Security Zone; Potomac River, Boundary Channel and Pentagon Lagoon, Washington, DC, 51719-51722 [E8-20659]
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Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Rules and Regulations
Steven Emme, Regulatory Policy
Division, Bureau of Industry and
Security, Department of Commerce,
14th and Pennsylvania Ave., NW.,
Room 2705, Washington, DC 20230.
DEPARTMENT OF THE TREASURY
Coast Guard
26 CFR Part 1
33 CFR Part 165
[TD 9417]
[Docket No. USCG–2008–0902]
RIN 1545–BE39
RIN 1625–AA87
Farmer and Fisherman Income
Averaging; Correction
Internal Revenue Service (IRS),
Treasury.
AGENCY:
PART 774—[AMENDED]
1. The authority citation for 15 CFR
part 774 is revised to read as follows:
I
2. In Supplement No. 1 to part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities, and
Equipment [and Miscellaneous Items],
ECCN 0A018 is amended by revising
‘‘Items’’ paragraph a. in the List of Items
Controlled section to read as follows:
I
Correction to final and
temporary regulations.
SUMMARY: This document corrects final
and temporary regulations (TD 9417)
that were published in the Federal
Register on Tuesday, July 22, 2008 (73
FR 42522) relating to the averaging of
farm and fishing income in computing
income tax liability.
FOR FURTHER INFORMATION CONTACT:
Amy Pfalzgraf, (202) 622–4960 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
Supplement No. 1 to Part 774—The
Commerce Control List
The final and temporary regulations
(TD 9417) that are the subject of this
correction are under section 1301 of the
Internal Revenue Code.
*
Need for Correction
*
*
Category 0—Nuclear Materials,
Facilities, and Equipment [and
Miscellaneous Items]
*
*
*
*
As published, TD 9417 contains an
error that may prove to be misleading
and is in need of clarification.
*
Correction of Publication
0A018 Items on the Wassenaar
Munitions List
*
*
*
*
*
hsrobinson on PROD1PC76 with RULES
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
a. Construction equipment built to
military specifications, including
equipment specially designed for
airborne transport; and specially
designed parts and accessories for such
construction equipment, including crew
protection kits used as protective cabs;
*
*
*
*
*
Dated: August 29, 2008.
Christopher R. Wall,
Assistant Secretary for Export
Administration.
[FR Doc. E8–20585 Filed 9–4–08; 8:45 am]
Accordingly, the publication of the
final and temporary regulations (TD
9417), which were the subject of FR
Doc. E8–16665, is corrected as follows:
On page 42522, column 2, in the
preamble, under the caption ‘‘For
Further Information Contact’’, line 2, the
language ‘‘Amy Pfalzgraf, (202) 622–
4950 (not a‘‘ is corrected to read ‘‘Amy
Pfalzgraf (202) 622–4960 (not a ‘‘.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. E8–20555 Filed 9–4–08; 8:45 am]
BILLING CODE 4830–01–P
BILLING CODE 3510–33–P
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Security Zone; Potomac River,
Boundary Channel and Pentagon
Lagoon, Washington, DC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
ACTION:
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u);
42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of July 23, 2008, 73 FR
43603 (July 25, 2008).
*
DEPARTMENT OF HOMELAND
SECURITY
Internal Revenue Service
List of Subjects in 15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
I For the reasons set forth in the
preamble, the Export Administration
Regulations (15 CFR 730–774) are
amended as follows:
*
51719
SUMMARY: The Coast Guard is
establishing a temporary security zone
encompassing certain waters of the
Potomac River. This action is necessary
to prevent terrorist acts and incidents
immediately before, during and after a
dedication ceremony held at The
Pentagon on September 11, 2008. 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 6 a.m.
through 11 a.m. on September 11, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0902 and are available online at
https://www.regulations.gov. They are
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 temporary
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:
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Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Rules and Regulations
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
publication of an NPRM is
impracticable and contrary to the public
interest as immediate action is
necessary to protect The Pentagon, highranking United States officials and the
public from security threats during a
dedication ceremony on September 11,
2008. This temporary security zone of
short duration is necessary to coordinate
security operations and establish a
secure environment.
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 Pentagon, highranking United States officials and 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.
hsrobinson on PROD1PC76 with RULES
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
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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 The Pentagon, highranking United States officials and the
public at large, and the surrounding
waterfront areas and communities in the
District of Columbia and Virginia. The
security zone is necessary to safeguard
life and property on the navigable
waters immediately before, during, and
after the scheduled event. This zone
will help the Coast Guard prevent
persons from bypassing the security
measures established on shore during
the event.
Discussion of Rule
On September 11, 2008, several highranking United States officials will
gather at The Pentagon Memorial during
an official dedication ceremony by the
Department of Defense. The Pentagon
Memorial honors victims of the 9/11
attack on The Pentagon. The ceremony
will take place in The Pentagon South
parking lot and at The Pentagon
Memorial site. The event will begin at
approximately 8 a.m.
