[Federal Register: December 1, 2006 (Volume 71, Number 231)]
[Proposed Rules]
[Page 69514-69517]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de06-37]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-06-104]
RIN 1625-AA87
Security Zone; Chesapeake Bay, Between Sandy Point and Kent
Island, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a permanent security
zone on the waters of the Chesapeake Bay, within 250 yards north of the
north span and 250 yards south of the south span of the William P. Lane
Jr. Memorial Bridge, located between Sandy Point and Kent Island,
Maryland. This action is necessary to provide for the security of a
large number of participants during the annual Bay Bridge Walk across
the William P. Lane Jr. Memorial Bridge, held annually on the first
Sunday in May. The security zone will allow for control of vessels or
persons within a specified area of the Chesapeake Bay and safeguard the
public at large.
DATES: Comments and related material must reach the Coast Guard on or
before March 1, 2007.
ADDRESSES: You may mail comments and related material to Commander,
Coast Guard Sector Baltimore, 2401 Hawkins Point Road, Building 70,
Waterways Management Division, Baltimore, Maryland 21226-1791. Coast
Guard Sector Baltimore, Waterways Management Division, maintains the
public docket for this rulemaking. Comments and material received from
the public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at Coast Guard Sector Baltimore,
Waterways Management Division, between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
[[Page 69515]]
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, at Coast Guard
Sector Baltimore, Waterways Management Division, at telephone number
(410) 576-2674 or (410) 576-2693.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-06-
104), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Coast Guard Sector Baltimore,
Waterways Management Division, at the address under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
The ongoing hostilities in Afghanistan and Iraq have made it
prudent for U.S. ports and waterways to be on a higher state of alert
because the al Qaeda organization and other similar organizations have
declared an ongoing intention to conduct armed attacks on U.S.
interests worldwide. Due to increased awareness that future terrorist
attacks are possible, the Coast Guard, as lead federal agency for
maritime homeland security, has determined that the Captain of the Port
Baltimore must have the means to be aware of, deter, detect, intercept,
and respond to asymmetric threats, acts of aggression, and attacks by
terrorists on the American homeland while still maintaining our
freedoms and sustaining the flow of commerce. This security zone is
part of a comprehensive port security regime designed to safeguard
human life, vessels, and waterfront facilities against sabotage or
terrorist attacks.
In this particular rulemaking, to address the aforementioned
security concerns during the highly-publicized public event, and to
take steps to prevent the catastrophic impact that a terrorist attack
against a large number of participants during the annual Bay Bridge
Walk would have on the public interest, the Captain of the Port,
Baltimore, Maryland proposes to establish a security zone upon all
waters of the Chesapeake Bay, within 250 yards north of the north
(westbound) span of the William P. Lane Jr. Memorial Bridge, and 250
yards south of the south (eastbound) span of the William P. Lane Jr.
Memorial Bridge, from the western shore at Sandy Point to the eastern
shore at Kent Island, Maryland. This security zone will help the Coast
Guard to prevent vessels or persons from engaging in terrorist actions
against a large number of participants during the event. Due to these
heightened security concerns and the catastrophic impact a terrorist
attack on the Chesapeake Bay Bridge during the annual Bay Bridge Walk
would have on the large number of participants, and the surrounding
area and communities, a security zone is prudent for this type of
event.
Discussion of Proposed Rule
Each spring on the first Sunday in May, the Maryland Transportation
Authority closes the eastbound span of the William P. Lane Jr. Memorial
Bridge (also known as the Chesapeake Bay Bridge) to vehicular traffic
to allow pedestrians to participate in the 4.3-mile Bay Bridge Walk
across the bridge. The event takes place from Sandy Point State Park in
Anne Arundel County, Maryland at 9 a.m. local time and consists of an
estimated 50,000 participants walking across the Chesapeake Bay Bridge
to Kent Island, in Queen Anne's County, Maryland. The Bay Bridge Walk
will be canceled in the event of rain, high winds or extreme weather.
