Security Zone; Anacostia River, Washington, DC, 12318-12321 [E8-4463]
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Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Proposed Rules
any comments or information that may
lead to the discovery of a significant
environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
Words of Issuance and Proposed
Regulatory Text
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 117.800 to read as follows:
§ 117.800
Mill Neck Creek.
The draw of the Bayville Bridge, mile
0.1, at Oyster Bay, New York, shall open
on signal between 7 a.m. and 11 p.m.,
from May 1 through October 31, and
between 7 a.m. and 5 p.m., Monday
through Friday, from November 1
through April 30. At all other times the
draw shall open on signal provided at
least a two-hour advance notice is given
by calling the number posted at the
bridge.
Dated: February 28, 2008.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. E8–4470 Filed 3–6–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
Public Participation and Request for
Comments
[Docket No. USCG–2008–0114]
RIN 1625–AA87
Security Zone; Anacostia River,
Washington, DC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary security zone
encompassing certain waters of the
Anacostia River in order to safeguard
the public and high-ranking public
officials attending a papal Mass on April
17, 2008, from terrorist acts and
incidents. This action is necessary to
ensure the safety of persons and
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SUMMARY:
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property, and prevent terrorist acts or
incidents. This rule would prohibit
vessels and people from entering the
security zone and would require 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: Comments and related material
must reach the Coast Guard on or before
April 7, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0114 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call Mr. Ronald Houck, at Coast
Guard Sector Baltimore, Waterways
Management Division, at telephone
number (410) 576–2674 or (410) 576–
2693. If you have questions on viewing
or submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
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We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0114),
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indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them. Given the amount of time
remaining before the papal Mass, after
considering comments we anticipate
making the temporary final rule
effective less than 30 days after
publication. If we do so, we will explain
in that publication, as required by 5
U.S.C. 553(d)(3), our good cause for
doing so.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time,
click on ‘‘Search for Dockets,’’ and enter
the docket number for this rulemaking
(USCG–2008–0114) in the Docket ID
box, and click enter. You may also visit
either the Docket Management Facility
in Room W12–140 on the ground floor
of the DOT West Building, 1200 New
Jersey Avenue, SE., Washington, DC
20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays; or the Commander, U.S. Coast
Guard Sector Baltimore, 2401 Hawkins
Point Road, Building 70, Waterways
Management Division, Baltimore,
Maryland, 21226–1791 between 8 a.m.
and 3 p.m., Monday through Friday,
except Federal holidays.
Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
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published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
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Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
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
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.
The Vatican has announced that
during his scheduled visit to the United
States, Pope Benedict XVI will be
conducting Mass at Nationals Park, the
new baseball stadium in southeast
Washington, DC, on Thursday, April 17,
2008. The 2-hour papal Mass is
scheduled to occur at 10 a.m., with
‘‘pre-Mass events’’ scheduled. Up to
45,000 attendees can be expected during
the event. The security of high-ranking
officials and the public at large in
Washington, DC requires that persons
and vessels be kept at a safe distance
from the waterfront stadium during the
papal Mass.
The Captain of the Port Baltimore is
proposing to establish a security zone to
address the aforementioned security
concerns and to take steps to prevent
the catastrophic impact that a terrorist
attack against a large number of
participants attending the papal Mass,
and the surrounding waterfront area and
communities, in Washington, DC. This
temporary security zone would apply to
all waters of the Anacostia River, from
shoreline to shoreline, from a line
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connecting the following points,
beginning at 38°51′50″ N, 077°00′41″ W
thence to 38°51′44″ N, 077°00′26″ W,
upstream to the Officer Kevin J. Welsh
Memorial (11th Street) Bridge.
Interference with normal port
operations will be kept to the minimum
considered necessary to ensure the
security of life and property on the
navigable waters immediately before,
during, and after the scheduled event.
This zone will help the Coast Guard to
prevent vessels or persons from
bypassing security measures for the
event and engaging in terrorist actions
against a large number of participants
during this highly-publicized papal
Mass.
Discussion of Proposed Rule
The Coast Guard proposes to establish
a security zone on all waters of the
Anacostia River, from shoreline to
shoreline, from a line connecting the
following points, beginning at 38°51′50″
N, 077°00′41″ W thence to 38°51′44″ N,
077°00′26″ W, upstream to the Officer
Kevin J. Welsh Memorial (11th Street)
Bridge, between 7:30 a.m. through
2 p.m. local time, on April 17, 2008, to
ensure the security of participants
immediately prior to, during, and
following the highly-publicized Mass to
be conducted by Pope Benedict XVI at
Nationals Park.
Vessels underway at the time this
security zone is implemented would
have to 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 would require all
vessels in the designated security zone
as defined by this rule to depart the
security zone for the duration of its
61⁄2 hour effective period.
