Security Zone; Georgetown Channel, Potomac River, Washington, DC, 35393-35395 [E6-9659]
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Federal Register / Vol. 71, No. 118 / Tuesday, June 20, 2006 / Rules and Regulations
Background and Purpose
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD05–06–014]
RIN 1625–AA87
Security Zone; Georgetown Channel,
Potomac River, Washington, DC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary security zone
on the waters of the upper Potomac
River. This action is necessary to
provide for the security of a large
number of visitors to the annual July 4th
celebration on the National Mall in
Washington, DC. The security zone will
allow for control of a designated area of
the river and safeguard spectators and
high-ranking officials.
DATES: This rule is effective from 12:01
a.m. to 11:59 p.m. local time on July 4,
2006.
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 CGD05–06–014 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:
wwhite on PROD1PC61 with RULES
Regulatory Information
On April 3, 2006, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Security Zone; Georgetown
Channel, Potomac River, Washington,
D.C.’’ in the Federal Register (71 FR
16531). We received no letters
commenting on the proposed rule. No
public meeting 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 the public from waterborne acts
of sabotage or terrorism. Any delay in
the effective date of this rule is
impractical and contrary to the public
interest.
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15:58 Jun 19, 2006
Jkt 208001
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, and to take steps to prevent
the catastrophic impact that a terrorist
attack against a large number of
spectators and high-ranking officials
during the annual July 4th celebration
would have on the public interest, the
Coast Guard is establishing a security
zone upon all waters of the Georgetown
Channel of the Potomac River, from the
surface to the bottom, 75 yards from the
eastern shore measured perpendicularly
to the shore, between the Long Railroad
Bridge (the most eastern bridge of the 5span, Fourteenth Street Bridge
Complex) to the Theodore Roosevelt
Memorial Bridge and all waters in
between, totally including the waters of
the Georgetown Channel Tidal Basin.
This security zone will help the Coast
Guard to prevent vessels or persons
from engaging in terrorist actions
against a large number of spectators and
high-ranking officials during the annual
July 4th celebration. Due to these
heightened security concerns, and the
catastrophic impact a terrorist attack on
the National Mall in Washington, DC,
during the annual July 4th celebration
would have on the large number of
spectators and high-ranking officials,
and the surrounding area and
communities, a security zone is prudent
for this type of event.
Discussion of Comments and Change
The Coast Guard received no
comments on the proposed rule during
the comment period published in the
NPRM. No public meeting was
requested and none was held. As a
result, no change to the proposed
regulatory text was made.
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
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Fmt 4700
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35393
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 Homeland Security
(DHS).
This security zone will encompass
only a small portion of the waterway
and vessels or persons may be allowed
to enter this zone with permission of the
Captain of the Port, Baltimore,
Maryland.
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 might be small
entities: the owners or operators of
vessels intending to transit or anchor in
a portion of the Potomac River
(including the waters of the Georgetown
Channel Tidal Basin) from 12:01 a.m. to
11:59 p.m. on July 4, 2006.
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 twenty-four hours and the
security zone will only apply to 75
yards of the Potomac River (from the
eastern shore measured perpendicularly
to the shore), and not the entire width
of the river. Smaller vessels not
constrained by their draft, which are
more likely to be small entities, may
safely transit around the security zone.
Additionally, before the effective
period, the Coast Guard will issue
maritime advisories widely available to
users of the river to allow mariners to
make alternative plans for transiting the
affected areas. Because the zone is of
limited size, it is expected that there
will be minimal disruption to the
maritime community.
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
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35394
Federal Register / Vol. 71, No. 118 / Tuesday, June 20, 2006 / Rules and Regulations
could better evaluate its effects on them
and participate in the rulemaking
process. However, we received no
requests for assistance from any small
entities.
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
wwhite on PROD1PC61 with RULES
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,
VerDate Aug<31>2005
15:58 Jun 19, 2006
Jkt 208001
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.
