[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Proposed Rules]
[Pages 10446-10449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4808]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0050]
RIN 1625-AA87


Security Zone; Potomac River, Washington Channel, 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 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 Commandant's Change of Command ceremony from 6 
a.m. through 5 p.m. on May 25, 2010. Entry into this zone is prohibited 
unless authorized by the Captain of the Port, Baltimore, Maryland, or 
his designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 7, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0050 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) 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.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Mr. Ronald Houck, Sector Baltimore Waterways 
Management Division, Coast Guard; telephone 410-576-2674, e-mail 
<a href="/cdn-cgi/l/email-protection#a0f2cfcec1ccc48eec8ee8cfd5c3cbe0d5d3c3c78ecdc9cc"><span class="__cf_email__" data-cfemail="d785b8b9b6bbb3f99bf99fb8a2b4bc97a2a4b4b0f9babebb">[email protected]</span></a>. If you have questions on viewing or submitting 
material to the docket, call Renee V.

[[Page 10447]]

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.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0050), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0050'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand 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 comments 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 and may change 
the rule based on your comments.

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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0050'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of 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 a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting 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 Coast Guard will conduct a Change of Command ceremony at Fort 
McNair in Washington, DC. To address security concerns during the 
event, the Captain of the Port, Baltimore, Maryland proposes to 
establish a security zone upon certain waters of the Washington 
Channel. This proposed security zone will help the Coast Guard to 
prevent vessels or persons from engaging in waterborne terrorist 
actions during the U.S. Coast Guard Commandant's Change of Command 
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 Proposed Rule

    On Tuesday, May 25, 2010, the U.S. Coast Guard Commandant's Change 
of Command ceremony will be held at Fort Lesley J. McNair, in 
Washington, DC. The event will consist of several high-ranking 
dignitaries and a background comprised of U.S. Coast Guard vessels 
anchored adjacent to Fort McNair on the confined waters of the 
Washington Channel on the Potomac River. Due to the need to safeguard 
event participants and prevent vessels or persons from approaching Fort 
McNair and thereby bypassing the security measures established on shore 
during the event, vessel traffic will be restricted on certain waters 
of the Washington Channel.
    The Captain of the Port Baltimore, Maryland, is proposing to 
establish a security zone from 6 a.m. through 5 p.m. on May 25, 2010. 
U.S. Coast Guard patrol vessels will be provided to prevent the 
movement of persons and vessels in an area approximately 200 yards wide 
and 450 yards long within Washington Channel. The proposed regulated 
area is adjacent to Fort McNair and includes 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.
    Vessels underway at the time this security zone is implemented 
would be required to immediately proceed out of the 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 
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 proposed 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 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. Although this security 
zone restricts vessel traffic through the affected area, 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.

[[Page 10448]]

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 may affect the following 
entities, some of which might 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.
    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 they can better 
evaluate its effects on them and participate in the rulemaking. If the 
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 L. Houck, Coast Guard 
Sector Baltimore, Waterways Management Division, at telephone number 
410-576-2674. The Coast Guard will not retaliate against small entities 
that question or complain about this proposed 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.

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 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 made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves establishing a temporary security zone. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.
    We seek any comments or information that may lead to the discovery 
of a

[[Page 10449]]

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.

    For the reasons discussed in the preamble, the Coast Guard proposed 
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, 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.

    2. Add Sec.  165.T05-0050 to read as follows:


Sec.  165.T05-0050  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.T05-0050.
    (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.
    (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 25, 2010.

    Dated: February 24, 2010.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore Maryland.
[FR Doc. 2010-4808 Filed 3-5-10; 8:45 am]
BILLING CODE 4910-15-P


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