[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Rules and Regulations]
[Pages 5197-5199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02282]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0020]
RIN 1625-AA87


Security Zone; Choptank River, Cambridge, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
encompassing certain waters of the Choptank River. This action is 
necessary to prevent waterside threats before, during, and after an 
event held at the Hyatt Regency Chesapeake Bay Golf Resort, Spa and 
Marina in Cambridge, MD, during February 7-9, 2018. This rule prohibits 
vessels and persons 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 Maryland-
National Capital Region or his designated representative.

DATES: This rule is effective from noon on February 7, 2018, through 1 
p.m. on February 9, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0020 in the ``SEARCH'' box, and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald L. Houck, Sector Maryland-National Capital 
Region Waterways Management Division, U.S.

[[Page 5198]]

Coast Guard; telephone 410-576-2674, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
contrary to the public interest. The Coast Guard was unable to publish 
an NPRM and hold a comment period for this rulemaking due to the short 
time period between event planners notifying the Coast Guard of the 
event and publication of this security zone. It is necessary for the 
Coast Guard to establish this security zone for this event to ensure 
the appropriate level of protection for high-ranking United States 
officials and the public. Delaying the rulemaking to allow for 
opportunity for comment would be contrary to the security zone's 
intended objectives of protecting the high-ranking United States 
officials and the public, as it would introduce vulnerability to the 
safety and security of high-ranking United States officials and the 
general public.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register because doing so would be 
impracticable and contrary to the public interest for the same reasons 
discussed above for forgoing notice and comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP Maryland-National Capital Region has determined that a 
security zone is needed to protect VIPS (very important persons) and 
the public, mitigate potential terrorist acts, and enhance public and 
maritime safety and security in order to safeguard life, property, and 
the environment on or near the navigable waters near the Hyatt Regency 
Chesapeake Bay Golf Resort, Spa and Marina in Cambridge, MD.

IV. Discussion of the Rule

    An event will be held at the Hyatt Regency Chesapeake Bay Golf 
Resort, Spa and Marina in Cambridge, MD, during February 7-9, 2018. A 
gathering of high-ranking U.S. officials is expected to take place at 
this event at Cambridge, MD. This rule establishes a security zone from 
noon on February 7, 2018, through 1 p.m. on February 9, 2018. The 
security zone will include all navigable waters of the Choptank River, 
within 2,000 yards of the Hyatt Regency Chesapeake Bay Golf Resort, Spa 
and Marina's Breakwater Pavilion, in position latitude 38[deg]33'54'' 
N, longitude 076[deg]02'47'' W, located in Cambridge, MD. This location 
is entirely within the Area of Responsibility of the Captain of the 
Port Maryland-National Capital Region, as set forth at 33 CFR 3.25-15.
    Entry into this security zone is prohibited, unless specifically 
authorized by the COTP Maryland-National Capital Region. Except for 
public vessels and vessels already at berth, mooring, or at anchor, 
this rule temporarily requires all vessels in the designated security 
zone as defined by this rule to immediately depart the security zone. 
Coast Guard personnel will be present to prevent the movement of 
unauthorized persons into the zone. Federal, state, and local agencies 
may assist the Coast Guard in the enforcement of this rule. The Coast 
Guard will issue Broadcast Notices to Mariners to further publicize the 
security zone and notify the public of changes in the status of the 
zone. Such notices will continue until the event is complete.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below, we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, and duration of the security zone. This security zone will 
impact the waters affected by this rule during an enforcement period of 
approximately two days. Due to the time of year, the amount of vessel 
traffic that will be prohibited from accessing the security zone is 
expected to be minimal. In addition, notifications will be made to the 
maritime community via marine information broadcasts so mariners may 
adjust their plans accordingly. Such notifications will be updated as 
necessary to keep the maritime community informed of the status of the 
security zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 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 
section.
    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

[[Page 5199]]

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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 which guides the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (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 that is 49 hours in duration and is necessary to provide 
security for high-ranking U.S. officials and the public. It is 
categorically excluded from further review under paragraph L60(a) of 
Figure 2-1 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-
01, Rev. 01. A Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

G. 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.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T05-0020 to read as follows:


Sec.  165.T05-0020  Security Zone; Choptank River, Cambridge, MD.

    (a) Location. The following area is a security zone: All navigable 
waters of the Choptank River, within 2,000 yards of the Hyatt Regency 
Chesapeake Bay Golf Resort, Spa and Marina's Breakwater Pavilion, in 
position latitude 38[deg]33'54'' N, longitude 076[deg]02'47'' W, 
located in Cambridge, MD. Coordinates refer to datum NAD 1983.
    (b) Definitions. As used in this section:
    Captain of the Port means the Commander, U.S. Coast Guard Sector 
Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Maryland-National Capital Region to assist in enforcing the 
security zone described in paragraph (b) of this section.
    Public vessel means a vessel that is owned or demise-(bareboat) 
chartered by the government of the United States, by a state or local 
government, or by the government of a foreign country and that is not 
engaged in commercial service.
    (c) Regulations. The general security zone regulations found in 33 
CFR part 165 subpart D apply to the security zone created by this 
section.
    (1) Entry into or remaining in this zone is prohibited unless 
authorized by the Captain of the Port (COTP). Public vessels and 
vessels already at berth, mooring, or anchor at the time the security 
zone is implemented do not have to depart the security zone. All 
vessels underway within this security zone at the time it is 
implemented are to depart the zone.
    (2) Persons desiring to transit the area of the security zone must 
first obtain authorization from the COTP or designated representative. 
To request permission to transit the area, the COTP and or designated 
representatives can be contacted at telephone number 410-576-2693 or on 
Marine Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard 
vessels enforcing this section can be contacted on Marine Band Radio 
VHF-FM channel 16 (156.8 MHz). If permission is granted, persons and 
vessels must comply with the instructions of the COTP or designated 
representative and proceed as directed while within the zone.
    (3) Enforcement officials. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the zone by Federal, State, and local 
agencies.
    (d) Enforcement period. This section will be enforced from noon on 
February 7, 2018, through 1 p.m. on February 9, 2018.

    Dated: January 31, 2018.
Lonnie P. Harrison, Jr.
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-National 
Capital Region.
[FR Doc. 2018-02282 Filed 2-5-18; 8:45 am]
 BILLING CODE 9110-04-P