Security Zone; Potomac and Anacostia Rivers, Washington, DC, Arlington and Fairfax Counties, VA, and Prince George's County, MD, 76536-76539 [E8-29726]
Download as PDF
<![CDATA[
76536
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Rules and Regulations
reversals, assignments, authorizations,
decisions, judgments, rulings, or other
actions of the PSOB Office; and
(2) Consistent with subpart B, C, or D
of this part, as applicable.
(e) OJP’s General Counsel shall
provide advice to the Hearing Officer as
to all questions of law relating to any
matter assigned pursuant to paragraph
(b) of this section.
■ 18. Revise § 32.45 to read as follows:
pwalker on PROD1PC71 with RULES
§ 32.45
Hearings.
(a) Except with respect to a remand or
referral, at the election of a claimant
under subpart B or C of this part, the
Hearing Officer shall hold a hearing, at
a location agreeable to the claimant and
the Officer (or, otherwise, at a location
ruled by the Hearing Officer to be
suitable), for the sole purposes of
obtaining, consistent with § 32.5(c),
(1) Evidence from the claimant and
his fact or expert witnesses; and
(2) Such other evidence as the
Hearing Officer, at his discretion, may
rule to be necessary or useful.
(b) Unless, for good cause shown, the
Director extends the time for filing, no
election under paragraph (a) of this
section shall be honored if it is filed
with the PSOB Office later than ninety
days after service of the notice described
in § 32.43(c).
(c) Not less than seven days prior to
any hearing, the claimant shall file
simultaneously with the PSOB Office
and the Hearing Officer a list of all
expected fact or expert witnesses and a
brief summary of the evidence each
witness is expected to provide.
(d) At any hearing, the Hearing
Officer—
(1) May exclude any evidence whose
probative value is substantially
outweighed by considerations of undue
delay, waste of time, or needless
presentation of cumulative evidence;
and
(2) Shall exclude witnesses (other
than the claimant, or any person whose
presence is shown by the claimant to be
essential to the presentation of his
claim), so that they cannot hear the
testimony of other witnesses.
(e) Each hearing shall be recorded,
and the original of the complete record
or transcript thereof shall be made a part
of the claim file.
(f) Unless, for good cause shown, the
Director grants a waiver, a claimant’s
failure to appear at a hearing (in person
or through a representative) shall
constitute a withdrawal of his election
under paragraph (a) of this section.
(g) Upon a claimant’s failure to pursue
in timely fashion his filed election
under paragraph (a) of this section, the
Director may, at his discretion, deem the
VerDate Aug<31>2005
16:07 Dec 16, 2008
Jkt 217001
same to be abandoned. Not less than
thirty-three days prior thereto, the PSOB
Office shall serve the claimant with
notice of the Director’s intention to
exercise such discretion.
■ 19. Revise § 32.52 to read as follows:
§ 32.52
Time for filing Director appeal.
Dated: December 10, 2008.
Jeffrey L. Sedgwick,
Assistant Attorney General.
[FR Doc. E8–29703 Filed 12–16–08; 8:45 am]
BILLING CODE 4410–18–P
(a) Unless, for good cause shown, the
Director extends the time for filing, no
Director appeal shall be considered if it
is filed with the PSOB Office later than
thirty-three days after the service of
notice of the denial (under subpart E of
this part) of a claim.
(b) A claimant may file with his
Director appeal such supporting
documentary, electronic, video, or other
nonphysical evidence and legal
arguments as he may wish to provide.
■ 20. Revise § 32.54 to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
§ 32.54
AGENCY:
Director determination.
(a) Upon the Director’s approving or
denying a claim, the PSOB Office shall
serve notice of the same simultaneously
upon the claimant (and upon any other
claimant who may have filed a claim
with respect to the same public safety
officer), and upon any Hearing Officer
who made a determination with respect
to the claim. In the event of a denial,
such notice shall—
(1) Specify the factual findings and
legal conclusions that support it; and
(2) Provide information as to judicial
appeals (for the claimant or claimants).
(b) Upon a claimant’s failure (without
reasonable justification or excuse) to
pursue in timely fashion the
determination of his claim pursuant to
his filed Director appeal, the Director
may, at his discretion, deem the same to
be abandoned, as though never filed.
Not less than thirty-three days prior
thereto, the PSOB Office shall serve the
claimant with notice of the Director’s
intention to exercise such discretion.
(c) With respect to any claim before
him, the Director, as appropriate, may—
(1) Remand the same to the PSOB
Office, or to a Hearing Officer;
(2) Vacate any related determination
under this part; or
(3) Refer any related matters to a
Hearing Officer (as a special master), to
recommend factual findings and
dispositions in connection therewith.
■ 21. Revise § 32.55 to read as follows:
§ 32.55
Judicial appeal.
(a) Consistent with § 32.8, any
approval or denial described in
§ 32.54(a) shall constitute the final
agency determination.
(b) A claimant seeking relief from the
denial of his claim may appeal
judicially pursuant to the Act, at 42
U.S.C. 3796c–2.
