Security Zone; Potomac and Anacostia Rivers, Washington, DC and Arlington and Fairfax Counties, VA, 905-907 [E7-58]
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Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Rules and Regulations
Example 4. The facts are the same as in
Example 3 except that, instead of contacting
P concerning an examination under section
6707(a), in December 2004, the IRS served P
with a John Doe summons described in
section 7609(f) relating to the tax liability of
participants in the type of transaction for
which X claimed tax benefits on its return.
X cannot file a qualified amended return after
the John Doe summons has been served
regardless of when, or whether, the
transaction becomes a listed transaction.
Example 5. On November 30, 2003, the IRS
served a John Doe summons described in
section 7609(f) on Corporation Y, a credit
card company. The summons requested the
identity of, and information concerning,
United States taxpayers who, during the
taxable years 2001 and 2002, had signature
authority over Corporation Y’s credit cards
issued by, through, or on behalf of certain
offshore financial institutions. Corporation Y
complied with the summons, and identified,
among others, Taxpayer B. On May 31, 2004,
before the IRS first contacted Taxpayer B
concerning an examination of Taxpayer B’s
Federal income tax return for the taxable year
2002, Taxpayer B filed an amended return for
that taxable year, that showed an increase in
Taxpayer B’s Federal income tax liability.
Under paragraph (c)(3)(i)(D) of this section,
the amended return is not a qualified
amended return because it was not filed
before the John Doe summons was served on
Corporation Y.
Example 6. The facts are the same as in
Example 5. Taxpayer B continued to
maintain the offshore credit card account
through 2003 and filed an original tax return
for the 2003 taxable year claiming tax
benefits attributable to the existence of the
account. On March 21, 2005, Taxpayer B
filed an amended return for the taxable year
2003, that showed an increase in Taxpayer
B’s Federal income tax liability. Under
paragraph (c)(3)(i)(D) of this section, the
amended return is not a qualified amended
return because it was not filed before the
John Doe summons for 2001 and 2002 was
served on Corporation Y, and the return
reflects benefits from the type of activity that
is the subject of the John Doe summons.
Example 7. (i) On November 30, 2003, the
IRS served a John Doe summons described in
section 7609(f) on Corporation Y, a credit
card company. The summons requested the
identity of, and information concerning,
United States taxpayers who, during the
taxable years 2001 and 2002, had signature
authority over Corporation Y’s credit cards
issued by, through, or on behalf of certain
offshore financial institutions. Taxpayer C
did not have signature authority over any of
Corporation Y’s credit cards during either
2001 or 2002 and, therefore, was not a person
described in the John Doe summons.
(ii) In 2003, Taxpayer C first acquired
signature authority over a Corporation Y
credit card issued by an offshore financial
institution. Because Taxpayer C did not have
signature authority during 2001 or 2002 over
a Corporation Y credit card issued by an
offshore financial institution, and was
therefore not covered by the John Doe
summons served on November 30, 2003,
Taxpayer C’s ability to file a qualified
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03:41 Jan 09, 2007
Jkt 211001
amended return for the 2003 taxable year is
not limited by paragraph (c)(3)(i)(D) of this
section.
*
*
*
§ 1.6664–2T
I
*
*
[Removed]
Par. 6. Section 1.6664–2T is removed.
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
Approved: December 21, 2006.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E6–22645 Filed 1–8–07; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD05–06–120]
RIN 1625–AA87
Security Zone; Potomac and Anacostia
Rivers, Washington, DC and Arlington
and Fairfax Counties, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary security zone
encompassing certain waters of the
Potomac River and Anacostia River in
order to safeguard high-ranking public
officials from terrorist acts and
incidents. This action is necessary to
ensure the safety of persons and
property, and prevent terrorist acts or
incidents. This rule prohibits vessels
and people from entering the security
zone and requires vessels and persons
in the security zone to depart the
security zone, unless specifically
exempt under the provisions in this rule
or granted specific permission from the
Coast Guard Captain of the Port
Baltimore.
DATES: This rule is effective from 8 a.m.
on January 23, 2007, through 8 a.m. on
January 24, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD05–06–
120 and are available for inspection or
copying at Commander, Coast Guard
Sector Baltimore, 2401 Hawkins Point
Road, Baltimore, Maryland 21226–1791,
between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Ronald Houck, Waterways Management
Division, at Commander, Coast Guard
PO 00000
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Fmt 4700
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905
Sector Baltimore, 2401 Hawkins Point
Road, Baltimore, Maryland 21226–1791,
telephone number (410) 576–2674.
