Security Zone; Chesapeake Bay, Between Sandy Point and Kent Island, MD, 69514-69517 [E6-19677]
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Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Proposed Rules
rmajette on PROD1PC67 with PROPOSALS1
This does not preclude the possibility,
however, that unforeseen, intermittent
FMLA leave may be a significant
problem for some employers. The
unexpected absence of certain
employees may create problems in the
workplace. For example, an
unannounced absence can cause other
workers or equipment to be idled. An
unannounced absence can result in lost
business or performance penalties to be
imposed upon the employer. It is
noteworthy that the two industries with
the highest FMLA costs in the 2004
Employment Policy Foundation (‘‘EPF’’)
survey were transportation (an industry
which has performance penalties) and
telecommunications (an industry where
quality of service agreements are
common).30 Anecdotal reports also
indicate that some employers schedule
extra workers for some positions to
avoid the negative impacts of
unforeseen, intermittent leave.
• The Department also requests
comment on the impact that
unscheduled, intermittent leave has on
productivity and profits.
There is some indication that the use
of unscheduled, intermittent FMLA
leave is not evenly distributed across
employers or even across the facilities of
a given employer. Rather, it may be
concentrated in some facilities and only
becomes a problem for employers when
the portion of workers taking
unscheduled, intermittent FMLA leave
in a given facility or operation exceeds
some critical point.
Some believe that the apparent
concentration of workers taking
unscheduled, intermittent FMLA leave
may be due to poor management or
other labor-relations problems. Others
believe that as more and more workers
in a particular facility take unscheduled
leave, the likelihood that the remaining
workers will become sick or injured and
begin to take FMLA leave also increases.
See, e.g., Workers’ Compensation and
Family and Medical Leave Act Claim
Contagion.31
• The Department requests that
commenters submit information on the
concentration of workers taking
unscheduled, intermittent FMLA leave
in specific industries and employers.
30 Mulvey, Janemarie, ‘‘The Cost and
Characteristics of Family and Medical Leave,’’
Employment Policy Foundation Issue Backgrounder
(Apr. 19, 2005). But see Institute for Women’s
Policy Research, ‘‘Assessing the Family and
Medical Leave Act: An Analysis of an Employment
Policy Foundation Paper on Costs (June 29, 2005).
31 Gardner, Harold H., Kleinman, Nathan L., and
Butler, Richard J., Workers’ Compensation and
Family and Medical Leave Act Claim Contagion,
Journal of Risk and Uncertainty, Volume 20, Jan.
2000, at 89–112.
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• The Department requests that
commenters submit information on the
factors contributing to large portions of
the work force in some facilities taking
unscheduled, intermittent FMLA leave.
Finally, the problems associated with
employees taking unscheduled,
intermittent FMLA leave may be related
to the salaried or hourly-pay status of
the employees. Anecdotal reports
indicate that employers do not appear to
have problems when workers who are
salaried and exempt from the Fair Labor
Standards Act (‘‘FLSA’’) under 29 CFR
part 541 take small blocks of
unscheduled, intermittent FMLA leave
so long as these workers complete their
work. In fact, some employers may not
even record absences of a couple hours
or less because of the scheduling
flexibility typically afforded to salaried
workers, and because the absences often
have no impact on such workers’ pay or
productivity. Employers report they
have both administrative and
production problems when non-exempt
(typically hourly-paid) workers take
unscheduled, intermittent FMLA leave,
especially when these workers do not
notify their employers that they are not
coming to work at their scheduled
reporting time. Unlike salaried
employees, many non-exempt
employees may not be paid when they
take unscheduled, intermittent FMLA
leave.
• The Department requests that
commenters submit information related
to the different treatment of FLSA
exempt and nonexempt employees
taking unscheduled, intermittent FMLA
leave.
• The Department also requests
information on the different impact the
leave taking by FLSA exempt and
nonexempt employees may have on the
workers who are taking leave and their
employers.
