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[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Rules and Regulations]
[Pages 5050-5052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1760]

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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.

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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

[[Page 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

[[Page 5052]]

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.

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.T05-004 to read as follows:

Sec.  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 Sec.  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
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