Security Zone; Severn River and College Creek, Annapolis, MD, 6512-6515 [E7-2334]
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Federal Register / Vol. 72, No. 28 / Monday, February 12, 2007 / Proposed Rules
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.
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Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD and Department of
Homeland Security Management
Directive 5100.1, which guides 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)(h), of the Instruction, from further
environmental documentation. Special
local regulations issued in conjunction
with a regatta or marine event permit
are specifically excluded from further
analysis and documentation under that
section.
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Under figure 2–1, paragraph (34)(h),
of the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule. Comments on this
section will be considered before we
make the final decision on whether to
categorically exclude this rule from
further environmental review.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1.
2. In § 100.527, from 7 a.m. to 5 p.m.
on April 21, 2007,suspend paragraph
(d).
3. In § 100.527, from 7 a.m. to 5 p.m.
on April 21, 2007, add a new paragraph
(d) to read as follows:
§ 100.527 St. Mary’s River, St. Mary’s City,
Maryland.
*
*
*
*
*
(d) Enforcement period. This section
will be enforced from 7 a.m. to 5 p.m.
on April 21, 2007. A notice of
enforcement of this section will be
disseminated through the Fifth Coast
Guard District Local Notice to Mariners
announcing the specific event date and
times. Notice will also be made via
marine Safety Radio Broadcast on VHF–
FM marine band radio channel 22
(157.1 MHz).
*
*
*
*
*
Dated: January 25, 2007,
Larry L. Hereth,
Rear Admiral, U. S. Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. E7–2231 Filed 2–9–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD05–06–112]
RIN 1625–AA87
Security Zone; Severn River and
College Creek, Annapolis, MD
AGENCY:
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ACTION:
Notice of proposed rulemaking.
SUMMARY: The Coast Guard is proposing
to establish a permanent security zone
on certain waters of the Severn River
and College Creek in Maryland. This
action is necessary in order to ensure
the security of high-ranking public
officials and safeguard the public at
large against terrorist acts or incidents
during the U.S. Naval Academy
graduation ceremony, held annually on
the Friday before the Memorial Day
holiday in May. This rule prohibits
vessels and people from entering the
security zone and requires vessels and
persons in the security zone to depart
the zone, unless specifically exempt
under the provisions in this rule or
granted specific permission from the
Coast Guard Captain of the Port of
Baltimore.
DATES: Comments and related material
must reach the Coast Guard on or before
April 13, 2007.
ADDRESSES: You may mail comments
and related material to Commander,
Coast Guard Sector Baltimore, 2401
Hawkins Point Road, Building 70,
Waterways Management Division,
Baltimore, Maryland 21226–1791. Coast
Guard Sector Baltimore, Waterways
Management Division, maintains the
public docket for this rulemaking.
Comments and material received from
the public, as well as documents
indicated in this preamble as being
available in the docket, will become part
of this docket and will be available for
inspection or copying at Coast Guard
Sector Baltimore, Waterways
Management Division, between 8 a.m.
and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Ronald Houck, at Coast Guard Sector
Baltimore, Waterways Management
Division, at telephone number (410)
576–2674 or (410) 576–2693.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD05–06–112),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 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
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comments and material received during
the comment period. We may change
this proposed rule in view of them.
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Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to Coast Guard
Sector Baltimore, Waterways
Management Division, at the address
under ADDRESSES explaining why one
would be beneficial. If we determine
that one would aid this rulemaking, we
will hold one at a time and place
announced by a later notice in the
Federal Register.
Background and Purpose
The ongoing hostilities in Afghanistan
and Iraq have made it prudent for U.S.
ports and waterways to be on a higher
state of alert because the al Qaeda
organization and other similar
organizations have declared an ongoing
intention to conduct armed attacks on
U.S. interests worldwide. Due to
increased awareness that future terrorist
attacks are possible, the Coast Guard, as
lead federal agency for maritime
homeland security, has determined that
the Captain of the Port Baltimore must
have the means to be aware of, deter,
detect, intercept, and respond to
asymmetric threats, acts of aggression,
and attacks by terrorists on the
American homeland while still
maintaining our freedoms and
sustaining the flow of commerce. This
security zone is part of a comprehensive
port security regime designed to
safeguard human life, vessels, and
waterfront facilities against sabotage or
terrorist attacks.
