[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Rules and Regulations]
[Pages 14420-14422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5718]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-06-104]
RIN 1625-AA87


Security Zone; Chesapeake Bay, Between Sandy Point and Kent 
Island, MD

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent security zone on 
the waters of the Chesapeake Bay, within 250 yards north of the north 
span and 250 yards south of the south span of the William P. Lane Jr. 
Memorial Bridge, located between Sandy Point and Kent Island, Maryland. 
This action is necessary to provide for the security of a large number 
of participants during the annual Bay Bridge Walk across the William P. 
Lane Jr. Memorial Bridge, held annually on the first Sunday in May. The 
security zone will allow for control of vessels or persons within a 
specified area of the Chesapeake Bay and safeguard the public at large.

DATES: This rule is effective April 27, 2007.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-06-104 and are 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:

Regulatory Information

    On December 1, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone; Chesapeake Bay, Between Sandy Point 
and Kent Island, MD'' in the Federal Register (71 FR 69514). We 
received no letters commenting on the proposed rule. No public meeting 
was requested, and none was held.

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 a large number of participants during the annual Bay Bridge 
Walk would have on the public interest, the Captain of the Port, 
Baltimore, Maryland is establishing a security zone upon all waters of 
the Chesapeake Bay, within 250 yards north

[[Page 14421]]

of the north (westbound) span of the William P. Lane Jr. Memorial 
Bridge, and 250 yards south of the south (eastbound) span of the 
William P. Lane Jr. Memorial Bridge, from the western shore at Sandy 
Point to the eastern shore at Kent Island, Maryland. This security zone 
will 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 Chesapeake Bay Bridge during the 
annual Bay Bridge Walk 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 Comments and Changes

    The Coast Guard received no comments on the proposed rule during 
the comment period published in the NPRM. No public meeting was 
requested and none was held. As a result, no change to the proposed 
regulatory text was made.

Regulatory Evaluation

    This 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.
    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 the 
waters of the Chesapeake Bay, within 250 yards of the William P. Lane 
Jr. Memorial Bridge, located between Sandy Point and Kent Island, 
Maryland. Additionally, this security zone is temporary in nature and 
any hardship experienced by persons or vessels are outweighed by the 
national interest in protecting 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.
    The Coast Guard received no comments on this aspect of the proposed 
rule during the comment period published in the NPRM. As a result, no 
change to the proposed regulatory text was made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
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 within 250 yards of the William P. Lane Jr. Memorial 
Bridge, located between Sandy Point and Kent Island, Maryland. This 
security zone will not have a significant economic impact on a 
substantial number of small entities because vessels desiring to 
transit through the security zone without loitering or those vessels 
with compelling interests to remain in the zone may seek authorization 
to enter the security zone from the Captain of the Port. Before the 
enforcement period, the Coast Guard will issue maritime advisories 
widely available to users of the Chesapeake Bay.
    The Coast Guard received no comments on this aspect of the proposed 
rule during the comment period published in the NPRM. As a result, no 
change to the proposed regulatory text was made.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. However, 
we received no requests for assistance from any small entities.
    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.

Collection of Information

    This rule calls 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 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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

[[Page 14422]]

responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 concluded 
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, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. This regulation establishes a security zone. A final 
``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' are available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
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. 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.


0
2. Add Sec.  165.507 to read as follows:


Sec.  165.507  Security Zone; Chesapeake Bay, between Sandy Point and 
Kent Island, MD.

    (a) Definitions. The Captain of the Port, Baltimore, Maryland means 
the Commander, Coast Guard Sector Baltimore, Maryland or any Coast 
Guard commissioned, warrant, or petty officer 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 Chesapeake Bay, from the surface to the bottom, within 250 yards 
north of the north (westbound) span of the William P. Lane Jr. Memorial 
Bridge, and 250 yards south of the south (eastbound) span of the 
William P. Lane Jr. Memorial Bridge, from the western shore at Sandy 
Point to the eastern shore at Kent Island, Maryland.
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing security zones found in Sec.  165.33 of 
this part.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the Coast Guard 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 first Sunday in May from 7 a.m. to 5 p.m. local time.

    Dated: March 16, 2007.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E7-5718 Filed 3-27-07; 8:45 am]
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