The Coast Guard is establishing a
temporary security zone on certain
waters of the Potomac River in
Washington, DC. This zone, within the
Boundary Channel and Pentagon
Lagoon, is bounded on the west by a
line running north to south from points
along the shoreline at 38°52′50″ N/
077°03′25″ W, thence to 38°52′49″ N/
077°03′25″ W; and bounded on the east
by a line running northwest to southeast
from points along the shoreline at
38°52′34″ N/077°02′48″ W, thence to
38°52′32″ N/077°02′46″ W. The zone is
approximately 1,500 yards in length and
will be in effect from 6 a.m. through 11
a.m. on September 11, 2008.
Unauthorized persons in the area at the
time this security zone is implemented
must immediately proceed out of the
zone. Except for public vessels and
vessels at berth, mooring or at anchor,
this rule temporarily requires all
persons in the designated security zone
as defined by this rule to immediately
depart the security zone. Entry into this
security zone is prohibited, unless
specifically authorized by the Captain of
the Port, Baltimore, Maryland. U.S.
Coast Guard personnel will be provided
to prevent the movement of
unauthorized persons into the zone.
Federal, state, and local agencies may
assist the Coast Guard in the
enforcement of this rule.
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Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
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 no expected vessel
traffic associated with commercial
fishing during the 5-hour effective
period, and vessels may seek permission
and be granted 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 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, all waters
of the Potomac River, within the
Boundary Channel and Pentagon
Lagoon, from shoreline to shoreline,
bounded on the west by a line running
north to south from points along the
shoreline at 38°52′50″ N/077°03′25″ W,
thence to 38°52′49″ N/077°03′25″ W;
and bounded on the east by a line
running northwest to southeast from
points along the shoreline at 38°52′34″
N/077°02′48″ W, thence to 38°52′32″ N/
077°02′46″ W, from 6 a.m. through 11
a.m. on September 11, 2008. This
security zone will not have a significant
economic impact on a substantial
number of small entities, because it will
be effective for only 5 hours and vessels
may seek and be granted permission
from the Captain of the Port Baltimore
to enter and transit the zone.
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Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Rules and Regulations
Assistance for Small Entities
Civil Justice Reform
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer 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.
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.
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.
hsrobinson on PROD1PC76 with RULES
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.
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This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
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.
We have analyzed this rule under
Department of Homeland Security
Management Directive 5100.1 and
Commandant Instruction M16475.lD,
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 under the Instruction
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.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
Energy Effects
List of Subjects in 33 CFR Part 165
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
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.
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.
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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.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T05–0902 to
read as follows:
I
Technical Standards
PO 00000
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:
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§ 165.T05–0902 Security Zone; Potomac
River, Boundary Channel and Pentagon
Lagoon, Washington, DC.
(a) Definitions. For the purposes of
enforcement 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) Regulated Area. The following
area is a security zone: All waters of the
Potomac River, within the Boundary
Channel and Pentagon Lagoon, from
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shoreline to shoreline, bounded on the
west by a line running north to south
from points along the shoreline at
38°52′50″ N/077°03′25″ W, thence to
38°52′49″ N/077°03′25″ W; and bounded
on the east by a line running northwest
to southeast from points along the
shoreline at 38°52′34″ N/077°02′48″ W,
thence to 38°52′32″ N/077°02′46″ W
(Datum NAD 1983).
(c) Regulations. (1) The general
regulations governing security zones
found in § 165.33 of this part apply to
the security zone described in paragraph
(b) of this section.
(2) Entry into or remaining in this
zone is prohibited unless authorized by
the 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 6 a.m. through 11
a.m. on September 11, 2008.
Dated: August 28, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the
Port, Baltimore, Maryland.
[FR Doc. E8–20659 Filed 9–4–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
hsrobinson on PROD1PC76 with RULES
40 CFR Part 180
[EPA–HQ–OPP–2008–0491; FRL–8379–6]
Linuron; Pesticide Tolerance for
Emergency Exemptions
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
(703) 308–9356; e-mail address:
conrath.andrea@epa.gov.
Final rule.
SUMMARY: This regulation establishes a
time-limited tolerance for combined
residues of linuron and its metabolites
in or on lentils. This action is in
response to EPA’s granting of an
emergency exemption under section 18
of the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA)
authorizing use of the pesticide on
lentils. This regulation establishes a
maximum permissible level for residues
of linuron in the food commodity,
lentils. The time-limited tolerance
expires and is revoked on December 31,
2011.
This regulation is effective
September 5, 2008. Objections and
requests for hearings must be received
on or before November 4, 2008, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION.
DATES:
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2008–0491. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
website to view the docket index or
access available documents. All
documents in the docket are listed in
the docket index available in
regulations.gov. Although listed in the
index, some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either in the electronic docket
at https://www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Andrea Conrath, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
PO 00000
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SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies
of this Document?
In addition to accessing an electronic
copy of this Federal Register document
through the electronic docket at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr. You may
also access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing
Request?
Under section 408(g) of the Federal
Food, Drug, and Cosmetic Act (FFDCA),
as amended by the Food Quality
Protection Act of 1996 (FQPA), any
person may file an objection to any
aspect of this regulation and may also
request a hearing on those objections.