I. Additional Questions Related to the
Coverage Estimates and Their Impacts
• The Department requests public
comment on the estimates and the
methodology used to produce these
estimates, including any available
information that can be used to improve
the estimates of the impact that FMLA
leave has on employers and employees.
IV. Conclusion
The Department invites interested
parties having knowledge of the FMLA
to submit comments and welcomes any
pertinent information that will provide
a basis for ascertaining the effectiveness
of the current implementing regulations
and the Department’s administration of
the Act. The issues posed in this notice
are not meant to be an exclusive list of
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issues for which the Department seeks
commentary.
Victoria A. Lipnic,
Assistant Secretary for Employment
Standards.
Paul DeCamp,
Administrator, Wage and Hour Division.
[FR Doc. 06–9489 Filed 11–30–06; 8:45 am]
BILLING CODE 4510–27–P
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is proposing
to establish 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: Comments and related material
must reach the Coast Guard on or before
March 1, 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.
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Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Proposed Rules
Mr.
Ronald Houck, at Coast Guard Sector
Baltimore, Waterways Management
Division, at telephone number (410)
576–2674 or (410) 576–2693.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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 (CGD05–06–104),
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 81⁄2 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
comments and material received during
the comment period. We may change
this proposed rule in view of them.
rmajette on PROD1PC67 with PROPOSALS1
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
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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 proposes to
establish a security zone upon all waters
of the Chesapeake Bay, 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. 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 Proposed Rule
Each spring on the first Sunday in
May, the Maryland Transportation
Authority closes the eastbound span of
the William P. Lane Jr. Memorial Bridge
(also known as the Chesapeake Bay
Bridge) to vehicular traffic to allow
pedestrians to participate in the 4.3-mile
Bay Bridge Walk across the bridge. The
event takes place from Sandy Point
State Park in Anne Arundel County,
Maryland at 9 a.m. local time and
consists of an estimated 50,000
participants walking across the
Chesapeake Bay Bridge to Kent Island,
in Queen Anne’s County, Maryland. The
Bay Bridge Walk will be canceled in the
event of rain, high winds or extreme
weather. Vessels underway at the time
this security zone is enforced will
immediately proceed out of the zone.
We will issue Broadcast Notices to
Mariners to further publicize the
security zone. This security zone is
necessary to prevent vessels or persons
from entering or remaining in the waters
of the Chesapeake Bay 250 yards from
each span of the William P. Lane Jr.
Memorial Bridge.
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
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69515
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 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 hardships
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.
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 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 transiting through the
security zone without loitering may be
permitted to do so, and those with
compelling interests that outweigh the
port’s security needs may be granted
waivers from the requirements of the
security zone. Before the effective
period, we would issue maritime
advisories widely available to users of
the Chesapeake Bay.
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,
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Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Proposed Rules
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 (Public Law 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.
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 would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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.
Federalism
Energy Effects
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.
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.
Collection of Information
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.
rmajette on PROD1PC67 with PROPOSALS1
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.
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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
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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. 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 § 165.507 to read as follows:
§ 165.507 Security Zone; Chesapeake Bay,
between Sandy Point and Kent Island, MD.
(a) Definitions. (1) 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
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Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Proposed Rules
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 § 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: November 6, 2006.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Baltimore, Maryland.
[FR Doc. E6–19677 Filed 11–30–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
rmajette on PROD1PC67 with PROPOSALS1
[CGD05–06–105]
RIN 1625–AA87
Security Zone; Georgetown Channel,
Potomac River, Washington, DC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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SUMMARY: The Coast Guard proposes to
establish a permanent security zone on
the waters of the upper Potomac River.
This action is necessary to provide for
the security of a large number of visitors
to the annual July 4th celebration on the
National Mall in Washington, DC. The
security zone will allow for control of a
designated area of the river and
safeguard spectators and high-ranking
officials.
DATES: Comments and related material
must reach the Coast Guard on or before
March 1, 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:
69517
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 separate notice in the
Federal Register.
