[Federal Register: April 23, 2008 (Volume 73, Number 79)]
[Proposed Rules]
[Page 21883-21885]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap08-30]
[[Page 21883]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0272]
RIN 1625-AA87
Security Zone; Patapsco River, Middle Branch, Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary security
zone on certain waters of the Patapsco River, Middle Branch, in
Baltimore Harbor, Baltimore, Maryland, during the August 9, 2008, USS
Sterett Commissioning ceremony. The security zone is necessary to
provide for the security of the USS Sterett and the safety of life of
event participants, spectators and mariners on U.S. navigable waters
during the event. Entry into the zone is prohibited unless authorized
by the Captain of the Port or a designated representative.
DATES: Comments and related material must reach the Coast Guard on or
before May 23, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0272 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Mr. Ronald Houck, at Coast Guard Sector Baltimore, Waterways
Management Division, at telephone number (410) 576-2674 or (410) 576-
2693. If you have questions on viewing or submitting material to the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0272), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, 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.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-0272)
in the Search box, and click ``Go >>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays; or the Commander, U. S. Coast Guard Sector Baltimore, 2401
Hawkins Point Road, Building 70, Waterways Management Division,
Baltimore, Maryland 21226-1791 between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility 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 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 waterfront facilities against sabotage or
terrorist attacks.
The Captain of the Port Baltimore is proposing to establish a
security zone to address the aforementioned security concerns and to
take steps to prevent the catastrophic impact that a terrorist attack
against the USS Sterett and a large number of participants at the South
Locust Point Marine Terminal, and the surrounding waterfront areas and
communities, in Baltimore, Maryland. The proposed security zone is
necessary to safeguard life and property on the navigable waters
immediately before, during, and after the scheduled event. This zone
will
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help the Coast Guard prevent vessels or persons from bypassing the
security measures established on shore for the ceremony and engaging in
waterborne terrorist actions during the highly-publicized event.
Discussion of Proposed Rule
On Saturday, August 9, 2008, the USS Sterett's Commissioning
ceremony will be held at the South Locust Point Marine Terminal in
Baltimore Harbor, Baltimore, Maryland. The U.S. Navy's new Arleigh
Burke class Aegis guided missile destroyer, DDG 104, will be berthed at
the facility.
The Coast Guard proposes to establish a temporary security zone
from 4 p.m. through 11 p.m. on August 9, 2008, encompassing the waters
of the Patapsco River, Middle Branch, from surface to bottom, by lines
connecting the following points, beginning at 39[deg]15'40'' N.,
076[deg]35'23'' W., thence to 39[deg]15'24'' N., 076[deg]35'18'' W.,
thence to 39[deg]15'25'' N., 076[deg]35'54'' W., thence to
39[deg]15'43'' N., 076[deg]35'58'' W., located approximately 1,600
yards east of the Hanover Street (SR-2) Bridge. This area includes
certain waters of the Ferry Bar Channel and the Locust Point East and
West Channels. Scheduled on a weekend during the summer in Baltimore,
Maryland, the waterfront ceremony is expected to attract a large
recreational boating fleet and will require that persons and vessels be
kept at a safe distance from the USS Sterett during the event.
No person or vessel may enter or remain in the security zone at any
time without the permission of the Captain of the Port Baltimore.
Persons desiring to transit the area of the security zone may contact
the Captain of the Port Baltimore via the Sector Baltimore Command
Center by telephone at (410) 576-2693 or on marine band radio channel
16 VHF-FM (156.8 MHz) to seek permission to transit the area. U.S.
Coast Guard patrol vessels will be on scene to control the movement of
persons and vessels in the security zone and may be assisted in the
patrol and enforcement of the zone by other Federal, State and local
agencies. 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
or his or her designated representative.
Regulatory Evaluation
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analysis based on 13 of these statutes or executive orders.
Executive Order 12866
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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. There is
little vessel traffic associated with recreational boating and
commercial fishing during the effective period, and vessels may seek
permission from the Captain of the Port Baltimore to enter and transit
the zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit or anchor in a portion of the
Patapsco River, Middle Branch, from 4 p.m. through 11 p.m. on August 9,
2008. Smaller vessels not constrained by their draft, which are more
likely to be small entities, may transit around the security zone. The
duration of the security zone will be limited to seven hours. Because
the zone is of limited size and duration, it is expected that there
will be minimal disruption to the maritime community. Before the
effective period, we will issue maritime advisories widely available to
users of the river.
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, 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 (Pub. L. 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
proposed 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 Houck,
at Coast Guard Sector Baltimore, Waterways Management Division, at
telephone number (410) 576-2674 or (410) 576-2693. 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,
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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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
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 which guides 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 this action is not likely to
have a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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, 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.T08-0272 to read as follows:
Sec. 165.T08-0272 Security Zone; Patapsco River, Middle Branch,
Baltimore, MD.
(a) Location. The following area is a security zone: All waters of
the Patapsco River, Middle Branch, from surface to bottom, encompassed
by lines connecting the following points, beginning at 39[deg]15'40''
N., 076[deg]35'23'' W., thence to 39[deg]15'24'' N., 076[deg]35'18''
W., thence to 39[deg]15'25'' N., 076[deg]35'54'' W., thence to
39[deg]15'43'' N., 076[deg]35'58'' W., located approximately 1,600
yards east of the Hanover Street (SR-2) Bridge. These coordinates are
based upon North American Datum 1983.
(b) Definitions. As used in this section, for purposes of enforcing
the security zone identified in paragraph (a) of this section,
designated representative means on-scene Coast Guard patrol personnel,
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and federal, state, and local officers
designated by the Captain of the Port Baltimore.
(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 the security zone described in
paragraph (a) of this section is prohibited unless authorized by the
Coast Guard Captain of the Port Baltimore, Maryland or his or her
designated representative.
(3) Persons desiring to transit the area of the security zone may
contact the Captain of the Port Baltimore at telephone number 410-576-
2674 or on marine band radio VHF-FM channel 16 (156.8 MHz) to seek
permission to transit the area. On-scene Coast Guard patrol personnel
operating Coast Guard vessels may be contacted on marine band radio
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area.
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 or
his or her designated representative.
(d) Effective period. This rule is effective from 4 p.m. through 11
p.m. on August 9, 2008.
Dated: April 10, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E8-8728 Filed 4-22-08; 8:45 am]
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