[Federal Register Volume 73, Number 121 (Monday, June 23, 2008)]
[Rules and Regulations]
[Pages 35348-35350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14130]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone on 
certain waters of the Patapsco River, Middle Branch, in Baltimore 
Harbor, Baltimore, Maryland, during the 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: This rule is effective from 4 p.m. through 11 p.m. on August 9, 
2008.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket, are part of docket USCG-2008-0272 and are available online 
at http://www.regulations.gov. This material is also available for 
inspection or copying at two locations: the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140,

[[Page 35349]]

1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays and 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary 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 the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 23, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone; Patapsco River, Middle Branch, 
Baltimore, MD'' in the Federal Register (73 FR 21883). We received no 
letters commenting on the proposed rule. No public meeting was 
requested, and none was held.

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 establishing 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 security zone is necessary to safeguard 
life and property on the navigable waters immediately before, during, 
and after the scheduled event. This zone will 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 Comments and Changes

    The Coast Guard received no comments in response to the NPRM. No 
public meeting was requested and none was held. Other than two 
technical changes--revising the temporary section number (from Sec.  
165.T08-0272 to Sec.  165.T05-0272) so that it reflects security zone 
in the Coast Guard's Fifth District, and revising the word ``rule'' to 
``section'' in the effective period paragraph--we have made no changes 
from the proposed rule.

Regulatory Analyses

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

Regulatory Planning and Review

    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. There is little vessel traffic associated 
with recreational boating and commercial fishing in the area during the 
effective period.

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 affects 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.
    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). 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 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

[[Page 35350]]

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 
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 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 rule establishes a security zone.
    A final environmental analysis checklist 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.

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, 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.T05-0272 to read as follows:


Sec.  165.T05-0272  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 section is effective from 4 p.m. through 
11 p.m. on August 9, 2008.

    Dated: June 12, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E8-14130 Filed 6-20-08; 8:45 am]
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