[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Rules and Regulations]
[Pages 38749-38751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12707]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0467]
RIN 1625-AA87


Security Zone, Baltimore Harbor, MD.

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for 
navigable waters within Baltimore Northwest Harbor, across the West 
channel, in the vicinity of North Locust Point Marine Terminal. The 
security zone is needed to protect distinguished guests and attendees 
during the commission of the USS CARL M. LEVIN (DDG 120). Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port, Sector Maryland-National Capital 
Region.

DATES: This rule is effective from 8 a.m. until 1 p.m. on June 24, 
2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0467 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email BM1 Michael Klopp, Sector Maryland-NCR, Waterways 
Management Division, U.S. Coast Guard: telephone 410-576-2674, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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 U.S. Navy informed the Coast Guard that the Commissioning of 
the USS CARL M. LEVIN (DDG 120) will be held on June 24, 2023, in 
Baltimore Harbor, MD. The commissioning will be in close proximity to 
navigable waterways within the Captain of the Port, Maryland-National 
Capital Region's Area of Responsibility, as set forth in 33 CFR 3.25-
15. On May 30, 2023, the U. S. Navy requested that a security zone be 
established to be in effect before, during and after the commissioning 
ceremony.
    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 it is impracticable and contrary to 
public interest to delay the effective date of this rule. Immediate 
action is needed to mitigate potential terrorist acts and to enhance 
public and maritime safety and security. The Coast Guard is unable to 
publish an NPRM in time to publish a final rule due to the short time 
period between May 30, 2023, when the event planners notified the Coast 
Guard of the security posture for the event, and June 24, 2023, when 
the security zone must be in effect Delaying the effective date to 
publish an NPRM would be contrary to the security zone's intended 
objectives of mitigating potential terrorist acts and enhancing public 
and maritime safety and security. It is therefore impracticable to 
publish an NPRM.
    Under 5 U.S.C. 553(d)(3), the Coast Guard also 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 because immediate action to restrict 
vessel traffic is needed to protect life, property and the environment, 
and delaying the effective date would frustrate the security zone's 
intended objectives of mitigating potential terrorist acts and 
enhancing public and maritime safety and security when the event takes 
place.

III. Legal Authority and Need for Rule

    The Coast Guard may issue security zone regulations under authority 
in 46 U.S.C. 70051 and 70124. The Captain of the Port, Maryland-
National Capital Region (COTP) has determined that the commissioning of 
a U.S. Naval Warship presents a potential target for terrorist attack, 
sabotage, or other subversive acts, accidents, or other causes of 
similar nature. This rule is needed to protect distinguished guests and 
attendants of the commissioning ceremony of the USS CARL M. LEVIN (DDG 
120) as well as personnel in and around the commissioning site, 
navigable waterways, and waterfront facilities.

IV. Discussion of the Rule

    This rule establishes a security zone from 8 a.m. until 1 p.m. on 
June 24, 2023. The security zone will cover all navigable waters from 
North Locust Point Marine Terminal across West Channel Harbor to the 
yacht basin Oasis Marina in Northwest Harbor, MD. The duration of the 
zone is intended to protect personnel in and around the commissioning 
site, navigable waterways, and waterfront facilities. No vessel or 
person will be permitted to enter the security zone without obtaining 
permission from the COTP or a designated representative.

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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, and limited duration of the security zone. This zone impacts 
a small, designated area of the Northwest Harbor for 5 hours.

[[Page 38750]]

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 
call or email 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.

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, Rev. 1, associated implementing instructions, 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 5 hours that will prohibit entry within 
certain navigable waters of the Patapsco River. It is categorically 
excluded from further review under paragraph L60(a) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of 
Environmental Consideration supporting this determination is available 
in the docket. For instructions on locating the docket, see the 
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T05-0467 to read as follows:


Sec.  165.T05-0467  Security Zone; Northwest Harbor, Baltimore, MD.

    (a) Location. The following area is a security zone: All navigable 
waters of Northwest Harbor, encompassed by a line connecting the 
following points beginning at 39[deg]16'21.32'' N, 076[deg]35'4.81'' W, 
thence to 39[deg]16'33.74'' N, 076[deg]34'54.59'' W, thence to 
39[deg]16'26.98'' N, 076[deg]34'43.79'' W, thence to 39[deg]16'26.18'' 
N, 076[deg]34'40.62'' W, thence to 39[deg]16'11.42'' N, 
076[deg]34'46.56'' W, thence to 39[deg]16'10.56'' N, 076[deg]34'50.20'' 
W, and thence along the shore line back to the beginning point, located 
at Baltimore, MD. These coordinates are based on WGS 84.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard 
Sector Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer, including a Coast Guard coxswain, petty 
officer, or other officer operating a Coast Guard vessel and a Federal, 
State, and local officer designated by or assisting the Captain of the 
Port Maryland-National Capital Region (COTP) in the enforcement of the 
security zone.
    (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) 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

[[Page 38751]]

with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, local agencies.
    (e) Enforcement period. This section will be enforced from 8 a.m. 
until 1 p.m. on June 24, 2023.

    Dated: June 8, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-National 
Capital Region.
[FR Doc. 2023-12707 Filed 6-13-23; 8:45 am]
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