The EPA procedural regulations which
govern the submission of objections and
requests for hearings appear in 40 CFR
part 178. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
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]]>Agencies
[Federal Register Volume 73, Number 173 (Friday, September 5, 2008)]
[Rules and Regulations]
[Pages 51719-51722]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20659]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0902]
RIN 1625-AA87
Security Zone; Potomac River, Boundary Channel and Pentagon
Lagoon, Washington, DC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone
encompassing certain waters of the Potomac River. This action is
necessary to prevent terrorist acts and incidents immediately before,
during and after a dedication ceremony held at The Pentagon on
September 11, 2008. 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 6 a.m. through 11 a.m. on September
11, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0902 and are available online
at https://www.regulations.gov. They are 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
temporary 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:
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Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the publication of an NPRM is
impracticable and contrary to the public interest as immediate action
is necessary to protect The Pentagon, high-ranking United States
officials and the public from security threats during a dedication
ceremony on September 11, 2008. This temporary security zone of short
duration is necessary to coordinate security operations and establish a
secure environment.
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 Pentagon, high-
ranking United States officials and 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 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 The
Pentagon, high-ranking United States officials and the public at large,
and the surrounding waterfront areas and communities in the District of
Columbia and Virginia. The security zone is necessary to safeguard life
and property on the navigable waters immediately before, during, and
after the scheduled event. This zone will help the Coast Guard prevent
persons from bypassing the security measures established on shore
during the event.
Discussion of Rule
On September 11, 2008, several high-ranking United States officials
will gather at The Pentagon Memorial during an official dedication
ceremony by the Department of Defense. The Pentagon Memorial honors
victims of the 9/11 attack on The Pentagon. The ceremony will take
place in The Pentagon South parking lot and at The Pentagon Memorial
site. The event will begin at approximately 8 a.m.
The Coast Guard is establishing a temporary security zone on
certain waters of the Potomac River in Washington, DC. This zone,
within the Boundary Channel and Pentagon Lagoon, is bounded on the west
by a line running north to south from points along the shoreline at
38[deg]52'50'' N/077[deg]03'25'' W, thence to 38[deg]52'49'' N/
077[deg]03'25'' W; and bounded on the east by a line running northwest
to southeast from points along the shoreline at 38[deg]52'34'' N/
077[deg]02'48'' W, thence to 38[deg]52'32'' N/077[deg]02'46'' W. The
zone is approximately 1,500 yards in length and will be in effect from
6 a.m. through 11 a.m. on September 11, 2008. Unauthorized persons in
the area at the time this security zone is implemented must immediately
proceed out of the zone. Except for public vessels and vessels at
berth, mooring or at anchor, this rule temporarily requires all persons
in the designated security zone as defined by this rule to immediately
depart the security zone. Entry into this security zone is prohibited,
unless specifically authorized by the Captain of the Port, Baltimore,
Maryland. U.S. Coast Guard personnel will be provided to prevent the
movement of unauthorized persons into the zone. Federal, state, and
local agencies may assist the Coast Guard in the enforcement of this
rule.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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 no expected vessel traffic
associated with commercial fishing during the 5-hour effective period,
and vessels may seek permission and be granted 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 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, all waters of the
Potomac River, within the Boundary Channel and Pentagon Lagoon, from
shoreline to shoreline, bounded on the west by a line running north to
south from points along the shoreline at 38[deg]52'50'' N/
077[deg]03'25'' W, thence to 38[deg]52'49'' N/077[deg]03'25'' W; and
bounded on the east by a line running northwest to southeast from
points along the shoreline at 38[deg]52'34'' N/077[deg]02'48'' W,
thence to 38[deg]52'32'' N/077[deg]02'46'' W, from 6 a.m. through 11
a.m. on September 11, 2008. This security zone will not have a
significant economic impact on a substantial number of small entities,
because it will be effective for only 5 hours and vessels may seek and
be granted permission from the Captain of the Port Baltimore to enter
and transit the zone.
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Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer 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 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 Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, 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
under the Instruction 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.
An environmental analysis checklist and a 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, 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.T05-0902 to read as follows:
Sec. 165.T05-0902 Security Zone; Potomac River, Boundary Channel and
Pentagon Lagoon, Washington, DC.
(a) Definitions. For the purposes of enforcement 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) Regulated Area. The following area is a security zone: All
waters of the Potomac River, within the Boundary Channel and Pentagon
Lagoon, from
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shoreline to shoreline, bounded on the west by a line running north to
south from points along the shoreline at 38[deg]52[min]50[sec] N/
077[deg]03[min]25[sec] W, thence to 38[deg]52[min]49[sec] N/
077[deg]03[min]25[sec] W; and bounded on the east by a line running
northwest to southeast from points along the shoreline at
38[deg]52[min]34[sec] N/077[deg]02[min]48[sec] W, thence to
38[deg]52[min]32[sec] N/077[deg]02[min]46[sec] W (Datum NAD 1983).
(c) Regulations. (1) The general regulations governing security
zones found in Sec. 165.33 of this part apply to the security zone
described in paragraph (b) of this section.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the 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 6 a.m.
through 11 a.m. on September 11, 2008.
Dated: August 28, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E8-20659 Filed 9-4-08; 8:45 am]
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