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13 February 2007
[Federal Register: February 12, 2007 (Volume 72, Number 28)]
[Proposed Rules]
[Page 6512-6515]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe07-25]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-06-112]
RIN 1625-AA87
Security Zone; Severn River and College Creek, Annapolis, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a permanent security
zone on certain waters of the Severn River and College Creek in
Maryland. This action is necessary in order to ensure the security of
high-ranking public officials and safeguard the public at large against
terrorist acts or incidents during the U.S. Naval Academy graduation
ceremony, held annually on the Friday before the Memorial Day holiday
in May. This rule prohibits vessels and people from entering the
security zone and requires vessels and persons in the security zone to
depart the zone, unless specifically exempt under the provisions in
this rule or granted specific permission from the Coast Guard Captain
of the Port of Baltimore.
DATES: Comments and related material must reach the Coast Guard on or
before April 13, 2007.
ADDRESSES: You may mail comments and related material to Commander,
Coast Guard Sector Baltimore, 2401 Hawkins Point Road, Building 70,
Waterways Management Division, Baltimore, Maryland 21226-1791. Coast
Guard Sector Baltimore, Waterways Management Division, maintains the
public docket for this rulemaking. Comments and material received from
the public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at Coast Guard Sector Baltimore,
Waterways Management Division, between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, at Coast Guard
Sector Baltimore, Waterways Management Division, at telephone number
(410) 576-2674 or (410) 576-2693.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-06-
112), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all
[[Page 6513]]
comments and material received during the comment period. We may change
this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Coast Guard Sector Baltimore,
Waterways Management Division, at the address under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
The ongoing hostilities in Afghanistan and Iraq have made it
prudent for U.S. ports and waterways to be on a higher state of alert
because the al Qaeda organization and other similar organizations have
declared an ongoing intention to conduct armed attacks on U.S.
interests worldwide. Due to increased awareness that future terrorist
attacks are possible, the Coast Guard, as lead federal agency for
maritime homeland security, has determined that the Captain of the Port
Baltimore must have the means to be aware of, deter, detect, intercept,
and respond to asymmetric threats, acts of aggression, and attacks by
terrorists on the American homeland while still maintaining our
freedoms and sustaining the flow of commerce. This security zone is
part of a comprehensive port security regime designed to safeguard
human life, vessels, and waterfront facilities against sabotage or
terrorist attacks.
In this particular rulemaking, to address the aforementioned
security concerns during the highly-publicized public event, and to
take steps to prevent the catastrophic impact that a terrorist attack
against high-ranking public officials and the public at large during
the annual U.S. Naval Academy graduation ceremony would have on the
public interest, the Captain of the Port, Baltimore, Maryland proposes
to establish a security zone upon all waters of the Severn River, from
shoreline to shoreline, bounded by a line drawn from Horseshoe Point,
at 38[deg]59'47.6'' N, 076[deg]29'33.2'' W; eastward across the Severn
River to a point located at 39[deg]00'01.5'' N, 076[deg]29'08.5'' W;
and a line drawn from Biemans Point, at 38[deg]59'14.4'' N,
076[deg]28'30.1'' W; westward across the Severn River to a point
38[deg]59'03.5'' N, 076[deg]28'50.0'' W; located on the Naval Academy
waterfront. This security zone includes the waters of College Creek
eastward of the King George Street Bridge. This security zone would
help the Coast Guard to prevent vessels or persons from engaging in
terrorist actions against a large number of participants during the
event. Due to these heightened security concerns, and the catastrophic
impact a terrorist attack on the U.S. Naval Academy during its annual
graduation ceremony would have on the large number of participants, and
the surrounding area and communities, a security zone is prudent for
this type of event.
Discussion of Proposed Rule
Each spring, on the Friday before the Memorial Day holiday in May,
the U.S. Naval Academy conducts an outdoor graduation ceremony. The
commencement takes place at 10 a.m. local time and is attended by high-
ranking officials of the United States and over 30,000 participants and
guests on the Naval Academy grounds, in Annapolis, Anne Arundel County,
Maryland. The event is held indoors in the event of inclement weather.
