)]
[Rules and Regulations]
[Pages 28757-28760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12341]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0405]
RIN 1625-AA87


Security Zone; Potomac River, Washington Channel, 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 Washington Channel on the Potomac River. The security 
zone is necessary to provide for the security and safety of life and 
property of event participants, spectators and mariners during the U.S. 
Coast Guard Vice Commandant's Change of Watch ceremony from 6 a.m. 
through 5 p.m. on May 24, 2010. Entry into this zone is prohibited 
unless authorized by the Captain of the Port, Baltimore, Maryland, or 
his designated representative.

DATES: This rule is effective from 6 a.m. through 5 p.m. on May 24, 
2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0405 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0405 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary

[[Page 28758]]

rule, call or e-mail Mr. Ronald L. Houck, Sector Baltimore Waterways 
Management Division, Coast Guard; telephone 410-576-2674, e-mail 
[email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is contrary to public interest to 
delay the effective date of this rule. The Coast Guard is establishing 
this security zone to protect high-ranking government officials, 
mitigate potential terrorist acts, and enhance public and maritime 
safety and security. The Coast Guard was unable to publish a NPRM due 
to the short time period between event planners notifying the Captain 
of the Port Baltimore of the security needs during the event and the 
publication of this security zone. Furthermore, delaying the effective 
date would be contrary to the security zone's intended objectives of 
protecting high-ranking government officials, mitigating potential 
terrorist acts and enhancing public and maritime safety security.
    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. Due to the need for immediate 
action, the restriction of vessel traffic is necessary to protect life, 
property and the environment, therefore, a 30-day notice period is 
impracticable. Delaying the effective date would be contrary to the 
security zone's intended objectives of protecting high-ranking 
government officials, mitigating potential terrorist acts and enhancing 
public and maritime safety and security.

Basis and Purpose

    The Coast Guard will conduct a ceremony at Fort McNair in 
Washington, DC on Monday, May 24, 2010. To address security concerns 
during the event, the Captain of the Port Baltimore, Maryland is 
establishing a security zone upon certain waters of the Washington 
Channel. This security zone will help the Coast Guard to prevent 
vessels or persons from engaging in waterborne terrorist actions during 
the U.S. Coast Guard Vice Commandant's Change of Watch ceremony. Due to 
the catastrophic impact a terrorist attack during the ceremony would 
have against the large number of dignitaries, and the surrounding area 
and communities, a security zone is prudent for this type of event.

Discussion of Rule

    Through this regulation, the Coast Guard will establish a security 
zone. The security zone will be in effect from 6 a.m. through 5 p.m. on 
May 24, 2010. The security zone will include all navigable waters of 
the Washington Channel, from shoreline to shoreline, bounded on the 
north along latitude 38[deg]52'03'' N and bounded on the south along 
latitude 38[deg]51'50'' N (North American Datum 1983). This location is 
entirely within the Area of Responsibility of the Captain of the Port 
Baltimore, as set forth at 33 CFR 3.25-15.
    Vessels underway at the time this security zone is implemented 
would be required to immediately proceed out of the zone. Vessels 
already at berth, mooring, or anchor at the time the security zone is 
implemented do not have to depart the security zone. Entry into this 
zone is prohibited unless authorized by the Captain of the Port or his 
designated representative. To seek permission to transit the area, the 
Captain of the Port Baltimore can be contacted at telephone number 410-
576-2693 or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). Coast 
Guard vessels enforcing this section can be contacted on Marine Band 
Radio, VHF-FM channel 16 (156.8 MHz). The Captain of the Port will 
issue Broadcast Notices to Mariners to publicize the security zone and 
notify the public of changes in the status of the zone. Such notices 
will continue until the ceremony is complete.

Regulatory Analyses

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

Regulatory Planning and Review

    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. Although this security zone restricts 
vessel traffic through the affected area, vessels may seek permission 
from the Captain of the Port Baltimore to enter and transit the zone. 
Furthermore, the effect of this regulation will not be significant due 
to the limited size and duration that the regulated area will be in 
effect. In addition, notifications will be made to the maritime 
community via marine information broadcasts so mariners may adjust 
their plans accordingly.

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 or transit through or within the security zone during the 
enforcement period. The security zone will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. The security zone is of limited size and duration. 
Although the security zone will apply to the entire width of the 
channel, maritime advisories will be widely available to the maritime 
community 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 offer to assist small 
entities in understanding the rule so that they can 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

[[Page 28759]]

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 (adjusted for 
inflation) 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 cause 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule involves establishing a temporary security 
zone.
    An environmental analysis checklist and a 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, 3306, 
3703; 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 Sec.  165.T05-0405 to read as follows:


Sec.  165.T05-0405  Security Zone; Potomac River, Washington Channel, 
Washington, DC.

    (a) Location. The following area is a security zone: all waters of 
the Washington Channel, from shoreline to shoreline, bounded on the 
north along latitude 38[deg]52'03'' N and bounded on the south along 
latitude 38[deg]51'50'' N (North American Datum 1983).
    (b) Definitions. As used in this section:
    Captain of the Port Baltimore means the Commander, U.S. Coast Guard 
Sector Baltimore, Maryland.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Baltimore to assist in enforcing the security zone described in 
paragraph (a) of this section.
    (c) Regulations. (1) The general security zone regulations found in 
33 CFR 165.33 apply to the security zone created by this temporary 
section, Sec.  165.T05.0405.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port Baltimore. Vessels 
already at berth, mooring, or anchor at the time the security zone is 
implemented do not have to depart the security zone. All vessels 
underway within this security zone at the time it is implemented are to 
depart the zone.

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    (3) Persons desiring to transit the area of the security zone must 
first request authorization from the Captain of the Port Baltimore or 
his designated representative. To seek permission to transit the area, 
the Captain of the Port Baltimore and his designated representatives 
can be contacted at telephone number 410-576-2693 or on Marine Band 
Radio, VHF-FM channel 16 (156.8 MHz). 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, or other 
Federal, State, or local agency vessel, by siren, radio, flashing 
lights, 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 or his 
designated representative 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) Enforcement period. This section will be enforced from 6 a.m. 
through 5 p.m. on May 24, 2010.

    Dated: May 11, 2010.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore Maryland.
[FR Doc. 2010-12341 Filed 5-21-10; 8:45 am]
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