Security Zone; Potomac and Anacostia Rivers, Washington, DC, Arlington and Fairfax Counties, VA, and Prince Georges County, MD, 63663-63666 [E8-25435]
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Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Proposed Rules
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
DEPARTMENT OF HOMELAND
SECURITY
Public Participation and Request for
Comments
Food and Drug Administration
Coast Guard
21 CFR Part 1
33 CFR Part 165
[Docket No. FDA–2007–N–0465]
[Docket No. USCG–2008–1001]
Label Requirement for Food That Has
Been Refused Admission Into the
United States; Correction
RIN 1625–AA00
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 to use
the Docket Management Facility.
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Proposed rule; correction.
AGENCY:
The Food and Drug
Administration (FDA) is correcting a
proposed rule that appeared in the
Federal Register of Thursday,
September 18, 2008 (73 FR 54106). The
document issued a proposed rule that
would require owners or consignees to
label imported food that is refused entry
into the United States. The preamble to
the proposed rule inadvertently omitted
a reference. This document corrects that
error.
SUMMARY:
DATES:
Notice of proposed rulemaking.
SUMMARY: The Coast Guard proposes to
establish a temporary security zone
encompassing certain waters of the
Potomac and Anacostia Rivers in order
to safeguard high-ranking government
officials and the public-at-large before,
during, and after scheduled activities
associated with the 2009 Presidential
Inauguration. This security zone will be
in effect between January 14, 2009 and
January 25, 2009.
Comments and related material
must reach the Coast Guard on or before
November 26, 2008.
FOR FURTHER INFORMATION CONTACT:
Philip L. Chao, Office of Policy,
Planning, and Preparedness (HF–23),
Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857,
301–827–0587.
You may submit comments
identified by Coast Guard docket
number USCG–2008–1001 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: Same as mail
address above, 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.
ADDRESSES:
In FR Doc.
E8–21813, appearing on page 54118, in
the Federal Register of Thursday,
September 18, 2008, the following
correction is made;
1. On page 54118, in the first column,
after reference number ‘‘6.’’ and before
the ‘‘List of Subjects in 21 CFR Part 1,’’
reference ‘‘7. ’’ is added to read:
‘‘7. Memorandum to the record from J.
Bradley Brown, Food and Drug
Administration, dated March 20, 2008.’’
SUPPLEMENTARY INFORMATION:
Dated: October 21, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and
Planning.
[FR Doc. E8–25588 Filed 10–24–08; 8:45 am]
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ACTION:
Coast Guard, DHS.
DATES:
Effective October 27, 2008.
BILLING CODE 4160–01–S
Security Zone; Potomac and Anacostia
Rivers, Washington, DC, Arlington and
Fairfax Counties, VA, and Prince
Georges County, MD
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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–1001),
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.
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.
Enter the docket number for this
rulemaking (USCG–2008–1001) in the
Search box, and click ‘‘Go >>.’’ You may
also visit either the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation 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.
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Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Proposed Rules
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 a Privacy
Act notice regarding our public dockets
in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
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.
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Background and Purpose
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
proposed 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
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 the large gatherings of
high-ranking United States officials, the
public at large, and surrounding
waterfront areas and communities
would have. The proposed security zone
is necessary to safeguard life and
property on the navigable waters before,
during, and after scheduled activities
associated with the 2009 Presidential
Inauguration and will help the Coast
Guard prevent vessels or persons from
bypassing the security measures
established on shore for the events and
engaging in waterborne terrorist actions
during the highly publicized events.
Discussion of Proposed Rule
On Tuesday, January 20, 2009, the
U.S. Presidential Inauguration will take
place at the U.S. Capitol in Washington,
DC. Activities associated with the 2009
Presidential Inauguration in and near
the District of Columbia will include
several Inaugural balls, parades and
receptions. The proposed zone will be
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in effect from January 14, 2009 through
January 25, 2009. The proposed zone
will cover (1) all waters of the Potomac
River, from shoreline to shoreline,
bounded on the north by the Francis
Scott Key (U.S. Route 29) Bridge,
downstream to and bounded on the
south from a position at latitude
38°46′42″ N, longitude 077°02′55″ W on
the Virginia shoreline to a position at
latitude 38°46′42″ N, longitude
077°01′33″ W on the Maryland
shoreline, including the waters of the
Georgetown Channel Tidal Basin; and
(2) all waters of the Anacostia River,
from shoreline to shoreline, bounded on
the north by the New York Avenue (U.S.
Route 50) Bridge, downstream to and
bounded on the south by its confluence
with the Potomac River.
This rule requires that entry into or
remaining in this security zone is
prohibited unless authorized by the
Coast Guard Captain of the Port
Baltimore. Vessels already at berth,
mooring, or anchor in the security zone
at the time the security zone is
implemented do not have to depart the
zone. All vessels underway within this
security zone at the time it is
implemented are to depart the zone.
