Security Zone; Choptank River, Cambridge, MD, 78363-78365 [E6-22441]
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Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 50 U.S.C.
191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6,
and 160.5.; Department of Homeland
Security Delegation No. 0170; 46 U.S.C.
Chapter 701; Pub. L. 107–295, 116 Stat. 2064.
2. Add Temporary § 165.T05–123, to
read as follows:
I
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(a) Location: The following area is a
safety zone: All waters of the Cape Fear
River from COLREGS Demarcation Line
drawn from Oak Island Light House to
Bald Head Island Abandon Light House
noted on NOAA chart 11537 and
proceeding north up the Cape Fear River
bank to bank to the Cape Fear Memorial
Bridge, in the Captain of the Port Cape
Fear River, Wilmington North Carolina
zone as defined in 33 CFR § 3.25–20.
(b) Definition: As used in this section;
Captain of the Port: means any U.S.
Coast Guard commissioned, warrant or
petty officer who has been authorized
by the Captain of the Port, Cape Fear
River, Wilmington, North Carolina to act
on his behalf.
(c) Regulation: (1) In accordance with
the general regulations in 165.23 of this
part, entry into this zone is prohibited
unless authorized by the Captain of the
Port, Cape Fear River, Wilmington,
North Carolina, or designated
representative.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on board a vessel displaying a U.S.
Coast Guard Ensign.
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on board a vessel displaying a U.S.
Coast Guard Ensign.
(3) The Captain of the Port, Cape Fear
River Wilmington, North Carolina can
be contacted at telephone number (910)
772–2191/94 or (910) 512–5830/31.
(4) Coast Guard vessels enforcing the
safety zone can be contacted on VHF–
FM marine band radio, channel 13
(156.65 MHz) and channel 16 (156.8
MHz).
(d) Enforcement period: The zone will
be enforced for approximately five (5) to
seven (7) hours on a day between
February 1 and February 15 when the
transit of the vessel carrying four large
industrial cranes occurs. If the transit
occurs as planned on a day during this
period, then the zone will not be
13:55 Dec 28, 2006
Jkt 211001
Dated: December 18, 2006.
Byron L. Black,
Commander, U.S. Coast Guard, Captain of
the Port, Cape Fear River, Wilmington, North
Carolina.
[FR Doc. E6–22440 Filed 12–28–06; 8:45 am]
BILLING CODE 4910–15–P
§ 165.T05–123 Safety Zone: Cape Fear
River, Wilmington, North Carolina.
VerDate Aug<31>2005
enforced on subsequent days during the
duration of the effective period.
(e) Effective Date: This regulation is
effective from 1 a.m. on February 1,
2007 until 11 p.m. on February 15,
2007.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD05–06–121]
RIN 1625–AA00
Security Zone; Choptank River,
Cambridge, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary security zone
encompassing certain waters of the
Choptank River. This action is necessary
to ensure the safety of persons and
property, and prevent terrorist acts or
incidents during the U.S. House
Republican Issues Conference, being
held during January 24–26, 2007. This
rule prohibits vessels and people from
entering the security zone and requires
vessels and persons in the security zone
to depart the security zone, unless
specifically exempt under the
provisions in this rule or granted
specific permission from the Coast
Guard Captain of the Port Baltimore.
DATES: This rule is effective from 7 a.m.
on January 24, 2007, through 7 a.m. on
January 27, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD05–06–
121 and are available for inspection or
copying at Commander, Coast Guard
Sector Baltimore, 2401 Hawkins Point
Road, Baltimore, Maryland 21226–1791,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Ronald Houck, Waterways Management
Division, at Commander, Coast Guard
Sector Baltimore, 2401 Hawkins Point
Road, Baltimore, Maryland 21226–1791,
telephone number (410) 576–2674.
SUPPLEMENTARY INFORMATION:
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78363
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM and for
making this rule effective less than 30
days after publication in the Federal
Register. The Coast Guard is
establishing this security zone to
support the United States Capitol Police
Dignitary Protection Division, the lead
federal agency coordinating security for
the U.S. House Republican Issues
Conference, in their efforts to coordinate
security operations and establish a
secure environment for this highly
visible and publicized event. This
temporary security zone of short
duration is necessary to provide for the
security of a large gathering of highranking United States officials, their
families and staff. Additionally, the
publication of an NPRM is contrary to
the public interest as our Nation
continues its heightened security
posture. Therefore, immediate action is
required to address the ongoing threat to
U.S. national interests.
