[Federal Register: July 1, 2002 (Volume 67, Number 126)]
[Rules and Regulations]               
[Page 44059-44061]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy02-12]                         

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-02-041]
RIN 2115-AA97

 
Security Zone; Georgetown Channel, Potomac River, Washington, DC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone. 
This action is necessary to provide for safety and security of an 
anticipated 400,000 visitors during the annual July 4th celebration on 
the National Mall in Washington, DC. The security zone will prevent 
access to unauthorized persons who may attempt to enter the secure area 
via the waterfront seawall, and safeguard spectators and participants.

DATES: This rule is effective from 6 a.m to 11 p.m. local time on July 
4, 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 CGD05-02-041 and are available for inspection or 
copying at Commander, Coast Guard Activities Baltimore, 2401 Hawkins 
Point Road, Baltimore, Maryland 21226-1791,

[[Page 44060]]

between 9:30 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Charles A. Roskam II, Port 
Safety and Security, Coast Guard Activities Baltimore, telephone number 
(410) 576-2676.

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. 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. This 
temporary security zone of short duration is necessary to provide for 
the security of the United States. The security zone will prevent 
access to unauthorized persons who may attempt to enter the secure area 
of this nationally significant event via the waterfront seawall, and 
safeguard the United States and United States' interests during this 
event. To delay the effective date would be impracticable and contrary 
to the public interest.

Background and Purpose

    On July 4, 2002, an anticipated 400,000 visitors will attend the 
annual July 4th celebration on the National Mall in Washington, DC. 
This security zone is necessary to prevent access to unauthorized 
persons who may attempt to enter the secure area of this nationally 
significant event via the waterfront seawall, and to provide for the 
security of the spectators and participants.

Discussion of Rule

    This rule, for security reasons, limits access to the regulated 
area to those vessels authorized to enter and operate within the 
security zone. The Captain of the Port or his designated representative 
may authorize access to the security zone. In addition, the Coast Guard 
will make notifications via maritime advisories.

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).
    This temporary rule will be in effect for a limited duration. The 
Captain of the Port or his designated representative may authorize 
access to the security zone. In addition, the Coast Guard will make 
notifications via maritime advisories.

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 business, 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 and operators of vessels intending to 
operate or anchor in the Georgetown Channel, Potomac River, from the 
George Mason Memorial Bridge upstream to the Arlington Memorial Bridge 
from 6 a.m. to 11 p.m. on July 4, 2002.
    This security zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for less than twenty four hours. Although the 
security zone will apply to the entire width of the river, traffic will 
be allowed to pass through the zone with the permission of the Coast 
Guard Captain of the Port or his designated representative. 
Additionally, the Coast Guard will make notifications via marine 
advisories so that mariners can adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the address listed under 
ADDRESSES.
    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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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 Security Risks. This 
rule is not an economically significant rule and does not create an 
environmental risk to health or risk to security that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order

[[Page 44061]]

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 
preliminarily concluded that under figure 2-1, paragraph (34)(g), of 
Commandant Instruction M16475.lD, this rule is categorically excluded 
from further environmental documentation. This is a security zone less 
than one week in duration. The environmental analysis and ``Categorical 
Exclusion Determination'' will be prepared and submitted after 
establishment of this temporary security zone. The Categorical 
Exclusion Determination will be made available in the docket for 
inspection and copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine security, 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 and 160.5; 49 CFR 1.46.


    2. Add Sec. 165.TD05-02-041 to read as follows:


Sec. 165.TD05-02-041  Security zone; Georgetown Channel, Potomac River, 
Washington, DC.

    (a) Location. The following area is a security zone: the waters of 
the Georgetown channel of the Potomac River, within an area 200 feet 
from the river's Washington, DC shore, from the George Mason Memorial 
Bridge upstream to the Arlington Memorial Bridge, including the waters 
of the Georgetown Channel Tidal Basin.
    (b) Captain of the Port. Captain of the Port means the Commanding 
Officer of Coast Guard Activities Baltimore, Baltimore, MD, or any 
Coast Guard commissioned, warrant, or petty officer who has been 
authorized to act on his behalf.
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing security zones in 33 CFR 165.33.
    (2) Persons or vessels requiring entry into or passage within the 
security zone must request authorization from the Captain of the Port 
or his designated representative by telephone at (410) 576-2693 or by 
radio on VHF-FM channel 16.
    (3) The operator of any vessel within or in the immediate vicinity 
of this security zone shall:
    (i) Stop the vessel immediately upon being directed to do so by the 
Captain of the Port or his designated representative, and
    (ii) Proceed as directed by the Captain of the Port or his 
designated representative.
    (d) Effective period. This section is effective from 6 a.m. to 11 
p.m. local time on July 4, 2002.

    Dated: June 19, 2002.
E.Q. Kahler,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore, 
Maryland.
[FR Doc. 02-16524 Filed 6-28-02; 8:45 am]
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