In this particular rulemaking, to
address the aforementioned security
concerns during the highly-publicized
public event, and to take steps to
prevent the catastrophic impact that a
terrorist attack against high-ranking
public officials and the public at large
during the annual U.S. Naval Academy
graduation ceremony would have on the
public interest, the Captain of the Port,
Baltimore, Maryland proposes to
establish a security zone upon all waters
of the Severn River, from shoreline to
shoreline, bounded by a line drawn
from Horseshoe Point, at 38°59′47.6″ N,
076°29′33.2″ W; eastward across the
Severn River to a point located at
39°00′01.5″ N, 076°29′08.5″ W; and a
line drawn from Biemans Point, at
38°59′14.4″ N, 076°28′30.1″ W;
westward across the Severn River to a
point 38°59′03.5″ N, 076°28′50.0″ W;
located on the Naval Academy
waterfront. This security zone includes
the waters of College Creek eastward of
the King George Street Bridge. This
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security zone would help the Coast
Guard to prevent vessels or persons
from engaging in terrorist actions
against a large number of participants
during the event. Due to these
heightened security concerns, and the
catastrophic impact a terrorist attack on
the U.S. Naval Academy during its
annual graduation ceremony would
have on the large number of
participants, and the surrounding area
and communities, a security zone is
prudent for this type of event.
Discussion of Proposed Rule
Each spring, on the Friday before the
Memorial Day holiday in May, the U.S.
Naval Academy conducts an outdoor
graduation ceremony. The
commencement takes place at 10 a.m.
local time and is attended by highranking officials of the United States
and over 30,000 participants and guests
on the Naval Academy grounds, in
Annapolis, Anne Arundel County,
Maryland. The event is held indoors in
the event of inclement weather.
This security zone is necessary to
prevent vessels or persons on
designated waters of the Severn River,
between Horseshoe Point and Biemans
Point, and all waters of College Creek
eastward of the King George Street
Bridge, from approaching the Naval
Academy and thereby bypassing the
security measures for the event
established by the United States Secret
Service and Naval Support Activity
Annapolis. Marine vessel travel in the
area of the Naval Academy Bridge in the
Severn River and College Creek would
be restricted. The area affected covers
nearly 2000 yards of the Severn River’s
length.
Except for Public vessels and vessels
at berth, mooring or at anchor, this rule
would require all vessels in the
designated security zone, as defined by
this rule, underway at the time this
security zone is implemented to
immediately proceed out of the security
zone. We would issue Broadcast Notices
to Mariners to further publicize the
security zone and any revisions to the
zone. Entry into or remaining in this
zone would be prohibited unless
authorized by the Coast Guard Captain
of the Port, Baltimore, Maryland.
Regulatory Evaluation
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order. It is not
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‘‘significant’’ under the regulatory
policies and procedures of the
Department of Homeland Security
(DHS).
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
The operational restrictions of the
security zone are tailored to provide the
minimal disruption of vessel operations
necessary to provide immediate,
improved security for persons, vessels,
and designated waters of the Severn
River, between Horseshoe Point and
Biemans Point, and all waters of College
Creek eastward of the King George
Street Bridge, located in Annapolis,
Maryland. Additionally, this security
zone is temporary in nature any
hardships experienced by persons or
vessels are outweighed by the national
interest in protecting high-ranking
officials of the United States and the
public at large from the devastating
consequences of acts of terrorism, and
from sabotage or other subversive acts,
accidents, or other causes of a similar
nature.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities: The owners or operators of
vessels intending to operate, remain or
anchor on the Severn River, between
Horseshoe Point and Biemans Point,
and on College Creek, eastward of the
King George Street Bridge, from 7:30
a.m. to 2 p.m. annually on the Friday
before the Memorial Day holiday in
May. This security zone would not have
a significant economic impact on a
substantial number of small entities due
to the limited duration of the
enforcement of this regulation and
during these limited enforcement
periods vessels may seek permission of
the Captain of the Port, Baltimore, to
enter and transit the zone. Before the
effective period, we would issue
maritime advisories widely available to
users of the Severn River and College
Creek.
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Federal Register / Vol. 72, No. 28 / Monday, February 12, 2007 / Proposed Rules
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Mr. Ronald
L. Houck, at Coast Guard Sector
Baltimore, Waterways Management
Branch, at telephone number (410) 576–
2674. The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
jlentini on PROD1PC65 with PROPOSAL
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
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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
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operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD and Department of
Homeland Security Management
Directive 5100.1, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that there are no factors in this case that
would limit the use of a categorical
exclusion under section 2.B.2 of the
Instruction. Therefore, we believe that
this rule should be categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation because
this rulemaking is a security zone less
than one week in duration. A draft
‘‘Environmental Analysis Check List’’
and a draft ‘‘Categorical Exclusion
Determination’’ (CED) are available in
the docket where indicated under
ADDRESSES. Comments on this section
will be considered before we make the
final decision on whether the rule
should be categorically excluded from
further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.509 to read as follows:
§ 165.509 Security Zone; Severn River and
College Creek, Annapolis, MD.