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 (CGD05–06–105),
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 81⁄2 by 11 inches,
suitable for copying. If you would like
to know that your submission reached
us, please enclose a stamped, selfaddressed postcard or envelope. We will
consider all comments and material
received during the comment period.
We may change this proposed rule in
view of them.
Background and Purpose
Due to increased awareness that
future terrorist attacks are possible,
including continued threats against U.S.
interests by Al-Queda and other terrorist
organizations, 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, and to take steps to prevent
the catastrophic impact that a terrorist
attack against a large number of
spectators and high-ranking officials
during the annual July 4th celebration
would have on the public interest, the
Coast Guard is proposing to establish a
security zone upon all waters of the
Georgetown Channel of the Potomac
River, from the surface to the bottom, 75
yards from the eastern shore measured
perpendicularly to the shore, between
the Long Railroad Bridge (the most
eastern bridge of the 5-span, Fourteenth
Street Bridge Complex) to the Theodore
Roosevelt Memorial Bridge and all
waters in between, totally including the
waters of the Georgetown Channel Tidal
Basin. This security zone will help the
Coast Guard to prevent vessels or
persons from engaging in terrorist
actions against a large number of
spectators and high-ranking officials
during the annual July 4th celebration.
Due to these heightened security
concerns, and the catastrophic impact a
terrorist attack on the National Mall in
Washington, DC during the annual July
4th celebration would have on the large
number of spectators and high-ranking
officials, as well as the surrounding area
and communities, a security zone is
prudent for this type of event.
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
Discussion of Proposed Rule
It is very likely that hundreds of
thousands of visitors will attend the July
4th celebration on the National Mall in
Washington, DC. The Captain of the
Port, Baltimore, Maryland proposes to
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]]>Agencies
[Federal Register Volume 71, Number 231 (Friday, December 1, 2006)]
[Proposed Rules]
[Pages 69514-69517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19677]
=======================================================================
-----------------------------------------------------------------------
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: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish 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: Comments and related material must reach the Coast Guard on or
before March 1, 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.
[[Page 69515]]
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-
104), 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 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 a large number of participants during the annual Bay Bridge
Walk would have on the public interest, the Captain of the Port,
Baltimore, Maryland proposes to establish a security zone upon all
waters of the Chesapeake Bay, 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. 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 Proposed Rule
Each spring on the first Sunday in May, the Maryland Transportation
Authority closes the eastbound span of the William P. Lane Jr. Memorial
Bridge (also known as the Chesapeake Bay Bridge) to vehicular traffic
to allow pedestrians to participate in the 4.3-mile Bay Bridge Walk
across the bridge. The event takes place from Sandy Point State Park in
Anne Arundel County, Maryland at 9 a.m. local time and consists of an
estimated 50,000 participants walking across the Chesapeake Bay Bridge
to Kent Island, in Queen Anne's County, Maryland. The Bay Bridge Walk
will be canceled in the event of rain, high winds or extreme weather.
Vessels underway at the time this security zone is enforced will
immediately proceed out of the zone. We will issue Broadcast Notices to
Mariners to further publicize the security zone. This security zone is
necessary to prevent vessels or persons from entering or remaining in
the waters of the Chesapeake Bay 250 yards from each span of the
William P. Lane Jr. Memorial Bridge.
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 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 hardships 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.
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 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
transiting through the security zone without loitering may be permitted
to do so, and those with compelling interests that outweigh the port's
security needs may be granted waivers from the requirements of the
security zone. Before the effective period, we would issue maritime
advisories widely available to users of the Chesapeake Bay.
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,
[[Page 69516]]
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 (Public Law 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. 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. 165.507 to read as follows:
Sec. 165.507 Security Zone; Chesapeake Bay, between Sandy Point and
Kent Island, MD.
(a) Definitions. (1) 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
[[Page 69517]]
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: November 6, 2006.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore,
Maryland.
[FR Doc. E6-19677 Filed 11-30-06; 8:45 am]
BILLING CODE 4910-15-P