However, the Captain of the Port may,
in his discretion, grant waivers or
exemptions to this rule, either on a caseby-case basis or categorically to a
particular class of vessel that otherwise
is subject to adequate control measures.
To seek permission to transit the area,
the Captain of the Port Baltimore can be
contacted at telephone number 410–
576–2693 or on Marine Band Radio,
VHF–FM channel 16 (156.8 MHz). Coast
Guard vessels enforcing this section can
be contacted on Marine Band Radio,
VHF–FM channel 16 (156.8 MHz). The
Coast Guard will issue Broadcast
Notices to Mariners to further publicize
the security zone.
Regulatory Analyses
We developed this proposed 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 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. There is no vessel traffic
associated with recreational boating and
commercial fishing during the effective
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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 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 operate
or transit on (1) all waters of the
Potomac River, from shoreline to
shoreline, bounded on the north by the
Francis Scott Key (U.S. Route 29)
Bridge, downstream to and bounded on
the south from a position at latitude
38°46′42″ N, longitude 077°02′55″ W on
the Virginia shoreline to a position at
latitude 38°46′42″ N, longitude
077°01′01″ W on the Maryland
shoreline, including the waters of the
Georgetown Channel Tidal Basin; and
(2) all waters of the Anacostia River,
from shoreline to shoreline, bounded on
the north by the New York Avenue (U.S.
Route 50) Bridge, downstream to and
bounded on the south by its confluence
with the Potomac River. This security
zone would not have a significant
economic impact on a substantial
number of small entities because vessels
with compelling interests that outweigh
the port’s security needs may be granted
waivers from the requirements of the
security zone.
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
they can better evaluate its effects on
them and participate in the rulemaking.
If the proposed rule would affect your
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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 proposed 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
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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
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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.
63665
(NEPA)(42 U.S.C. 4321–4370f), and
have made a preliminary determination
under the Instruction that this action is
not likely to have a significant effect on
the human environment. An
environmental analysis checklist
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.
We seek any comments or information
that may lead to the discovery of a
significant environmental impact from
this proposed rule.
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
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.
2. Add § 165.T05–1001 to read as
follows:
Environment
We have analyzed this proposed 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
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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:
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.
§ 165.T05–1001 Security Zone; Potomac
and Anacostia Rivers, Washington, DC,
Arlington and Fairfax Counties, VA, and
Prince Georges County, MD.
(a) Location. The following area is a
security zone: (1) all waters of the
Potomac River, from shoreline to
shoreline, bounded on the north by the
Francis Scott Key (U.S. Route 29)
Bridge, downstream to and bounded on
the south from a position at latitude
38°46′42″ N, longitude 077°02′55″ W on
the Virginia shoreline to a position at
latitude 38°46′42″ N, longitude
077°01′33″ W on the Maryland
shoreline, including the waters of the
Georgetown Channel Tidal Basin; and
(2) all waters of the Anacostia River,
from shoreline to shoreline, bounded on
the north by the New York Avenue (U.S.
Route 50) Bridge, downstream to and
bounded on the south by its confluence
with the Potomac River.
(b) Definitions. As used in this
section:
Captain of the Port Baltimore means
the Commander, U.S. Coast Guard
Sector Baltimore, Maryland.
Designated representative means any
Coast Guard commissioned, warrant, or
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petty officer who has been authorized
by the Captain of the Port Baltimore to
assist in enforcing the security zone
described in paragraph (a) of this
section.
(c) Regulations. (1) All persons are
required to comply with the general
regulations governing security zones
found in 33 CFR 165.33.
(2) Entry into or remaining in this
zone is prohibited unless authorized by
the Coast Guard Captain of the Port
Baltimore. Vessels already at berth,
mooring, or anchor at the time the
security zone is implemented do not
have to depart the security zone. All
vessels underway within this security
zone at the time it is implemented are
to depart the zone. The Captain of the
Port Baltimore may, in his discretion,
grant waivers or exemptions to this rule,
either on a case-by-case basis or
categorically to a particular class of
vessel that otherwise is subject to
adequate control measures.
(3) Persons desiring to transit the area
of the security zone must first obtain
authorization from the Captain of the
Port Baltimore or his designated
representative. To seek permission to
transit the area, the Captain of the Port
Baltimore and his designated
representatives can be contacted at
telephone number 410–576–2693 or on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz). 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, or other Federal, State, or local
agency 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 or his designated
representative and proceed at the
minimum speed necessary to maintain a
safe course while within the zone.
(4) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(d) Enforcement period. This section
will be enforced from 4 a.m. on January
14, 2009, through 10 p.m. on January 25,
2009.
