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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: May 7, 2002 (Volume 67, Number 88)]
[Rules and Regulations]
[Page 30557-30559]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my02-10]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP BALTIMORE 02-002]
RIN 2115-AA97
Security Zone; Potomac River, Washington Channel, Washington, DC
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone
[[Page 30558]]
in the waters of Washington Channel on the Potomac River off Fort
Lesley J. McNair, Washington, DC during the May 30, 2002, U.S. Coast
Guard Commandant's Change of Command 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.
DATES: This rule is effective from 11 a.m. through 4 p.m. on May 30,
2002.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket COTP Baltimore 02-002 and are 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:
Regulatory Information
On March 20, 2002, we published a notice of proposed rulemaking
(NPRM) entitled Security Zone; Potomac River, Washington Channel,
Washington, DC in the Federal Register (67 FR 12947). We received no
letters commenting on the proposed rule. No public hearing was
requested, and none was held.
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. Immediate action 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. For the concerns noted, it is in the public interest
to have this regulation in effect during the event.
Background and Purpose
The Coast Guard will conduct a Change of Command ceremony along the
Potomac River 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 Comments and Changes
No comments were received; therefore, we have made no changes to
the regulatory text.
Discussion of Rule
The U.S. Coast Guard Commandant's Change of Command ceremony will
be held at Fort Lesley J. McNair, Washington, DC on May 30, 2002. The
event will consist of a background comprised of three U.S. Coast Guard
vessels anchored adjacent to Fort McNair on the confined waters of the
Washington Channel, on the Potomac River. A security zone is needed
from 11 a.m. through 4 p.m. on May 30, 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 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 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 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 transit
or anchor in a portion of the Washington Channel from 11 a.m. through 4
p.m. on May 30, 2002. The zone will only encompass a limited area.
Shallow water vessel traffic not constrained by draft can pass safely
around the security zone. A lack of commercial vessel traffic exists in
the area during the effective period. Maritime advisories on the Change
of Command ceremony have been advertised and made widely available to
users of the channel and will continue until the ceremony is complete.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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.
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
[[Page 30559]]
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. 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 rule and
concluded that under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.1D, 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 for inspection or copying where indicated 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 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. 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.T05-006 to read as follows:
Sec. 165.T05-006 Security Zone; Potomac River, Washington Channel,
Washington, DC
(a) Location. The following area is a security zone: all waters of
the Washington Channel, 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 will be effective from 11 a.m.
through 4 p.m. on May 30, 2002.
Dated: April 23, 2002.
E.Q. Kahler,
Acting Commander, U.S. Coast Guard, Captain of the Port, Baltimore,
Maryland.
[FR Doc. 02-11275 Filed 5-6-02; 8:45 am]
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