For the same reasons, 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. The
measures contemplated by the rule are
intended to protect the public by
preventing waterborne acts of terrorism,
which terrorists have demonstrated a
capability to carry out. Immediate action
is needed to defend against and deter
these terrorist acts. Any delay in the
effective date of this rule is contrary to
public and national interests.
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 Coast Guard Captain of the Port
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
E:\FR\FM\29DER1.SGM
29DER1
78364
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations
waterfront facilities against sabotage or
terrorist attacks.
The Captain of the Port Baltimore is
establishing a security zone to address
the aforementioned security concerns
and to take steps to prevent the
catastrophic impact that a terrorist
attack against a large gathering of highranking United States officials, their
families, and staff at or near the Hyatt
Regency Chesapeake Bay Golf Resort,
Spa and Marina, in Cambridge,
Maryland, would have. This temporary
security zone applies to all waters of the
Choptank River, within 500 yards of the
resort’s River Marsh Marina Breakwater
Pavilion, in approximate position
latitude 38°33.76′ N longitude
076°02.75′ W (North American Datum of
1983). Vessels underway at the time this
security zone is implemented will
immediately proceed out of the zone.
We will issue written and broadcast
Notices to Mariners to further publicize
the security zone and any revisions to
the zone.
Except for Public vessels and vessels
at berth, mooring or at anchor, this rule
temporarily requires all vessels in the
designated security zone as defined by
this rule to depart the security zone.
rmajette on PROD1PC72 with RULES
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. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
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.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to operate, transit or
anchor on the Choptank River, within
500 yards of the Hyatt Regency
VerDate Aug<31>2005
13:55 Dec 28, 2006
Jkt 211001
Chesapeake Bay Golf Resort, Spa and
Marina’s Breakwater Pavilion, in
approximate position latitude 38°33.76′
N longitude 076°02.75′ W (North
American Datum of 1983) from 7 a.m.
on January 24, 2007 through 7 a.m. on
January 27, 2007. This security zone
will not have a significant economic
impact on a substantial number of small
entities due to its limited size, vessels
requiring to transit the federal
navigation channel will be able to do so,
and a lack of seasonal vessel traffic
associated with recreational boating and
commercial fishing during the effective
period. Further, vessels with compelling
interests that outweigh the port’s
security needs may be granted waivers
from the requirements of the security
zone.
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. If your small business or
organization would be affected by this
final rule and you have questions
concerning its provisions or options for
compliance, please contact one of the
points of contact listed under FOR
FURTHER INFORMATION CONTACT.
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).
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.
PO 00000
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Fmt 4700
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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
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
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Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations
require a Statement of Energy Effects
under Executive Order 13211.
I
2. Add temporary § 165.T05–121 to
read as follows:
Technical Standards
§ 165.T05–121 Security Zone; Choptank
River, Cambridge, MD.
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 rule
establishes a security zone.
Under figure 2–1, paragraph (34)(g), of
the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are available
in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Vessels, Waterways.
I 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
1. The authority citation for part 165
continues to read as follows:
rmajette on PROD1PC72 with RULES
I
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.
VerDate Aug<31>2005
13:55 Dec 28, 2006
Jkt 211001
(a) Definitions. For the purposes of
this section, Captain of the Port
Baltimore means the Commander, U.S.
Coast Guard sector Baltimore, Maryland
and any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Commander, U.S.
Coast Guard Sector Baltimore, Maryland
to act as a designated representative on
his behalf.
(b) Location. The following area is a
security zone: All waters of the
Choptank River, within 500 yards of the
Hyatt Regency Chesapeake Bay Golf
Resort, Spa and Marina’s Breakwater
Pavilion, in approximate position
latitude 38° 33.76′ N longitude 076°
02.75′ W (North American Datum of
1983).