(a) Definitions. For purposes of this
section, the Captain of the Port,
Baltimore, Maryland means the
Commander, Coast Guard Sector
Baltimore, Maryland or any Coast Guard
commissioned, warrant, or petty officer
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who has been authorized by the Captain
of the Port, Baltimore, Maryland to act
on his or her behalf.
(b) Location. The following area is a
security zone: All waters of the Severn
River, from shoreline to shoreline,
bounded by a line drawn from
Horseshoe Point, at 38°59′47.6″ N,
076°29′33.2″ W; eastward across the
Severn river to a point located at
39°00′01.5″ N; 076°29′08.5″ W; and a
line drawn from Biemans Point, at
38°59′14.4″ N, 076°28′30.1″ W;
westward across the Severn River to a
point 38°59′03.5″ N, 076°28′50.0″ W;
located on the Naval Academy
waterfront. This security zone includes
the waters of College Creek eastward of
the King George Street Bridge (NAD
1983).
(c) Regulations. (1) The general
regulations governing security zones
found in § 165.33 apply to the security
zone described in paragraph (b) of this
section.
(2) Entry into or remaining in this
zone is prohibited unless authorized by
the Captain of the Port, Baltimore,
Maryland.
(3) Persons or vessels requiring entry
into or passage through the security
zone must first request authorization
from the Captain of the Port, Baltimore
to seek permission to transit the area.
The Captain of the Port, Baltimore,
Maryland can be contacted at telephone
number (410) 576–2693. The Coast
Guard vessels enforcing this section can
be contacted on VHF Marine Band
Radio, VHF channel 16 (156.8 MHz).
Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light, or other means, the operator of a
vessel shall proceed as directed. If
permission is granted, all persons and
vessels must comply with the
instructions of the Captain of the Port,
Baltimore, Maryland and proceed at the
minimum speed necessary to maintain a
safe course while within the zone.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(e) Enforcement period. This section
will be enforced annually on the Friday
before the Memorial Day holiday in May
from 7:30 a.m. to 2 p.m. local time.
Dated: January 29, 2007.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the
Port, Baltimore, Maryland.
[FR Doc. E7–2334 Filed 2–9–07; 8:45 am]
BILLING CODE 4910–15–P
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 204, 212, and 252
RIN 0750–AF55
Defense Federal Acquisition
Regulation Supplement; DoD
Representations and Certifications in
the Online Representations and
Certifications Application (DFARS
Case 2006–D032)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
AGENCY:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
address DoD-unique requirements
relating to the Online Representations
and Certifications Application (ORCA).
ORCA presently includes only
representations and certifications
required by the Federal Acquisition
Regulation, but is being revised to also
include those required by the DFARS.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before April
13, 2007, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2006–D032,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2006–D032 in the subject
line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations System, Attn: Ms. Felisha
Hitt, OUSD (AT&L) DPAP (DARS), IMD
3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Felisha Hitt, (703) 602–0310.
SUPPLEMENTARY INFORMATION:
A. Background
Subpart 4.12 of the Federal
Acquisition Regulation (FAR) requires
prospective contractors to complete
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6515
electronic annual representations and
certifications in ORCA, in conjunction
with required registration in the Central
Contractor Registration database. ORCA
presently includes only representations
and certifications required by the FAR,
but is being revised to also include
those required by the DFARS. This will
eliminate the need for offerors to submit
the same information to various DoD
offices in response to individual
solicitations.
Section 204.1202(2) of the proposed
rule lists the existing DFARS
representations and certifications that
will be included in ORCA. The DFARS
representations and certifications
implement DoD-unique statutory
requirements and trade agreements, and
contain special requirements applicable
to the significant number and various
types of defense contracts and
subcontracts performed outside the
United States.
The proposed rule contains a
substitute paragraph (c) for use with the
provision at FAR 52.204–8, Annual
Representations and Certifications, to
permit the inclusion of information
relating to both the FAR and the
DFARS. An offeror must include
information in paragraph (c) only if
changes to the offeror’s annual
representations and certifications apply
to a particular solicitation.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD has prepared an initial regulatory
flexibility analysis consistent with 5
U.S.C. 603. The analysis is summarized
as follows:
The objective of the rule is to provide
a centralized location for the
representation and certification
information required by the DFARS,
thereby eliminating the need for offerors
to submit the same information to
various DoD offices in response to
individual solicitations. The legal basis
for the rule is 41 U.S.C. 421. The rule
will apply to all entities registered in
the Central Contractor Registration
database. FAR 4.1102 requires that
prospective contractors be registered in
the database before the award of a
contract or agreement, with certain
exceptions. Administrative personnel
that have general knowledge of the
contractor’s business should be able to
enter the required information into the
database. The rule is expected to have
a positive impact on small business
concerns by reducing administrative
burdens.
