Security Zone, Change of Enforcement Period, Chesapeake Bay; Between Sandy Point and Kent Island, MD, 49688-49690 [2014-19988]
Download as PDF
49688
Federal Register / Vol. 79, No. 163 / Friday, August 22, 2014 / Rules and Regulations
require a Statement of Energy Effects
under Executive Order 13211.
13. Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
rmajette on DSK2TPTVN1PROD with RULES
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 concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g) of the Instruction. This rule fits
the category selected from paragraph
(34)(g), as it establishes temporary
security zones for a limited period of
time. An environmental analysis
checklist and a categorical exclusion
determination will be available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reports and recordkeeping
requirements, Security measures, and
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:
■
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14:40 Aug 21, 2014
Jkt 232001
Authority: 33 U.S.C. 1226, 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.
DEPARTMENT OF HOMELAND
SECURITY
2. Add § 165.T01–0708 to read as
follows:
33 CFR Part 165
§ 165.T01–0708 Security Zone: Martha’s
Vineyard, Massachusetts.
RIN 1625–AA00
(a) Location. The following areas are
security zones: All navigable waters,
from surface to bottom, within 1000
yards of the POTUS and/or first family
while underway in, or on shore but
within 1000 yards of, the navigable
waters of the U.S. in the coastal areas of
Chilmark and Edgartown Great Pond,
Martha’s Vineyard, Massachusetts.
(b) Notification. Coast Guard Sector
Southeastern New England will give
actual notice to mariners for the purpose
of enforcement of these temporary
security zones.
(c) Effective and Enforcement Period.
This rule is effective for purposes of
enforcement from 8:00 a.m. on Friday,
August 8, 2014 through 5:00 p.m. on
Sunday, August 24, 2014. This rule will
be enforced with actual notice during
the effective period.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.33
apply.
(2) In accordance with the general
regulations in § 165.33 of this part, entry
into or movement within these zones is
prohibited unless authorized by the
Captain of the Port or his designated
representatives.
(3) The ‘‘designated representative’’ is
any Coast Guard commissioned,
warrant, or petty officer who has been
designated by the Captain of the Port to
act on his behalf. The on-scene
representative may be on a Coast Guard
vessel, or onboard a federal, state, or
local agency vessel that is authorized to
act in support of the Coast Guard.
(4) Upon being hailed by a U.S. Coast
Guard vessel or his designated
representative, by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
(5) Vessel operators desiring to enter
or operate within these security zones
shall contact the Captain of the Port or
his designated representative via VHF
channel 16 to obtain permission to do
so.
Security Zone, Change of Enforcement
Period, Chesapeake Bay; Between
Sandy Point and Kent Island, MD
■
Dated: August 7, 2014.
J. T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the
Port, Southeastern New England.
[FR Doc. 2014–19987 Filed 8–21–14; 8:45 am]
BILLING CODE 9110–04–P
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Frm 00030
Fmt 4700
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Coast Guard
[Docket Number USCG–2014–0296]
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is changing
the enforcement period of a security
zone regulation within the Baltimore
COTP Zone. This regulation applies to
a recurring event that takes place on the
William P. Lane Jr. Memorial Bridges,
across the Chesapeake Bay, between
Sandy Point and Kent Island, MD. This
action is necessary to protect persons
and property, and prevent terrorist acts
or incidents on navigable waters during
the event. This rule prohibits vessels
and people from entering the security
zone and requires vessels and persons
in the security zone to depart the
security zone, unless specifically
exempt under the provisions in this rule
or granted specific permission from the
Coast Guard Captain of the Port
Baltimore.
SUMMARY:
This rule is effective September
22, 2014 and will be enforced annually
on the second Sunday in November
from 7 a.m. to 11 a.m., and if necessary
due to inclement weather, on the third
Sunday in November from 7 a.m. to 11
a.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0296]. 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 Houck, U.S. Coast
Guard Sector Baltimore, MD; telephone
410–576–2674, email Ronald.L.Houck@
uscg.mil. If you have questions on
viewing or submitting material to the
DATES:
E:\FR\FM\22AUR1.SGM
22AUR1
Federal Register / Vol. 79, No. 163 / Friday, August 22, 2014 / Rules and Regulations
docket, call Cheryl Collins, 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
On May 16, 2014, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Security Zone, Change of
Enforcement Period, Chesapeake Bay;
Between Sandy Point and Kent Island,
MD’’ in the Federal Register (79 FR
28468). We received no comments on
the proposed rule. No public meeting
was requested, and none was held.
