[Federal Register Volume 73, Number 79 (Wednesday, April 23, 2008)]
[Proposed Rules]
[Pages 21883-21885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8728]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0272]
RIN 1625-AA87


Security Zone; Patapsco River, Middle Branch, Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary security 
zone on certain waters of the Patapsco River, Middle Branch, in 
Baltimore Harbor, Baltimore, Maryland, during the August 9, 2008, USS 
Sterett Commissioning ceremony. The security zone is necessary to 
provide for the security of the USS Sterett and the safety of life of 
event participants, spectators and mariners on U.S. navigable waters 
during the event. Entry into the zone is prohibited unless authorized 
by the Captain of the Port or a designated representative.

DATES: Comments and related material must reach the Coast Guard on or 
before May 23, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0272 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Mr. Ronald Houck, at Coast Guard Sector Baltimore, Waterways 
Management Division, at telephone number (410) 576-2674 or (410) 576-
2693. If you have questions on viewing or submitting material to the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0272), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2008-0272) 
in the Search box, and click ``Go >>.'' You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays; or the Commander, U. S. Coast Guard Sector Baltimore, 2401 
Hawkins Point Road, Building 70, Waterways Management Division, 
Baltimore, Maryland 21226-1791 between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility 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 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 Baltimore is proposing to establish a 
security zone to address the aforementioned security concerns and to 
take steps to prevent the catastrophic impact that a terrorist attack 
against the USS Sterett and a large number of participants at the South 
Locust Point Marine Terminal, and the surrounding waterfront areas and 
communities, in Baltimore, Maryland. The proposed security zone is 
necessary to safeguard life and property on the navigable waters 
immediately before, during, and after the scheduled event. This zone 
will

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help the Coast Guard prevent vessels or persons from bypassing the 
security measures established on shore for the ceremony and engaging in 
waterborne terrorist actions during the highly-publicized event.

Discussion of Proposed Rule

    On Saturday, August 9, 2008, the USS Sterett's Commissioning 
ceremony will be held at the South Locust Point Marine Terminal in 
Baltimore Harbor, Baltimore, Maryland. The U.S. Navy's new Arleigh 
Burke class Aegis guided missile destroyer, DDG 104, will be berthed at 
the facility.
    The Coast Guard proposes to establish a temporary security zone 
from 4 p.m. through 11 p.m. on August 9, 2008, encompassing the waters 
of the Patapsco River, Middle Branch, from surface to bottom, by lines 
connecting the following points, beginning at 39[deg]15'40'' N., 
076[deg]35'23'' W., thence to 39[deg]15'24'' N., 076[deg]35'18'' W., 
thence to 39[deg]15'25'' N., 076[deg]35'54'' W., thence to 
39[deg]15'43'' N., 076[deg]35'58'' W., located approximately 1,600 
yards east of the Hanover Street (SR-2) Bridge. This area includes 
certain waters of the Ferry Bar Channel and the Locust Point East and 
West Channels. Scheduled on a weekend during the summer in Baltimore, 
Maryland, the waterfront ceremony is expected to attract a large 
recreational boating fleet and will require that persons and vessels be 
kept at a safe distance from the USS Sterett during the event.
    No person or vessel may enter or remain in the security zone at any 
time without the permission of the Captain of the Port Baltimore. 
Persons desiring to transit the area of the security zone may contact 
the Captain of the Port Baltimore via the Sector Baltimore Command 
Center by telephone at (410) 576-2693 or on marine band radio channel 
16 VHF-FM (156.8 MHz) to seek permission to transit the area. U.S. 
Coast Guard patrol vessels will be on scene to control the movement of 
persons and vessels in the security zone and may be assisted in the 
patrol and enforcement of the zone by other Federal, State and local 
agencies. 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 
or his or her designated representative.

Regulatory Evaluation

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analysis based on 13 of these statutes or executive orders.

Executive Order 12866

    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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. There is 
little vessel traffic associated with recreational boating and 
commercial fishing during the effective period, and vessels may seek 
permission from the Captain of the Port Baltimore to enter and transit 
the zone.

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. This proposed rule would 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 
Patapsco River, Middle Branch, from 4 p.m. through 11 p.m. on August 9, 
2008. Smaller vessels not constrained by their draft, which are more 
likely to be small entities, may transit around the security zone. The 
duration of the security zone will be limited to seven hours. Because 
the zone is of limited size and duration, it is expected that there 
will be minimal disruption to the maritime community. Before the 
effective period, we will issue maritime advisories widely available to 
users of the river.
    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 
proposed 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 Houck, 
at Coast Guard Sector Baltimore, Waterways Management Division, at 
telephone number (410) 576-2674 or (410) 576-2693. 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,

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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. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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 which guides 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 this action is not likely to 
have a significant effect on the human environment. A preliminary 
``Environmental Analysis Check List'' supporting this preliminary 
determination is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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, 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.T08-0272 to read as follows:


Sec.  165.T08-0272  Security Zone; Patapsco River, Middle Branch, 
Baltimore, MD.

    (a) Location. The following area is a security zone: All waters of 
the Patapsco River, Middle Branch, from surface to bottom, encompassed 
by lines connecting the following points, beginning at 39[deg]15'40'' 
N., 076[deg]35'23'' W., thence to 39[deg]15'24'' N., 076[deg]35'18'' 
W., thence to 39[deg]15'25'' N., 076[deg]35'54'' W., thence to 
39[deg]15'43'' N., 076[deg]35'58'' W., located approximately 1,600 
yards east of the Hanover Street (SR-2) Bridge. These coordinates are 
based upon North American Datum 1983.
    (b) Definitions. As used in this section, for purposes of enforcing 
the security zone identified in paragraph (a) of this section, 
designated representative means on-scene Coast Guard patrol personnel, 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and federal, state, and local officers 
designated by the Captain of the Port Baltimore.
    (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 the security zone described in 
paragraph (a) of this section is prohibited unless authorized by the 
Coast Guard Captain of the Port Baltimore, Maryland or his or her 
designated representative.
    (3) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port Baltimore at telephone number 410-576-
2674 or on marine band radio VHF-FM channel 16 (156.8 MHz) to seek 
permission to transit the area. On-scene Coast Guard patrol personnel 
operating Coast Guard vessels may be contacted on marine band radio 
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. 
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 or 
his or her designated representative.
    (d) Effective period. This rule is effective from 4 p.m. through 11 
p.m. on August 9, 2008.

    Dated: April 10, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E8-8728 Filed 4-22-08; 8:45 am]
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