Security Zone; Potomac River, Washington Channel, Washington, DC, 28757-28760 [2010-12341]
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Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Rules and Regulations
Impacts: Policies and Procedures.’’ This
airspace action is not expected to cause
any potentially significant
environmental impacts, and no
extraordinary circumstances exist that
warrant preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted
areas.
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 73 as follows:
■
PART 73—SPECIAL USE AIRSPACE
1. The authority citation for part 73
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 73.25
[Amended]
2. § 73.25 is amended as follows:
*
*
*
*
*
■
R–2502A
Fort Irwin, CA [Amended]
Under Controlling agency, remove the
words ‘‘FAA, Hi-Desert TRACON,
Edwards, CA’’ and insert the words
‘‘FAA, Los Angeles ARTCC.’’
Issued in Washington, DC, May 18, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010–12415 Filed 5–21–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2010–0325]
Drawbridge Operation Regulation;
Long Island, New York Inland
Waterway From East Rockaway Inlet to
Shinnecock Canal, Hempstead, NY,
Maintenance
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
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ACTION:
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the Wantagh State
Parkway Bridge across Sloop Channel at
mile 15.4, at Jones Beach, New York.
Under this temporary deviation the
bridge may operate on a special
operating schedule for five months to
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12:32 May 21, 2010
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facilitate the completion of new bridge
construction.
DATES: This deviation is effective from
May 15, 2010 through October 30, 2010.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2010–
0325 and are available online at https://
www.regulations.gov, inserting USCG–
2010–0325 in the ‘‘Keyword’’ and then
clicking ‘‘Search’’. They are also
available for inspection or copying at
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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Ms. Judy Leung-Yee, Project
Officer, First Coast Guard District,
telephone (212) 668–7165. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Wantagh State Parkway Bridge has a
vertical clearance in the closed position
of 20 feet at mean high water and 23 at
mean low water. The existing
drawbridge operation regulations are
listed at 33 CFR 117.5.
The New York State Department of
Transportation, requested a temporary
deviation for the existing bridge to
operate on special schedule to facilitate
the completion of the new bridge
construction.
The waterway has seasonal
recreational vessels of various sizes.
We contacted the New York Marine
Trades Association, South Bay Cruising
Club, and Sector Long Island Sound. No
objection to the proposed temporary
deviation schedule was received.
Under this temporary deviation, in
effect from May 15, 2010 through
October 30, 2010, the Wantagh State
Parkway Bridge at mile 15.4, across
Sloop Channel, at Jones Beach, New
York, shall operate as follows: The draw
shall open on signal after at least a halfhour advance notice is given by calling
the number posted at the bridge. From
6:30 a.m. through 12 noon and from
12:15 p.m. through 4 p.m., Monday
through Friday, one bascule lift span
may remain in the closed position. A
full two lift span opening shall be given
between 12 noon and 12:15 p.m.
provided at least a one-hour advance
notice is given by calling the number
posted at the bridge.
From 7:30 a.m. through 8:30 p.m. on
Saturday, Sunday and Federal holidays
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the draw shall open on the hour and
half-hour provided at least a half-hour
advance notice is given by calling the
number posted at the bridge.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: May 7, 2010.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 2010–12342 Filed 5–21–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0405]
RIN 1625–AA87
Security Zone; Potomac River,
Washington Channel, Washington, DC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary security zone
in certain waters of Washington
Channel on the Potomac River. The
security zone is necessary to provide for
the security and safety of life and
property of event participants,
spectators and mariners during the U.S.
Coast Guard Vice Commandant’s
Change of Watch ceremony from 6 a.m.
through 5 p.m. on May 24, 2010. Entry
into this zone is prohibited unless
authorized by the Captain of the Port,
Baltimore, Maryland, or his designated
representative.
DATES: This rule is effective from 6 a.m.
through 5 p.m. on May 24, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0405 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0405 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
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Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Rules and Regulations
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rule, call or e-mail Mr. Ronald L. Houck,
Sector Baltimore Waterways
Management Division, Coast Guard;
telephone 410–576–2674, e-mail
Ronald.L.Houck@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
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 it is
contrary to public interest to delay the
effective date of this rule. The Coast
Guard is establishing this security zone
to protect high-ranking government
officials, mitigate potential terrorist acts,
and enhance public and maritime safety
and security. The Coast Guard was
unable to publish a NPRM due to the
short time period between event
planners notifying the Captain of the
Port Baltimore of the security needs
during the event and the publication of
this security zone. Furthermore,
delaying the effective date would be
contrary to the security zone’s intended
objectives of protecting high-ranking
government officials, mitigating
potential terrorist acts and enhancing
public and maritime safety security.
