[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Rules and Regulations]
[Pages 3118-3121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1172]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-1164]
RIN 1625-AA87
Security Zone; Choptank River and Cambridge Channel, Cambridge,
MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone
encompassing certain waters of the Choptank River and Cambridge Channel
in order to safeguard high-ranking public officials from terrorist acts
and incidents. This action is necessary to ensure the safety of persons
and property, and prevent terrorist acts or incidents. This rule
prohibits vessels and people from entering the security zone and
requires vessels and persons in the security zone to depart the
security zone, unless specifically exempt under the provisions in this
rule or granted specific permission from the Coast Guard Captain of the
Port Baltimore.
DATES: This rule is effective from 8 a.m. on January 25, 2012, until
11:59 p.m. on January 27, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-1164 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-1164 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 rule, call or email Mr. Ronald L. Houck, at Sector Baltimore
Waterways Management Division, Coast Guard; telephone (410) 576-2674,
email [email protected]. 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
the security zone to protect high-ranking government officials,
mitigate potential terrorist acts, and enhance public and maritime
safety
[[Page 3119]]
and security. The Coast Guard was unable to publish a NPRM due to the
short time period between event planners notifying the Coast Guard of
the event and publication of the 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.
Background and Purpose
The U.S. House of Representatives Democratic Issues Conference will
be held at the Hyatt Regency Chesapeake Bay Golf Resort, Spa and Marina
in Cambridge, Maryland during January 25-27, 2012. Activities
associated with this event include the movement of high-ranking United
States officials across the Senator Frederick C. Malkus Memorial (US-
50) Bridge at Cambridge, Maryland. The event is located along the
waterfront in Cambridge, MD, in close proximity to navigable waterways
within the Captain of the Port's Area of Responsibility.
The Coast Guard has given each Coast Guard Captain of the Port the
ability to implement comprehensive port security regimes designed to
safeguard human life, vessels, and waterfront facilities while still
sustaining the flow of commerce. The Captain of the Port Baltimore is
establishing this security zone to protect high-ranking government
officials, mitigate potential terrorist acts, and enhance public and
maritime safety and security in order to safeguard life, property, and
the environment on or near the navigable waters.
Discussion of Rule
Through this regulation, the Coast Guard will establish a security
zone. The security zone will be in effect from 8 a.m. on January 25,
2012, through 11:59 p.m. on January 27, 2012. The security zone will
include all navigable waters of the Choptank River, within 2,000 yards
of the Hyatt Regency Chesapeake Bay Golf Resort, Spa and Marina's
Breakwater Pavilion, in approximate position latitude 38[deg]33'54'' N,
longitude 076[deg]02'47'' W, located in Cambridge, Maryland. In
addition, the security zone will include all navigable waters of the
Choptank River and Cambridge Channel, within an area bounded on the
west by a line drawn between position latitude 38[deg]35'52'' N,
longitude 076[deg]03'11'' W and position latitude 38[deg]34'25'' N,
longitude 076[deg]04'14'' W and bounded on the east by a line drawn
between position latitude 38[deg]35'06'' N, longitude 076[deg]02'27'' W
and position latitude 38[deg]34'02'' N, longitude 076[deg]03'10'' W.
These locations are entirely within the Area of Responsibility of the
Captain of the Port Baltimore, as set forth at 33 CFR 3.25-15.
This rule provides that entry into, attempted entry into, or
remaining in this security zone is prohibited unless authorized by the
Coast Guard Captain of the Port Baltimore. Except for persons or
vessels authorized by the Captain of the Port Baltimore, no person or
vessel may enter or remain in the regulated area during the effective
period. Vessels already at berth, mooring, or anchor at the time the
security zone is implemented, however, do not have to depart the
security zone. All vessels underway within the security zone at the
time it becomes effective are to depart the zone immediately. 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 the
security zone 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 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 may affect the following entities, some of which
might 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 widths of the
Choptank River and Cambridge Channel, traffic may be allowed to pass
through the zone with the permission of the Captain of the Port
Baltimore. Before the effective period, maritime advisories will be
widely available to the maritime community.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call
[[Page 3120]]
1-888-REG-FAIR (1-(888) 734-3247). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 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 which 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.
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. 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, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-1164 to read as follows:
Sec. 165.T05-1164 Security Zone; Choptank River and Cambridge
Channel, Cambridge, MD.
(a) Locations. The following areas are a security zone:
(1) All waters of the Choptank River, within 2,000 yards of the
Hyatt Regency Chesapeake Bay Golf Resort, Spa and Marina's Breakwater
Pavilion, in approximate position latitude 38[deg]33'54'' N, longitude
076[deg]02'47'' W, located in Cambridge, Maryland; and
(2) All waters of the Choptank River and Cambridge Channel, within
an area bounded on the west by a line drawn between position latitude
38[deg]35'52'' N, longitude 076[deg]03'11'' W and position latitude
38[deg]34'25'' N, longitude 076[deg]04'14'' W and bounded on the east
by a line drawn between position latitude 38[deg]35'06'' N, longitude
076[deg]02'27'' W and position latitude 38[deg]34'02'' N, longitude
076[deg]03'10'' W. All positions refer to 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. The general security zone regulations found in 33
CFR 165.33 apply to the security zone created by this temporary
section, Sec. 165.T05-1164.
[[Page 3121]]
(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, however, 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 zones by Federal, State, and local agencies.
(d) Enforcement period. The security zone will be enforced from 8
a.m. on January 25, 2012, through 11:59 p.m. on January 27, 2012.
Dated: January 10, 2012.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-1172 Filed 1-20-12; 8:45 am]
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