[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Rules and Regulations]
[Pages 65321-65323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20562]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0786]
RIN 1625-AA87


Security Zone; Patapsco River, Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: At the request of the United States Secret Service (USSS), the 
Coast Guard is establishing a temporary security zone for the 
protection of persons who will be in Baltimore, MD on September 24, 
2023. This security zone will prohibit persons and vessels from 
entering or remaining within the security zone unless authorized by the 
Captain of the Port Maryland-National Capital Region or a designated 
representative.

DATES: This rule is effective from 4 p.m. until 8 p.m. on Sunday, 
September 24, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0786 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 about this rule, 
call, or email LCDR Kate Newkirk, Waterways Management Division, Sector 
Maryland-National Capital Region, U.S. Coast Guard; (410) 365-8141, 
[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
USSS United States Secret Service

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 the Coast Guard was notified by the 
USSS of the visit without sufficient time to publish an NPRM. Delay in 
promulgating this rule would be impracticable because this security 
zone must be in by September 24, 2023, to protect these USSS protectees 
in the vicinity of Baltimore, MD. The presence of these USSS protectees 
creates unique safety and security concerns.
    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 for the same reasons discussed 
above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70051 and 70124. The Captain of the Port Maryland-National Capital 
Region (COTP) has determined that the presence of persons under the 
protection of the USSS at this location 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 persons 
under the protection of the USSS, personnel in and around the visit 
site, navigable waterways, and waterfront facilities.

IV. Discussion of the Rule

    This rule establishes a security zone from 4 p.m. until 8 p.m. on 
September 24, 2023, on the Patapsco River, in the vicinity of 
Baltimore, MD. The security zone will cover all navigable waters of the 
Inner Harbor on the Patapsco River, encompassed by a line connecting 
the following points beginning at 39[deg]16'56.60'' N, 
076[deg]36'26.17'' W, thence to 39[deg]17'1.25'' N, 076[deg]36'21.67'' 
W, located at Baltimore, MD. The duration of the zone is intended to 
protect persons under the protection of the USSS, personnel in and 
around the visit 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 and must proceed as directed by on-scene enforcement 
vessels. Any vessel permitted to transit the zone will be required to 
continue through the zone without pause or delay as directed by on-
scene enforcement vessels.

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

[[Page 65322]]

``significant regulatory action,'' under Executive Order 12866. 
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 Patapsco River for 4 hours. 
Furthermore, vessel traffic can safely transit around the security zone 
within the eastern portion of the navigation channel.

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 4 hours that will prohibit entry within 
certain navigable waters of the Patapsco River. It is categorically 
excluded from further review under paragraph L60(c) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

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.T05-0786 to read as follows:


Sec.  165.T05-0786  Security Zone; Patapsco River, Baltimore, MD.

    (a) Location. The following area is a security zone: All navigable 
waters of the Inner Harbor on the Patapsco River, encompassed by a line 
connecting the following points beginning at 39[deg]16'56.60'' N, 
076[deg]36'26.17'' W, thence to 39[deg]17'1.25'' N, 076[deg]36'21.67'' 
W, 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.
    Official Patrol Vessel means any Coast Guard, Coast Guard 
Auxiliary, State, or local law enforcement vessel assigned or approved 
by the COTP.
    USSS protectee means any person for whom the United States Secret 
Service requests implementation of a security

[[Page 65323]]

zone in order to supplement protection of said person(s).
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, you may not enter or remain in 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 or remain in the Security Zone, 
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.
    (3) Upon being hailed by an official patrol vessel or the 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed. Failure to 
comply with lawful direction may result in expulsion from the regulated 
area, citation for failure to comply, or both.
    (4) Unless specifically authorized by on-scene enforcement vessels, 
any vessel granted permission to enter or transit the security zone 
must comply with the instructions of the COTP or designated 
representative and operate at bare steerage or no-wake speed while 
transiting through the Security Zone, and must not loiter, stop, or 
anchor, and shall do so for the entirety of its time within the 
boundaries of the security zone.
    (d) Enforcement period. (1) This section will be enforced from 4 
p.m. until 8 p.m. on September 24, 2023.
    (2) This security zone described in paragraph (a) of this section 
will be enforced with actual notice by the U.S. Coast Guard 
representatives on-scene, as well as other methods listed in 33 CFR 
165.7. The Coast Guard will enforce the security zone created by this 
section only when it is necessary for the protection of USSS protectees 
in the vicinity of Hampton, Va. The U.S. Coast Guard may be 
additionally assisted in the patrol and enforcement of the zone by 
Federal, State, and local agencies.

    Dated: September 18, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-National 
Capital Region.
[FR Doc. 2023-20562 Filed 9-21-23; 8:45 am]
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