[Federal Register Volume 68, Number 148 (Friday, August 1, 2003)]
[Rules and Regulations]
[Pages 45164-45165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19544]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-03-102]
RIN 1625-AA00


Safety and Security Zones; Chesapeake Bay, Maryland and 
Tributaries

AGENCY: Coast Guard, DHS.

ACTION: Temporary 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 its tributaries 
for vessels carrying Liquefied Natural Gas (LNG) in the Captain of the 
Port (COTP) Baltimore zone. These 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 from 8 a.m. local time on July 24, 2003 
through August 20, 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 CGD05-03-102 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 Charles Bright, at Coast 
Guard Activities Baltimore, Port Safety, Security and Waterways 
Management Branch, at telephone number (410) 576-2676 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.
    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 final rule was published in 
the Federal Register (68 FR 43309) on July 22, 2003, but is not 
effective until August 21, 2003. However, imminent arrival of affected 
vessels creates an immediate need for this temporary rule until the 
final rule becomes effective.

Background and Purpose

    In light of the terrorist attacks on the World Trade Center 
buildings in New York, NY and the Pentagon in Arlington, VA on 
September 11, 2001, safety and security zones are being established to 
safeguard certain types of vessels and the public from sabotage or 
other subversive acts, accidents, or other events of a similar nature, 
and to protect persons, vessels, and others in the maritime community 
from the hazards associated with the transit and limited 
maneuverability of these vessels. These safety and security zones 
prohibit entry into or movement within the specified areas.
    This rule establishes safety and security zones around vessels 
carrying LNG while underway, anchored, or moored in the waters of the 
Chesapeake Bay and its tributaries. This rule creates safety and 
security zones within navigable waters of the United States in the 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.

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 (Public Law 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 
its provisions or options for 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).

[[Page 45165]]

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'' will be 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-1, 6.04-6, and 
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Add Sec.  165.T05-102 to read as follows:


Sec.  165.T05-102  Safety and Security Zones; Chesapeake Bay, Maryland.

    (a) Definition. Liquefied Natural Gas (LNG) means a material 
defined in 33 CFR 127.005.
    (b) Location. The following areas are a safety and security zone: 
All waters of the Chesapeake Bay and its tributaries, from surface to 
bottom, within a 500 yard radius around vessels transporting LNG while 
transiting, anchored, or moored within the COTP Baltimore zone.
    (c) Regulations. (1) The COTP will notify the maritime community of 
periods during which the safety and security zones will be enforced by 
providing notice 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.

    Dated: July 23, 2003.
Curtis A. Springer,
Captain, Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 03-19544 Filed 7-31-03; 8:45 am]
BILLING CODE 4910-15-P