[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Rules and Regulations]
[Pages 48062-48064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19685]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0738]
RIN 1625-AA87


Security Zone; Inner Harbor, Baltimore, 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 Baltimore's Inner Harbor. This security 
zone is needed to prevent waterside threats during an event held at the 
Baltimore Marriott Waterfront Hotel in Baltimore, MD, September 12-14, 
2019. Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port Maryland-National 
Capital Region or his designated representative.

DATES: This rule is effective from 11:59 a.m. on September 12, 2019, 
through 4 p.m. on September 14, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0738 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. Ron Houck, Sector Maryland-National Capital Region 
Waterways Management Division, U.S. 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
FR Federal Register
NPRM Notice of proposed rulemaking
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 high-ranking United States officials 
and the public, as it would introduce vulnerability to their safety and 
security.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule 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 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP Maryland-National Capital 
Region has determined that a security zone is necessary to protect 
high-ranking United States officials 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 Baltimore Marriott Waterfront Hotel in 
Baltimore, MD.

IV. Discussion of the Rule

    This rule establishes a security zone from 11:59 a.m. on September 
12, 2019, until 4 p.m. on September 14, 2019. The security zone will 
cover all navigable waters of the Inner Harbor, within the following 
coordinates: from Inner Harbor Pier 6 at position latitude 
39[deg]16'58.7'' N, longitude 076[deg]36'16.0'' W; thence to latitude 
39[deg]16'55.3'' N, longitude 076[deg]36'14.2'' W; thence to latitude 
39[deg]16'53.6'' N, longitude 076[deg]36'12.5'' W; thence to the Harbor 
East Marina pier at latitude 39[deg]16'52.9'' N, longitude 
076[deg]36'10.0'' W; thence northward along the pier to the shoreline 
at latitude 39[deg]16'55.5'' N, longitude 076[deg]36'10.2'' W; thence 
northward along the eastern shoreline of the Jones Falls canal to 
latitude 39[deg]17'20.6'' N, longitude 076[deg]36'19.9'' W; thence 
westward to latitude 39[deg]17'20.5'' N, longitude 076[deg]36'20.5'' W; 
thence southward along the western shoreline of the Jones Falls canal 
to latitude 39[deg]16'58.1'' N, longitude 076[deg]36'13.0'' W; thence 
westward along Inner Harbor Pier 6 to the point of origin. The duration 
of the zone is intended to protect high-ranking United States officials 
and the public in these navigable waters during activities associated 
with the U.S. House Republican Conference in Baltimore, MD.
    Entry into this security zone is prohibited, unless specifically 
authorized by the COTP Maryland-National Capital Region or designated 
representative. Except for public

[[Page 48063]]

vessels, this rule temporarily requires all vessels in the designated 
security zone 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 related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    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 for a 52-hour enforcement 
period. Vessels will be able to safely transit around this security 
zone, which would impact a small designated area of the Inner Harbor. 
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 
safety 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 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 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. 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 
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series), 
which guide 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 a security zone lasting only 52 hours 
in duration and is necessary to provide security for high-ranking 
United States officials and the public. It is categorically excluded 
from further review under paragraph L60(a) in Table 3-1 of U.S. Coast 
Guard Environmental Planning Implementing Procedures 5090.1. 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.

[[Page 48064]]

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.T05-0738 to read as follows:


Sec.  165.T05-0738  Security Zone; Inner Harbor, Baltimore, MD.

    (a) Location. The following area is a security zone: All waters of 
the Inner Harbor, from surface to bottom, encompassed by a line 
connecting the following points beginning at 39[deg]16'58.7'' N, 
076[deg]36'16.0'' W, thence to 39[deg]16'55.3'' N, 076[deg]36'14.2'' W, 
thence to 39[deg]16'53.6'' N, 076[deg]36'12.5'' W, thence to 
39[deg]16'52.9'' N, 076[deg]36'10.0'' W, thence to 39[deg]16'55.5'' N, 
076[deg]36'10.2'' W, thence to 39[deg]17'20.6'' N, 076[deg]36'19.9'' W; 
thence to 39[deg]17'20.5'' N, 076[deg]36'20.5'' W, thence to 
39[deg]16'58.1'' N, 076[deg]36'13.0'' W, thence along Inner Harbor Pier 
6 back to the beginning point. These coordinates are based on 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 a Coast Guard commissioned, 
warrant, or petty officer designated by or assisting the Captain of the 
Port Maryland-National Capital Region (COTP) in the enforcement of the 
security zone.
    Public vessel means a vessel that is owned, chartered, or operated 
by the Government of the United States, or by a State or political 
subdivision thereof.
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, you may not enter the security zone described 
in paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) Except for public vessels, all vessels within this security 
zone at the time it is implemented are to depart the zone.
    (3) Persons desiring to transit the area of the security zone must 
first obtain authorization from the COTP or the COTP's designated 
representative. To seek permission to enter, contact the COTP or the 
COTP's representative by telephone number 410-576-2693 or on Marine 
Band Radio VHF-FM channel 16 (156.8 MHz). Those in the security zone 
must comply with all lawful orders or directions given to them by the 
COTP or the COTP's designated representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the zone by Federal, State, and local 
agencies.

    Dated: September 6, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2019-19685 Filed 9-11-19; 8:45 am]
BILLING CODE 9110-04-P