5048 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117

[CGD08–05–010] 

Drawbridge Operation Regulations; 

Gulf Intracoastal Waterway—Bayou 

Boeuf, Amelia, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the BNSF RR 

Swing Bridge across Bayou Boeuf, mile 

10.2, at Amelia, St. Mary Parish, LA. 

This deviation allows the bridge to 

remain closed to navigation for six 

hours per day Monday through 

Thursday from February 28 until March 

31, 2005. The deviation is necessary to 

remove and replace the cross ties on the 

bridge.

DATES: This deviation is effective from 

7 a.m. on Monday, February 28, 2005 

until 1 p.m. on Thursday, March 31, 

2005.

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at the office of the Eighth Coast 

Guard District, Bridge Administration 

Branch, Hale Boggs Federal Building, 

Room 1313, 500 Poydras Street, New 

Orleans, Louisiana 70130–3310 between 

7 a.m. and 3 p.m., Monday through 

Friday, except Federal holidays. The 

telephone number is (504) 589–2965. 

The Bridge Administration Branch of 

the Eighth Coast Guard District 

maintains the public docket for this 

temporary deviation.

FOR FURTHER INFORMATION CONTACT:

David Frank, Bridge Administration 

Branch, telephone (504) 589–2965.

SUPPLEMENTARY INFORMATION: The BNSF 

RR has requested a temporary deviation 

in order to remove and replace the cross 

ties of the Bayou Boeuf Swing Bridge 

across Bayou Boeuf, mile 10.2, at 

Amelia, St. Mary Parish, LA. The repairs 

are necessary to ensure the safety of 

trains crossing the bridge. This 

temporary deviation will allow the 

bridge to remain in the closed-tonavigation position from 7 a.m. until 1 

p.m. Monday through Thursday from 

February 28, 2005 until March 31, 2005. 

The bridge may be opened to pass 

vessels in an emergency after personnel 

are cleared from the bridge. 

As the bridge has no vertical 

clearance in the closed-to-navigation 

position, vessels will not be able to 

transit through the bridge site when the 

bridge is closed. Navigation at the site 

of the bridge consists mainly of tows 

with barges and some recreational 

pleasure craft. Due to prior experience, 

as well as coordination with waterway 

users, it has been determined that this 

closure will not have a significant effect 

on these vessels. 

In accordance with 33 CFR 117.35(c), 

this work will be performed with all due 

speed in order to return the bridge to 

normal operation as soon as possible. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35.

Dated: January 24, 2005. 

Marcus Redford, 

Bridge Administrator.

[FR Doc. 05–1762 Filed 1–31–05; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP SAN JUAN 05–005] 

RIN 1625–AA87 

Moving and Fixed Security Zone: Port 

of Fredericksted, Saint Croix, U.S. 

Virgin Islands

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing a temporary moving and 

fixed security zone around cruise ships 

entering, departing, mooring or 

anchoring at the Port of Fredericksted in 

Saint Croix, U.S. Virgin Islands. This 

temporary final rule is a security 

measure designed to protect cruise ships 

at this port. 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 a 

designated representative.

DATES: This rule is effective on January 

29, 2005, at 5 a.m., until July 23, 2005.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket COTP San Juan 

05–005 and are available for inspection 

or copying at Prevention Command 

Office, San Juan, #5 La Puntilla Final, 

Old San Juan, PR 00901–1800, between 

7 a.m. and 3:30 p.m. Monday through 

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Katiuska 

Pabon, Prevention Command San Juan 

at (787) 729–5381.

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. Publishing 

an NPRM, which would incorporate a 

comment period before a final rule 

could be issued, would be contrary to 

the public interest. Immediate action is 

needed to protect the public, ports and 

waterways of the United States from 

potential subversive acts against cruise 

ships at the Port of Fredericksted. 

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. 

Background and Purpose 

Based on the September 11, 2001, 

terrorist attacks on the World Trade 

Center buildings in New York and the 

Pentagon in Arlington, Virginia, there is 

an increased risk that subversive 

activity could be launched from vessels 

in close proximity to cruise ships 

entering, departing, mooring or 

anchoring at any port of call. Following 

these attacks, national security and 

intelligence officials have warned that 

future terrorists attacks are likely and 

may include maritime interests such as 

cruise ships. The Captain of the Port 

San Juan is reducing this risk by 

preventing unauthorized vessels from 

entering the moving and fixed security 

zone around a cruise ship entering, 

departing, anchoring or mooring at the 

Port of Fredericksted without the 

authorization of the Captain of the Port 

San Juan or designated representative. 

Concurrent with this temporary final 

rule, the Coast Guard is promulgating a 

Notice of Proposed Rulemaking 

(NPRM), COTP San Juan 05–002, to 

make these regulations permanent 

security measures for the Port of 

Fredericksted and allow public 

comment on them. 

Captain of the Port San Juan can be 

contacted on VHF Marine Band Radio, 

Channel 16 (156.8 MHz), or by 

telephone number (787) 289–0739. The 

United States Coast Guard 

Communications Center will notify the 

public via Broadcast Notice to Mariners 

VHF Marine Band Radio, Channel 22,

Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations 5049

when a moving and fixed security zone 

is activated around a cruise ship at 

Fredericksted.

Discussion of Rule 

This temporary final rule is a security 

measure to protect cruise ships entering, 

departing, mooring or anchoring at the 

Port of Fredericksted, St. Croix, U.S. 

Virgin Islands. The moving and fixed 

security zone that surrounds a cruise 

ship is activated when an arriving cruise 

ship is within one nautical mile of the 

west end of the Fredericksted Pier and 

is deactivated when a departing cruise 

ship is beyond one nautical mile from 

the west end of the Fredericksted Pier. 

All vessels are prohibited from entering 

the fixed and moving security zone that 

extends in a 50-yard radius around a 

cruise ship without the express 

permission of the Captain of the Port 

San Juan when the zone is activated. 

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). The Coast Guard expects the 

economic impact of this security zone to 

be minimal, because entry into the 

security zone is prohibited for a limited 

time. Additionally, vessels may be 

allowed to enter the security zone with 

the express permission of the Captain of 

the Port San Juan or designated 

representative. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic effect upon 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 transit or anchor at 

the Port of Fredericksted, St. Croix, U.S. 

Virgin Islands, when a fixed or moving 

security zone around a cruise ship is in 

effect. This rule will be in effect for a 

limited time. Vessels may be allowed to 

enter the security zone with the express 

permission of the Captain of the Port 

San Juan or a designated representative. 

Finally, we will issue maritime 

advisories that will be widely available 

when we expect a security zone to go 

into effect. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. If 

the rule will affect your small business, 

organization, or government jurisdiction 

and you have questions concerning its 

provisions or options for compliance, 

please contact the person listed under 

FOR FURTHER INFORMATION CONTACT for 

assistance in understanding this rule. 

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 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 requirements 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 

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