Vessels underway at the time this security zone is enforced will
immediately proceed out of the zone. We will issue Broadcast Notices to
Mariners to further publicize the security zone. This security zone is
necessary to prevent vessels or persons from entering or remaining in
the waters of the Chesapeake Bay 250 yards from each span of the
William P. Lane Jr. Memorial Bridge.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
The operational restrictions of the security zone are tailored to
provide the minimal disruption of vessel operations necessary to
provide immediate, improved security for persons, vessels, and the
waters of the Chesapeake Bay, within 250 yards of the William P. Lane
Jr. Memorial Bridge, located between Sandy Point and Kent Island,
Maryland. Additionally, this security zone is temporary in nature and
any hardships experienced by persons or vessels are outweighed by the
national interest in protecting the public at large from the
devastating consequences of acts of terrorism, and from sabotage or
other subversive acts, accidents, or other causes of a similar nature.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities: The owners or operators of vessels intending
to operate, remain or anchor within 250 yards of the William P. Lane
Jr. Memorial Bridge, located between Sandy Point and Kent Island,
Maryland. This security zone will not have a significant economic
impact on a substantial number of small entities because vessels
transiting through the security zone without loitering may be permitted
to do so, and those with compelling interests that outweigh the port's
security needs may be granted waivers from the requirements of the
security zone. Before the effective period, we would issue maritime
advisories widely available to users of the Chesapeake Bay.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it,
[[Page 69516]]
please submit a comment (see ADDRESSES) explaining why you think it
qualifies and how and to what degree this rule would economically
affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Mr. Ronald L. Houck, at Coast
Guard Sector Baltimore, Waterways Management Branch, at telephone
number (410) 576-2674. 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 proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination 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, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation because this
rulemaking is a security zone. A draft ``Environmental Analysis Check
List'' and a draft ``Categorical Exclusion Determination'' (CED) are
available in the docket where indicated under ADDRESSES. Comments on
this section will be considered before we make the final decision on
whether the rule should be categorically excluded from further
environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.507 to read as follows:
Sec. 165.507 Security Zone; Chesapeake Bay, between Sandy Point and
Kent Island, MD.
(a) Definitions. (1) The Captain of the Port, Baltimore, Maryland
means the Commander, Coast Guard Sector Baltimore, Maryland or any
Coast Guard commissioned, warrant, or petty officer who has been
authorized by the Captain of the Port, Baltimore, Maryland to act on
his or her behalf.
(b) Location. The following area is a security zone: All waters of
the
[[Page 69517]]
Chesapeake Bay, from the surface to the bottom, within 250 yards north
of the north (westbound) span of the William P. Lane Jr. Memorial
Bridge, and 250 yards south of the south (eastbound) span of the
William P. Lane Jr. Memorial Bridge, from the western shore at Sandy
Point to the eastern shore at Kent Island, Maryland.
(c) Regulations. (1) All persons are required to comply with the
general regulations governing security zones found in Sec. 165.33 of
this part.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port, Baltimore, Maryland.
(3) Persons or vessels requiring entry into or passage through the
security zone must first request authorization from the Captain of the
Port, Baltimore to seek permission to transit the area. The Captain of
the Port, Baltimore, Maryland can be contacted at telephone number
(410) 576-2693. The Coast Guard vessels enforcing this section can be
contacted on VHF Marine Band Radio, VHF channel 16 (156.8 MHz). Upon
being hailed by a U.S. Coast Guard vessel by siren, radio, flashing
light, or other means, the operator of a vessel shall proceed as
directed. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port, Baltimore, Maryland
and proceed at the minimum speed necessary to maintain a safe course
while within the zone.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This section will be enforced annually on
the first Sunday in May from 7 a.m. to 5 p.m. local time.
Dated: November 6, 2006.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore,
Maryland.
[FR Doc. E6-19677 Filed 11-30-06; 8:45 am]
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