[Federal Register Volume 68, Number 140 (Tuesday, July 22, 2003)]
[Rules and Regulations]
[Pages 43309-43311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18523]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-03-008]
RIN 1625-AA00


Safety and Security Zones; Chesapeake Bay, Maryland and 
Tributaries

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing moving and fixed safety and 
security zones on the waters of the Chesapeake Bay and it tributaries 
for cruise ships and vessels carrying Certain Dangerous Cargo (CDC), 
Liquefied Natural Gas (LNG), or Liquefied Hazardous Gas (LHG) in the 
Captain of the Port (COTP) Baltimore zone. These

[[Page 43310]]

zones are necessary to provide for the safety and security of these 
vessels in response to potential terrorist acts. This rule enhances 
public and maritime safety and security by requiring vessel traffic to 
maintain a safe distance from these vessels while they are transiting, 
anchored, or moored in the COTP Baltimore zone.

DATES: This rule is effective on August 21, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-03-008 and are available for inspection or 
copying at Commander, U. S. Coast Guard Activities, 2401 Hawkins Point 
Road, Building 70, Port Safety, Security and Waterways Management 
Branch, Baltimore, Maryland, 21226-1791, between 9 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Dulani Woods, at Coast 
Guard Activities Baltimore, Port Safety, Security and Waterways 
Management Branch, at telephone number (410) 576-2513 or (410) 576-
2693.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 20, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety and Security Zones; Chesapeake Bay, Maryland 
and Tributaries'' in the Federal Register (68 FR 13649). We received no 
letters commenting on the proposed rule. No public hearing was 
requested, and none was held.

Background and Purpose

    Since the September 11, 2001 terrorist attacks on the World Trade 
Center in New York, the Pentagon in Arlington, Virginia and Flight 93, 
the Federal Bureau of Investigation (FBI) has issued several warnings 
concerning the potential for additional terrorist attacks within the 
United States. The threat of maritime attacks is real as evidenced by 
the attack on the USS Cole and the subsequent attack in October 2002 
against a tank vessel off the coast of Yemen. These threats manifest a 
continuing threat to U.S. assets as described in the President's 
finding in Executive Order 13273 of August 21, 2002 (67 FR 56215, 
September 3, 2002) that the security of the U.S. is endangered by the 
September 11, 2001 attacks and that such aggression continues to 
endanger the international relations of the United States. See also 
Continuation of the National Emergency with Respect to Certain 
Terrorist Attacks, (67 FR 58317, September 13, 2002); Continuation of 
the National Emergency with Respect to Persons Who Commit, Threaten To 
Commit, Or Support Terrorism, (67 FR 59447, September 20, 2002). The 
U.S. Maritime Administration (MARAD) in Advisory 02-07 advised U.S. 
shipping interests to maintain a heightened state of alert against 
possible terrorist attacks. MARAD more recently issued Advisory 03-05 
informing operators of maritime interests of increased threat 
possibilities to vessels and facilities and a higher risk of terrorist 
attack to the transportation community in the United States. The 
ongoing foreign hostilities 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. In this 
particular rule, to address the aforementioned security and safety 
concerns, and to take steps to prevent the catastrophic impact that a 
terrorist attack against certain types of vessels would have on the 
public interest, the Coast Guard is establishing safety and security 
zones around these vessels. These safety and security zones prohibit 
entry into or movement within the specified areas.
    This rule establishes safety and security zones around cruise ships 
and vessels carrying CDC, LNG, or LHG while underway, anchored, or 
moored in the waters of the Chesapeake Bay and its tributaries. This 
rule creates these safety and security zones while the above vessels 
are within navigable waters of the United States in the Captain of the 
Port (COTP) Baltimore zone, as defined in 33 CFR 3.25-15. While the 
COTP anticipates some impact on vessel traffic due to this regulation, 
these safety and security zones are deemed necessary for the protection 
of life, property, and the safety and security of navigation within the 
COTP Baltimore zone.

Discussion of Comments and Changes

    The Coast Guard received no comments on the proposed rule during 
the comment period published in the NPRM. No public meeting was 
requested, and none was held. As a result, no change to the proposed 
regulatory text was made with the exception of our deletion of a 
reference to 33 U.S.C. 1226 in the Authority paragraph because we 
determined that the reference was unnecessary.

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).
    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. This finding is based on the 
limited size of the zones, the minimal time that vessels will be 
restricted from the zones, and vessels may transit around the zones. In 
addition, vessels that may need to enter the zones may request 
permission on a case-by-case basis from the COTP Baltimore or his 
designated representatives.

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 would affect the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to transit in a portion of the Chesapeake Bay and its tributaries near 
a vessel encompassed by the safety and security zones. Because the 
zones are of limited size and duration, it is expected that there will 
be minimal disruption to the maritime community. In addition, smaller 
vessels, which are more likely to be small entities, may transit around 
the zones and request permission from the COTP Baltimore on a case-by-
case basis to enter the zones.

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 the 
rule would affect your small business and you have questions concerning 
it provisions or options for

[[Page 43311]]

compliance, please contact the person 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 require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this 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 
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 because this rule establishes a safety and security zone. 
A final ``Environmental Analysis Check List'' and a final ``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; 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 No. 
0170.1.


0
2. Add Sec.  165.500 to read as follows:


Sec.  165.500  Safety/Security Zones; Chesapeake Bay, Maryland.

    (a) Definitions. (1) Certain Dangerous Cargo (CDC) means a material 
defined in 33 CFR part 160.
    (2) Liquefied Hazardous Gas (LHG) means a material defined in 33 
CFR part 127.
    (3) Liquefied Natural Gas (LNG) means a material defined in 33 CFR 
part 127.
    (4) Cruise ship means a vessel defined as a ``passenger vessel'' in 
46 U.S.C. 2101 (22).
    (b) Location. The following areas are a safety/security zone: All 
waters of the Chesapeake Bay and its tributaries, from surface to 
bottom, within a 500 yard radius around cruise ships and vessels 
transporting CDC, LNG, or LHG while transiting, anchored, or moored 
within the COTP Baltimore zone.
    (c) Regulations. (1) The COTP will notify the maritime community of 
affected vessels and the periods during which the safety/security zones 
will be enforced by providing notice to mariners in accordance with 33 
CFR 165.7.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the Coast Guard COTP, Baltimore, Maryland or his 
designated representative.
    (3) Persons desiring to transit the area of the security zone may 
contact the COTP at telephone number 410-576-2693 or on VHF channel 16 
(156.8 MHz) to seek permission to transit the area. If permission is 
granted, all persons and vessels must comply with the instructions of 
the COTP or his or her designated representative.
    (d) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 50 U.S.C. 191.

    Dated: July 10, 2003.
Curtis A. Springer,
Captain, Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 03-18523 Filed 7-21-03; 8:45 am]
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