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. Due to the need for immediate
action, the restriction of vessel traffic is
necessary to protect life, property and
the environment, therefore, a 30-day
notice period is impracticable. Delaying
the effective date would be contrary to
the security zone’s intended objectives
of protecting high-ranking government
officials, mitigating potential terrorist
acts and enhancing public and maritime
safety and security.
Basis and Purpose
The Coast Guard will conduct a
ceremony at Fort McNair in
Washington, DC on Monday, May 24,
2010. To address security concerns
during the event, the Captain of the Port
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Baltimore, Maryland is establishing a
security zone upon certain waters of the
Washington Channel. This security zone
will help the Coast Guard to prevent
vessels or persons from engaging in
waterborne terrorist actions during the
U.S. Coast Guard Vice Commandant’s
Change of Watch ceremony. Due to the
catastrophic impact a terrorist attack
during the ceremony would have
against the large number of dignitaries,
and the surrounding area and
communities, a security zone is prudent
for this type of event.
Discussion of Rule
Through this regulation, the Coast
Guard will establish a security zone.
The security zone will be in effect from
6 a.m. through 5 p.m. on May 24, 2010.
The security zone will include all
navigable waters of the Washington
Channel, from shoreline to shoreline,
bounded on the north along latitude
38°52′03″ N and bounded on the south
along latitude 38°51′50″ N (North
American Datum 1983). This location is
entirely within the Area of
Responsibility of the Captain of the Port
Baltimore, as set forth at 33 CFR 3.25–
15.
Vessels underway at the time this
security zone is implemented would be
required to immediately proceed out of
the zone. Vessels already at berth,
mooring, or anchor at the time the
security zone is implemented do not
have to depart the security zone. Entry
into this zone is prohibited unless
authorized by the Captain of the Port or
his designated representative. 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
Captain of the Port will issue Broadcast
Notices to Mariners to publicize the
security zone and notify the public of
changes in the status of the zone. Such
notices will continue until the
ceremony is complete.
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
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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. Although this security zone
restricts vessel traffic through the
affected area, vessels may seek
permission from the Captain of the Port
Baltimore to enter and transit the zone.
Furthermore, the effect of this regulation
will not be significant due to the limited
size and duration that the regulated area
will be in effect. In addition,
notifications will be made to the
maritime community via marine
information broadcasts so mariners may
adjust their plans accordingly.
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 or transit
through or within the security zone
during the enforcement period. The
security zone will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. The security zone is
of limited size and duration. Although
the security zone will apply to the entire
width of the channel, maritime
advisories will be widely available to
the maritime community before the
effective period.
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 can
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
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Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Rules and Regulations
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 (adjusted for inflation) 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 cause 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.
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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.
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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 023–01 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 this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
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28759
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing a temporary
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,
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:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 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.T05–0405 to read as
follows:
■
§ 165.T05–0405 Security Zone; Potomac
River, Washington Channel, Washington,
DC.
(a) Location. The following area is a
security zone: all waters of the
Washington Channel, from shoreline to
shoreline, bounded on the north along
latitude 38°52′03″ N and bounded on
the south along latitude 38°51′50″ N
(North American Datum 1983).
(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) The general
security zone regulations found in 33
CFR 165.33 apply to the security zone
created by this temporary section,
§ 165.T05.0405.
(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.
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Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Rules and Regulations
(3) Persons desiring to transit the area
of the security zone must first request
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
lights, 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 6 a.m. through 5
p.m. on May 24, 2010.
Dated: May 11, 2010.
Mark P. O’Malley,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore Maryland.
DATES: This correction is effective May
26, 2010.
FOR FURTHER INFORMATION CONTACT:
Scott Sandorf, 727–824–5305; fax: 727–
824–5308; e-mail:
scott.sandorf@noaa.gov.
SUPPLEMENTARY INFORMATION:
Need for Correction
On April 26, 2010, (75 FR 21520,
April 26, 2010) an incorrect coordinate
for Point G, in § 622.34 (q) was
published and this document corrects
that coordinate.