Dated: October 6, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the
Port, Baltimore, Maryland.
[FR Doc. E8–25435 Filed 10–24–08; 8:45 am]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 207, 235, and 252
RIN 0750–AF96
Defense Federal Acquisition
Regulation Supplement; Protection of
Human Subjects in Research Projects
(DFARS Case 2007–D008)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
AGENCY:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
address requirements for the protection
of human subjects involved in research
projects. The proposed rule contains a
clause for use in contracts that include
or may include research involving
human subjects.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
December 26, 2008, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2007–D008,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2007–D008 in the subject
line of the message.
• Fax: 703–602–7887.
• Mail: Defense Acquisition
Regulations System, Attn: Mr. Mark
Gomersall, OUSD (AT&L) DPAP
(DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Mark Gomersall, 703–602–0302.
SUPPLEMENTARY INFORMATION:
This proposed rule addresses
statutory and regulatory requirements
for the ethical treatment of human
subjects involved in research projects.
The proposed rule contains a clause for
use in contracts involving human
subjects in research, to inform
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B. Regulatory Flexibility Act
DoD does not expect this proposed
rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., because the proposed rule is a
reinforcement of existing requirements
and obligations that apply with regard
to the protection of human subjects
involved in research projects. Therefore,
DoD has not performed an initial
regulatory flexibility analysis. DoD
invites comments from small businesses
and other interested parties. DoD also
will consider comments from small
entities concerning the affected DFARS
subparts in accordance with 5 U.S.C.
610. Such comments should be
submitted separately and should cite
DFARS Case 2007–D008.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the proposed rule
does not contain any new information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
List of Subjects in 48 CFR Parts 207,
235, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR Parts 207, 235, and
252 are proposed to be amended as
follows:
1. The authority citation for 48 CFR
Parts 207, 235, and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 207—ACQUISITION PLANNING
2. Section 207.172 is added to read as
follows:
A. Background
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contractors of their responsibilities for
compliance with 32 CFR Part 219; DoD
Directive 3216.02; applicable DoD
component policies; 10 U.S.C. 980; and,
when applicable, Food and Drug
Administration policies and regulations.
This proposed rule was subject to
Office of Management and Budget
review under Executive Order 12866,
dated September 30, 1993.
Sfmt 4702
207.172
Human research.
Any DoD component sponsoring
research involving human subjects—
(a) Is responsible for oversight of
compliance with 32 CFR Part 219,
Protection of Human Subjects; and
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]]>Agencies
[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Proposed Rules]
[Pages 63663-63666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25435]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-1001]
RIN 1625-AA00
Security Zone; Potomac and Anacostia Rivers, Washington, DC,
Arlington and Fairfax Counties, VA, and Prince Georges County, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary security
zone encompassing certain waters of the Potomac and Anacostia Rivers in
order to safeguard high-ranking government officials and the public-at-
large before, during, and after scheduled activities associated with
the 2009 Presidential Inauguration. This security zone will be in
effect between January 14, 2009 and January 25, 2009.
DATES: Comments and related material must reach the Coast Guard on or
before November 26, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-1001 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: Same as mail address above, 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 to use the Docket Management Facility.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-1001), 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.
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. Enter the docket number for this rulemaking (USCG-2008-1001)
in the Search box, and click ``Go >>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation 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.
[[Page 63664]]
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 a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
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 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 proposed 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 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 the large gatherings of high-ranking United States officials,
the public at large, and surrounding waterfront areas and communities
would have. The proposed security zone is necessary to safeguard life
and property on the navigable waters before, during, and after
scheduled activities associated with the 2009 Presidential Inauguration
and will help the Coast Guard prevent vessels or persons from bypassing
the security measures established on shore for the events and engaging
in waterborne terrorist actions during the highly publicized events.
Discussion of Proposed Rule
On Tuesday, January 20, 2009, the U.S. Presidential Inauguration
will take place at the U.S. Capitol in Washington, DC. Activities
associated with the 2009 Presidential Inauguration in and near the
District of Columbia will include several Inaugural balls, parades and
receptions. The proposed zone will be in effect from January 14, 2009
through January 25, 2009. The proposed zone will cover (1) all waters
of the Potomac River, from shoreline to shoreline, bounded on the north
by the Francis Scott Key (U.S. Route 29) Bridge, downstream to and
bounded on the south from a position at latitude 38[deg]46[min]42[sec]
N, longitude 077[deg]02[min]55[sec] W on the Virginia shoreline to a
position at latitude 38[deg]46[min]42[sec] N, longitude
077[deg]01[min]33[sec] W on the Maryland shoreline, including the
waters of the Georgetown Channel Tidal Basin; and (2) all waters of the
Anacostia River, from shoreline to shoreline, bounded on the north by
the New York Avenue (U.S. Route 50) Bridge, downstream to and bounded
on the south by its confluence with the Potomac River.