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]]>Agencies
[Federal Register Volume 72, Number 28 (Monday, February 12, 2007)]
[Proposed Rules]
[Pages 6512-6515]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2334]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-06-112]
RIN 1625-AA87
Security Zone; Severn River and College Creek, Annapolis, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a permanent security
zone on certain waters of the Severn River and College Creek in
Maryland. This action is necessary in order to ensure the security of
high-ranking public officials and safeguard the public at large against
terrorist acts or incidents during the U.S. Naval Academy graduation
ceremony, held annually on the Friday before the Memorial Day holiday
in May. This rule prohibits vessels and people from entering the
security zone and requires vessels and persons in the security zone to
depart the zone, unless specifically exempt under the provisions in
this rule or granted specific permission from the Coast Guard Captain
of the Port of Baltimore.
DATES: Comments and related material must reach the Coast Guard on or
before April 13, 2007.
ADDRESSES: You may mail comments and related material to Commander,
Coast Guard Sector Baltimore, 2401 Hawkins Point Road, Building 70,
Waterways Management Division, Baltimore, Maryland 21226-1791. Coast
Guard Sector Baltimore, Waterways Management Division, maintains the
public docket for this rulemaking. Comments and material received from
the public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at Coast Guard Sector Baltimore,
Waterways Management Division, between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, at Coast Guard
Sector Baltimore, Waterways Management Division, at telephone number
(410) 576-2674 or (410) 576-2693.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-06-
112), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all
[[Page 6513]]
comments and material received during the comment period. We may change
this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Coast Guard Sector Baltimore,
Waterways Management Division, at the address under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
The ongoing hostilities in Afghanistan and Iraq have made it
prudent for U.S. ports and waterways to be on a higher state of alert
because the al Qaeda organization and other similar organizations have
declared an ongoing intention to conduct armed attacks on U.S.
interests worldwide. Due to increased awareness that future terrorist
attacks are possible, the Coast Guard, as lead federal agency for
maritime homeland security, has determined that the Captain of the Port
Baltimore must have the means to be aware of, deter, detect, intercept,
and respond to asymmetric threats, acts of aggression, and attacks by
terrorists on the American homeland while still maintaining our
freedoms and sustaining the flow of commerce. This security zone is
part of a comprehensive port security regime designed to safeguard
human life, vessels, and waterfront facilities against sabotage or
terrorist attacks.
In this particular rulemaking, to address the aforementioned
security concerns during the highly-publicized public event, and to
take steps to prevent the catastrophic impact that a terrorist attack
against high-ranking public officials and the public at large during
the annual U.S. Naval Academy graduation ceremony would have on the
public interest, the Captain of the Port, Baltimore, Maryland proposes
to establish a security zone upon all waters of the Severn River, from
shoreline to shoreline, bounded by a line drawn from Horseshoe Point,
at 38[deg]59'47.6'' N, 076[deg]29'33.2'' W; eastward across the Severn
River to a point located at 39[deg]00'01.5'' N, 076[deg]29'08.5'' W;
and a line drawn from Biemans Point, at 38[deg]59'14.4'' N,
076[deg]28'30.1'' W; westward across the Severn River to a point
38[deg]59'03.5'' N, 076[deg]28'50.0'' W; located on the Naval Academy
waterfront. This security zone includes the waters of College Creek
eastward of the King George Street Bridge. This security zone would
help the Coast Guard to prevent vessels or persons from engaging in
terrorist actions against a large number of participants during the
event. Due to these heightened security concerns, and the catastrophic
impact a terrorist attack on the U.S. Naval Academy during its annual
graduation ceremony would have on the large number of participants, and
the surrounding area and communities, a security zone is prudent for
this type of event.
Discussion of Proposed Rule
Each spring, on the Friday before the Memorial Day holiday in May,
the U.S. Naval Academy conducts an outdoor graduation ceremony. The
commencement takes place at 10 a.m. local time and is attended by high-
ranking officials of the United States and over 30,000 participants and
guests on the Naval Academy grounds, in Annapolis, Anne Arundel County,
Maryland. The event is held indoors in the event of inclement weather.