1. On page 21520, in the third
column, under § 622.34 (q), the Point G
coordinate is corrected to read as
follows:
§ 622.34 Gulf EEZ seasonal and/or area
closures.
*
*
*
(q) * * *
*
Point
*
North lat.
*
*
G
West long.
*
26°48.80′
*
*
*
*
*
*
*
*
*
83°40.00′
*
*
*
Dated: May 18, 2010
Eric C. Schwaab,
Assistant Administrator For Fisheries,
National Marine Fisheries Service.
[FR Doc. 2010–12341 Filed 5–21–10; 8:45 am]
BILLING CODE 9110–04–P
[FR Doc. 2010–12383 Filed 5–21–10; 8:45 am]
DEPARTMENT OF COMMERCE
BILLING CODE 3510–22–S
National Oceanic and Atmospheric
Administration
DEPARTMENT OF COMMERCE
50 CFR Part 622
National Oceanic and Atmospheric
Administration
[Docket No. 090225243–0170–03]
50 CFR Part 622
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Amendment 31; Correction
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RIN 0648–AX67
[Docket No. 100121040–0177–01]
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
SUMMARY: This document contains a
correction to the final rule to implement
Amendment 31 to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico that
was published in the Federal Register
Monday, April 26, 2010.
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12:32 May 21, 2010
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RIN 0648–AY58
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Shrimp
Fishery of the Gulf of Mexico and
South Atlantic; Revisions To Allowable
Bycatch Reduction Devices
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: In accordance with the
framework procedures for adjusting
management measures of the Fishery
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Management Plan for the Shrimp
Fishery of the Gulf of Mexico (Gulf
FMP) and the Fishery Management Plan
for the Shrimp Fishery of the South
Atlantic region (South Atlantic FMP)
NMFS provisionally recertifies two
bycatch reduction devices (BRDs) and
revises the construction and installation
requirements of one of these BRD
designs in the southeastern shrimp
fishery. The intended effect of this rule
is to improve bycatch reduction in the
shrimp fishery and better meet the
requirements of National Standard 9.
DATES: This rule is effective June 23,
2010.
ADDRESSES: Copies of supporting
documentation for this final rule, which
includes a regulatory impact review and
a regulatory flexibility act analysis may
be obtained from Steve Branstetter,
Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL
33701–5505.
FOR FURTHER INFORMATION CONTACT:
Steve Branstetter, telephone: 727–824–
5305.
SUPPLEMENTARY INFORMATION: The
fishery for shrimp in the exclusive
economic zone (EEZ) of the Gulf is
managed under the FMP prepared by
the Gulf of Mexico Fishery Management
Council. The fishery for shrimp in the
EEZ of the South Atlantic is managed
under the FMP prepared by the South
Atlantic Fishery Management Council.
The FMPs are implemented under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
Background
Regulations implementing
Amendment 2 to the South Atlantic
Shrimp FMP (73 FR 18536, April 16,
1997) established BRD requirements in
the South Atlantic EEZ. The rule
established a certification criterion,
descriptions of BRD designs and
configurations allowed for use in the
South Atlantic shrimp fishery, as well
as procedures to develop and test new
BRDs for certification.
Regulations implementing
Amendment 9 to the Gulf Shrimp FMP
were published April 14, 1998 (63 FR
18139), and established a requirement,
with limited exceptions, for the use of
certified BRDs in shrimp trawls towed
in the Gulf EEZ shoreward of the 100fm (183-m) depth contour west of 85°
30′ W. longitude (western Gulf), the
approximate longitude of Cape San Blas,
FL. The rule established descriptions of
BRD designs and configurations allowed
for use in the western Gulf shrimp
fishery.
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]]>Agencies
[Federal Register Volume 75, Number 99 (Monday, May 24, 2010)]
[Rules and Regulations]
[Pages 28757-28760]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12341]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0405]
RIN 1625-AA87
Security Zone; Potomac River, Washington Channel, Washington, DC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone in
certain waters of Washington Channel on the Potomac River. The security
zone is necessary to provide for the security and safety of life and
property of event participants, spectators and mariners during the U.S.
Coast Guard Vice Commandant's Change of Watch ceremony from 6 a.m.
through 5 p.m. on May 24, 2010. Entry into this zone is prohibited
unless authorized by the Captain of the Port, Baltimore, Maryland, or
his designated representative.
