Security Zone, Baltimore Harbor, Baltimore's Inner Harbor; Baltimore, MD, 54392-54394 [2013-21394]
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54392
Federal Register / Vol. 78, No. 171 / Wednesday, September 4, 2013 / Rules and Regulations
A. Regulatory History and Information
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0767]
RIN 1625–AA87
Security Zone, Baltimore Harbor,
Baltimore’s Inner Harbor; Baltimore,
MD
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary security zone
encompassing certain waters of
Baltimore Harbor, Baltimore’s Inner
Harbor, at Baltimore, Maryland. This
action is necessary to safeguard persons
and property, and prevent terrorist acts
or incidents. 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 granted
permission from the Coast Guard
Captain of the Port Baltimore or his
designated representative.
DATES: This rule is effective on
September 5, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0767]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Ronald L. Houck, at Sector
Baltimore Waterways Management
Division, Coast Guard; telephone 410–
576–2674, email Ronald.L.Houck@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impractical and contrary to public
interest to delay the effective date of this
rule. The Coast Guard was unable to
publish a NPRM and hold a comment
period for this rulemaking due to the
short time period between event
planners notifying the Coast Guard of
details concerning the event, on August
9, 2013, and publication of this security
zone. As such, it is impracticable to
provide a full comment period due to
lack of time. Furthermore, delaying the
effective date of this security zone
would be contrary to the public interest
given the high risk of injury and damage
during a large public gathering.
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. Due to the need for immediate
action, the restriction of vessel traffic is
necessary to protect life, property and
the environment, therefore, a 30-day
notice period is impractical. Delaying
the effective date would be contrary to
the security zone’s intended objectives
of protecting a large gathering of the
public, as it would introduce
vulnerability to the maritime safety and
security of the general public.
B. Basis and Purpose
The National Football League, of New
York, NY, will sponsor the ‘‘NFL
Kickoff Event’’, a highly-publicized
celebration located at Baltimore, MD,
scheduled on September 5, 2013. The
activity begins at 7:30 p.m. with venue
access granted at 6 p.m. During this
event, a large gathering of the public is
expected to take place along the
promenade in Baltimore’s Inner Harbor.
Activities associated with this event
include a nationally-televised live
music concert and fireworks display
launched from barges, located in
navigable waterways within the Captain
of the Port’s Area of Responsibility.
The Coast Guard has given each Coast
Guard Captain of the Port the ability to
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implement comprehensive port security
regimes designed to safeguard human
life, vessels, and waterfront facilities
while still sustaining the flow of
commerce. The Captain of the Port
Baltimore is establishing this security
zone to protect a large gathering of the
general public, mitigate potential
terrorist acts, and enhance public and
maritime safety and security in order to
safeguard life, property, and the
environment on or near the navigable
waters.
C. Discussion of the Final Rule
Through this regulation, the Coast
Guard will establish a security zone.
The security zone will be in effect from
5 p.m. until 11:59 p.m. on September 5,
2013. The security zone will include all
navigable waters of Baltimore Harbor,
Baltimore’s Inner Harbor, from shoreline
to shoreline, bounded on the east by a
line drawn from position latitude 39°
17′03.41″ N, longitude 076°36′28.35″ W
southerly to position latitude
39°16′58.24″ N, longitude 076°36′27.59″
W, located along the waterfront at
Baltimore, MD (datum NAD 1983). This
location is entirely within the Area of
Responsibility of the Captain of the Port
Baltimore, as set forth at 33 CFR 3.25–
15.
This rule requires any unauthorized
persons in the regulated area at the time
this security zone is in effect to
immediately proceed out of the zone.
Except for vessels at berth, mooring, or
at anchor, this rule temporarily requires
all vessels in the designated security
zone as defined by this rule to
immediately depart the security zone.
Entry into this security zone is
prohibited, unless specifically
authorized by the Captain of the Port
Baltimore. U.S. Coast Guard personnel
will be provided to prevent the
movement of unauthorized persons into
the zone. Federal, state, and local
agencies may assist the Coast Guard in
the enforcement of this rule. The Coast
Guard will issue Notices to Mariners to
further publicize the security zone and
notify the public of changes in the status
of the zone. Such notices will continue
until the event is complete.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
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Federal Register / Vol. 78, No. 171 / Wednesday, September 4, 2013 / Rules and Regulations
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.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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 would affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to operate, transit
through or anchor within the security
zone during the enforcement period.
