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Security Zone; Potomac River, Washington Channel, Washington, DC
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 19, 2002 (Volume 67, Number 76)]
[Proposed Rules]
[Page 19365-19367]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap02-16]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD05-02-018]
RIN 2115-AA97
Security Zone; Potomac River, Washington Channel, Washington, DC
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes establishing a temporary security
zone in the waters of the Potomac River off Fort Lesley J. McNair,
Washington, DC during the May 31, 2002, U.S. Coast Guard Chief of
Staff's retirement ceremony. The security zone is necessary to provide
for the security and safety of life and property of event participants,
spectators and mariners on U.S. navigable waters during the event.
Entry into this zone is prohibited unless authorized by the Captain of
the Port, Baltimore, Maryland, or designated representative.
[[Page 19366]]
DATES: Comments and related material must reach the Coast Guard on or
before May 20, 2002.
ADDRESSES: You may mail comments and related material to the Port
Safety, Security and Waterways Management Branch, at Commander, U.S.
Coast Guard Activities Baltimore, 2401 Hawkins Point Road, Baltimore,
Maryland, 21226-1791. U.S. Coast Guard Activities Baltimore, Port
Safety, Security and Waterways Management Branch maintains the public
docket for this rulemaking. Comments and material received from the
public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at U.S. Coast Guard Activities
Baltimore, Port Safety, Security and Waterways Management Branch
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Ronald L. Houck, Port Safety, Security
and Waterways Management Branch, at telephone number (410) 576-2674.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-02-
018), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
your submission reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander, U.S. Coast Guard
Activities Baltimore at the address under ADDRESSES explaining why one
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a
separate notice in the Federal Register.
Background and Purpose
The Coast Guard will conduct a retirement ceremony along the
Washington Channel at Washington, DC. A security zone is needed to
protect dignitaries taking part in the high-level military ceremony
from potential threats posed by waterborne acts of sabotage or other
subversive acts. The purpose of the proposed regulation is to promote
maritime safety and protect participants and spectators during the
event. These regulations will impact the movement of all vessels
operating in the specified area on the Washington Channel at
Washington, DC.
Discussion of Proposed Rule
The U.S. Coast Guard Chief of Staff's retirement ceremony will be
held at Fort Lesley J. McNair, Washington, D.C. on May 31, 2002. The
event will consist of a background comprised of the U.S. Coast Guard
Cutter EAGLE anchored adjacent to Fort McNair on the confined waters of
the Washington Channel of the Potomac River. A security zone is needed
from 9 a.m. to 2 p.m. on May 31, 2002 to safeguard event participants
and spectators. 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. Entry into
this zone is prohibited unless authorized by the Captain of the Port or
his or her designated representative. The Captain of the Port will
notify the public of changes in the status of the zone by a Marine
Safety Radio Broadcast.
Regulatory Evaluation
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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Transportation (DOT) (44 FR 11040, February 26, 1979).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary. This
temporary rule affects a limited area for approximately five hours, and
will not completely close the navigable channel. Therefore, the Coast
Guard expects the economic impact of this proposal to be so minimal
that a full Regulatory Evaluation under paragraph 10(e) of the
regulatory policies and procedures of DOT is unnecessary.
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. Because this proposal will only be in effect
for a limited amount of time, and extensive advisories will be made to
the affected maritime community so that they may adjust their schedules
accordingly, the Coast Guard expects the impact of this proposal to be
minimal.
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
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Ronald L. Houck,
Port Safety, Security and Waterways Management Branch, at telephone
number (410) 576-2674.
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.
[[Page 19367]]
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
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect 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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation because of the limited duration and scope
of the regulation. A ``Categorical Exclusion Determination'' is
available in the docket where indicted under ADDRESSES.
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 proposes
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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. Add Sec. 165.T05-018 to read as follows:
Sec. 165.T05-018 Security Zone; Potomac River, Washington Channel,
Washington, D.C.
(a) Location. The following area is a security zone: all waters of
the Potomac River, from surface to bottom, encompassed by lines
connecting the following points, beginning at 38 deg. 52'03" N,
077 deg. 01'07" W, thence to 38 deg. 52'03" N, 077 deg. 01'14" W,
thence to 38 deg. 51'50" N, 077 deg. 01'16" W, thence to 38 deg. 51'50"
N, 077 deg. 01'07" W, thence to 38 deg. 52'03" N, 077 deg. 01'07" W.
These coordinates are based upon NAD 1983.
(b) Regulations. (1) In accordance with Sec. 165.33, entry into
this zone is prohibited unless authorized by the Coast Guard Captain of
the Port, Baltimore, Maryland, or his or her designated representative.
Section 165.33 also contains other general requirements.
(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) or VHF channel 22 (157.1 MHz) to seek
permission to transit the area. If permission is granted, all persons
and vessels shall comply with the instructions of the Captain of the
Port or his or her designated representative.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
(d) Effective period. This section is effective from 9 a.m. through
2 p.m. on May 31, 2002.
Dated: April 4, 2002.
R. B. Peoples,
Captain, U.S. Coast Guard,
Captain of the Port, Baltimore, Maryland.
[FR Doc. 02-9679 Filed 4-18-02; 8:45 am]
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