DATES: This rule is effective from 6 a.m. through 5 p.m. on May 24,
2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0405 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0405 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary
[[Page 28758]]
rule, call or e-mail Mr. Ronald L. Houck, Sector Baltimore Waterways
Management Division, Coast Guard; telephone 410-576-2674, e-mail
Ronald.L.Houck@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
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 it is contrary to public interest to
delay the effective date of this rule. The Coast Guard is establishing
this security zone to protect high-ranking government officials,
mitigate potential terrorist acts, and enhance public and maritime
safety and security. The Coast Guard was unable to publish a NPRM due
to the short time period between event planners notifying the Captain
of the Port Baltimore of the security needs during the event and the
publication of this security zone. Furthermore, delaying the effective
date would be contrary to the security zone's intended objectives of
protecting high-ranking government officials, mitigating potential
terrorist acts and enhancing public and maritime safety security.
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. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment, therefore, a 30-day notice period is
impracticable. Delaying the effective date would be contrary to the
security zone's intended objectives of protecting high-ranking
government officials, mitigating potential terrorist acts and enhancing
public and maritime safety and security.
Basis and Purpose
The Coast Guard will conduct a ceremony at Fort McNair in
Washington, DC on Monday, May 24, 2010. To address security concerns
during the event, the Captain of the Port Baltimore, Maryland is
establishing a security zone upon certain waters of the Washington
Channel. This security zone will help the Coast Guard to prevent
vessels or persons from engaging in waterborne terrorist actions during
the U.S. Coast Guard Vice Commandant's Change of Watch ceremony. Due to
the catastrophic impact a terrorist attack during the ceremony would
have against the large number of dignitaries, and the surrounding area
and communities, a security zone is prudent for this type of event.
Discussion of Rule
Through this regulation, the Coast Guard will establish a security
zone. The security zone will be in effect from 6 a.m. through 5 p.m. on
May 24, 2010. The security zone will include all navigable waters of
the Washington Channel, from shoreline to shoreline, bounded on the
north along latitude 38[deg]52'03'' N and bounded on the south along
latitude 38[deg]51'50'' N (North American Datum 1983). This location is
entirely within the Area of Responsibility of the Captain of the Port
Baltimore, as set forth at 33 CFR 3.25-15.
Vessels underway at the time this security zone is implemented
would be required to immediately proceed out of the zone. Vessels
already at berth, mooring, or anchor at the time the security zone is
implemented do not have to depart the security zone. Entry into this
zone is prohibited unless authorized by the Captain of the Port or his
designated representative. 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 Captain of the Port will
issue Broadcast Notices to Mariners to publicize the security zone and
notify the public of changes in the status of the zone. Such notices
will continue until the ceremony is complete.
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. Although this security zone restricts
vessel traffic through the affected area, vessels may seek permission
from the Captain of the Port Baltimore to enter and transit the zone.
Furthermore, the effect of this regulation will not be significant due
to the limited size and duration that the regulated area will be in
effect. In addition, notifications will be made to the maritime
community via marine information broadcasts so mariners may adjust
their plans accordingly.
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 or transit through or within the security zone during the
enforcement period. The security zone will not have a significant
economic impact on a substantial number of small entities for the
following reasons. The security zone is of limited size and duration.
Although the security zone will apply to the entire width of the
channel, maritime advisories will be widely available to the maritime
community before the effective period.
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 can 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
[[Page 28759]]
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 (adjusted for
inflation) 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 cause 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 023-01 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
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves establishing a temporary 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, 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, 3306,
3703; 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.T05-0405 to read as follows:
Sec. 165.T05-0405 Security Zone; Potomac River, Washington Channel,
Washington, DC.
(a) Location. The following area is a security zone: all waters of
the Washington Channel, from shoreline to shoreline, bounded on the
north along latitude 38[deg]52'03'' N and bounded on the south along
latitude 38[deg]51'50'' N (North American Datum 1983).
(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) The general security zone regulations found in
33 CFR 165.33 apply to the security zone created by this temporary
section, Sec. 165.T05.0405.
(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.
[[Page 28760]]
(3) Persons desiring to transit the area of the security zone must
first request 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
lights, 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 6 a.m.
through 5 p.m. on May 24, 2010.
Dated: May 11, 2010.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore Maryland.
[FR Doc. 2010-12341 Filed 5-21-10; 8:45 am]
BILLING CODE 9110-04-P
