[Federal Register Volume 71, Number 75 (Wednesday, April 19, 2006)]
[Rules and Regulations]
[Pages 20013-20015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3714]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-06-003]
RIN 1625-AA87


Security Zone; Chesapeake Bay, Between Sandy Point and Kent 
Island, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone on 
the waters of the Chesapeake Bay. This action is necessary to provide 
for the security of a large number of participants during the 2006 Bay 
Bridge Walk across the William P. Lane, Jr. Memorial Bridge between 
Sandy Point and Kent Island, Maryland. The security zone will allow for 
control of a designated area of the Chesapeake Bay and safeguard the 
public at large.

DATES: This rule is effective from 7 a.m. to 5 p.m. local time on May 
7, 2006.

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 CGD05-06-003 and are 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 20014]]


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:

Regulatory Information

    On February 27, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone; Chesapeake Bay, between Sandy Point 
and Kent Island, MD'' in the Federal Register (71 FR 9744). We received 
no letters commenting on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    The William P. Lane Jr. Memorial Bridge (Chesapeake Bay Bridge) 
near Annapolis, Maryland crosses the Chesapeake Bay as part of highway 
US-50/US-301 and has been the site of a Bay Bridge Walk almost every 
year since 1975. The 4.5-mile walk, from Kent Island on the eastern 
shore to Sandy Point on the western shore of Maryland, attracts 
approximately 40,000 to 60,000 people. In 2005, the Bay Bridge Walk was 
cancelled while the Maryland Transportation Authority reevaluated the 
practice of holding the event annually. During the event, the eastbound 
span is closed to traffic for use by the walkers, and the westbound 
three-lane span has two-way vehicular traffic that is controlled by 
overhead lane control signals. The 2006 Bay Bridge Walk will be held on 
Sunday, May 7, 2006, but may be canceled in the event of rain, high 
winds or extreme temperatures. If the event is canceled, it will not be 
rescheduled this year. This year, the Bay Bridge Walk is being held on 
the same date, during the same times, and at the same general location 
as the highly-publicized, internationally-held Volvo Ocean Race 2005-
2006 Leg 6 Restart event. The Coast Guard anticipates a large 
recreational boating fleet during this event. Operators should expect 
significant vessel congestion along their planned route.
    In this particular rulemaking, to take steps to prevent the 
catastrophic impact that a terrorist attack against a large number of 
participants and the public at large during the 2006 Bay Bridge Walk 
would have on the public interest, the Coast Guard is establishing a 
security zone upon all waters of the 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.
    The rule will assist the Coast Guard in preventing vessels or 
persons from engaging in terrorist actions against the public at large 
by providing a buffer around the walkers while they are participating 
in the Bay Bridge Walk. The rule will impact the movement of all 
vessels operating in the specified areas of the Chesapeake Bay and its 
tributaries. Interference with normal port operations will be kept to 
the minimum considered necessary to ensure the safety of life, 
property, and the surrounding area and communities, on the navigable 
waters immediately before, during, and after the scheduled event.

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.

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).
    The Coast Guard received no comments on the proposed rule during 
the comment period published in the NPRM. As a result, no change to the 
proposed regulatory text was made.

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 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in a portion 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 from 7 a.m. 
to 5 p.m. on May 7, 2006.
    This security zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for approximately ten hours. Although the 
security zone will apply to the entire width of the Chesapeake Bay, 
smaller vessels not constrained by their draft, which are more likely 
to be small entities, may request permission from the Captain of the 
Port Baltimore, Maryland to enter the zone. Additionally, before the 
effective period, the Coast Guard will issue maritime advisories widely 
available to users of the river to allow mariners to make alternative 
plans for transiting the affected areas. Because the zone is of limited 
size, it is expected that there will be minimal disruption to the 
maritime community.

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. However, 
we received no requests for assistance from any small entities.

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

[[Page 20015]]

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.

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, 
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. This regulation establishes a 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 
Delegation No. 0170.1.


0
2. Add Sec.  165.T05-003 to read as follows:


Sec.  165.T05-003  Security Zone; Chesapeake Bay, between Sandy Point 
and Kent Island, MD.

    (a) Definitions. (1) For purposes of this section, 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 behalf.
    (b) Location. The following area is a security zone: All waters of 
the 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.
    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (d) Effective period. This section will be effective from 7 a.m. to 
5 p.m. local time on May 7, 2006.

    Dated: April 7, 2006.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 06-3714 Filed 4-18-06; 8:45 am]
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