The security zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. The security zone
is of limited size and duration.
Although the security zone would apply
to the entire width of the harbor, traffic
would be allowed to pass through the
zone with the permission of the Captain
of the Port. Before the effective period,
maritime advisories will be widely
available to the maritime community.
sroberts on DSK5SPTVN1PROD with RULES
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. Although this security zone
restricts vessel traffic through the
affected area, the effect of this regulation
will not be significant due to the limited
size and duration of the regulated area.
In addition, notifications will be made
to the maritime community so mariners
may adjust their plans accordingly.
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
3. 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 rule. 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 the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
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4. Collection of Information
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. 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 (adjusted for inflation) 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.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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54393
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
establishing a temporary security zone.
This rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
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Federal Register / Vol. 78, No. 171 / Wednesday, September 4, 2013 / Rules and Regulations
discovery of a significant environmental
impact from this rule.
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. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 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 No. 0170.1.
2. Add § 165.T05–0767 to read as
follows:
■
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§ 165.T05–0767 Security Zone, Baltimore
Harbor, Baltimore’s Inner Harbor;
Baltimore, MD.
(a) Location. The following area is a
security zone: all waters of Baltimore
Harbor, Baltimore’s Inner Harbor, from
shoreline to shoreline, bounded on the
east by a line drawn from position
latitude 39°17′03.41″ N, longitude
076°36′28.35″ W southerly to position
latitude 39°16′58.24″ N, longitude
076°36′27.59″ W, located along the
waterfront at Baltimore, MD. All
coordinates refer to datum NAD 1983.
(b) Regulations. The general security
zone regulations found in 33 CFR
165.33 apply to the security zone
created by this temporary
§ 165.T05.0767.
(1) All persons are required to comply
with the general regulations governing
security zones found in 33 CFR 165.33.
(2) Entry into or remaining in this
zone is prohibited unless authorized by
the Coast Guard Captain of the Port
Baltimore. Vessels already at berth,
mooring, or anchor at the time the
security zone is implemented do not
have to depart the security zone. All
vessels underway within this security
zone at the time it is implemented are
to depart the zone.
(3) Persons desiring to transit the area
of the security zone must first obtain
authorization from the Captain of the
Port Baltimore or his designated
representative. To seek permission to
transit the area, the Captain of the Port
Baltimore and his designated
representatives can be contacted at
telephone number 410–576–2693 or on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz). The Coast Guard
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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, or other Federal, State, or local
agency 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 or his designated
representative and proceed at the
minimum speed necessary to maintain a
safe course while within the zone.
(4) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(c) Definitions. As used in this
section:
Captain of the Port Baltimore means
the Commander, U.S. Coast Guard
Sector Baltimore, Maryland or any Coast
Guard commissioned, warrant or petty
officer who has been authorized by the
Captain of the Port to act on his behalf.
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been authorized
by the Captain of the Port Baltimore to
assist in enforcing the security zone
described in paragraph (a) of this
section.
(d) Effective period. This rule is
effective from 5 p.m. until 11:59 p.m. on
September 5, 2013.
(e) Enforcement period. This section
will be enforced from 5 p.m. until 11:59
p.m. on September 5, 2013.
Dated: August 15, 2013.
M.M. Dean,
Commander, U. S. Coast Guard, Acting
Captain of the Port Baltimore.
[FR Doc. 2013–21394 Filed 9–3–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
nonattainment area in Arizona has
attained the 2006 24-hour fine particle
(PM2.5) National Ambient Air Quality
Standard (NAAQS). This determination
is based upon complete, qualityassured, and certified ambient air
monitoring data showing that this area
has monitored attainment of the 2006
24-hour PM2.5 NAAQS based on the
2010–2012 monitoring period. Based on
the above determination, the
requirements for this area to submit an
attainment demonstration, together with
reasonably available control measures
(RACM), a reasonable further progress
(RFP) plan, and contingency measures
for failure to meet RFP and attainment
deadlines are suspended for so long as
the area continues to attain the 2006 24hour PM2.5 NAAQS.
