[Federal Register Volume 71, Number 101 (Thursday, May 25, 2006)]
[Rules and Regulations]
[Pages 30060-30062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8068]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-06-052]
RIN 1625-AA87


Security Zone; Severn River and College Creek, Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
encompassing the waters of the Severn River and College Creek in order 
to safeguard high-ranking public officials from terrorist acts and 
incidents during the U.S. Naval Academy graduation ceremony on May 26, 
2006. This action is necessary to ensure the safety of persons and 
property, and prevent terrorist acts or incidents. 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 7:30 a.m. to 2 p.m. on May 26, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-06-052 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 coordinate 
security operations and establish a secure environment for this highly 
visible and publicized event. The publication of an NPRM is 
impracticable and contrary to the public interest as immediate action 
is necessary to protect high-ranking public officials and the public 
from terrorist acts and incidents during the U.S. Naval Academy 
graduation ceremony on May 26, 2006. This temporary security zone of 
short duration is necessary to provide for the security of high-ranking 
officials and the public at large.
    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 high-ranking public 
officials and the public from 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

    On May 26, 2006, the Vice President of the United States, Richard 
B. Cheney, will attend the commencement at the U.S. Naval Academy in 
Annapolis, Maryland. 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 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 gathering of 
high-ranking officials at or near Annapolis, Maryland, would have. This 
temporary security zone applies to all waters of the Severn River, 
between Horseshoe Point and Biemans Point, and all waters of College 
Creek eastward of the King George Street Bridge. Marine vessel travel 
in the area of the Naval Academy Bridge in the Severn River and College 
Creek will be restricted. The area affected covers nearly 2000 yards of 
the Severn River's length. Vessels underway at the time this security 
zone is implemented will immediately proceed out of the zone. We will 
issue Broadcast Notices to Mariners to further publicize the security 
zone and any revisions to the zone. This security zone is issued under 
authority contained in 50 U.S.C. 191 and 33 U.S.C. 1226.
    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 or transit on the Severn River, between Horseshoe Point and 
Biemans Point, and on College Creek, eastward of the King George Street 
Bridge, from 7:30 a.m. to 2 p.m. on May 26, 2006. This security zone 
will not have a significant economic impact on a substantial number of 
small entities due to the

[[Page 30061]]

limited duration of the regulation. In addition, the waterway may be 
opened by the Captain of the Port Baltimore for the passage of traffic 
during specific times throughout the day.

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 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, an ``Environmental 
Analysis Check List'' and a ``Categorical Exclusion Determination'' are 
not required for this rule, because this is an emergency situation 
lasting less than one week.

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 temporary Sec.  165.T05-052 to read as follows:


Sec.  165.T05-052  Security Zone; Severn River and College Creek, 
Annapolis, Maryland.

    (a) Definitions. For the purposes of this section:
    (1) 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 or her behalf.
    (2) State and/or local law enforcement officers means any State or 
local

[[Page 30062]]

government law enforcement officer who has the authority to enforce 
State criminal laws.
    (b) Location. The following area is a security zone: All waters of 
the Severn River, from shoreline to shoreline, bounded by a line drawn 
from Horseshoe Point eastward across the Severn River to a point 
located at 39[deg]39'1.5'' N 076[deg]29'8.5'' W, and a line drawn from 
Biemans Point westward across the Severn River to a point 
39[deg]59'04'' N 076[deg]28'50'' W, located on the Naval Academy 
waterfront. This security zone includes the waters of College Creek 
eastward of the King George Street Bridge (NAD 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).
    (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 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 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 is effective from 7:30 a.m. to 2 
p.m. on May 26, 2006.

    Dated: May 15, 2006.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore, Maryland.
[FR Doc. E6-8068 Filed 5-24-06; 8:45 am]
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