

[Federal Register: January 29, 2008 (Volume 73, Number 19)]
[Rules and Regulations]               
[Page 5095-5097]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja08-8]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2008-0005]
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, 
for the 2008 State of the Union Address. This action is necessary to 
safeguard the public and high-ranking public officials from 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 28, 2008, through 
8 a.m. on January 29, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0005 and are available online 
at http://www.regulations.gov. 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: Ronald L. Houck, Waterways Management 
Division, at (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) and (d)(3), 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. It would be contrary to public interest to delay the 
effective date of this rule.
    The Department of Homeland Security designated the 2008 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.
    The measures contemplated by the rule are intended to protect the 
public and high-ranking public officials 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.

Background and Purpose

    The ongoing hostilities in Afghanistan and Iraq have made it 
prudent for U.S.

[[Page 5096]]

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 awarness 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 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 of 24-hour 
duration is necessary to provide for the security of high-ranking 
United States officials and the public at large.

Discussion of the Rule

    The 2008 State of the Union Address is scheduled for the evening of 
January 28 in Washington, D.C. 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. This rule is effective from 8 a.m. on January 28, 2008, 
through 8 a.m. on January 29, 2008.
    Vessels underway at the time this security zone is implemented must 
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. There is little seasonal vessel traffic 
associated with recreational boating and commercial fishing during the 
effective period, and vessels may seek permission from the Captain of 
the Port Baltimore to enter and transit 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 of 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 28, 2008 through 
8 a.m. on January 29, 2008. 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. Also, 
vessels may seek permission from the Captain of the Port Baltimore to 
enter and transit the zone.

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 the rule so that they could better evaluate 
its effects on them. 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 Sate 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 section 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.

[[Page 5097]]

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 
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 Commandant Instruction M16475.1D 
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 where indicated under 
ADDRESSES.

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.T05-001 to read as follows:


Sec.  165.T05-001  Security Zone; Potomac and Anacostia Rivers, 
Washington, DC and Arlington and Fairfax Counties, VA

    (a) Definitions. For the purposes of this section, designated 
representative 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 Captain of the Port Baltimore 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 of this part apply to the security zone 
described in paragraph (b) of this section.
    (2) Entry into 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 must 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 28, 2008, through 8 a.m. on January 29, 2008.

    Dated: January 10, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 08-387 Filed 1-24-08; 4:42 pm]

BILLING CODE 4910-15-M