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–1001]
RIN 1625–AA87
Security Zone; Potomac and Anacostia
Rivers, Washington, DC, Arlington and
Fairfax Counties, VA, and Prince
George’s County, MD
ACTION:
Coast Guard, DHS.
Temporary final rule.
SUMMARY: The Coast Guard is
establishing a temporary security zone
encompassing certain waters of the
Potomac and Anacostia Rivers. This
action is necessary to ensure the
security of persons and property, and to
prevent terrorist acts or incidents before,
during, and after scheduled activities
associated with the 2009 U.S.
Presidential Inauguration. This rule
prohibits vessels and persons from
entering the security zone and requires
vessels and persons in the security zone
to depart the security zone during the
effective time frame, and to immediately
depart the security zone when requested
to do so by government authorities.
DATES: This rule is effective from 4 a.m.
on January 14, 2009, through 10 p.m. on
January 25, 2009.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2008–1001 and are
available online by going to https://
www.regulations.gov, selecting the
Advanced Docket Search option on the
right side of the screen, inserting USCG–
2008–1001 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. This
material is also available for inspection
or copying at two locations: The Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays and the
Commander, U.S. Coast Guard Sector
Baltimore, 2401 Hawkins Point Road,
E:\FR\FM\17DER1.SGM
17DER1
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Rules and Regulations
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 Ronald L. Houck, Waterways
Management Division, at 410–576–2674
or 2693. If you have questions on
viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On October 27, 2008, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Security Zone; Potomac and
Anacostia Rivers, Washington, DC,
Arlington and Fairfax Counties, VA, and
Prince George’s County, MD’’ in the
Federal Register (73 FR 63663). We
received one letter commenting on the
proposed rule. No public meeting was
requested, and none was held.
pwalker on PROD1PC71 with RULES
Background and Purpose
The Coast Guard 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 U.S.
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 highlypublicized events.
Discussion of Comments and Changes
The Coast Guard received one
comment in response to the NPRM. No
public meeting was requested and none
was held. What follows is a review of,
and the Coast Guard’s response to, the
issues that were presented by the
VerDate Aug<31>2005
16:07 Dec 16, 2008
Jkt 217001
commenter concerning the proposed
regulations.
The commenter, who was
anonymous, stated that although they
agree a secure perimeter is needed for
the U.S. Presidential Inauguration, they
do not agree that certain details of the
security zone, such as the enforcement
period and boundaries, should be
provided to the general public
beforehand. The commentor believes
such information could be used by an
adversary to devise a plan to circumvent
the government’s security efforts.
The Administrative Procedures Act
directs Federal agencies to ensure that
adequate notice is provided to the
public concerning actions that the
Federal Government is considering for
implementation. In addition, we do not
feel that issuing the proposed rule
adversely affects the patrol and
enforcement of the security zone.
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 vessel traffic
associated with recreational boating and
commercial fishing during the effective
period, and vessels may seek permission
from the Captain of the Port Baltimore
to enter and transit the zone.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule would affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to operate or transit on
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
76537
(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 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.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
E:\FR\FM\17DER1.SGM
17DER1
76538
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Rules and Regulations
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.
pwalker on PROD1PC71 with RULES
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
16:07 Dec 16, 2008
Jkt 217001
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 will be available in the
docket where indicated under
ADDRESSES.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
PO 00000
Frm 00034
Fmt 4700
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T05–1001 to read as
follows:
■
Technical Standards
List of Subjects in 33 CFR Part 165
Energy Effects
VerDate Aug<31>2005
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.
Sfmt 4700
§ 165.T05–1001 Security Zone; Potomac
and Anacostia Rivers, Washington, DC,
Arlington and Fairfax Counties, VA, and
Prince George’s 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
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
E:\FR\FM\17DER1.SGM
17DER1
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Rules and Regulations
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, VHFFM 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: December 5, 2008.
Austin J. Gould,
Commander, U.S. Coast Guard, Captain of
the Port, Baltimore, Maryland, Acting.
[FR Doc. E8–29726 Filed 12–16–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 51
[EPA–HQ–OAR–2004–0489; FRL–8749–5]
RIN 2060–AN20
Air Emissions Reporting Requirements
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: This action finalizes changes
to EPA’s emission inventory reporting
requirements. This action consolidates,
reduces, and simplifies the current
requirements; adds limited new
requirements; provides additional
Category
pwalker on PROD1PC71 with RULES
a North
flexibility to states in the ways they
collect and report emissions data; and
accelerates the reporting of emissions
data to EPA by state and local agencies.
DATES: This final rule is effective on
December 17, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2004–0489. All
documents in the docket are listed on
the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Emissions Reporting
Requirements Docket, EPA/DC, EPA
West Building, Room 3334, Constitution
Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact Dennis
Beauregard, U.S. EPA, Office of Air
Quality Planning and Standards, Air
Quality Assessment Division, Mail Code
C339–02, Research Triangle Park, North
Carolina 27711; telephone number:
(919) 541–5512; fax number: (919) 541–
0684; e-mail address:
beauregard.dennis@epa.gov. For legal
questions, please contact Kristi Smith,
U.S. EPA, Office of General Counsel,
Mail Code 2344A, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460,
telephone (202) 564–3068, e-mail at
smith.kristi@epa.gov.
