[Federal Register Volume 79, Number 95 (Friday, May 16, 2014)]
[Proposed Rules]
[Pages 28468-28470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11401]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0296]
RIN 1625-AA87


Security Zone, Change of Enforcement Period, Chesapeake Bay; 
Between Sandy Point and Kent Island, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing a change to the enforcement 
period of a security zone regulation within the Baltimore COTP Zone. 
This regulation applies to a recurring event that takes place on the 
William P. Lane Jr. Memorial Bridges, across the Chesapeake Bay, 
between Sandy Point and Kent Island, MD. This action is necessary to 
protect persons and property, and prevent terrorist acts or incidents 
on navigable waters during the event. 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: Comments and related material must be received by the Coast 
Guard on or before June 16, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: 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. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, Sector Baltimore Waterways Management 
Division, Coast Guard; telephone 410-576-2674, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Cheryl Collins, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-0296] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand 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 comments 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 and may

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change the rule based on your comments.

2. 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, 
type the docket number (USCG-2014-0296) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of 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 a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting 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.

B. Regulatory History and Information

    This rule involves the permanent change to the enforcement period 
for a security zone for an annually recurring event, described at 33 
CFR 165.507, that is normally scheduled to occur each year on the first 
Sunday in May. However, due to the cancellation of the original event 
and start-up of a new, similar event to be held at a different time of 
year, the future such event is planned for the second Sunday in 
November. The event location and regulated area remain unchanged.

C. Basis and Purpose

    The Ports and Waterways Safety Act gives the Coast Guard authority 
to create and enforce security zones. The Coast Guard has given each 
Coast Guard Captain of the Port the ability to implement comprehensive 
port security regimes designed to safeguard human life, vessels, and 
waterfront facilities while still sustaining the flow of commerce.
    Chesapeake Bay Bridge Run, LLC of St Michaels, MD is sponsoring the 
``Across the Bay 10k'' event on November 9, 2014 at 8 a.m. This 10-
kilometer, 6.2 mile point-to-point running event in which runners will 
cross the William P. Lane Jr. Memorial Bridges (Chesapeake Bay Bridge). 
If necessary, due to inclement weather, the event will be rescheduled 
for the following Sunday, November 16, 2014. The sponsor anticipates 
that approximately 20,000 runners will participate and that the race is 
open to participants of various levels of fitness and physical 
abilities as long as they are able to complete the event at an average 
pace of 19 minutes/mile. The event is located above the Chesapeake Bay, 
between Sandy Point and Kent Island, MD, in close proximity to 
navigable waterways within the Captain of the Port's Area of 
Responsibility.
    To protect persons and property, mitigate potential terrorist acts 
or incidents, and enhance public and maritime safety and security in 
order to safeguard life, property, and the environment on or near the 
navigable waters, the Coast Guard will temporarily restrict vessel 
traffic in the event area from 7 a.m. to 11 a.m. on November 9, 2014.

D. Discussion of Proposed Rule

    The Coast Guard proposes to change the enforcement period of the 
security zone for a recurring event that is normally scheduled to occur 
annually on the first Sunday in May. This action is due to the 
cancellation of the original event and the start-up of a similar event 
scheduled to occur annually on the second Sunday in November. The event 
location and regulated area remain unchanged. This regulation applies 
to the security zone described at 33 CFR 165.507.
    The regulation at 33 CFR 165.507 establishes the enforcement date 
for an event previously held on the William P. Lane Jr. Memorial 
Bridges, across the Chesapeake Bay, between Sandy Point and Kent 
Island, MD. This regulation permanently changes the date and time for a 
new event being held annually. The date is changed to annually on the 
second Sunday in November, and if necessary due to inclement weather, 
on the third Sunday in November. The security zone will be enforced 
from 7 a.m. to 11 a.m., and will restrict general navigation in the 
regulated area during the event. The regulation at 33 CFR 165.507 will 
be enforced for the duration of the event. This regulation is needed to 
protect persons and property, and prevent terrorist acts or incidents 
on navigable waters during the event.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    Although this regulation would restrict access to this area, the 
effect of this proposed rule will not be significant because: the 
security zone will only be in effect annually on the second Sunday in 
November from 7 a.m. through 11 a.m., and if necessary due to inclement 
weather, on the third Sunday in November from 7 a.m. through 11 a.m., 
and the Coast Guard will give advance notification via maritime 
advisories so mariners can adjust their plans accordingly, and will 
continue such advisories on the status of the security zone until the 
completion of the event.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 will not have a significant economic impact on a 
substantial number of small entities. This proposed rule will affect 
the following entities, some of which may be small entities: the owners 
or operators of vessels intending to operate or transit through or 
within, or anchor in, the security zone during the enforcement period. 
This proposed security zone will not have a significant economic impact 
on a substantial number of small entities for the reasons

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provided under Regulatory Planning and Review.
    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.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) 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.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, 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 this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
involves establishing a security zone. This rule is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A preliminary environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are 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

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
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. Revise Sec.  165.507 paragraph (e) to read as follows:


Sec.  165.507  Security Zone; Chesapeake Bay, between Sandy Point and 
Kent Island, MD.

* * * * *
    (e) Enforcement period. This section will be enforced annually on 
the second Sunday in November from 7 a.m. to 11 a.m., and if necessary 
due to inclement weather, on the third Sunday in November from 7 a.m. 
to 11 a.m.

    Dated: April 24, 2014.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2014-11401 Filed 5-15-14; 8:45 am]
BILLING CODE 9110-04-P