(c) Regulations. (1) The general
regulations governing security zones
found in § 165.33 of this part 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 Coast Guard Captain of the Port
Baltimore or his designated
representative. Except for Public vessels
and vessels at berth, mooring or at
anchor, all vessels in this zone are to
depart the security zone.
(3) Persons desiring to transit the area
of the security zone must first obtain
authorization from the Captain of the
Port Baltimore. To seek permission to
transit the area, the Captain of the Port
Baltimore can be contacted at telephone
number (410) 576–2693. The Coast
Guard vessels enforcing this section can
be contacted on Marine Band Radio,
VHF–FM 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 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 from 7 a.m. on January
24, 2007, through 7 a.m. on January 27,
2007.
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78365
Dated: December 18, 2006.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the
Port, Baltimore, Maryland.
[FR Doc. E6–22441 Filed 12–28–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP JACKSONVILLE 06–276]
RIN 1625–AA87
Security Zones; Escorted Vessels in
the Captain of the Port Jacksonville
Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
temporarily establishing security zones
around any vessel escorted by one or
more Coast Guard, State, or local law
enforcement assets within the Captain
of the Port Zone Jacksonville, FL. No
vessel or person is allowed within 100
yards of an escorted vessel, while
within the navigable waters of the
Captain of the Port Zone, Jacksonville,
FL, unless authorized by the Captain of
the Port Jacksonville, FL or designated
representative. Additionally, all vessels
within 500 yards of an escorted vessel
in the Captain of the Port Zone
Jacksonville, FL will be required to
operate at a minimum speed necessary
to maintain a safe course. This action is
necessary to protect personnel, vessels,
and facilities from sabotage or other
subversive acts, accidents, or other
events of a similar nature while we
undertake a separate, notice-andcomment rulemaking to establish a
permanent security zone for escorted
vessels in the COTP Jacksonville Zone.
DATES: This rule is effective from
December 7, 2006, through April 1,
2007.
Documents indicated in this
preamble as being available in the
docket, are part of docket (COTP
Jacksonville 06–276) and are available
for inspection or copying at Coast Guard
Sector Jacksonville Prevention
Department, 7820 Arlington
Expressway, Suite 400, Jacksonville, FL
32211, between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Ensign Kira Peterson at Coast Guard
Sector Jacksonville Prevention
ADDRESSES:
E:\FR\FM\29DER1.SGM
29DER1
Agencies
[Federal Register Volume 71, Number 250 (Friday, December 29, 2006)]
[Rules and Regulations]
[Pages 78363-78365]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22441]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-06-121]
RIN 1625-AA00
Security Zone; Choptank River, Cambridge, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone
encompassing certain waters of the Choptank River. This action is
necessary to ensure the safety of persons and property, and prevent
terrorist acts or incidents during the U.S. House Republican Issues
Conference, being held during January 24-26, 2007. This rule prohibits
vessels and people from entering the security zone and requires vessels
and persons in the security zone to depart the security zone, unless
specifically exempt under the provisions in this rule or granted
specific permission from the Coast Guard Captain of the Port Baltimore.
DATES: This rule is effective from 7 a.m. on January 24, 2007, through
7 a.m. on January 27, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-06-121 and are available for
inspection or copying at Commander, Coast Guard Sector Baltimore, 2401
Hawkins Point Road, Baltimore, Maryland 21226-1791, between 9 a.m. and
4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, Waterways Management
Division, at Commander, Coast Guard Sector Baltimore, 2401 Hawkins
Point Road, Baltimore, Maryland 21226-1791, telephone number (410) 576-
2674.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM and for making this rule
effective less than 30 days after publication in the Federal Register.
The Coast Guard is establishing this security zone to support the
United States Capitol Police Dignitary Protection Division, the lead
federal agency coordinating security for the U.S. House Republican
Issues Conference, in their efforts to coordinate security operations
and establish a secure environment for this highly visible and
publicized event. This temporary security zone of short duration is
necessary to provide for the security of a large gathering of high-
ranking United States officials, their families and staff.
Additionally, the publication of an NPRM is contrary to the public
interest as our Nation continues its heightened security posture.
