[Federal Register Volume 72, Number 84 (Wednesday, May 2, 2007)]
[Rules and Regulations]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8447]
DEPARTMENT OF HOMELAND SECURITY
33 CFR Part 165
Security Zone; Severn River and College Creek, Annapolis, MD
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
SUMMARY: The Coast Guard is establishing a permanent security zone on
certain waters of the Severn River and College Creek. This action is
necessary to ensure the security of high-ranking public officials and
the public at large against terrorist acts or incidents during
activities associated with 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
DATES: This rule is effective May 25, 2007.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-06-112 and are available for inspection or
copying at Commander, Coast Guard Sector Baltimore, 2401 Hawkins Point
Road, Building 70, Waterways Management Division, Baltimore, Maryland
21226-1791 between 8 a.m. and 3 p.m., Monday through Friday, except
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.
On February 12, 2007, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zone; Severn River and College Creek,
Annapolis, MD'' in the Federal Register (72 FR 6512). We received four
letters commenting on the proposed rule. No public meeting was
requested, and none was held. 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. It took longer to
respond to comments than expected. While we did not change the rule, in
response to comments we examined ways to ensure that enforcement of the
rule would cause minimal disruption to local vessel operators.
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
In this particular rulemaking, to address the aforementioned
security concerns before, during and after the annual U.S. Naval
Academy graduation ceremony, and to take steps to prevent the
catastrophic impact that a terrorist attack against high-ranking public
officials and the public at large before, during and after this highly-
publicized event would have on the public interest, the Captain of the
Port, Baltimore, Maryland is establishing 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 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 U.S.
Naval Academy before, during and after 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
Discussion of Comments and Changes
The Coast Guard received a total of four pieces of written
correspondence in response to the NPRM. No public meeting was requested
and none was held. What follows is a review of, and the Coast Guard's
response to, the issues and questions that were presented by these
commenters concerning the proposed regulations.
(1) All commenters indicated that the proposed rule would
effectively cut off the Severn River to all waterway traffic, including
commercial and recreational vessels.
We do not intend to restrict commercial and recreational vessels
from transiting to or departing from areas outside the zone. Similar to
past U.S. Naval Academy graduation ceremony activities, during the
enforcement of the temporary security zone on the Severn River and
College Creek in Annapolis, Maryland, the COTP will allow persons and
vessels not deemed a security threat to be authorized by on-scene
patrol vessels to enter, operate within, and depart the zone without
loitering, anchoring, fishing and crabbing.
(2) Two commenters indicated that the proposed rule would be
ineffective, since the U.S. Naval Academy graduation ceremony is held a
considerable distance away from the Severn River and College Creek, at
the Navy-Marine Corps Memorial Stadium.
Activities associated with the U.S. Naval Academy graduation
ceremony require that security measures be taken at locations other
than during the commencement address.
(3) Two commenters indicated that the proposed rule would be
insuffient, since the zone does not encompass all of the U.S. Naval
In an attempt to impose the least amount of adverse impact on
waterway traffic, the security measures expected before, during, and
after the U.S. Naval Academy graduation ceremony do not require further
restrictions upon adjacent waterways.
After reviewing all comments, no changes to the proposed regulatory
text were made. Our final rule remains the same as our proposed rule.
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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This security zone will
encompass only a small portion of the waterway and vessels or persons
may be allowed to enter this zone with permission of the Captain of the
Port, Baltimore, Maryland.
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
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of the Severn River and College Creek
from 7:30 a.m. to 2 p.m. on the Friday before the Memorial Day holiday
annually. This security zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons. This rule will be in effect for less than seven hours, on one
day, annually. Although the security zone will apply to the entire
width of the river, smaller vessels not constrained by their draft,
which are more likely to be small entities, may request permission from
the Captain of the Port Baltimore, Maryland to enter the zone at
telephone number (410) 576-2693, or through Coast Guard vessels
enforcing the zone via Marine Band Radio, VHF channel 16 (156.8 MHz).
Additionally, before the effective period, the Coast Guard will issue
maritime advisories widely available to users of the river to allow
mariners to make alternative plans for transiting the affected areas.
Because the zone is of limited size, it is expected that there will be
minimal disruption to the maritime community.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. However,
we received no requests for assistance from any small entities.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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
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
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.
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
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
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
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:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
2. Add Sec. 165.509 to read as follows:
Sec. 165.509 Security Zone; Severn River and College Creek,
(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 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 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 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: April 20, 2007.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E7-8447 Filed 5-1-07; 8:45 am]
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