Rule2023-20562
Security Zone; Patapsco River, Baltimore, MD
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 22, 2023
Effective
September 24, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
At the request of the United States Secret Service (USSS), the Coast Guard is establishing a temporary security zone for the protection of persons who will be in Baltimore, MD on September 24, 2023. This security zone will prohibit persons and vessels from entering or remaining within the security zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative.
Full Text
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<title>Federal Register, Volume 88 Issue 183 (Friday, September 22, 2023)</title>
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[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Rules and Regulations]
[Pages 65321-65323]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20562]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0786]
RIN 1625-AA87
Security Zone; Patapsco River, Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: At the request of the United States Secret Service (USSS), the
Coast Guard is establishing a temporary security zone for the
protection of persons who will be in Baltimore, MD on September 24,
2023. This security zone will prohibit persons and vessels from
entering or remaining within the security zone unless authorized by the
Captain of the Port Maryland-National Capital Region or a designated
representative.
DATES: This rule is effective from 4 p.m. until 8 p.m. on Sunday,
September 24, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0786 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call, or email LCDR Kate Newkirk, Waterways Management Division, Sector
Maryland-National Capital Region, U.S. Coast Guard; (410) 365-8141,
<a href="/cdn-cgi/l/email-protection#c883a9bcade685e686adbfa3a1baa388bdbbabafe6a5a1a4"><span class="__cf_email__" data-cfemail="9dd6fce9f8b3d0b3d3f8eaf6f4eff6dde8eefefab3f0f4f1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
USSS United States Secret Service
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 the Coast Guard was notified by the
USSS of the visit without sufficient time to publish an NPRM. Delay in
promulgating this rule would be impracticable because this security
zone must be in by September 24, 2023, to protect these USSS protectees
in the vicinity of Baltimore, MD. The presence of these USSS protectees
creates unique safety and security concerns.
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 for the same reasons discussed
above.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70051 and 70124. The Captain of the Port Maryland-National Capital
Region (COTP) has determined that the presence of persons under the
protection of the USSS at this location presents a potential target for
terrorist attack, sabotage, or other subversive acts, accidents, or
other causes of similar nature. This rule is needed to protect persons
under the protection of the USSS, personnel in and around the visit
site, navigable waterways, and waterfront facilities.
IV. Discussion of the Rule
This rule establishes a security zone from 4 p.m. until 8 p.m. on
September 24, 2023, on the Patapsco River, in the vicinity of
Baltimore, MD. The security zone will cover all navigable waters of the
Inner Harbor on the Patapsco River, encompassed by a line connecting
the following points beginning at 39[deg]16'56.60'' N,
076[deg]36'26.17'' W, thence to 39[deg]17'1.25'' N, 076[deg]36'21.67''
W, located at Baltimore, MD. The duration of the zone is intended to
protect persons under the protection of the USSS, personnel in and
around the visit site, navigable waterways, and waterfront facilities.
No vessel or person will be permitted to enter the security zone
without obtaining permission from the COTP or a designated
representative and must proceed as directed by on-scene enforcement
vessels. Any vessel permitted to transit the zone will be required to
continue through the zone without pause or delay as directed by on-
scene enforcement vessels.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a
[[Page 65322]]
``significant regulatory action,'' under Executive Order 12866.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and limited duration of the security zone. This zone impacts
a small, designated area of the Patapsco River for 4 hours.
Furthermore, vessel traffic can safely transit around the security zone
within the eastern portion of the navigation channel.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(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 a
security zone lasting only 4 hours that will prohibit entry within
certain navigable waters of the Patapsco River. It is categorically
excluded from further review under paragraph L60(c) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0786 to read as follows:
Sec. 165.T05-0786 Security Zone; Patapsco River, Baltimore, MD.
(a) Location. The following area is a security zone: All navigable
waters of the Inner Harbor on the Patapsco River, encompassed by a line
connecting the following points beginning at 39[deg]16'56.60'' N,
076[deg]36'26.17'' W, thence to 39[deg]17'1.25'' N, 076[deg]36'21.67''
W, located at Baltimore, MD. These coordinates are based on WGS 84.
(b) Definitions. As used in this section--Captain of the Port
(COTP) means the Commander, U.S. Coast Guard Sector Maryland-National
Capital Region.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, and local officer designated by or assisting the Captain of the
Port Maryland-National Capital Region (COTP) in the enforcement of the
security zone.
Official Patrol Vessel means any Coast Guard, Coast Guard
Auxiliary, State, or local law enforcement vessel assigned or approved
by the COTP.
USSS protectee means any person for whom the United States Secret
Service requests implementation of a security
[[Page 65323]]
zone in order to supplement protection of said person(s).
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter or remain in the security
zone described in paragraph (a) of this section unless authorized by
the COTP or the COTP's designated representative.
(2) To seek permission to enter or remain in the Security Zone,
contact the COTP or the COTP's representative by telephone number 410-
576-2693 or on Marine Band Radio VHF-FM channel 16 (156.8 MHz). Those
in the security zone must comply with all lawful orders or directions
given to them by the COTP or the COTP's designated representative.
(3) Upon being hailed by an official patrol vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with lawful direction may result in expulsion from the regulated
area, citation for failure to comply, or both.
(4) Unless specifically authorized by on-scene enforcement vessels,
any vessel granted permission to enter or transit the security zone
must comply with the instructions of the COTP or designated
representative and operate at bare steerage or no-wake speed while
transiting through the Security Zone, and must not loiter, stop, or
anchor, and shall do so for the entirety of its time within the
boundaries of the security zone.
(d) Enforcement period. (1) This section will be enforced from 4
p.m. until 8 p.m. on September 24, 2023.
(2) This security zone described in paragraph (a) of this section
will be enforced with actual notice by the U.S. Coast Guard
representatives on-scene, as well as other methods listed in 33 CFR
165.7. The Coast Guard will enforce the security zone created by this
section only when it is necessary for the protection of USSS protectees
in the vicinity of Hampton, Va. The U.S. Coast Guard may be
additionally assisted in the patrol and enforcement of the zone by
Federal, State, and local agencies.
Dated: September 18, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-National
Capital Region.
[FR Doc. 2023-20562 Filed 9-21-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 22, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.