This security zone is necessary to prevent vessels or persons on
designated waters of the Severn River, between Horseshoe Point and
Biemans Point, and all waters of College Creek eastward of the King
George Street Bridge, from approaching the Naval Academy and thereby
bypassing the security measures for the event established by the United
States Secret Service and Naval Support Activity Annapolis. Marine
vessel travel in the area of the Naval Academy Bridge in the Severn
River and College Creek would be restricted. The area affected covers
nearly 2000 yards of the Severn River's length.
Except for Public vessels and vessels at berth, mooring or at
anchor, this rule would require all vessels in the designated security
zone, as defined by this rule, underway at the time this security zone
is implemented to immediately proceed out of the security zone. We
would issue Broadcast Notices to Mariners to further publicize the
security zone and any revisions to the zone. Entry into or remaining in
this zone would be prohibited unless authorized by the Coast Guard
Captain of the Port, Baltimore, Maryland.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
The operational restrictions of the security zone are tailored to
provide the minimal disruption of vessel operations necessary to
provide immediate, improved security for persons, vessels, and
designated waters of the Severn River, between Horseshoe Point and
Biemans Point, and all waters of College Creek eastward of the King
George Street Bridge, located in Annapolis, Maryland. Additionally,
this security zone is temporary in nature any hardships experienced by
persons or vessels are outweighed by the national interest in
protecting high-ranking officials of the United States and the public
at large from the devastating consequences of acts of terrorism, and
from sabotage or other subversive acts, accidents, or other causes of a
similar nature.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities: The owners or operators of vessels intending
to operate, remain or anchor on the Severn River, between Horseshoe
Point and Biemans Point, and on College Creek, eastward of the King
George Street Bridge, from 7:30 a.m. to 2 p.m. annually on the Friday
before the Memorial Day holiday in May. This security zone would not
have a significant economic impact on a substantial number of small
entities due to the limited duration of the enforcement of this
regulation and during these limited enforcement periods vessels may
seek permission of the Captain of the Port, Baltimore, to enter and
transit the zone. Before the effective period, we would issue maritime
advisories widely available to users of the Severn River and College
Creek.
[[Page 6514]]
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Mr. Ronald L. Houck, at Coast
Guard Sector Baltimore, Waterways Management Branch, at telephone
number (410) 576-2674. 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.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation because this
rulemaking is a security zone less than one week in duration. A draft
``Environmental Analysis Check List'' and a draft ``Categorical
Exclusion Determination'' (CED) are available in the docket where
indicated under ADDRESSES. Comments on this section will be considered
before we make the final decision on whether the rule should be
categorically excluded from further environmental review.
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 proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.509 to read as follows:
Sec. 165.509 Security Zone; Severn River and College Creek,
Annapolis, MD.
(a) Definitions. For purposes of this section, the Captain of the
Port, Baltimore, Maryland means the Commander, Coast Guard Sector
Baltimore, Maryland or any Coast Guard commissioned, warrant, or petty
officer
[[Page 6515]]
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 Severn River, from shoreline to shoreline, bounded by a line drawn
from Horseshoe Point, at 38[deg]59'47.6'' N, 076[deg]29'33.2'' W;
eastward across the Severn river to a point located at 39[deg]00'01.5''
N; 076[deg]29'08.5'' W; and a line drawn from Biemans Point, at
38[deg]59'14.4'' N, 076[deg]28'30.1'' W; westward across the Severn
River to a point 38[deg]59'03.5'' N, 076[deg]28'50.0'' W; located on
the Naval Academy waterfront. This security zone includes the waters of
College Creek eastward of the King George Street Bridge (NAD 1983).
(c) Regulations. (1) The general regulations governing security
zones found in Sec. 165.33 apply to the security zone described in
paragraph (b) of this section.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the 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 Friday before the Memorial Day holiday in May from 7:30 a.m. to 2
p.m. local time.
Dated: January 29, 2007.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E7-2334 Filed 2-9-07; 8:45 am]
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