B. Basis and Purpose
The legal bases and authorities for
this rule are found in 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; Public Law 107–295,
116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1, which
collectively authorize the Coast Guard
to propose, establish, and define
regulatory security zones. The purpose
of this security zone is to protect
persons and property, mitigate potential
terrorist acts or incidents, 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 Comments, Changes
and the Final Rule
The Coast Guard received no
comments in response to the NPRM. No
public meeting was requested and none
was held.
rmajette on DSK2TPTVN1PROD with RULES
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
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.
VerDate Mar<15>2010
14:40 Aug 21, 2014
Jkt 232001
49689
Although this regulation would
restrict access to this area, the effect of
this rule will not be significant because:
(i) The security zone will only be in
effect annually on the second Sunday in
November from 7 a.m. through 11 a.m.,
and if necessary due to inclement
weather, on the third Sunday in
November from 7 a.m. through 11 a.m.,
and (ii) the Coast Guard will give
advance notification via maritime
advisories so mariners can adjust their
plans accordingly, and will continue
such advisories on the status of the
security zone until the completion of
the event.
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 received no comments
from the Small Business Administration
on this rule. 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 may affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to operate or transit
through or within, or anchor in, the
security zone during the enforcement
period. This security zone will not have
a significant economic impact on a
substantial number of small entities for
the reasons provided under Regulatory
Planning and Review.
5. Federalism
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
affects 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
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Frm 00031
Fmt 4700
Sfmt 4700
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).
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
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49690
Federal Register / Vol. 79, No. 163 / Friday, August 22, 2014 / Rules and Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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.
rmajette on DSK2TPTVN1PROD with RULES
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 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
VerDate Mar<15>2010
14:40 Aug 21, 2014
Jkt 232001
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. Revise § 165.507 to read as follows:
§ 165.507 Security Zone; Chesapeake Bay,
between Sandy Point and Kent Island, MD.
(a) Definitions. 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
Chesapeake Bay, from the surface to the
bottom, within 250 yards north of the
north (westbound) span of the William
P. Lane Jr. Memorial Bridge, and 250
yards south of the south (eastbound)
span of the William P. Lane Jr.
Memorial Bridge, from the western
shore at Sandy Point to the eastern
shore at Kent Island, Maryland.
(c) Regulations. (1) All persons are
required to comply with the general
regulations governing security zones
found in § 165.33 of this part.
(2) Entry into or remaining in this
zone is prohibited unless authorized by
the Coast Guard Captain of the Port,
Baltimore, Maryland.
(3) Persons or vessels requiring entry
into or passage through the security
zone must first request authorization
from the Captain of the Port, Baltimore
to seek permission to transit the area.
The Captain of the Port, Baltimore,
Maryland can be contacted at telephone
number (410) 576–2693. The Coast
Guard vessels enforcing this section can
be contacted on VHF Marine Band
Radio, VHF channel 16 (156.8 MHz).
Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light, or other means, the operator of a
vessel shall proceed as directed. If
permission is granted, all persons and
vessels must comply with the
instructions of the Captain of the Port,
Baltimore, Maryland and proceed at the
minimum speed necessary to maintain a
safe course while within the zone.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
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Frm 00032
Fmt 4700
Sfmt 4700
enforcement of the zone by Federal,
State, and local agencies.
(e) Enforcement period. This section
will be enforced annually on the second
Sunday in November from 7 a.m. to 11
a.m., and if necessary due to inclement
weather, on the third Sunday in
November from 7 a.m. to 11 a.m.
Dated: August 7, 2014.
K. C. Kiefer,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2014–19988 Filed 8–21–14; 8:45 am]
BILLING CODE 9110–04–P
GULF COAST ECOSYSTEM
RESTORATION COUNCIL
40 CFR Part 1800
[Docket Number: 140819111–4111–01]
RESTORE Act Spill Impact Component
Planning Allocation
Gulf Coast Ecosystem
Restoration Council.
ACTION: Interim final rule.
AGENCY:
The Gulf Coast Ecosystem
Restoration Council (Council) is issuing
a final regulation authorizing the Gulf
Coast State members of the Council, or
their administrative agents, and the Gulf
Consortium of Florida counties to apply
for grants to fund planning activities to
develop individual State Expenditure
Plans (SEP) using funds up to the
statutory minimum that each Gulf Coast
State must receive under the Spill
Impact Component of the Resources and
Ecosystem Sustainability, Tourist
Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012
(RESTORE Act).
DATES: This Interim Final Rule becomes
effective on August 22, 2014. Comments
on the Interim Final Rule are due
September 22, 2014.
ADDRESSES: The Council invites
comments on the planning allocation
contained in this Interim Final Rule.