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 and for
making this rule effective less than 30
days after publication in the Federal
Register. The Department of Homeland
Security designated the January 23,
2007 State of the Union Address a
National Special Security Event (NSSE).
The Coast Guard is establishing this
security zone to support the United
States Secret Service, the designated
lead Federal agency for an NSSE, in
their efforts to coordinate security
operations and establish a secure
environment for this highly visible and
publicized event. This temporary
security zone of short duration is
necessary to provide for the security of
high-ranking United States officials and
the public at large. Additionally, the
publication of an NPRM is contrary to
the public interest, as immediate action
is required to address the ongoing threat
to U.S. national interests.
For the same reasons, 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. The
measures contemplated by the rule are
intended to protect the public by
preventing waterborne acts of terrorism,
which terrorists have demonstrated a
capability to carry out. Immediate action
is needed to defend against and deter
these terrorist acts. Any delay in the
effective date of this rule is contrary to
public and national interests.
Background and Purpose
The ongoing hostilities in Afghanistan
and Iraq have made it prudent for U.S.
ports and waterways to be on a higher
state of alert because the al Qaeda
organization and other similar
organizations have declared an ongoing
intention to conduct armed attacks on
U.S. interests worldwide. Due to
increased awareness that future terrorist
attacks are possible, the Coast Guard, as
lead Federal agency for maritime
homeland security, has determined that
the Coast Guard Captain of the Port
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
E:\FR\FM\MIKE.XXX
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906
Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Rules and Regulations
security zone is part of a comprehensive
port security regime designed to
safeguard human life, vessels, and
waterfront facilities against sabotage or
terrorist attacks.
The Captain of the Port Baltimore is
establishing a security zone to address
the aforementioned security concerns
and to take steps to prevent the
catastrophic impact that a terrorist
attack against a gathering of highranking United States officials at or near
the U.S. Capitol Building would have.
This temporary security zone applies to
all waters of the Potomac River, from
the Woodrow Wilson Memorial Bridge
upstream to the Key Bridge, including
the waters of the Anacostia River
downstream from the Highway 50
Bridge to the confluence with the
Potomac River, including the waters of
the Georgetown Channel Tidal Basin.
Vessels underway at the time this
security zone is implemented will
immediately proceed out of the zone.
We will issue written and broadcast
Notices to Mariners to further publicize
the security zone and any revisions to
the zone.
Except for public vessels and vessels
at berth, mooring or at anchor, this rule
temporarily requires all vessels in the
designated security zone as defined by
this rule to depart the security zone.
bajohnson on PROD1PC69 with RULES
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).
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
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03:41 Jan 09, 2007
Jkt 211001
vessels intending to operate, transit or
anchor on the Potomac River, from the
Woodrow Wilson Memorial Bridge
upstream to the Key Bridge, including
the waters of the Anacostia River
downstream from the Highway 50
Bridge to the confluence with the
Potomac River, including the waters of
the Georgetown Channel Tidal Basin,
from 8 a.m. on January 23, 2007 through
8 a.m. on January 24, 2007. This
security zone will not have a significant
economic impact on a substantial
number of small entities due to a lack
of seasonal vessel traffic associated with
recreational boating and commercial
fishing during the effective period.
Further, vessels with compelling
interests that outweigh the port’s
security needs may be granted waivers
from the requirements of the security
zone.
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. If your small business or
organization would be affected by this
final rule and you have questions
concerning its provisions or options for
compliance, please contact one of the
points of contact listed under FOR
FURTHER INFORMATION CONTACT.
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
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
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
E:\FR\FM\MIKE.XXX
MIKE
Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Rules and Regulations
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
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.
Under figure 2–1, paragraph (34)(g), of
the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are available
in the docket.
bajohnson on PROD1PC69 with RULES
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Vessels, 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; Pub. L.
VerDate Aug 31 2005
03:41 Jan 09, 2007
Jkt 211001
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T05–120 to
read as follows:
I
907
Dated: December 18, 2006.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the
Port, Baltimore, Maryland.
[FR Doc. E7–58 Filed 1–8–07; 8:45 am]
§ 165.T05–120 Security Zone; Potomac
and Anacostia Rivers, Washington, DC and
Arlington and Fairfax Counties, VA.
BILLING CODE 4910–15–P
(a) Definitions. For the purposes of
this section, Captain of the Port
Baltimore means the Commander, U.S.
Coast Guard Sector Baltimore, Maryland
and any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Commander, U.S.
Coast Guard Sector Baltimore, Maryland
to act as a designated representative on
his behalf.