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
guides 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
regulation establishes a security zone. A
final ‘‘Environmental Analysis Check
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Fmt 4700
Sfmt 4700
List’’ and a final ‘‘Categorical Exclusion
Determination’’ are 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.
I 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:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. Add § 165.T05–014 to read as
follows:
§ 165.T05–014 Security Zone; Georgetown
Channel, Potomac River, Washington, DC.
(a) Definitions. For purposes of this
section, Captain of the Port, Baltimore,
Maryland 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 or her
behalf.
(b) Location. The following area is a
security zone: All waters of the
Georgetown Channel of the Potomac
River, from the surface to the bottom, 75
yards from the eastern shore measured
perpendicularly to the shore, between
the Long Railroad Bridge (the most
eastern bridge of the 5-span, Fourteenth
Street Bridge Complex) to the Theodore
Roosevelt Memorial Bridge and all
waters in between, totally including the
waters of the Georgetown Channel Tidal
Basin.
(c) Regulations. (1) The general
regulations governing security zones,
found in § 165.33 of this part, apply to
the security zone described in paragraph
(b) 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.
(3) Persons or vessels requiring entry
into or passage through the security
zone must first request authorization
from the Captain of the Port, Baltimore
to seek 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
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Federal Register / Vol. 71, No. 118 / Tuesday, June 20, 2006 / Rules and Regulations
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 and proceed at the
minimum speed necessary to maintain a
safe course while within the zone.
(4) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(d) Effective period. This section will
be effective from 12:01 a.m. through
11:59 p.m. local time on July 4, 2006.
Dated: June 9, 2006.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the
Port, Baltimore, Maryland.
[FR Doc. E6–9659 Filed 6–19–06; 8:45 am]
as the public benefits immediately with
correct addresses and hours for the
relocated NARA facilities, any delay in
the effective date would be contrary to
the public interest.
This rule is not a significant
regulatory action for the purposes of
Executive Order 12866 and has not been
reviewed by the Office of Management
and Budget. As required by the
Regulatory Flexibility Act, I certify that
this rule will not have a significant
impact on a substantial number of small
entities because this rule applies to
agencies and individual researchers.
This regulation does not have any
federalism implications. This rule is not
a major rule as defined in 5 U.S.C.
Chapter 8, Congressional Review of
Agency Rulemaking.
List of Subjects in 36 CFR Part 1253
Archives and records.
BILLING CODE 4910–15–P
For the reasons set forth in the
preamble, NARA amends part 1253 of
title 36, Code of Federal Regulations, as
follows:
I
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
PART 1253—LOCATIONS OF
RECORDS AND HOURS OF USE
36 CFR Part 1253
[NARA–06–0004]
1. The authority citation for part 1253
continues to read as follows:
I
RIN 3095–AB50
NARA Facility Locations and Hours
Authority: 44 U.S.C. 2104(a).
National Archives and Records
Administration (NARA).
ACTION: Final rule.
AGENCY:
NARA is revising its
regulations on the locations and hours
of NARA facilities to reflect the
relocation of two facilities in the past
fiscal year. This final rule will affect the
public.
DATES: Effective Date: Effective June 20,
2006.
FOR FURTHER INFORMATION CONTACT:
Laura McCarthy at 301–837–3023.
SUPPLEMENTARY INFORMATION: The
proposed rule was published in the May
12, 2006, Federal Register (71 FR
27653) for a 30-day comment period.
Notification of user groups occurred
following publication of the proposed
rule.
NARA received no comments on the
proposed rule and therefore is issuing
the final rule with no changes.
This rule is effective upon publication
for ‘‘good’’ cause as permitted by
Administrative Procedure Act (5 U.S.C.
553(d)(3)). NARA believes that delaying
the effective date for 30 days is
unnecessary as this rule represents
minor technical amendments. Moreover,
wwhite on PROD1PC61 with RULES
SUMMARY:
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15:58 Jun 19, 2006
Jkt 208001
2. Amend § 1253.6 by revising
paragraph (d) and (l) to read as follows:
I
§ 1253.6
Records centers.