This security zone is necessary to prevent vessels or persons on
designated waters of the Severn River, between Horseshoe Point and
Biemans Point, and all waters of College Creek eastward of the King
George Street Bridge, from approaching the Naval Academy and thereby
bypassing the security measures for the event established by the United
States Secret Service and Naval Support Activity Annapolis. Marine
vessel travel in the area of the Naval Academy Bridge in the Severn
River and College Creek would be restricted. The area affected covers
nearly 2000 yards of the Severn River's length.
Except for Public vessels and vessels at berth, mooring or at
anchor, this rule would require all vessels in the designated security
zone, as defined by this rule, underway at the time this security zone
is implemented to immediately proceed out of the security zone. We
would issue Broadcast Notices to Mariners to further publicize the
security zone and any revisions to the zone. Entry into or remaining in
this zone would be prohibited unless authorized by the Coast Guard
Captain of the Port, Baltimore, Maryland.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
The operational restrictions of the security zone are tailored to
provide the minimal disruption of vessel operations necessary to
provide immediate, improved security for persons, vessels, and
designated waters of the Severn River, between Horseshoe Point and
Biemans Point, and all waters of College Creek eastward of the King
George Street Bridge, located in Annapolis, Maryland. Additionally,
this security zone is temporary in nature any hardships experienced by
persons or vessels are outweighed by the national interest in
protecting high-ranking officials of the United States and the public
at large from the devastating consequences of acts of terrorism, and
from sabotage or other subversive acts, accidents, or other causes of a
similar nature.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities: The owners or operators of vessels intending
to operate, remain or anchor on the Severn River, between Horseshoe
Point and Biemans Point, and on College Creek, eastward of the King
George Street Bridge, from 7:30 a.m. to 2 p.m. annually on the Friday
before the Memorial Day holiday in May. This security zone would not
have a significant economic impact on a substantial number of small
entities due to the limited duration of the enforcement of this
regulation and during these limited enforcement periods vessels may
seek permission of the Captain of the Port, Baltimore, to enter and
transit the zone. Before the effective period, we would issue maritime
advisories widely available to users of the Severn River and College
Creek.
[[Page 6514]]
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Mr. Ronald L. Houck, at Coast
Guard Sector Baltimore, Waterways Management Branch, at telephone
number (410) 576-2674. The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation because this
rulemaking is a security zone less than one week in duration. A draft
``Environmental Analysis Check List'' and a draft ``Categorical
Exclusion Determination'' (CED) are available in the docket where
indicated under ADDRESSES. Comments on this section will be considered
before we make the final decision on whether the rule should be
categorically excluded from further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.509 to read as follows:
Sec. 165.509 Security Zone; Severn River and College Creek,
Annapolis, MD.
(a) Definitions. For purposes of this section, the Captain of the
Port, Baltimore, Maryland means the Commander, Coast Guard Sector
Baltimore, Maryland or any Coast Guard commissioned, warrant, or petty
officer
[[Page 6515]]
who has been authorized by the Captain of the Port, Baltimore, Maryland
to act on his or her behalf.
(b) Location. The following area is a security zone: All waters of
the Severn River, from shoreline to shoreline, bounded by a line drawn
from Horseshoe Point, at 38[deg]59'47.6'' N, 076[deg]29'33.2'' W;
eastward across the Severn river to a point located at 39[deg]00'01.5''
N; 076[deg]29'08.5'' W; and a line drawn from Biemans Point, at
38[deg]59'14.4'' N, 076[deg]28'30.1'' W; westward across the Severn
River to a point 38[deg]59'03.5'' N, 076[deg]28'50.0'' W; located on
the Naval Academy waterfront. This security zone includes the waters of
College Creek eastward of the King George Street Bridge (NAD 1983).
(c) Regulations. (1) The general regulations governing security
zones found in Sec. 165.33 apply to the security zone described in
paragraph (b) of this section.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Captain of the Port, Baltimore, Maryland.
(3) Persons or vessels requiring entry into or passage through the
security zone must first request authorization from the Captain of the
Port, Baltimore to seek permission to transit the area. The Captain of
the Port, Baltimore, Maryland can be contacted at telephone number
(410) 576-2693. The Coast Guard vessels enforcing this section can be
contacted on VHF Marine Band Radio, VHF channel 16 (156.8 MHz). Upon
being hailed by a U.S. Coast Guard vessel by siren, radio, flashing
light, or other means, the operator of a vessel shall proceed as
directed. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port, Baltimore, Maryland
and proceed at the minimum speed necessary to maintain a safe course
while within the zone.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This section will be enforced annually on
the Friday before the Memorial Day holiday in May from 7:30 a.m. to 2
p.m. local time.
Dated: January 29, 2007.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E7-2334 Filed 2-9-07; 8:45 am]
BILLING CODE 4910-15-P