(b) Location. The following area is a
security zone: All waters of the Potomac
River, from shoreline to shoreline,
bounded by the Woodrow Wilson
Memorial Bridge upstream to the Key
Bridge, and all waters of the Anacostia
River, from shoreline to shoreline,
downstream from the Highway 50
Bridge to the confluence with the
Potomac River, including the waters of
the Georgetown Channel Tidal Basin.
(c) Regulations. (1) The general
regulations governing security zones
found in § 165.33 apply to the security
zone described in paragraph (b) of this
temporary section.
(2) Entry into or remaining in this
zone is prohibited unless authorized by
the Captain of the Port Baltimore or his
designated representative. Except for
Public vessels and vessels at berth,
mooring or at anchor, all vessels in this
zone are to depart the security zone.
(3) Persons desiring to transit the area
of the security zone must first obtain
authorization from the Captain of the
Port Baltimore. To seek permission to
transit the area, the Captain of the Port
Baltimore can be contacted at telephone
number (410) 576–2693. The Coast
Guard vessels enforcing this section can
be contacted on Marine Band Radio,
VHF–FM 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 and
proceed at the minimum speed
necessary to maintain a safe course
while within the zone.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(e) Enforcement period. This section
will be enforced from 8 a.m. on January
23, 2007, through 8 a.m. on January 24,
2007.
DEPARTMENT OF HOMELAND
SECURITY
PO 00000
Frm 00033
Fmt 4700
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Coast Guard
33 CFR Part 165
[COTP SAVANNAH 06–160]
RIN 1625–AA87
Security Zone, Elba Island LNG
mooring Slip, Savannah River,
Savannah, GA
Coast Guard, DHS.
Interim rule with request for
comments.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a permanent security zone
due to changes in Liquefied Natural Gas
(LNG) tankship mooring arrangements
following the activation of two new
berths within a slip at the Southern LNG
Facility on the Savannah River. The
security zone includes all the waters
from surface to bottom of the
northeastern most mooring dolphin to
the southeastern most mooring dolphin
and continues west along the North and
South shoreline of the mooring slip to
the shoreline of the right descending
bank of the Savannah River. This
regulation is necessary to protect life
and property on the navigable waters of
the Savannah River and within the LNG
slip due to potential security risks
associated with the LNG Facility.
DATES: This interim rule is effective
January 9, 2007. Comments and related
material must reach the Coast Guard on
or before March 12, 2007.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket [COTP
Savannah 06–160], will become part of
this docket and will be available for
inspection or copying at Marine Safety
Unit Savannah, Juliette Gordon Low
Federal Building, Suite 1017, 100 W.
Oglethorpe, Savannah, Georgia 31401,
between 7:30 a.m. and 4:30 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Robert Webb, Waterways
Management Officer, Marine Safety Unit
Savannah; (912) 652–4353.
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]]>Agencies
[Federal Register Volume 72, Number 5 (Tuesday, January 9, 2007)]
[Rules and Regulations]
[Pages 905-907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-58]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-06-120]
RIN 1625-AA87
Security Zone; Potomac and Anacostia Rivers, Washington, DC and
Arlington and Fairfax Counties, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone
encompassing certain waters of the Potomac River and Anacostia River in
order to safeguard high-ranking public officials from terrorist acts
and incidents. This action is necessary to ensure the safety of persons
and property, and prevent terrorist acts or incidents. This rule
prohibits vessels and people from entering the security zone and
requires vessels and persons in the security zone to depart the
security zone, unless specifically exempt under the provisions in this
rule or granted specific permission from the Coast Guard Captain of the
Port Baltimore.
DATES: This rule is effective from 8 a.m. on January 23, 2007, through
8 a.m. on January 24, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-06-120 and are available for
inspection or copying at Commander, Coast Guard Sector Baltimore, 2401
Hawkins Point Road, Baltimore, Maryland 21226-1791, between 8 a.m. and
3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, Waterways Management
Division, at Commander, Coast Guard Sector Baltimore, 2401 Hawkins
Point Road, Baltimore, Maryland 21226-1791, telephone number (410) 576-
2674.
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 and for making this rule
effective less than 30 days after publication in the Federal Register.
The Department of Homeland Security designated the January 23, 2007
State of the Union Address a National Special Security Event (NSSE).
The Coast Guard is establishing this security zone to support the
United States Secret Service, the designated lead Federal agency for an
NSSE, in their efforts to coordinate security operations and establish
a secure environment for this highly visible and publicized event. This
temporary security zone of short duration is necessary to provide for
the security of high-ranking United States officials and the public at
large. Additionally, the publication of an NPRM is contrary to the
public interest, as immediate action is required to address the ongoing
threat to U.S. national interests.
