[Federal Register Volume 72, Number 28 (Monday, February 12, 2007)]
[Proposed Rules]
[Pages 6512-6515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2334]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-06-112]
RIN 1625-AA87


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a permanent security 
zone on certain waters of the Severn River and College Creek in 
Maryland. This action is necessary in order to ensure the security of 
high-ranking public officials and safeguard the public at large against 
terrorist acts or incidents during the U.S. Naval Academy graduation 
ceremony, held annually on the Friday before the Memorial Day holiday 
in May. This rule prohibits vessels and people from entering the 
security zone and requires vessels and persons in the security zone to 
depart the zone, unless specifically exempt under the provisions in 
this rule or granted specific permission from the Coast Guard Captain 
of the Port of Baltimore.

DATES: Comments and related material must reach the Coast Guard on or 
before April 13, 2007.

ADDRESSES: You may mail comments and related material to Commander, 
Coast Guard Sector Baltimore, 2401 Hawkins Point Road, Building 70, 
Waterways Management Division, Baltimore, Maryland 21226-1791. Coast 
Guard Sector Baltimore, Waterways Management Division, maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
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.

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:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-06-
112), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all

[[Page 6513]]

comments and material received during the comment period. We may change 
this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Coast Guard Sector Baltimore, 
Waterways Management Division, 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 Captain of the Port 
Baltimore 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.
    In this particular rulemaking, to address the aforementioned 
security concerns during the highly-publicized public event, and to 
take steps to prevent the catastrophic impact that a terrorist attack 
against high-ranking public officials and the public at large during 
the annual U.S. Naval Academy graduation ceremony would have on the 
public interest, the Captain of the Port, Baltimore, Maryland proposes 
to establish a security zone upon all waters of the Severn River, from 
shoreline to shoreline, bounded by a line drawn from Horseshoe Point, 
at 38[deg]59'47.6'' N, 076[deg]29'33.2'' W; eastward across the Severn 
River to a point located at 39[deg]00'01.5'' N, 076[deg]29'08.5'' W; 
and a line drawn from Biemans Point, at 38[deg]59'14.4'' N, 
076[deg]28'30.1'' W; westward across the Severn River to a point 
38[deg]59'03.5'' N, 076[deg]28'50.0'' W; located on the Naval Academy 
waterfront. This security zone includes the waters of College Creek 
eastward of the King George Street Bridge. This security zone would 
help the Coast Guard to prevent vessels or persons from engaging in 
terrorist actions against a large number of participants during the 
event. Due to these heightened security concerns, and the catastrophic 
impact a terrorist attack on the U.S. Naval Academy during its annual 
graduation ceremony would have on the large number of participants, and 
the surrounding area and communities, a security zone is prudent for 
this type of event.

Discussion of Proposed Rule

    Each spring, on the Friday before the Memorial Day holiday in May, 
the U.S. Naval Academy conducts an outdoor graduation ceremony. The 
commencement takes place at 10 a.m. local time and is attended by high-
ranking officials of the United States and over 30,000 participants and 
guests on the Naval Academy grounds, in Annapolis, Anne Arundel County, 
Maryland. The event is held indoors in the event of inclement weather.
    This security zone is necessary to prevent vessels or persons on 
designated waters of the Severn River, between Horseshoe Point and 
Biemans Point, and all waters of College Creek eastward of the King 
George Street Bridge, from approaching the Naval Academy and thereby 
bypassing the security measures for the event established by the United 
States Secret Service and Naval Support Activity Annapolis. Marine 
vessel travel in the area of the Naval Academy Bridge in the Severn 
River and College Creek would be restricted. The area affected covers 
nearly 2000 yards of the Severn River's length.
    Except for Public vessels and vessels at berth, mooring or at 
anchor, this rule would require all vessels in the designated security 
zone, as defined by this rule, underway at the time this security zone 
is implemented to immediately proceed out of the security zone. We 
would issue Broadcast Notices to Mariners to further publicize the 
security zone and any revisions to the zone. Entry into or remaining in 
this zone would be prohibited unless authorized by the Coast Guard 
Captain of the Port, Baltimore, Maryland.

Regulatory Evaluation

    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. 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.
    The operational restrictions of the security zone are tailored to 
provide the minimal disruption of vessel operations necessary to 
provide immediate, improved security for persons, vessels, and 
designated waters of the Severn River, between Horseshoe Point and 
Biemans Point, and all waters of College Creek eastward of the King 
George Street Bridge, located in Annapolis, Maryland. Additionally, 
this security zone is temporary in nature any hardships experienced by 
persons or vessels are outweighed by the national interest in 
protecting high-ranking officials of the United States and the public 
at large from the devastating consequences of acts of terrorism, and 
from sabotage or other subversive acts, accidents, or other causes of a 
similar nature.

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: The owners or operators of vessels intending 
to operate, remain or anchor 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. annually on the Friday 
before the Memorial Day holiday in May. This security zone would not 
have a significant economic impact on a substantial number of small 
entities due to the limited duration of the enforcement of this 
regulation and during these limited enforcement periods vessels may 
seek permission of the Captain of the Port, Baltimore, to enter and 
transit the zone. Before the effective period, we would issue maritime 
advisories widely available to users of the Severn River and College 
Creek.

[[Page 6514]]

    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 
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 L. Houck, at Coast 
Guard Sector Baltimore, Waterways Management Branch, at telephone 
number (410) 576-2674. 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, 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.

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 and Department of Homeland Security Management Directive 
5100.1, which guide 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 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, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation because this 
rulemaking is a security zone less than one week in duration. A draft 
``Environmental Analysis Check List'' and a draft ``Categorical 
Exclusion Determination'' (CED) are available in the docket where 
indicated under ADDRESSES. Comments on this section will be considered 
before we make the final decision on whether the rule should be 
categorically excluded from further environmental review.

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(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.

    2. Add Sec.  165.509 to read as follows:


Sec.  165.509  Security Zone; Severn River and College Creek, 
Annapolis, MD.

    (a) Definitions. For purposes of this section, the Captain of the 
Port, Baltimore, Maryland means the Commander, Coast Guard Sector 
Baltimore, Maryland or any Coast Guard commissioned, warrant, or petty 
officer

[[Page 6515]]

who has been authorized by the Captain of the Port, Baltimore, Maryland 
to act on his or her behalf.
    (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, at 38[deg]59'47.6'' N, 076[deg]29'33.2'' W; 
eastward across the Severn river to a point located at 39[deg]00'01.5'' 
N; 076[deg]29'08.5'' W; and a line drawn from Biemans Point, at 
38[deg]59'14.4'' N, 076[deg]28'30.1'' W; westward across the Severn 
River to a point 38[deg]59'03.5'' N, 076[deg]28'50.0'' 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 apply to the security zone described in 
paragraph (b) of this section.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the 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.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced annually on 
the Friday before the Memorial Day holiday in May from 7:30 a.m. to 2 
p.m. local time.

    Dated: January 29, 2007.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E7-2334 Filed 2-9-07; 8:45 am]
BILLING CODE 4910-15-P