[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Rules and Regulations]
[Pages 49688-49690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19988]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0296]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing 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: This rule is effective September 22, 2014 and 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.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0296]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; 
telephone 410-576-2674, email [email protected]. If you have 
questions on viewing or submitting material to the

[[Page 49689]]

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. Regulatory History and Information

    On May 16, 2014, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone, Change of Enforcement Period, 
Chesapeake Bay; Between Sandy Point and Kent Island, MD'' in the 
Federal Register (79 FR 28468). We received no comments on the proposed 
rule. No public meeting was requested, and none was held.

B. Basis and Purpose

    The legal bases and authorities for this rule are found in 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; Public Law 107-295, 116 Stat. 
2064; Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to propose, establish, and 
define regulatory security zones. The purpose of this security zone is 
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.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in response to the NPRM. No 
public meeting was requested and none was held.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This 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 rule will not be significant because: (i) 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 (ii) 
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 received no comments from the Small Business 
Administration on this rule. 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 may 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 security zone will not have a significant 
economic impact on a substantial number of small entities for the 
reasons provided under Regulatory Planning and Review.

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 rule. If the rule affects 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.
    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.

4. Collection of Information

    This 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 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will 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 rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to

[[Page 49690]]

minimize litigation, eliminate ambiguity, and reduce burden.

10. 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.

11. 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.

12. Energy Effects

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

14. Environment

    We have analyzed this 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 determined 
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 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. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are 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.

    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. 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 to read as follows:


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

    (a) Definitions. The ``Captain of the Port, Baltimore, Maryland'' 
means the Commander, Coast Guard Sector Baltimore, Maryland or any 
Coast Guard commissioned, warrant, or petty officer 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 Chesapeake Bay, from the surface to the bottom, within 250 yards 
north of the north (westbound) span of the William P. Lane Jr. Memorial 
Bridge, and 250 yards south of the south (eastbound) span of the 
William P. Lane Jr. Memorial Bridge, from the western shore at Sandy 
Point to the eastern shore at Kent Island, Maryland.
    (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 this zone is prohibited unless 
authorized by the Coast Guard 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 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: August 7, 2014.
K. C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2014-19988 Filed 8-21-14; 8:45 am]
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