For the same reasons, 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. The measures
contemplated by the rule are intended to protect the public by
preventing waterborne acts of terrorism, which terrorists have
demonstrated a capability to carry out. Immediate action is needed to
defend against and deter these terrorist acts. Any delay in the
effective date of this rule is contrary to public and national
interests.
Background and Purpose
The ongoing hostilities in Afghanistan and Iraq have made it
prudent for U.S. ports and waterways to be on a higher state of alert
because the al Qaeda organization and other similar organizations have
declared an ongoing intention to conduct armed attacks on U.S.
interests worldwide. Due to increased awareness that future terrorist
attacks are possible, the Coast Guard, as lead Federal agency for
maritime homeland security, has determined that the Coast Guard Captain
of the Port 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
[[Page 906]]
security zone is part of a comprehensive port security regime designed
to safeguard human life, vessels, and waterfront facilities against
sabotage or terrorist attacks.
The Captain of the Port Baltimore is establishing a security zone
to address the aforementioned security concerns and to take steps to
prevent the catastrophic impact that a terrorist attack against a
gathering of high-ranking United States officials at or near the U.S.
Capitol Building would have. This temporary security zone applies to
all waters of the Potomac River, from the Woodrow Wilson Memorial
Bridge upstream to the Key Bridge, including the waters of the
Anacostia River downstream from the Highway 50 Bridge to the confluence
with the Potomac River, including the waters of the Georgetown Channel
Tidal Basin. Vessels underway at the time this security zone is
implemented will immediately proceed out of the zone. We will issue
written and broadcast Notices to Mariners to further publicize the
security zone and any revisions to the zone.
Except for public vessels and vessels at berth, mooring or at
anchor, this rule temporarily requires all vessels in the designated
security zone as defined by this rule to depart the security zone.
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).
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, transit or anchor on the Potomac River, from the Woodrow
Wilson Memorial Bridge upstream to the Key Bridge, including the waters
of the Anacostia River downstream from the Highway 50 Bridge to the
confluence with the Potomac River, including the waters of the
Georgetown Channel Tidal Basin, from 8 a.m. on January 23, 2007 through
8 a.m. on January 24, 2007. This security zone will not have a
significant economic impact on a substantial number of small entities
due to a lack of seasonal vessel traffic associated with recreational
boating and commercial fishing during the effective period. Further,
vessels with compelling interests that outweigh the port's security
needs may be granted waivers from the requirements of the security
zone.
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. If your
small business or organization would be affected by this final rule and
you have questions concerning its provisions or options for compliance,
please contact one of the points of contact listed under FOR FURTHER
INFORMATION CONTACT.
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 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
[[Page 907]]
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
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.
Under figure 2-1, paragraph (34)(g), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are available in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Vessels, 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; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T05-120 to read as follows:
Sec. 165.T05-120 Security Zone; Potomac and Anacostia Rivers,
Washington, DC and Arlington and Fairfax Counties, VA.
(a) Definitions. For the purposes of this section, Captain of the
Port Baltimore means the Commander, U.S. Coast Guard Sector Baltimore,
Maryland and any Coast Guard commissioned, warrant, or petty officer
who has been authorized by the Commander, U.S. Coast Guard Sector
Baltimore, Maryland to act as a designated representative on his
behalf.
(b) Location. The following area is a security zone: All waters of
the Potomac River, from shoreline to shoreline, bounded by the Woodrow
Wilson Memorial Bridge upstream to the Key Bridge, and all waters of
the Anacostia River, from shoreline to shoreline, downstream from the
Highway 50 Bridge to the confluence with the Potomac River, including
the waters of the Georgetown Channel Tidal Basin.
(c) Regulations. (1) The general regulations governing security
zones found in Sec. 165.33 apply to the security zone described in
paragraph (b) of this temporary section.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Captain of the Port Baltimore or his designated
representative. Except for Public vessels and vessels at berth, mooring
or at anchor, all vessels in this zone are to depart the security zone.
(3) Persons desiring to transit the area of the security zone must
first obtain authorization from the Captain of the Port Baltimore. To
seek permission to transit the area, the Captain of the Port Baltimore
can be contacted at telephone number (410) 576-2693. The Coast Guard
vessels enforcing this section can be contacted on Marine Band Radio,
VHF-FM 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 and proceed at the minimum speed necessary to
maintain a safe course while within the zone.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This section will be enforced from 8 a.m.
on January 23, 2007, through 8 a.m. on January 24, 2007.
Dated: December 18, 2006.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E7-58 Filed 1-8-07; 8:45 am]
BILLING CODE 4910-15-P
