Security Zone; Anacostia River, Washington, DC, 20797-20799 [08-1146]

Download as PDF Federal Register / Vol. 73, No. 75 / Thursday, April 17, 2008 / Rules and Regulations comparable employees receive the same amount or the same percentage for the calendar year. Also, an employer that accelerates contributions to the HSAs of its employees will not fail to satisfy the comparability rules because an employee who terminates employment prior to the end of the calendar year has received more contributions on a monthly basis than employees who work the entire calendar year. An employer is not required to contribute reasonable interest on either accelerated or non-accelerated HSA contributions. But see Q & A–6 and Q & A–12 of this section for when reasonable interest must be paid. Q–16: What is the effective date for the rules in Q & A–14 and Q & A–15 of this section? A–16: These regulations apply to employer contributions made for calendar years beginning on or after January 1, 2009. Approved: April 10, 2008. Linda E. Stiff, Deputy Commissioner for Services and Enforcement. Eric Solomon, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E8–8214 Filed 4–16–08; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2008–0114] RIN 1625–AA87 Security Zone; Anacostia River, Washington, DC Coast Guard, DHS. Temporary final rule. AGENCY: mstockstill on PROD1PC66 with RULES ACTION: SUMMARY: The Coast Guard is establishing a temporary security zone encompassing certain waters of the 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. VerDate Aug<31>2005 17:02 Apr 16, 2008 Jkt 214001 This rule is effective from 7:30 a.m. through 2 p.m. on April 17, 2008. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2008–0114 and are available online at http:// www.regulations.gov. This material is also available for inspection or copying at two locations: the 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays and 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: DATES: Regulatory Information On March 7, 2008, we published a notice of proposed rulemaking (NPRM) entitled ‘‘Security Zone; Anacostia River, Washington, DC’’ in the Federal Register (73 FR 12318). We received one letter, with an attached photo, commenting on the proposed rule. Based on this comment, no changes were made to 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. It would be contrary to public interest to delay the effective date of this rule. The Department of Homeland Security designated the 2008 Papal Visits in the United States as Special Events Awareness Report (SEAR) Level II. The Coast Guard is establishing this security zone to support the United States Secret Service, the designated lead federal agency for the events, in their efforts to coordinate security operations and establish a secure environment for this highly visible and publicized event. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 20797 The measures contemplated by the rule are intended to protect the public and high-ranking public officials 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. 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 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 of a terrorist attack against a large number of participants, and the surrounding waterfront area and communities, in Washington, DC. This temporary security zone applies to 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. Although 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 established and engaging in terrorist actions against a large number of participants during the highlypublicized event. Discussion of Comments and Changes The Coast Guard received one comment in response to the NPRM. No E:\FR\FM\17APR1.SGM 17APR1 20798 Federal Register / Vol. 73, No. 75 / Thursday, April 17, 2008 / Rules and Regulations public meeting was requested and none was held. The commenter, the developer of a piece of equipment that can be preattached to any standard fire hydrant, stated that such an item could quickly be activated to decontaminate or cool many people by providing ‘‘a ring of potential showers around the stadium while the Pope is there.’’ We did not make any changes from the proposed rule which involves a security zone on the Anacostia River based on this comment. We did, however, revise paragraph (b)(1) of the regulatory text to reflect what we stated in the preamble of the NPRM, that except for Public vessels and vessels at berth, mooring or at anchor, all vessels in this zone must depart the security zone. mstockstill on PROD1PC66 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. There is little seasonal vessel traffic associated with recreational boating and commercial fishing during the effective period, and vessels may seek permission from the Captain of the Port Baltimore to enter and transit the zone. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule 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 VerDate Aug<31>2005 17:02 Apr 16, 2008 Jkt 214001 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. Also, before the effective period, we would issue maritime advisories widely available to users of the Anacostia River, and vessels may seek permission from the Captain of the Port Baltimore to enter and transit the security zone. $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. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), in the NPRM we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Civil Justice Reform 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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. 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 E:\FR\FM\17APR1.SGM 17APR1 Federal Register / Vol. 73, No. 75 / Thursday, April 17, 2008 / Rules and Regulations 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 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 rule 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. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: Federal Management Regulation; FMR Case 2007–102–2, Sale of Personal Property-Federal Asset Sales (eFAS) Sales Centers Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Final rule. AGENCY: 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. I 2. Add § 165.T08–012 to read as follows: mstockstill on PROD1PC66 with RULES GENERAL SERVICES ADMINISTRATION RIN 3090–AI33 1. The authority citation for part 165 continues to read as follows: § 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°51′50″ Jkt 214001 BILLING CODE 4910–15–P [FMR Amendment 2008–05; FMR Case 2007–102–2; Docket FMR–2008–0001; Sequence 2] I 17:02 Apr 16, 2008 Dated: April 10, 2008. Brian D. Kelley, Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland. [FR Doc. 08–1146 Filed 4–15–08; 9:31 am] 41 CFR Part 102–38 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS VerDate Aug<31>2005 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 the security zone described in paragraph (a) of this section is prohibited unless authorized by the Coast Guard Captain of the Port, Baltimore. Except for Public vessels and vessels at berth, mooring or at anchor, all vessels in this zone must depart the security zone. (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, 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. SUMMARY: The General Services Administration is amending the Federal Management Regulation (FMR) by adding provisions for the sale of personal property through Federal Asset Sales (eFAS) Sales Centers. DATES: Effective Date: This rule is effective on April 17, 2008. Compliance Date: For agencies already tasked by the Office of Management and Budget (OMB) to meet PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 20799 e-Government milestones related to this eFAS initiative, you must comply by April 17, 2008. All other agencies must comply with the e-Government milestones identified in section 102–38.360 by July 17, 2009. FOR FURTHER INFORMATION CONTACT: Mr. Robert Holcombe, Office of Governmentwide Policy, Personal Property Management Policy, at (202) 501–3828, or e-mail at robert.holcombe@gsa.gov for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat, Room 4035, GS Building, Washington, DC 20405, (202) 501–4755. Please cite FMR Amendment 2008–05, FMR Case 2007–102–2. SUPPLEMENTARY INFORMATION: A. Background A proposed rule was published in the Federal Register on April 3, 2007 (72 FR 15854) soliciting comments on proposed changes to 41 CFR part 102–38. Nineteen individuals, agencies, or entities provided comments. Many of those providing comments had multiple statements, questions, or concerns. After reviewing the comments, and recognizing that the milestones listed in Subpart H were inconsistent with the eFAS e-Government milestones, that section is being revised to refer to the eFAS initiative milestones, which have been developed between the Office of Management and Budget, the eFAS Planning Office, and agency representatives over the past year. These milestones are available to the public via GSA’s Web site at http:// www.gsa.gov/govsalesmilestones. The second major change from the proposed rule is to address comments from the public that there is a perception that this e-Government initiative will make agencies choose less effective sales solutions in order to migrate to an approved Sales Center (SC). Section 102–38.360 is rewritten to further emphasize that agencies should identify sales solutions which are more effective than those solutions offered by approved Sales Centers by submitting a waiver to the eFAS Planning Office. GSA foresees granting temporary waivers for agencies to use these more effective solutions until either the sales solutions are approved as Sales Centers, or the agency migrates to an approved Sales Center as quickly as practicable. It is not the intent of the eFAS initiative nor this regulation to make agencies migrate away from effective sales solutions. The intent is to identify the best sales solutions for Federal assets, and to make these assets visible to the E:\FR\FM\17APR1.SGM 17APR1