Regulatory Evaluation
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analysis based
on 13 of these statutes or executive
orders.
Executive Order 12866
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of
this proposed rule to be so minimal that
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a full Regulatory Evaluation is
unnecessary. The operational
restrictions of the security zone are
tailored to provide the minimal
disruption of vessel operations
necessary to provide immediate,
improved security for persons, vessels,
and the waters of the Anacostia River.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed rule would affect
the following entities, some of which
might be small entities: The owners or
operators of vessels intending to transit,
operate or anchor in a portion of the
Anacostia River, from shoreline to
shoreline, from a line connecting the
following points, beginning at 38°51′50″
N, 077°00′41″ W thence to 38°51′44″ N,
077°00′26″ W, upstream to the Officer
Kevin J. Welsh Memorial (11th Street)
Bridge, from 7:30 a.m. through 2 p.m. on
April 17, 2008. Although the security
zone applies to the entire width of the
river, this 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. Vessels with a compelling need
to enter the security zone and transit the
security zone may seek permission from
the Captain of the Port Baltimore. Also,
before the effective period, we would
issue maritime advisories widely
available to users of the Anacostia River.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
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they can better evaluate its effects on
them and participate in the rulemaking.
If the proposed rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
Mr. Ronald Houck, at Coast Guard
Sector Baltimore, Waterways
Management Division, at telephone
number (410) 576–2674 or (410) 576–
2693. The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would 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.
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Civil Justice Reform
This proposed 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 proposed rule
under Executive Order 13045,
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Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
We invite your comments on how this
proposed rule might impact tribal
governments, even if that impact may
not constitute a ‘‘tribal implication’’
under the Order.
Energy Effects
We have analyzed this proposed 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.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is not likely to have a
significant effect on the human
environment. A preliminary
‘‘Environmental Analysis Check List’’
supporting this preliminary
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
Words of Issuance and Proposed
Regulatory Text
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T08–012 to read as
follows:
Technical Standards
§ 165.T08–012 Security Zone; Anacostia
River, Washington, DC.
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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
(a) Location. The following area is a
security zone: All waters of the
Anacostia River, from shoreline to
shoreline, from a line connecting the
following points, beginning at 38°51′50″
N, 077°00′41″ W thence to 38°51′44″ N,
077°00′26″ W, upstream to the Officer
Kevin J. Welsh Memorial (11th Street)
Bridge. These coordinates are based
upon North American Datum 1983.
(b) Regulations. (1) Entry into or
remaining in the security zone
described in paragraph (a) of this
section is prohibited unless authorized
by the Coast Guard Captain of the Port,
Baltimore.
(2) Persons desiring to transit the area
of the security zone may contact the
Captain of the Port at telephone number
410–576–2693 or on VHF channel 16
(156.8 MHz) to seek permission to
transit the area. If permission is granted,
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all persons and vessels must comply
with the instructions of the Captain of
the Port or his or her designated
representative.
(3) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the security zone by Federal, State
and local agencies.
(c) Effective period. This section is
effective from 7:30 a.m. through 2 p.m.
on April 17, 2008.
Dated: February 25, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the
Port, Baltimore, Maryland.
[FR Doc. E8–4463 Filed 3–6–08; 8:45 am]
BILLING CODE 4910–15–P
POSTAL SERVICE
39 CFR Part 111
New Standards Prohibit the Mailing of
Replica or Inert Munitions
Postal Service TM.
Proposed rule.
AGENCY:
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ACTION:
SUMMARY: The Postal Service is
proposing new standards to prohibit the
mailing of replica or inert munitions
such as grenades or other simulated
explosive devices.
DATES: We must receive your comments
on or before April 7, 2008.
ADDRESSES: Mail or deliver written
comments to the Manager, Mailing
Standards, U.S. Postal Service, 475
L’Enfant, Plaza, SW., Room 3436,
Washington, DC 20260–3436. You may
inspect and photocopy all written
comments at USPS Headquarters
Library, 475 L’Enfant, Plaza, SW., 11th
Floor N, Washington, DC between 9 a.m.
and 4 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT:
Michael F. Lee, 202–268–7263.
SUPPLEMENTARY INFORMATION: Current
Postal Service standards do not prohibit
look-alike weapons from the mail. In
order to ensure safety of postal
employees and prevent damage to postal
property or other mailpieces, inert
munitions have been handled as ‘‘live
ammunition’’ when found in the mail.
In the past, facilities have been
evacuated when inert replicas have been
identified in the mailstream. In 2006,
the Postal Service recorded 849
suspicious incidents involving mail that
exhibited characteristics of possible
explosives. Postal facilities were
evacuated on 100 separate occasions
due to these occurrences. Postal
Inspectors or local emergency first
responders reacted to each of these
occurrences to assess the items.
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Evacuations cost the Postal Service time
and money, create unnecessary stress
for employees, and can impact service
commitments.