DATES: Effective Date: This rule is
effective on October 4, 2013.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2013–0449 for
this action. Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps, multi-volume
reports), and some may not be publicly
available in either location (e.g.,
Confidential Business Information). To
inspect the hard copy materials, please
schedule an appointment during normal
business hours with the contact listed in
the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT:
Ginger Vagenas, (415) 972–3964, or by
email at vagenas.ginger@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
EPA.
Table of Contents
40 CFR Part 52
[EPA–R09–OAR–2013–0449; FRL–9900–58–
Region9]
I. Summary of Proposed Action
II. Public Comments and EPA Responses
III. EPA’s Final Action
IV. Statutory and Executive Order Reviews
Determination of Attainment for the
West Central Pinal Nonattainment Area
for the 2006 Fine Particle Standard;
Arizona; Determination Regarding
Applicability of Clean Air Act
Requirements
I. Summary of Proposed Action
On July 12, 2013 (78 FR 41901), EPA
proposed to determine that the West
Central Pinal nonattainment area 1 has
attained the 2006 24-hour NAAQS 2 for
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
determine that the West Central Pinal
SUMMARY:
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1 Covering approximately 460 square miles, the
West Central Pinal PM2.5 nonattainment area is
located within Pinal County, Arizona.
2 The 2006 24-hour PM
2.5 NAAQS is 35
micrograms per cubic meter (mg/m3), based on a 3year average of the 98th percentile of 24-hour
concentrations.
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Agencies
[Federal Register Volume 78, Number 171 (Wednesday, September 4, 2013)]
[Rules and Regulations]
[Pages 54392-54394]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21394]
[[Page 54392]]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0767]
RIN 1625-AA87
Security Zone, Baltimore Harbor, Baltimore's Inner Harbor;
Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone
encompassing certain waters of Baltimore Harbor, Baltimore's Inner
Harbor, at Baltimore, Maryland. This action is necessary to safeguard
persons and property, and prevent terrorist acts or incidents. 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 granted permission from the Coast Guard Captain
of the Port Baltimore or his designated representative.
DATES: This rule is effective on September 5, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0767]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald L. Houck, at Sector Baltimore Waterways
Management Division, Coast Guard; telephone 410-576-2674, email
Ronald.L.Houck@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impractical and contrary to
public interest to delay the effective date of this rule. The Coast
Guard was unable to publish a NPRM and hold a comment period for this
rulemaking due to the short time period between event planners
notifying the Coast Guard of details concerning the event, on August 9,
2013, and publication of this security zone. As such, it is
impracticable to provide a full comment period due to lack of time.
Furthermore, delaying the effective date of this security zone would be
contrary to the public interest given the high risk of injury and
damage during a large public gathering.
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. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment, therefore, a 30-day notice period is
impractical. Delaying the effective date would be contrary to the
security zone's intended objectives of protecting a large gathering of
the public, as it would introduce vulnerability to the maritime safety
and security of the general public.
B. Basis and Purpose
The National Football League, of New York, NY, will sponsor the
``NFL Kickoff Event'', a highly-publicized celebration located at
Baltimore, MD, scheduled on September 5, 2013. The activity begins at
7:30 p.m. with venue access granted at 6 p.m. During this event, a
large gathering of the public is expected to take place along the
promenade in Baltimore's Inner Harbor. Activities associated with this
event include a nationally-televised live music concert and fireworks
display launched from barges, located in navigable waterways within the
Captain of the Port's Area of Responsibility.
The Coast Guard has given each Coast Guard Captain of the Port the
ability to implement comprehensive port security regimes designed to
safeguard human life, vessels, and waterfront facilities while still
sustaining the flow of commerce. The Captain of the Port Baltimore is
establishing this security zone to protect a large gathering of the
general public, mitigate potential terrorist acts, and enhance public
and maritime safety and security in order to safeguard life, property,
and the environment on or near the navigable waters.
C. Discussion of the Final Rule
Through this regulation, the Coast Guard will establish a security
zone. The security zone will be in effect from 5 p.m. until 11:59 p.m.
on September 5, 2013. The security zone will include all navigable
waters of Baltimore Harbor, Baltimore's Inner Harbor, from shoreline to
shoreline, bounded on the east by a line drawn from position latitude
39[deg] 17'03.41'' N, longitude 076[deg]36'28.35'' W southerly to
position latitude 39[deg]16'58.24'' N, longitude 076[deg]36'27.59'' W,
located along the waterfront at Baltimore, MD (datum NAD 1983). This
location is entirely within the Area of Responsibility of the Captain
of the Port Baltimore, as set forth at 33 CFR 3.25-15.