*
*
*
*
*
(d) NARA—Southeast Region
(Atlanta) is located at 4712 Southpark
Blvd., Ellenwood, GA 30294. The hours
are 7:30 a.m. to 3 p.m., Monday through
Friday. The telephone number is 404–
736–2820.
*
*
*
*
*
(l) NARA—Pacific Region (Riverside)
is located at 23123 Cajalco Road, Perris,
CA 92570–7298. The hours are 8:45 a.m.
to 3 p.m., Monday through Friday for
scheduled appointments. The telephone
number is 951–956–2000.
*
*
*
*
*
Dated: June 14, 2006.
Allen Weinstein,
Archivist of the United States.
[FR Doc. E6–9645 Filed 6–19–06; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[SW–FRL–8185–4]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Removal of Final
Rule
AGENCY:
Environmental Protection
Agency.
ACTION:
Removal of final rule.
SUMMARY: The Environmental Protection
Agency (EPA) is removing its final rule
to grant a petition submitted by Tokusen
U.S.A, Inc. to exclude (or delist) a
certain F006 filter cake generated by its
Conway, Arkansas Plant from the lists of
hazardous wastes. This rule removes the
final rule published in 67 FR 79874
(December 31, 2002). The EPA has
received data from the facility
indicating that the waste currently
generated is no longer representative of
the waste for which the petition was
submitted. EPA acknowledges these
changes and has requested that Tokusen
withdraw its petition. Tokusen may
submit a new delisting petition for the
waste stream at any time.
DATES:
Effective June 20, 2006.
FOR FURTHER INFORMATION CONTACT:
Michelle Peace by mail at U.S. EPA
Region 6, Multimedia Planning and
Permitting Division, Corrective Action
and Waste Minimization Section (6PD–
C), 1445 Ross Avenue, Dallas, TX 75202,
by phone at (214) 665–7430 or by e-mail
at peace.michelle@epa.gov.
On
December 31, 2002, at 67 FR 79874, EPA
finalized an exclusion from the list of
hazardous wastes for Tokusen U.S.A.,
Inc in Conway, Arkansas. On November
8, 2004, EPA received information from
the facility that the concentrations of
zinc were elevated above the delisting
exclusion concentrations. Tokusen
withdrew its delisting petition,
submitted October 24, 2001, for the
F006 filter cake on January 6, 2006. The
Tokusen U.S.A., Inc, Conway AR,
exclusion found in 40 CFR part 261,
appendix IX, Table 1 will be removed
from the Code of Federal Regulations.
SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous
waste, Recycling, Reporting and
recordkeeping requirements.
BILLING CODE 7515–01–P
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35395
Authority: Section 3001(f) RCRA, 42 U.S.C.
6921(f).
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]]>Agencies
[Federal Register Volume 71, Number 118 (Tuesday, June 20, 2006)]
[Rules and Regulations]
[Pages 35393-35395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9659]
[[Page 35393]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-06-014]
RIN 1625-AA87
Security Zone; Georgetown Channel, Potomac River, Washington, DC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone on
the waters of the upper Potomac River. This action is necessary to
provide for the security of a large number of visitors to the annual
July 4th celebration on the National Mall in Washington, DC. The
security zone will allow for control of a designated area of the river
and safeguard spectators and high-ranking officials.
DATES: This rule is effective from 12:01 a.m. to 11:59 p.m. local time
on July 4, 2006.
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 CGD05-06-014 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
On April 3, 2006, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zone; Georgetown Channel, Potomac River,
Washington, D.C.'' in the Federal Register (71 FR 16531). We received
no letters commenting on the proposed rule. No public meeting 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 the public from waterborne acts of sabotage or terrorism. Any
delay in the effective date of this rule is impractical and contrary to
the public interest.