Most importantly, employee safety
can be jeopardized when facsimiles of
potentially dangerous items are
permitted in the mail. Both real and
replica explosives have been found in
the mail and the replicas often are not
readily distinguishable from the real
articles. The Postal Service is concerned
that without prohibition of these types
of mail pieces, continued exposure to
replicated munitions, over time, will
lead to desensitized reactions should an
employee encounter items in the mail
that should be regarded as dangerous.
This proposed rule is part of our
ongoing commitment to increase the
safety of the mail and provide a safe
working environment for our
employees.
Although we are exempt from the
notice and comment requirements of the
Administrative Procedure Act [5 U.S.C.
of 553(b), (c)] regarding proposed
rulemaking by 39 U.S.C. 410(a), the
Postal Service invites public comment
on the following proposed revisions to
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM), incorporated in the Code of
Federal Regulations. See 39 CFR 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
PART 111—[AMENDED]
1. The authority citation for 39 CFR
part 111 continues to read as follows:
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633 and 5001.
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM) as follows:
*
*
*
*
*
600 Basic Standards for All Mailing
Services
601
Mailability
*
*
*
*
*
11.0 Other Restricted and
Nonmailable Matter
*
*
*
*
*
[Renumber current 11.5 through 11.20
as 11.6 through 11.21. Insert new 11.5
to read as follows:]
11.5
Replica or Inert Munitions
Replica or inert munitions that bear a
realistic appearance, such as simulated
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12321
grenades or other simulated explosive
devices, are not permitted in the mail.
*
*
*
*
*
We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes if the proposal is adopted.
Neva R. Watson,
Attorney, Legislative.
[FR Doc. E8–4459 Filed 3–6–08; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 122
[EPA–HQ–OW–2005–0037; FRL–8539–9]
RIN 2040–AE94
Revised National Pollutant Discharge
Elimination System Permit Regulations
for Concentrated Animal Feeding
Operations; Supplemental Notice of
Proposed Rulemaking
Environmental Protection
Agency (EPA).
ACTION: Supplemental notice of
proposed rulemaking.
AGENCY:
SUMMARY: This action is a supplemental
notice of proposed rulemaking (SNPRM)
to EPA’s June 30, 2006, notice of
proposed rulemaking (NPRM) revising
the National Pollutant Discharge
Elimination System (NPDES) permitting
requirements for concentrated animal
feeding operations (CAFOs), in response
to the order issued by the U.S. Court of
Appeals for the Second Circuit in
Waterkeeper Alliance et al. v. EPA, 399
F.3d 486 (2d Cir. 2005). In the June 2006
NPRM, EPA proposed to require only
CAFOs that discharge or propose to
discharge to seek coverage under a
permit. In this SNPRM, EPA is
proposing a voluntary option for CAFOs
to certify that the CAFO does not
discharge or propose to discharge based
on an objective assessment of the
CAFO’s design, construction, operation,
and maintenance. The June 2006
proposal also discussed the terms of the
nutrient management plan (NMP) that
would need to be incorporated into
NPDES permits. This SNPRM proposes
a framework for identifying the terms of
the NMP and three alternative
approaches for addressing rates of
application of manure, litter, and
process wastewater when identifying
terms of the NMP to be included in the
permit. This supplemental proposal
focuses solely on certification and terms
of the NMP and is not opening any other
provisions of the June 2006 proposal
and existing NPDES regulations or
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Agencies
[Federal Register Volume 73, Number 46 (Friday, March 7, 2008)]
[Proposed Rules]
[Pages 12318-12321]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4463]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0114]
RIN 1625-AA87
Security Zone; Anacostia River, Washington, DC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary security
zone encompassing certain waters of the Anacostia River in order to
safeguard the public and high-ranking public officials attending a
papal Mass on April 17, 2008, 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 would prohibit vessels
and people from entering the security zone and would require 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: Comments and related material must reach the Coast Guard on or
before April 7, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0114 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Mr. Ronald Houck, at Coast Guard Sector Baltimore, Waterways
Management Division, at telephone number (410) 576-2674 or (410) 576-
2693. If you have questions on viewing or submitting material to the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0114), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them. Given the amount of time remaining
before the papal Mass, after considering comments we anticipate making
the temporary final rule effective less than 30 days after publication.
If we do so, we will explain in that publication, as required by 5
U.S.C. 553(d)(3), our good cause for doing so.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-2008-0114) in the Docket ID box, and click
enter. You may also visit either the Docket Management Facility in Room
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays; or the Commander, U.S. Coast
Guard Sector Baltimore, 2401 Hawkins Point Road, Building 70, Waterways
Management Division, Baltimore, Maryland, 21226-1791 between 8 a.m. and
3 p.m., Monday through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
[[Page 12319]]
published on April 11, 2000 (65 FR 19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
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 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.