This rule requires any unauthorized persons in the regulated area
at the time this security zone is in effect to immediately proceed out
of the zone. Except for vessels at berth, mooring, or at anchor, this
rule temporarily requires all vessels in the designated security zone
as defined by this rule to immediately depart the security zone. Entry
into this security zone is prohibited, unless specifically authorized
by the Captain of the Port Baltimore. U.S. Coast Guard personnel will
be provided to prevent the movement of unauthorized persons into the
zone. Federal, state, and local agencies may assist the Coast Guard in
the enforcement of this rule. The Coast Guard will issue Notices to
Mariners to further publicize the security zone and notify the public
of changes in the status of the zone. Such notices will continue until
the event is complete.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory
[[Page 54393]]
Planning and Review, as supplemented by Executive Order 13563,
Improving Regulation and Regulatory Review, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
Executive Order 12866 or under section 1 of Executive Order 13563. The
Office of Management and Budget has not reviewed it under those Orders.
Although this security zone restricts vessel traffic through the
affected area, the effect of this regulation will not be significant
due to the limited size and duration of the regulated area. In
addition, notifications will be made to the maritime community so
mariners may adjust their plans accordingly.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to operate, transit through or anchor within the security
zone during the enforcement period. The security zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons. The security zone is of limited size and
duration. Although the security zone would apply to the entire width of
the harbor, traffic would be allowed to pass through the zone with the
permission of the Captain of the Port. Before the effective period,
maritime advisories will be widely available to the maritime community.
3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 (adjusted for
inflation) 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishing a temporary security zone.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the
[[Page 54394]]
discovery of a significant environmental impact from this rule.
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
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 No. 0170.1.
0
2. Add Sec. 165.T05-0767 to read as follows:
Sec. 165.T05-0767 Security Zone, Baltimore Harbor, Baltimore's Inner
Harbor; Baltimore, MD.
(a) Location. The following area is a security zone: all waters of
Baltimore Harbor, Baltimore's Inner Harbor, from shoreline to
shoreline, bounded on the east by a line drawn from position latitude
39[deg]17'03.41'' N, longitude 076[deg]36'28.35'' W southerly to
position latitude 39[deg]16'58.24'' N, longitude 076[deg]36'27.59'' W,
located along the waterfront at Baltimore, MD. All coordinates refer to
datum NAD 1983.
(b) Regulations. The general security zone regulations found in 33
CFR 165.33 apply to the security zone created by this temporary Sec.
165.T05.0767.
(1) All persons are required to comply with the general regulations
governing security zones found in 33 CFR 165.33.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Baltimore. Vessels
already at berth, mooring, or anchor at the time the security zone is
implemented do not have to depart the security zone. All vessels
underway within this security zone at the time it is implemented are to
depart the zone.
(3) Persons desiring to transit the area of the security zone must
first obtain authorization from the Captain of the Port Baltimore or
his designated representative. To seek permission to transit the area,
the Captain of the Port Baltimore and his designated representatives
can be contacted at telephone number 410-576-2693 or on Marine Band
Radio, VHF-FM channel 16 (156.8 MHz). 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, or other
Federal, State, or local agency 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 or his
designated representative and proceed at the minimum speed necessary to
maintain a safe course while within the zone.
(4) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(c) Definitions. As used in this section:
Captain of the Port Baltimore means the Commander, U.S. Coast Guard
Sector Baltimore, Maryland or any Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port to act
on his behalf.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Baltimore to assist in enforcing the security zone described in
paragraph (a) of this section.
(d) Effective period. This rule is effective from 5 p.m. until
11:59 p.m. on September 5, 2013.
(e) Enforcement period. This section will be enforced from 5 p.m.
until 11:59 p.m. on September 5, 2013.
Dated: August 15, 2013.
M.M. Dean,
Commander, U. S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2013-21394 Filed 9-3-13; 8:45 am]
BILLING CODE 9110-04-P