This rule requires that entry into or remaining in this security
zone is prohibited unless authorized by the Coast Guard Captain of the
Port Baltimore. Vessels already at berth, mooring, or anchor in the
security zone at the time the security zone is implemented do not have
to depart the zone. All vessels underway within this security zone at
the time it is implemented are to depart the zone. However, the Captain
of the Port may, in his discretion, grant waivers or exemptions to this
rule, either on a case-by-case basis or categorically to a particular
class of vessel that otherwise is subject to adequate control measures.
To seek permission to transit the area, the Captain of the Port
Baltimore can be contacted at telephone number 410-576-2693 or on
Marine Band Radio, VHF-FM channel 16 (156.8 MHz). Coast Guard vessels
enforcing this section can be contacted on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz). The Coast Guard will issue Broadcast Notices to
Mariners to further publicize the security zone.
Regulatory Analyses
We developed this proposed 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 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. There is no 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 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 operate or transit on (1) all waters
of the Potomac River, from shoreline to shoreline, bounded on the north
by the Francis Scott Key (U.S. Route 29) Bridge, downstream to and
bounded on the south from a position at latitude 38[deg]46[min]42[sec]
N, longitude 077[deg]02[min]55[sec] W on the Virginia shoreline to a
position at latitude 38[deg]46[min]42[sec] N, longitude
077[deg]01[min]01[sec] W on the Maryland shoreline, including the
waters of the Georgetown Channel Tidal Basin; and (2) all waters of the
Anacostia River, from shoreline to shoreline, bounded on the north by
the New York Avenue (U.S. Route 50) Bridge, downstream to and bounded
on the south by its confluence with the Potomac River. This security
zone would not have a significant economic impact on a substantial
number of small entities because vessels with compelling interests that
outweigh the port's security needs may be granted waivers from the
requirements of the security zone.
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 they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your
[[Page 63665]]
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 proposed 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.
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 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
made a preliminary determination under the Instruction that this action
is not likely to have a significant effect on the human environment. An
environmental analysis checklist 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.
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.
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.T05-1001 to read as follows:
Sec. 165.T05-1001 Security Zone; Potomac and Anacostia Rivers,
Washington, DC, Arlington and Fairfax Counties, VA, and Prince Georges
County, MD.
(a) Location. The following area is a security zone: (1) all waters
of the Potomac River, from shoreline to shoreline, bounded on the north
by the Francis Scott Key (U.S. Route 29) Bridge, downstream to and
bounded on the south from a position at latitude 38[deg]46'42'' N,
longitude 077[deg]02'55'' W on the Virginia shoreline to a position at
latitude 38[deg]46'42'' N, longitude 077[deg]01'33'' W on the Maryland
shoreline, including the waters of the Georgetown Channel Tidal Basin;
and (2) all waters of the Anacostia River, from shoreline to shoreline,
bounded on the north by the New York Avenue (U.S. Route 50) Bridge,
downstream to and bounded on the south by its confluence with the
Potomac River.
(b) Definitions. As used in this section:
Captain of the Port Baltimore means the Commander, U.S. Coast Guard
Sector Baltimore, Maryland.
Designated representative means any Coast Guard commissioned,
warrant, or
[[Page 63666]]
petty officer who has been authorized by the Captain of the Port
Baltimore to assist in enforcing the security zone described in
paragraph (a) of this section.
(c) Regulations. (1) All persons are required to comply with the
general regulations governing security zones found in 33 CFR 165.33.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Baltimore. Vessels
already at berth, mooring, or anchor at the time the security zone is
implemented do not have to depart the security zone. All vessels
underway within this security zone at the time it is implemented are to
depart the zone. The Captain of the Port Baltimore may, in his
discretion, grant waivers or exemptions to this rule, either on a case-
by-case basis or categorically to a particular class of vessel that
otherwise is subject to adequate control measures.
(3) Persons desiring to transit the area of the security zone must
first obtain authorization from the Captain of the Port Baltimore or
his designated representative. To seek permission to transit the area,
the Captain of the Port Baltimore and his designated representatives
can be contacted at telephone number 410-576-2693 or on Marine Band
Radio, VHF-FM channel 16 (156.8 MHz). 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, or other
Federal, State, or local agency 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 or his
designated representative and proceed at the minimum speed necessary to
maintain a safe course while within the zone.
(4) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(d) Enforcement period. This section will be enforced from 4 a.m.
on January 14, 2009, through 10 p.m. on January 25, 2009.
Dated: October 6, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E8-25435 Filed 10-24-08; 8:45 am]
BILLING CODE 4910-15-P
