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23 August 2007
[Federal Register: August 22, 2007 (Volume 72, Number 162)]
[Rules and Regulations]
[Page 46897-46899]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au07-3]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. CGD05-07-080]
RIN 1625-AA87
Security Zone; M/V Odyssey III, Global Air Chiefs Conference,
Upper Potomac River, Washington, DC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone in
certain waters of the Upper Potomac River surrounding the motor vessel
Odyssey III, a 230-foot passenger vessel. This action is necessary in
order to ensure the security of high-ranking public officials and
safeguard the public at large against terrorist acts or incidents
during activities associated with a dinner cruise held in conjunction
with the Global Air Chiefs Conference, in Washington, DC, on September
23, 2007. This rule prohibits vessels and people from entering the
security zone and requires vessels and persons in the security zone to
depart the zone, unless specifically exempt under the provisions in
this rule or granted specific permission from the Coast Guard Captain
of the Port Baltimore, Maryland, or his designated representative.
DATES: This rule is effective from 3 p.m. through 5 p.m. on September
23, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-07-080 and are available for
inspection or copying at Coast Guard Sector Baltimore, Waterways
Management Division, between 8 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, at Coast Guard
Sector Baltimore, Waterways Management Division, at telephone number
(410) 576-2674 or (410) 576-2693.
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. The Coast Guard is
establishing this temporary security zone to coordinate security
operations and establish a secure environment for this highly visible
and publicized event. The publication of an NPRM is impracticable and
contrary to the public interest as there is not sufficient time to
publish an NPRM and get comments before issuing a final rule.
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 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.
In this particular rulemaking, to address the aforementioned
security concerns before, during, and after the highly-publicized
public event, and to take steps to prevent the catastrophic impact that
a terrorist attack against high-ranking public officials and the public
at large before, during, and after a dinner cruise held on the Upper
Potomac River for visiting foreign dignitaries would have on the public
interest, the Captain of the Port, Baltimore, Maryland is establishing
a security zone upon waters of the Upper Potomac River, encompassing an
area 100 yards in all directions around the passenger vessel Odyssey
III while moored, underway or anchored on the Upper Potomac River. This
security zone will help the Coast Guard to prevent vessels or persons
from engaging in terrorist actions against a large number of
participants during the event. Due to these heightened security
concerns, and the catastrophic impact a terrorist attack on the
passenger vessel Odyssey III would have on the large number of
participants, and the surrounding area and communities, a security zone
is prudent for this type of event.
Discussion of Rule
From September 20, 2007, through September 29, 2007, the U.S. Air
Force Chief of Staff (CSAF) will host the Global Air Chiefs Conference,
in Washington, DC. In conjunction with this event, the CSAF has invited
his counterparts from around the world to attend a dinner cruise on the
Upper Potomac River on board the passenger vessel Odyssey III. The
cruise will occur on Sunday, September 23, 2007. This security zone is
necessary to prevent vessels or persons on waters of the Upper Potomac
River, encompassing an area 100 yards in all directions around the
passenger vessel Odyssey III while moored, underway or anchored, from
approaching the vessel and thereby bypassing the security measures for
the event established by the United States Air Force Office of Special
Investigations. Vessel traffic in the Upper Potomac River will be
restricted. Except for Public vessels and vessels at berth, mooring or
at anchor, this rule requires all vessels in the designated security
zone, as defined by this rule, underway at the time this security zone
is implemented to immediately proceed out of the security zone. Entry
into this zone is prohibited unless authorized by the Captain of the
Port or his designated representative. The Captain of the Port will
issue Notices to Mariners to
[[Page 46898]]
publicize the security zone and notify the public of changes in the
status of the zone. Such notices will continue until the event has
concluded.
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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. Although this rule prevents
traffic from transiting a portion of the Upper Potomac River during the
event, the effect of this rule will not be significant due to the
limited size and duration of the security zone, the extensive
notifications that will be made to the maritime community via marine
information broadcasts, and vessel traffic not constrained by draft
will be able to safely transit around the zone.
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
operate, remain or anchor on the Upper Potomac River, encompassing an
area 100 yards in all directions around the passenger vessel Odyssey
III while moored, underway or anchored on the Upper Potomac River, from
3 p.m. to 5 p.m. on September 23, 2007. This rule 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 2 hours, and
vessels not constrained by draft, which usually are small entities, may
safely transit around the zone. In addition, the Coast Guard will issue
maritime advisories which will be widely available to users of the
Upper Potomac River before the effective period.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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). 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 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 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.
[[Page 46899]]
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
and Department of Homeland Security Management Directive 5100.1, which
guide 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. This rule establishes a security zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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
0
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.
0
2. Add temporary Sec. 165.T05-080 to read as follows:
Sec. 165.T05-080 Security Zone; M/V Odyssey III, Global Air Chiefs
Conference, Upper Potomac River, Washington, DC.
(a) Definitions. (1) For purposes of this section, designated
representative means the Commander, Coast Guard Sector Baltimore,
Maryland or any Coast Guard commissioned, warrant, or petty officer who
has been authorized by the Captain of the Port, Baltimore, Maryland to
act on his behalf.
(b) Location. The following area is a security zone: All waters of
the Upper Potomac River, encompassing an area 100 yards in all
directions around the motor vessel Odyssey III while moored, underway
or anchored on the Upper Potomac River.
(c) Regulations. (1) The general security zone regulations in 33
CFR part 165, subpart D, apply to the security zone described in
paragraph (a) of this section.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port, Baltimore, Maryland,
or his designated representative.
(3) Persons or vessels requiring entry into or passage through the
security zone must first request authorization from the Captain of the
Port, Baltimore, or his designated representative, for permission to
transit the area. The Captain of the Port, Baltimore, Maryland can be
contacted at telephone number (410) 576-2693. The Coast Guard vessels
enforcing this section can be contacted on VHF Marine Band Radio, VHF
channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel
by siren, radio, flashing light, or other means, the operator of a
vessel shall proceed as directed. If permission is granted, all persons
and vessels must comply with the instructions of the Captain of the
Port, Baltimore, Maryland, or his designated representative, and
proceed at the minimum speed necessary to maintain a safe course while
within the zone.
(4) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the zone by Federal, State, and local agencies.
(d) Enforcement period. This section will be enforced from 3 p.m.
through 5 p.m. on September 23, 2007.
Dated: August 7, 2007.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E7-16479 Filed 8-21-07; 8:45 am]
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