
[Federal Register: April 17, 2008 (Volume 73, Number 75)]
[Rules and Regulations]               
[Page 20797-20799]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ap08-9]                         

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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
encompassing certain waters of the 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 7:30 a.m. through 2 p.m. on April 
17, 2008.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0114 and are available online at http://
www.regulations.gov. This material is also available for inspection or 
copying at two locations: 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 and 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 the docket, call Renee V. 
Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On March 7, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone; Anacostia River, Washington, DC'' in 
the Federal Register (73 FR 12318). We received one letter, with an 
attached photo, commenting on the proposed rule. Based on this comment, 
no changes were made to the proposed rule. No public meeting was 
requested, and none was held.
    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. It would be contrary to public 
interest to delay the effective date of this rule.
    The Department of Homeland Security designated the 2008 Papal 
Visits in the United States as Special Events Awareness Report (SEAR) 
Level II. The Coast Guard is establishing this security zone to support 
the United States Secret Service, the designated lead federal agency 
for the events, 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. 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 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 of a terrorist attack against a large 
number of participants, and the surrounding waterfront area and 
communities, in Washington, DC. This temporary security zone applies 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. 
Although 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 
established and engaging in terrorist actions against a large number of 
participants during the highly-publicized event.

Discussion of Comments and Changes

    The Coast Guard received one comment in response to the NPRM. No

[[Page 20798]]

public meeting was requested and none was held.
    The commenter, the developer of a piece of equipment that can be 
pre-attached to any standard fire hydrant, stated that such an item 
could quickly be activated to decontaminate or cool many people by 
providing ``a ring of potential showers around the stadium while the 
Pope is there.''
    We did not make any changes from the proposed rule which involves a 
security zone on the Anacostia River based on this comment. We did, 
however, revise paragraph (b)(1) of the regulatory text to reflect what 
we stated in the preamble of the NPRM, that except for Public vessels 
and vessels at berth, mooring or at anchor, all vessels in this zone 
must 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 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. Also, before the effective period, we 
would issue maritime advisories widely available to users of the 
Anacostia River, and vessels may seek permission from the Captain of 
the Port Baltimore to enter and transit 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), in the NPRM 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

[[Page 20799]]

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 
which guides 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'' 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; 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.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 the security zone described in 
paragraph (a) of this section is prohibited unless authorized by the 
Coast Guard Captain of the Port, Baltimore. Except for Public vessels 
and vessels at berth, mooring or at anchor, all vessels in this zone 
must depart the security zone.
    (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, 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: April 10, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 08-1146 Filed 4-15-08; 9:31 am]

BILLING CODE 4910-15-P