SUPPLEMENTARY INFORMATION:
D. Judicial Review
II. Background and Purpose of This
Rulemaking
III. Response to Comments
A. Major Source Definition for Point
Source Reporting
B. Harmonizing Report Due Dates
C. Accelerating Report Due Dates
D. Reporting Biogenic Emissions
E. Reporting Emission Model Inputs
F. Reporting Summer Day Emissions
G. Reporting Winter Work Weekday
Emissions
H. New Data Elements
I. Identification of New Emissions Related
Data Requirements
J. Revisions to Specific Data Elements
IV. This Action
A. Consolidation of Reporting
Requirements
B. Point Source Reporting
C. Report Due Dates
D. Reporting Biogenic Emissions
E. Reporting Emission Model Inputs
F. Reporting Summer Day Emissions
G. Reporting Winter Work Weekday
Emissions
H. New Data Elements
I. Identification of New Emissions Related
Data Requirements
J. Revisions to Specific Data Elements
K. EPA Initiated Changes
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer
Advancement Act
J. Executive Order 12898: Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
Table of Contents
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document
and other related information?
C. Public Comments on Proposed Rule
I. General Information
NAICS
code a
State/local/tribal government.
92411
A. Does this action apply to me?
Categories and entities potentially
regulated by this action include:
Examples of regulated entities
State, territorial, and local government air quality management programs. Tribal governments are not
affected, unless they have sought and obtained treatment as state status under the Tribal Authority
Rule and, on that basis, are authorized to implement and enforce the Air Emissions Reporting Requirements rule.
American Industry Classification System.
VerDate Aug<31>2005
16:07 Dec 16, 2008
76539
Jkt 217001
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
E:\FR\FM\17DER1.SGM
17DER1
]]>Agencies
[Federal Register Volume 73, Number 243 (Wednesday, December 17, 2008)]
[Rules and Regulations]
[Pages 76536-76539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29726]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-1001]
RIN 1625-AA87
Security Zone; Potomac and Anacostia Rivers, Washington, DC,
Arlington and Fairfax Counties, VA, and Prince George's County, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone
encompassing certain waters of the Potomac and Anacostia Rivers. This
action is necessary to ensure the security of persons and property, and
to prevent terrorist acts or incidents before, during, and after
scheduled activities associated with the 2009 U.S. Presidential
Inauguration. This rule prohibits vessels and persons from entering the
security zone and requires vessels and persons in the security zone to
depart the security zone during the effective time frame, and to
immediately depart the security zone when requested to do so by
government authorities.
DATES: This rule is effective from 4 a.m. on January 14, 2009, through
10 p.m. on January 25, 2009.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-1001 and are available online by going to
https://www.regulations.gov, selecting the Advanced Docket Search option
on the right side of the screen, inserting USCG-2008-1001 in the Docket
ID box, pressing Enter, and then clicking on the item in the Docket ID
column. This material is also available for inspection or copying at
two locations: The Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays and the Commander, U.S.
Coast Guard Sector Baltimore, 2401 Hawkins Point Road,
[[Page 76537]]
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 Ronald L. Houck, Waterways Management Division, at
410-576-2674 or 2693. If you have questions on viewing the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On October 27, 2008, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zone; Potomac and Anacostia Rivers,
Washington, DC, Arlington and Fairfax Counties, VA, and Prince George's
County, MD'' in the Federal Register (73 FR 63663). We received one
letter commenting on the proposed rule. No public meeting was
requested, and none was held.
Background and Purpose
The Coast Guard 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 U.S. 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 Comments and Changes
The Coast Guard received one comment in response to the NPRM. No
public meeting was requested and none was held. What follows is a
review of, and the Coast Guard's response to, the issues that were
presented by the commenter concerning the proposed regulations.
The commenter, who was anonymous, stated that although they agree a
secure perimeter is needed for the U.S. Presidential Inauguration, they
do not agree that certain details of the security zone, such as the
enforcement period and boundaries, should be provided to the general
public beforehand. The commentor believes such information could be
used by an adversary to devise a plan to circumvent the government's
security efforts.
The Administrative Procedures Act directs Federal agencies to
ensure that adequate notice is provided to the public concerning
actions that the Federal Government is considering for implementation.
In addition, we do not feel that issuing the proposed rule adversely
affects the patrol and enforcement of the security zone.
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 vessel traffic associated
with recreational boating and commercial fishing during the effective
period, and vessels may seek permission from the Captain of the Port
Baltimore to enter and transit the zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule would affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to 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]46'42'' 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. 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have
[[Page 76538]]
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 will be available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.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 George's
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 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
[[Page 76539]]
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: December 5, 2008.
Austin J. Gould,
Commander, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland,
Acting.
[FR Doc. E8-29726 Filed 12-16-08; 8:45 am]
BILLING CODE 4910-15-P