Agencies

[Federal Register Volume 73, Number 75 (Thursday, April 17, 2008)]
[Rules and Regulations]
[Pages 20797-20799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1146]


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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: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary security zone 
encompassing certain waters of the 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 7:30 a.m. through 2 p.m. on April 
17, 2008.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0114 and are available online at http://
www.regulations.gov. This material is also available for inspection or 
copying at two locations: the 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, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays and 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 the docket, call Renee V. 
Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On March 7, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone; Anacostia River, Washington, DC'' in 
the Federal Register (73 FR 12318). We received one letter, with an 
attached photo, commenting on the proposed rule. Based on this comment, 
no changes were made to 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. It would be contrary to public 
interest to delay the effective date of this rule.
    The Department of Homeland Security designated the 2008 Papal 
Visits in the United States as Special Events Awareness Report (SEAR) 
Level II. The Coast Guard is establishing this security zone to support 
the United States Secret Service, the designated lead federal agency 
for the events, in their efforts to coordinate security operations and 
establish a secure environment for this highly visible and publicized 
event.
    The measures contemplated by the rule are intended to protect the 
public and high-ranking public officials 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.

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 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 of a terrorist attack against a large 
number of participants, and the surrounding waterfront area and 
communities, in Washington, DC. This temporary security zone applies 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. 
Although 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 
established and engaging in terrorist actions against a large number of 
participants during the highly-publicized event.

Discussion of Comments and Changes

    The Coast Guard received one comment in response to the NPRM. No

[[Page 20798]]

public meeting was requested and none was held.
    The commenter, the developer of a piece of equipment that can be 
pre-attached to any standard fire hydrant, stated that such an item 
could quickly be activated to decontaminate or cool many people by 
providing ``a ring of potential showers around the stadium while the 
Pope is there.''
    We did not make any changes from the proposed rule which involves a 
security zone on the Anacostia River based on this comment. We did, 
however, revise paragraph (b)(1) of the regulatory text to reflect what 
we stated in the preamble of the NPRM, that except for Public vessels 
and vessels at berth, mooring or at anchor, all vessels in this zone 
must 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.
    There is little seasonal vessel traffic associated with 
recreational boating and commercial fishing during the effective 
period, and vessels may seek permission from the Captain of the Port 
Baltimore to enter and transit the zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule 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. Also, before the effective period, we 
would issue maritime advisories widely available to users of the 
Anacostia River, and vessels may seek permission from the Captain of 
the Port Baltimore to enter and transit 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), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency

[[Page 20799]]

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 
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 rule 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, 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 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 the security zone described in 
paragraph (a) of this section is prohibited unless authorized by the 
Coast Guard Captain of the Port, Baltimore. Except for Public vessels 
and vessels at berth, mooring or at anchor, all vessels in this zone 
must depart the security zone.
    (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, 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: April 10, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 08-1146 Filed 4-15-08; 9:31 am]
BILLING CODE 4910-15-P