The Vatican has announced that during his scheduled visit to the
United States, Pope Benedict XVI will be conducting Mass at Nationals
Park, the new baseball stadium in southeast Washington, DC, on
Thursday, April 17, 2008. The 2-hour papal Mass is scheduled to occur
at 10 a.m., with ``pre-Mass events'' scheduled. Up to 45,000 attendees
can be expected during the event. The security of high-ranking
officials and the public at large in Washington, DC requires that
persons and vessels be kept at a safe distance from the waterfront
stadium during the papal Mass.
The Captain of the Port Baltimore is proposing to establish a
security zone to address the aforementioned security concerns and to
take steps to prevent the catastrophic impact that a terrorist attack
against a large number of participants attending the papal Mass, and
the surrounding waterfront area and communities, in Washington, DC.
This temporary security zone would apply to all waters of the Anacostia
River, from shoreline to shoreline, from a line connecting the
following points, beginning at 38[deg]51'50'' N, 077[deg]00'41'' W
thence to 38[deg]51'44'' N, 077[deg]00'26'' W, upstream to the Officer
Kevin J. Welsh Memorial (11th Street) Bridge. Interference with normal
port operations will be kept to the minimum considered necessary to
ensure the security of life and property on the navigable waters
immediately before, during, and after the scheduled event. This zone
will help the Coast Guard to prevent vessels or persons from bypassing
security measures for the event and engaging in terrorist actions
against a large number of participants during this highly-publicized
papal Mass.
Discussion of Proposed Rule
The Coast Guard proposes to establish a security zone on all waters
of the Anacostia River, from shoreline to shoreline, from a line
connecting the following points, beginning at 38[deg]51'50'' N,
077[deg]00'41'' W thence to 38[deg]51'44'' N, 077[deg]00'26'' W,
upstream to the Officer Kevin J. Welsh Memorial (11th Street) Bridge,
between 7:30 a.m. through 2 p.m. local time, on April 17, 2008, to
ensure the security of participants immediately prior to, during, and
following the highly-publicized Mass to be conducted by Pope Benedict
XVI at Nationals Park.
Vessels underway at the time this security zone is implemented
would have to 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 would require all
vessels in the designated security zone as defined by this rule to
depart the security zone for the duration of its 6\1/2\ hour effective
period.
Regulatory Evaluation
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analysis based on 13 of these statutes or executive orders.
Executive Order 12866
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. The
operational restrictions of the security zone are tailored to provide
the minimal disruption of vessel operations necessary to provide
immediate, improved security for persons, vessels, and the waters of
the Anacostia River.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit, operate or anchor in a
portion of the Anacostia River, from shoreline to shoreline, from a
line connecting the following points, beginning at 38[deg]51'50'' N,
077[deg]00'41'' W thence to 38[deg]51'44'' N, 077[deg]00'26'' W,
upstream to the Officer Kevin J. Welsh Memorial (11th Street) Bridge,
from 7:30 a.m. through 2 p.m. on April 17, 2008. Although the security
zone applies to the entire width of the river, this 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. Vessels
with a compelling need to enter the security zone and transit the
security zone may seek permission from the Captain of the Port
Baltimore. Also, before the effective period, we would issue maritime
advisories widely available to users of the Anacostia River.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that
[[Page 12320]]
they can better evaluate its effects on them and participate in the
rulemaking. If the proposed rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please contact Mr.
Ronald Houck, at Coast Guard Sector Baltimore, Waterways Management
Division, at telephone number (410) 576-2674 or (410) 576-2693. The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Words of Issuance and Proposed Regulatory Text
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
2. Add Sec. 165.T08-012 to read as follows:
Sec. 165.T08-012 Security Zone; Anacostia River, Washington, DC.
(a) Location. The following area is a security zone: All waters of
the Anacostia River, from shoreline to shoreline, from a line
connecting the following points, beginning at 38[deg]51'50'' N,
077[deg]00'41'' W thence to 38[deg]51'44'' N, 077[deg]00'26'' W,
upstream to the Officer Kevin J. Welsh Memorial (11th Street) Bridge.
These coordinates are based upon North American Datum 1983.
(b) Regulations. (1) Entry into or remaining in the security zone
described in paragraph (a) of this section is prohibited unless
authorized by the Coast Guard Captain of the Port, Baltimore.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 410-576-2693 or on
VHF channel 16 (156.8 MHz) to seek permission to transit the area. If
permission is granted,
[[Page 12321]]
all persons and vessels must comply with the instructions of the
Captain of the Port or his or her designated representative.
(3) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the security zone by Federal, State and local agencies.
(c) Effective period. This section is effective from 7:30 a.m.
through 2 p.m. on April 17, 2008.
Dated: February 25, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E8-4463 Filed 3-6-08; 8:45 am]
BILLING CODE 4910-15-P