Security Zone; Georgetown Channel, Potomac River, Washington, DC, 35393-35395 [E6-9659]

Download as PDF 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. VerDate Aug<31>2005 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 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 E:\FR\FM\20JNR1.SGM 20JNR1 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 PO 00000 Frm 00022 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 E:\FR\FM\20JNR1.SGM 20JNR1 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: VerDate Aug<31>2005 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 PO 00000 35395 Authority: Section 3001(f) RCRA, 42 U.S.C. 6921(f). Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1

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