[Federal Register: March 7, 2008 (Volume 73, Number 46)]
[Proposed Rules]
[Page 12318-12321]
[DOCID:fr07mr08-24]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0114]
RIN 1625-AA87

Security Zone; Anacostia River, Washington, DC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary security
zone encompassing certain waters of the Anacostia River in order to
safeguard the public and high-ranking public officials attending a
papal Mass on April 17, 2008, 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 would prohibit vessels
and people from entering the security zone and would require 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: Comments and related material must reach the Coast Guard on or
before April 7, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0114 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Mr. Ronald Houck, at Coast Guard Sector Baltimore, Waterways
Management Division, at telephone number<PHONE_NUMBER> or (410) 576-
2693. If you have questions on viewing or submitting material to the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0114), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, 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. Given the amount of time remaining
before the papal Mass, after considering comments we anticipate making
the temporary final rule effective less than 30 days after publication.
If we do so, we will explain in that publication, as required by 5
U.S.C. 553(d)(3), our good cause for doing so.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-2008-0114) in the Docket ID box, and click
enter. You may also visit either the Docket Management Facility in Room
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays; or the Commander, U.S. Coast
Guard Sector Baltimore, 2401 Hawkins Point Road, Building 70, Waterways
Management Division, Baltimore, Maryland, 21226-1791 between 8 a.m. and
3 p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register

published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility 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 later notice in the Federal Register.

Background and Purpose

    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 Baltimore 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 Vatican has announced that during his scheduled visit to the
United States, Pope Benedict XVI will be conducting Mass at Nationals
Park, the new baseball stadium in southeast Washington, DC, on
Thursday, April 17, 2008. The 2-hour papal Mass is scheduled to occur
at 10 a.m., with ``pre-Mass events'' scheduled. Up to 45,000 attendees
can be expected during the event. The security of high-ranking
officials and the public at large in Washington, DC requires that
persons and vessels be kept at a safe distance from the waterfront
stadium during the papal Mass.
    The Captain of the Port Baltimore is proposing to establish a
security zone to address the aforementioned security concerns and to
take steps to prevent the catastrophic impact that a terrorist attack
against a large number of participants attending the papal Mass, and
the surrounding waterfront area and communities, in Washington, DC.
This temporary security zone would apply to all waters of the Anacostia
River, from shoreline to shoreline, from a line connecting the
following points, beginning at 38[deg]51'50'' N, 077[deg]00'41'' W
thence to 38[deg]51'44'' N, 077[deg]00'26'' W, upstream to the Officer
Kevin J. Welsh Memorial (11th Street) Bridge. Interference with normal
port operations will be kept to the minimum considered necessary to
ensure the security of life and property on the navigable waters
immediately before, during, and after the scheduled event. This zone
will help the Coast Guard to prevent vessels or persons from bypassing
security measures for the event and engaging in terrorist actions
against a large number of participants during this highly-publicized
papal Mass.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a security zone on all waters
of the Anacostia River, from shoreline to shoreline, from a line
connecting the following points, beginning at 38[deg]51'50'' N,
077[deg]00'41'' W thence to 38[deg]51'44'' N, 077[deg]00'26'' W,
upstream to the Officer Kevin J. Welsh Memorial (11th Street) Bridge,
between 7:30 a.m. through 2 p.m. local time, on April 17, 2008, to
ensure the security of participants immediately prior to, during, and
following the highly-publicized Mass to be conducted by Pope Benedict
XVI at Nationals Park.
    Vessels underway at the time this security zone is implemented
would have to immediately proceed out of the zone. We will issue
written and broadcast Notices to Mariners to further publicize the
security zone and any revisions to the zone. Except for Public vessels
and vessels at berth, mooring or at anchor, this rule would require all
vessels in the designated security zone as defined by this rule to
depart the security zone for the duration of its 6\1/2\ hour effective
period.

Regulatory Evaluation

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analysis based on 13 of these statutes or executive orders.

Executive Order 12866

    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.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. The
operational restrictions of the security zone are tailored to provide
the minimal disruption of vessel operations necessary to provide
immediate, improved security for persons, vessels, and the waters of
the Anacostia River.

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. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit, operate or anchor in a
portion of the Anacostia River, from shoreline to shoreline, from a
line connecting the following points, beginning at 38[deg]51'50'' N,
077[deg]00'41'' W thence to 38[deg]51'44'' N, 077[deg]00'26'' W,
upstream to the Officer Kevin J. Welsh Memorial (11th Street) Bridge,
from 7:30 a.m. through 2 p.m. on April 17, 2008. Although the security
zone applies to the entire width of the river, this zone will not have
a significant economic impact on a substantial number of small entities
due to a lack of seasonal vessel traffic associated with recreational
boating and commercial fishing during the effective period. Vessels
with a compelling need to enter the security zone and transit the
security zone may seek permission from the Captain of the Port
Baltimore. Also, before the effective period, we would issue maritime
advisories widely available to users of the Anacostia River.
    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 Mr.
Ronald Houck, at Coast Guard Sector Baltimore, Waterways Management
Division, at telephone number<PHONE_NUMBER> or<PHONE_NUMBER>. 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 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.

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 an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

Taking of Private Property

    This proposed rule would 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 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. 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is not likely to
have a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

Words of Issuance and Proposed Regulatory Text

    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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 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 Sec.  165.T08-012 to read as follows:

Sec.  165.T08-012  Security Zone; Anacostia River, Washington, DC.

    (a) Location. The following area is a security zone: All waters of
the Anacostia River, from shoreline to shoreline, from a line
connecting the following points, beginning at 38[deg]51'50'' N,
077[deg]00'41'' W thence to 38[deg]51'44'' N, 077[deg]00'26'' W,
upstream to the Officer Kevin J. Welsh Memorial (11th Street) Bridge.
These coordinates are based upon North American Datum 1983.
    (b) Regulations. (1) Entry into or remaining in the security zone
described in paragraph (a) of this section is prohibited unless
authorized by the Coast Guard Captain of the Port, Baltimore.
    (2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number<PHONE_NUMBER> or on
VHF channel 16 (156.8 MHz) to seek permission to transit the area. If
permission is granted,

all persons and vessels must comply with the instructions of the
Captain of the Port or his or her designated representative.
    (3) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the security zone by Federal, State and local agencies.
    (c) Effective period. This section is effective from 7:30 a.m.
through 2 p.m. on April 17, 2008.

    Dated: February 25, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E8-4463 Filed 3-6-08; 8:45 am]

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