Comments may be submitted through
one of these methods:
Electronic Submission of Comments:
Interested persons may submit
comments electronically through the
Federal eRulemaking Portal at https://
www.regulations.gov. Electronic
submission of comments allows the
commenter maximum time to prepare
and submit a comment, ensures timely
receipt, and enables the Council to make
them available to the public. Comments
submitted electronically through the
https://www.regulations.gov Web site can
be viewed by other commenters and
interested members of the public.
SUMMARY:
E:\FR\FM\22AUR1.SGM
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Agencies
[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Rules and Regulations]
[Pages 49688-49690]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19988]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0296]
RIN 1625-AA00
Security Zone, Change of Enforcement Period, Chesapeake Bay;
Between Sandy Point and Kent Island, MD
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the enforcement period of a
security zone regulation within the Baltimore COTP Zone. This
regulation applies to a recurring event that takes place on the William
P. Lane Jr. Memorial Bridges, across the Chesapeake Bay, between Sandy
Point and Kent Island, MD. This action is necessary to protect persons
and property, and prevent terrorist acts or incidents on navigable
waters during the event. This rule prohibits vessels and people from
entering the security zone and requires vessels and persons in the
security zone to depart the security zone, unless specifically exempt
under the provisions in this rule or granted specific permission from
the Coast Guard Captain of the Port Baltimore.
DATES: This rule is effective September 22, 2014 and will be enforced
annually on the second Sunday in November from 7 a.m. to 11 a.m., and
if necessary due to inclement weather, on the third Sunday in November
from 7 a.m. to 11 a.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0296]. 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 Houck, U.S. Coast Guard Sector Baltimore, MD;
telephone 410-576-2674, email Ronald.L.Houck@uscg.mil. If you have
questions on viewing or submitting material to the
[[Page 49689]]
docket, call Cheryl Collins, 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
On May 16, 2014, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zone, Change of Enforcement Period,
Chesapeake Bay; Between Sandy Point and Kent Island, MD'' in the
Federal Register (79 FR 28468). We received no comments on the proposed
rule. No public meeting was requested, and none was held.
B. Basis and Purpose
The legal bases and authorities for this rule are found in 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; Public Law 107-295, 116 Stat.
2064; Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory security zones. The purpose of this security zone is
to protect persons and property, mitigate potential terrorist acts or
incidents, 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 Comments, Changes and the Final Rule
The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held.
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 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 regulation would restrict access to this area, the
effect of this rule will not be significant because: (i) The security
zone will only be in effect annually on the second Sunday in November
from 7 a.m. through 11 a.m., and if necessary due to inclement weather,
on the third Sunday in November from 7 a.m. through 11 a.m., and (ii)
the Coast Guard will give advance notification via maritime advisories
so mariners can adjust their plans accordingly, and will continue such
advisories on the status of the security zone until the completion of
the event.
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 received no comments from the Small Business
Administration on this rule. 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 may affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to operate
or transit through or within, or anchor in, the security zone during
the enforcement period. This security zone will not have a significant
economic impact on a substantial number of small entities for the
reasons provided under Regulatory Planning and Review.
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 affects 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
[[Page 49690]]
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 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.
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. Revise Sec. 165.507 to read as follows:
Sec. 165.507 Security Zone; Chesapeake Bay, between Sandy Point and
Kent Island, MD.
(a) Definitions. 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 Chesapeake Bay, from the surface to the bottom, within 250 yards
north of the north (westbound) span of the William P. Lane Jr. Memorial
Bridge, and 250 yards south of the south (eastbound) span of the
William P. Lane Jr. Memorial Bridge, from the western shore at Sandy
Point to the eastern shore at Kent Island, Maryland.
(c) Regulations. (1) All persons are required to comply with the
general regulations governing security zones found in Sec. 165.33 of
this part.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port, Baltimore, Maryland.
(3) Persons or vessels requiring entry into or passage through the
security zone must first request authorization from the Captain of the
Port, Baltimore to seek permission to transit the area. The Captain of
the Port, Baltimore, Maryland can be contacted at telephone number
(410) 576-2693. The Coast Guard vessels enforcing this section can be
contacted on VHF Marine Band Radio, VHF channel 16 (156.8 MHz). Upon
being hailed by a U.S. Coast Guard vessel by siren, radio, flashing
light, or other means, the operator of a vessel shall proceed as
directed. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port, Baltimore, Maryland
and proceed at the minimum speed necessary to maintain a safe course
while within the zone.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This section will be enforced annually on
the second Sunday in November from 7 a.m. to 11 a.m., and if necessary
due to inclement weather, on the third Sunday in November from 7 a.m.
to 11 a.m.
Dated: August 7, 2014.
K. C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2014-19988 Filed 8-21-14; 8:45 am]
BILLING CODE 9110-04-P