5050 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations 

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 

system 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. 

Under figure 2–1, paragraph (34)(g), of 

the Instruction, an ‘‘Environmental 

Analysis Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ (CED) are not 

required for this 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 amends 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(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.

■ 2. From January 29, 2005, at 5 a.m., 

until July 23, 2005, add a new temporary 

§ 165.T07–05–005 to read as follows:

§ 165.T07–05–005 Moving and Fixed 

Security Zone, Port of Fredericksted, Saint 

Croix, U.S. Virgin Islands. 

(a) Location. A moving and fixed 

security zone is established that 

surrounds all cruise ships entering, 

departing, mooring or anchoring in the 

Port of Fredericksted, Saint Croix, U.S. 

Virgin Islands. The security zone 

extends from the cruise ship outward 

and forms a 50-yard radius around the 

vessel, from surface to bottom. The 

security zone for a cruise ship entering 

port is activated when the vessel is 

within one nautical mile west of the 

Fredericksted Pier lights. The security 

zone for a vessel is deactivated when 

the cruise ship is beyond one nautical 

mile west of the Fredericksted Pier 

lights. The Fredericksted Pier lights are 

at the following coordinates: 17°42′55′′

N, 64°42′55′′ W. All coordinates are 

North American Datum 1983 (NAD 

1983). 

(b) Regulations. All vessels, with the 

exception of cruise ships, are prohibited 

from entering the moving and fixed 

security zone around a cruise ship 

without the express permission of the 

Captain of the Port San Juan or 

designated representative. Persons 

desiring to transit through a security 

zone may contact the Captain of the Port 

San Juan who can be reached on VHF 

Marine Band Radio, Channel 16 (156.8 

MHz) or by calling (787) 289–0739, 24-

hours-a-day, 7-days-a-week. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port or 

designated representative. 

(c) Definition. As used in this section, 

cruise ship means a passenger vessel 

greater than 100 feet in length that is 

authorized to carry more than 150 

passengers for hire, except for a ferry. 

(d) Effective period. This section is 

effective from 5 a.m. on January 29, 

2005, until July 23, 2005.

Dated: January 24, 2005. 

D.P. Rudolph, 

Captain, U.S. Coast Guard, Captain of the 

Port.

[FR Doc. 05–1753 Filed 1–31–05; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–05–004] 

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.

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

encompassing the waters of the Potomac 

and Anacostia Rivers 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 8 a.m. 

eastern standard time on February 2, 

2005 through 8 a.m. eastern standard 

time on February 3, 2005.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–05–

004 and are available for inspection or 

copying at Commander, Coast Guard 

Activities Baltimore, 2401 Hawkins 

Point Road, Baltimore, Maryland 

21226–1791, between 9 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT: Mr. 

Ronald Houck, Waterways Management 

Branch, at Commander, Coast Guard 

Activities Baltimore, 2401 Hawkins 

Point Road, Baltimore, Maryland 

21226–1791, telephone number (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), 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. The Department of Homeland 

Security designated the 2005 State of 

the Union Address a National Special 

Security Event (NSSE) on January 7, 

2005. 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. This temporary 

security zone of short duration is 

necessary to provide for the security of 

high-ranking United States officials and 

the public at large. Additionally, the 

publication of an NPRM is contrary to 

the public interest as our Nation 

continues its heightened security 

posture. Therefore, immediate action is 

Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations 5051

required to address the ongoing threat to 

U.S. national interests. 

For the same reasons, 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. The 

measures contemplated by the rule are 

intended to protect the public 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. Any delay in the 

effective date of this rule is contrary to 

public and national interests. 

Background and Purpose 

The U.S. Maritime Administration 

(MARAD) in Advisory 02–07 advised 

U.S. shipping interests to maintain a 

heightened state of alert against possible 

terrorist attacks. MARAD more recently 

issued Advisory 03–06 informing 

operators of maritime interests of 

increased threat possibilities to vessels 

and facilities and a higher risk of 

terrorist attack to the transportation 

community in the United States. 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 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 applies to all waters of the 

Potomac River, from the Woodrow 

Wilson Memorial Bridge upstream to 

the Key Bridge, and 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. Vessels underway at the time this 

security zone is implemented must 

immediately proceed out of the zone. 

We will issue Broadcast Notices to 

mariners to further publicize the 

security zone and any revisions to the 

zone. This security zone is issued under 

authority contained in 50 U.S.C. 191 

and 33 U.S.C. 1226.

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. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

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 on 

the Potomac River, from the Woodrow 

Wilson Memorial Bridge upstream to 

the Key Bridge, or on 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 security zone will not have 

a significant economic impact on a 

substantial number of small entities due 

to the lack of seasonal vessel traffic 

associated with recreational boating and 

commercial fishing during the effective 

period. Further, vessels with compelling 

interests that outweigh the port’s 

security needs may be granted waivers 

from the requirements of 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), 

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. If your small business or 

organization would be affected by this 

final rule and you have questions 

concerning its provisions or options for 

compliance, please contact one of the 

points of contact listed under FOR

FURTHER INFORMATION CONTACT. 

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). 

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 

5052 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations 

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 

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, an ‘‘Environmental Analysis 

Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule.

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Vessels, Waterways.

■ 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

■ 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.

■ 2. Add temporary § 165.T05–004 to 

read as follows:

§ 165.T05–004 Security Zone; Potomac 

and Anacostia Rivers, Washington, DC and 

Arlington and Fairfax Counties, Virginia. 

(a) Definitions. For the purposes of 

this section—

Captain of the Port Baltimore means 

the Commander, U.S. Coast Guard 

Activities Baltimore, Maryland and any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the Commander, U.S. Coast Guard 

Activities Baltimore, Maryland to act as 

a designated representative on his or her 

behalf. 

State and/or local law enforcement 

officers means any State or local 

government law enforcement officer 

who has the authority to enforce State 

criminal laws. 

(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 § 165.33 of this part apply to 

the security zone described in paragraph 

(b). 

(2) Entry into or remaining in this 

zone is prohibited unless authorized by 

the Coast Guard 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 are to 

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 VHF Marine Band 

Radio, VHF 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) Effective period. This section is 

effective from 8 a.m. eastern standard 

time on February 2, 2005 through 8 a.m. 

eastern standard time on February 3, 

2005.

Dated: January 20, 2005. 

Curtis A. Springer, 

Captain, U.S. Coast Guard, Captain of the 

Port, Baltimore, Maryland.

[FR Doc. 05–1760 Filed 1–31–05; 8:45 am] 

BILLING CODE 4910–15–U