Therefore, immediate action is required to address the ongoing threat
to U.S. national interests.
For the same reasons, 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. The measures
contemplated by the rule are intended to protect the public by
preventing waterborne acts of terrorism, which terrorists have
demonstrated a capability to carry out. Immediate action is needed to
defend against and deter these terrorist acts. Any delay in the
effective date of this rule is contrary to public and national
interests.
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 Coast Guard Captain
of the Port 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
[[Page 78364]]
waterfront facilities against sabotage or terrorist attacks.
The Captain of the Port Baltimore is establishing a security zone
to address the aforementioned security concerns and to take steps to
prevent the catastrophic impact that a terrorist attack against a large
gathering of high-ranking United States officials, their families, and
staff at or near the Hyatt Regency Chesapeake Bay Golf Resort, Spa and
Marina, in Cambridge, Maryland, would have. This temporary security
zone applies to all waters of the Choptank River, within 500 yards of
the resort's River Marsh Marina Breakwater Pavilion, in approximate
position latitude 38[deg]33.76' N longitude 076[deg]02.75' W (North
American Datum of 1983). Vessels underway at the time this security
zone is implemented will immediately proceed out of the zone. We will
issue written and broadcast Notices to Mariners to further publicize
the security zone and any revisions to the zone.
Except for Public vessels and vessels at berth, mooring or at
anchor, this rule temporarily requires all vessels in the designated
security zone as defined by this rule to depart the security zone.
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
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. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
operate, transit or anchor on the Choptank River, within 500 yards of
the Hyatt Regency Chesapeake Bay Golf Resort, Spa and Marina's
Breakwater Pavilion, in approximate position latitude 38[deg]33.76' N
longitude 076[deg]02.75' W (North American Datum of 1983) from 7 a.m.
on January 24, 2007 through 7 a.m. on January 27, 2007. This security
zone will not have a significant economic impact on a substantial
number of small entities due to its limited size, vessels requiring to
transit the federal navigation channel will be able to do so, and a
lack of seasonal vessel traffic associated with recreational boating
and commercial fishing during the effective period. Further, vessels
with compelling interests that outweigh the port's security needs may
be granted waivers from the requirements of the security zone.
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. If your
small business or organization would be affected by this final rule and
you have questions concerning its provisions or options for compliance,
please contact one of the points of contact listed under FOR FURTHER
INFORMATION CONTACT.
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).
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 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
[[Page 78365]]
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 rule establishes a security zone.
Under figure 2-1, paragraph (34)(g), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are available in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Vessels, 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 temporary Sec. 165.T05-121 to read as follows:
Sec. 165.T05-121 Security Zone; Choptank River, Cambridge, MD.
(a) Definitions. For the purposes of this section, Captain of the
Port Baltimore means the Commander, U.S. Coast Guard sector Baltimore,
Maryland and any Coast Guard commissioned, warrant, or petty officer
who has been authorized by the Commander, U.S. Coast Guard Sector
Baltimore, Maryland to act as a designated representative on his
behalf.
(b) Location. The following area is a security zone: All waters of
the Choptank River, within 500 yards of the Hyatt Regency Chesapeake
Bay Golf Resort, Spa and Marina's Breakwater Pavilion, in approximate
position latitude 38[deg] 33.76' N longitude 076[deg] 02.75' W (North
American Datum of 1983).
(c) Regulations. (1) The general regulations governing security
zones found in Sec. 165.33 of this part 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 Coast Guard Captain of the Port Baltimore or his
designated representative. Except for Public vessels and vessels at
berth, mooring or at anchor, all vessels in this zone are to depart the
security zone.
(3) Persons desiring to transit the area of the security zone must
first obtain authorization from the Captain of the Port Baltimore. To
seek permission to transit the area, the Captain of the Port Baltimore
can be contacted at telephone number (410) 576-2693. The Coast Guard
vessels enforcing this section can be contacted on Marine Band Radio,
VHF-FM 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 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 from 7 a.m.
on January 24, 2007, through 7 a.m. on January 27, 2007.
Dated: December 18, 2006.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E6-22441 Filed 12-28-06; 8:45 am]
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