Background and Purpose
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, and to take steps to prevent the catastrophic impact
that a terrorist attack against a large number of spectators and high-
ranking officials during the annual July 4th celebration would have on
the public interest, the Coast Guard is establishing a security zone
upon all waters of the Georgetown Channel of the Potomac River, from
the surface to the bottom, 75 yards from the eastern shore measured
perpendicularly to the shore, between the Long Railroad Bridge (the
most eastern bridge of the 5-span, Fourteenth Street Bridge Complex) to
the Theodore Roosevelt Memorial Bridge and all waters in between,
totally including the waters of the Georgetown Channel Tidal Basin.
This security zone will help the Coast Guard to prevent vessels or
persons from engaging in terrorist actions against a large number of
spectators and high-ranking officials during the annual July 4th
celebration. Due to these heightened security concerns, and the
catastrophic impact a terrorist attack on the National Mall in
Washington, DC, during the annual July 4th celebration would have on
the large number of spectators and high-ranking officials, and the
surrounding area and communities, a security zone is prudent for this
type of event.
Discussion of Comments and Change
The Coast Guard received no comments on the proposed rule during
the comment period published in the NPRM. No public meeting was
requested and none was held. As a result, no change to the proposed
regulatory text was made.
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 Homeland
Security (DHS).
This security zone will encompass only a small portion of the
waterway and vessels or persons may be allowed to enter this zone with
permission of the Captain of the Port, Baltimore, Maryland.
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
might be small entities: the owners or operators of vessels intending
to transit or anchor in a portion of the Potomac River (including the
waters of the Georgetown Channel Tidal Basin) from 12:01 a.m. to 11:59
p.m. on July 4, 2006.
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 twenty-four hours and the security zone will
only apply to 75 yards of the Potomac River (from the eastern shore
measured perpendicularly to the shore), and not the entire width of the
river. Smaller vessels not constrained by their draft, which are more
likely to be small entities, may safely transit around the security
zone. Additionally, before the effective period, the Coast Guard will
issue maritime advisories widely available to users of the river to
allow mariners to make alternative plans for transiting the affected
areas. Because the zone is of limited size, it is expected that there
will be minimal disruption to the maritime community.
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
[[Page 35394]]
could better evaluate its effects on them and participate in the
rulemaking process. However, we received no requests for assistance
from any small entities.
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.
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
guides 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 regulation establishes a security zone. A final
``Environmental Analysis Check List'' and a final ``Categorical
Exclusion Determination'' are 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(g), 6.04-1, 6.04-6, and 160.5; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T05-014 to read as follows:
Sec. 165.T05-014 Security Zone; Georgetown Channel, Potomac River,
Washington, DC.
(a) Definitions. For purposes of this section, Captain of the Port,
Baltimore, Maryland 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 or her behalf.
(b) Location. The following area is a security zone: All waters of
the Georgetown Channel of the Potomac River, from the surface to the
bottom, 75 yards from the eastern shore measured perpendicularly to the
shore, between the Long Railroad Bridge (the most eastern bridge of the
5-span, Fourteenth Street Bridge Complex) to the Theodore Roosevelt
Memorial Bridge and all waters in between, totally including the waters
of the Georgetown Channel Tidal Basin.
(c) Regulations. (1) The general regulations governing security
zones, found in Sec. 165.33 of this part, apply to the security zone
described in paragraph (b) 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.
(3) Persons or vessels requiring entry into or passage through the
security zone must first request authorization from the Captain of the
Port, Baltimore to seek 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
[[Page 35395]]
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
and proceed at the minimum speed necessary to maintain a safe course
while within the zone.
(4) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(d) Effective period. This section will be effective from 12:01
a.m. through 11:59 p.m. local time on July 4, 2006.
Dated: June 9, 2006.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E6-9659 Filed 6-19-06; 8:45 am]
BILLING CODE 4910-15-P
