[Federal Register: December 29, 2006 (Volume 71, Number 250)]
[Rules and Regulations]
[Page 78363-78365]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de06-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-06-121]
RIN 1625-AA00
Security Zone; Choptank River, 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. This action is
necessary to ensure the safety of persons and property, and prevent
terrorist acts or incidents during the U.S. House Republican Issues
Conference, being held during January 24-26, 2007. 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 7 a.m. on January 24, 2007, through
7 a.m. on January 27, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-06-121 and are available for
inspection or copying at Commander, Coast Guard Sector Baltimore, 2401
Hawkins Point Road, Baltimore, Maryland 21226-1791, between 9 a.m. and
4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, Waterways Management
Division, at Commander, Coast Guard Sector Baltimore, 2401 Hawkins
Point Road, Baltimore, Maryland 21226-1791, telephone number (410) 576-
2674.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM and for making this rule
effective less than 30 days after publication in the Federal Register.
The Coast Guard is establishing this security zone to support the
United States Capitol Police Dignitary Protection Division, the lead
federal agency coordinating security for the U.S. House Republican
Issues Conference, in their efforts to coordinate security operations
and establish a secure environment for this highly visible and
publicized event. This temporary security zone of short duration is
necessary to provide for the security of a large gathering of high-
ranking United States officials, their families and staff.
Additionally, the publication of an NPRM is contrary to the public
interest as our Nation continues its heightened security posture.
Therefore, immediate action is required to address the ongoing threat
to U.S. national interests.
For the same reasons, 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. The measures
contemplated by the rule are intended to protect the public by
preventing waterborne acts of terrorism, which terrorists have
demonstrated a capability to carry out. Immediate action is needed to
defend against and deter these terrorist acts. Any delay in the
effective date of this rule is contrary to public and national
interests.
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 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 security zone is
part of a comprehensive port security regime designed to safeguard
human life, vessels, and
[[Page 78364]]
waterfront facilities against sabotage or terrorist attacks.
The Captain of the Port Baltimore is establishing a security zone
to address the aforementioned security concerns and to take steps to
prevent the catastrophic impact that a terrorist attack against a large
gathering of high-ranking United States officials, their families, and
staff at or near the Hyatt Regency Chesapeake Bay Golf Resort, Spa and
Marina, in Cambridge, Maryland, would have. This temporary security
zone applies to all waters of the Choptank River, within 500 yards of
the resort's River Marsh Marina Breakwater Pavilion, in approximate
position latitude 38[deg]33.76' N longitude 076[deg]02.75' W (North
American Datum of 1983). Vessels underway at the time this security
zone is implemented will immediately proceed out of the zone. We will
issue written and broadcast Notices to Mariners to further publicize
the security zone and any revisions to the zone.
Except for Public vessels and vessels at berth, mooring or at
anchor, this rule temporarily requires all vessels in the designated
security zone as defined by this rule to depart the security zone.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
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, transit or anchor on the Choptank River, within 500 yards of
the Hyatt Regency Chesapeake Bay Golf Resort, Spa and Marina's
Breakwater Pavilion, in approximate position latitude 38[deg]33.76' N
longitude 076[deg]02.75' W (North American Datum of 1983) from 7 a.m.
on January 24, 2007 through 7 a.m. on January 27, 2007. This security
zone will not have a significant economic impact on a substantial
number of small entities due to its limited size, vessels requiring to
transit the federal navigation channel will be able to do so, and a
lack of seasonal vessel traffic associated with recreational boating
and commercial fishing during the effective period. Further, 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), 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. If your
small business or organization would be affected by this final rule and
you have questions concerning its provisions or options for compliance,
please contact one of the points of contact listed under FOR FURTHER
INFORMATION CONTACT.
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).
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
[[Page 78365]]
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 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 concluded
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.
Under figure 2-1, paragraph (34)(g), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are available in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Vessels, 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(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.
0
2. Add temporary Sec. 165.T05-121 to read as follows:
Sec. 165.T05-121 Security Zone; Choptank River, Cambridge, MD.
(a) Definitions. For the purposes of this section, Captain of the
Port Baltimore means the Commander, U.S. Coast Guard sector Baltimore,
Maryland and any Coast Guard commissioned, warrant, or petty officer
who has been authorized by the Commander, U.S. Coast Guard Sector
Baltimore, Maryland to act as a designated representative on his
behalf.
(b) Location. The following area is a security zone: All waters of
the Choptank River, within 500 yards of the Hyatt Regency Chesapeake
Bay Golf Resort, Spa and Marina's Breakwater Pavilion, in approximate
position latitude 38[deg] 33.76' N longitude 076[deg] 02.75' W (North
American Datum of 1983).
(c) Regulations. (1) The general regulations governing security
zones found in Sec. 165.33 of this part apply to the security zone
described in paragraph (b) of this section.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Baltimore or his
designated representative. Except for Public vessels and vessels at
berth, mooring or at anchor, all vessels in this zone are to depart the
security zone.
(3) Persons desiring to transit the area of the security zone must
first obtain authorization from the Captain of the Port Baltimore. To
seek permission to transit the area, the Captain of the Port Baltimore
can be contacted at telephone number (410) 576-2693. 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 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 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 from 7 a.m.
on January 24, 2007, through 7 a.m. on January 27, 2007.
Dated: December 18, 2006.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E6-22441 Filed 12-28-06; 8:45 am]
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