83_FR_5222 83 FR 5197 - Security Zone; Choptank River, Cambridge, MD

83 FR 5197 - Security Zone; Choptank River, Cambridge, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 25 (February 6, 2018)

Page Range5197-5199
FR Document2018-02282

The Coast Guard is establishing a temporary security zone encompassing certain waters of the Choptank River. This action is necessary to prevent waterside threats before, during, and after an event held at the Hyatt Regency Chesapeake Bay Golf Resort, Spa and Marina in Cambridge, MD, during February 7-9, 2018. This rule prohibits vessels and persons 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 Maryland- National Capital Region or his designated representative.

Federal Register, Volume 83 Issue 25 (Tuesday, February 6, 2018)
[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Rules and Regulations]
[Pages 5197-5199]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02282]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0020]
RIN 1625-AA87


Security Zone; Choptank River, Cambridge, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary security zone 
encompassing certain waters of the Choptank River. This action is 
necessary to prevent waterside threats before, during, and after an 
event held at the Hyatt Regency Chesapeake Bay Golf Resort, Spa and 
Marina in Cambridge, MD, during February 7-9, 2018. This rule prohibits 
vessels and persons 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 Maryland-
National Capital Region or his designated representative.

DATES: This rule is effective from noon on February 7, 2018, through 1 
p.m. on February 9, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0020 in the ``SEARCH'' box, and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald L. Houck, Sector Maryland-National Capital 
Region Waterways Management Division, U.S.

[[Page 5198]]

Coast Guard; telephone 410-576-2674, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

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 doing so would be impracticable and 
contrary to the public interest. The Coast Guard was unable to publish 
an NPRM and hold a comment period for this rulemaking due to the short 
time period between event planners notifying the Coast Guard of the 
event and publication of this security zone. It is necessary for the 
Coast Guard to establish this security zone for this event to ensure 
the appropriate level of protection for high-ranking United States 
officials and the public. Delaying the rulemaking to allow for 
opportunity for comment would be contrary to the security zone's 
intended objectives of protecting the high-ranking United States 
officials and the public, as it would introduce vulnerability to the 
safety and security of high-ranking United States officials and the 
general public.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register because doing so would be 
impracticable and contrary to the public interest for the same reasons 
discussed above for forgoing notice and comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP Maryland-National Capital Region has determined that a 
security zone is needed to protect VIPS (very important persons) and 
the 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 near the Hyatt Regency 
Chesapeake Bay Golf Resort, Spa and Marina in Cambridge, MD.

IV. Discussion of the Rule

    An event will be held at the Hyatt Regency Chesapeake Bay Golf 
Resort, Spa and Marina in Cambridge, MD, during February 7-9, 2018. A 
gathering of high-ranking U.S. officials is expected to take place at 
this event at Cambridge, MD. This rule establishes a security zone from 
noon on February 7, 2018, through 1 p.m. on February 9, 2018. The 
security zone will include all navigable waters of the Choptank River, 
within 2,000 yards of the Hyatt Regency Chesapeake Bay Golf Resort, Spa 
and Marina's Breakwater Pavilion, in position latitude 38[deg]33'54'' 
N, longitude 076[deg]02'47'' W, located in Cambridge, MD. This location 
is entirely within the Area of Responsibility of the Captain of the 
Port Maryland-National Capital Region, as set forth at 33 CFR 3.25-15.
    Entry into this security zone is prohibited, unless specifically 
authorized by the COTP Maryland-National Capital Region. Except for 
public vessels and vessels already 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. 
Coast Guard personnel will be present 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 Broadcast 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.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below, we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, and duration of the security zone. This security zone will 
impact the waters affected by this rule during an enforcement period of 
approximately two days. Due to the time of year, the amount of vessel 
traffic that will be prohibited from accessing the security zone is 
expected to be minimal. In addition, notifications will be made to the 
maritime community via marine information broadcasts so mariners may 
adjust their plans accordingly. Such notifications will be updated as 
necessary to keep the maritime community informed of the status of the 
security zone.

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 
contact 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

[[Page 5199]]

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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

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 
Management Directive 023-01 which guides 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 establishing a 
security zone that is 49 hours in duration and is necessary to provide 
security for high-ranking U.S. officials and the public. It is 
categorically excluded from further review under paragraph L60(a) of 
Figure 2-1 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-
01, Rev. 01. A Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

G. 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.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T05-0020 to read as follows:


Sec.  165.T05-0020  Security Zone; Choptank River, Cambridge, MD.

    (a) Location. The following area is a security zone: All navigable 
waters of the Choptank River, within 2,000 yards of the Hyatt Regency 
Chesapeake Bay Golf Resort, Spa and Marina's Breakwater Pavilion, in 
position latitude 38[deg]33'54'' N, longitude 076[deg]02'47'' W, 
located in Cambridge, MD. Coordinates refer to datum NAD 1983.
    (b) Definitions. As used in this section:
    Captain of the Port means the Commander, U.S. Coast Guard Sector 
Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Maryland-National Capital Region to assist in enforcing the 
security zone described in paragraph (b) of this section.
    Public vessel means a vessel that is owned or demise-(bareboat) 
chartered by the government of the United States, by a state or local 
government, or by the government of a foreign country and that is not 
engaged in commercial service.
    (c) Regulations. The general security zone regulations found in 33 
CFR part 165 subpart D apply to the security zone created by this 
section.
    (1) Entry into or remaining in this zone is prohibited unless 
authorized by the Captain of the Port (COTP). Public vessels and 
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.
    (2) Persons desiring to transit the area of the security zone must 
first obtain authorization from the COTP or designated representative. 
To request permission to transit the area, the COTP and or 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). If permission is granted, persons and 
vessels must comply with the instructions of the COTP or designated 
representative and proceed as directed while within the zone.
    (3) Enforcement officials. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the zone by Federal, State, and local 
agencies.
    (d) Enforcement period. This section will be enforced from noon on 
February 7, 2018, through 1 p.m. on February 9, 2018.

    Dated: January 31, 2018.
Lonnie P. Harrison, Jr.
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-National 
Capital Region.
[FR Doc. 2018-02282 Filed 2-5-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                     Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Rules and Regulations                                                                                          5197

                                                                                                                                           Number                    40% of                                              Hourly                 Projected
                                                                                                                                                                                            Time per
                                                Rule                                     Component                                          of 2016                   FOIA                                              wage of                cost savings
                                                                                                                                                                                             request
                                                                                                                                           requests                 requests                                           requester                 to public

                                             291   .........   DTRA (DNA) .................................................                        78        ×         40%            ×    30   minutes           ×       37.72            =      ¥588.43
                                             292   .........   DIA ................................................................               902        ×         40%            ×    30   minutes           ×       37.72            =     ¥6,804.69
                                             293   .........   NGA (NIMA) ..................................................                      109        ×         40%            ×    30   minutes           ×       37.72            =      ¥822.30
                                             295   .........   DoD IG ..........................................................                  772        ×         40%            ×    30   minutes           ×       37.72            =     ¥5,823.97
                                             296   .........   NRO ..............................................................                 165        ×         40%            ×    30   minutes           ×       37.72            =     ¥1,244.76
                                             298   .........   DSS (DIS) .....................................................                    310        ×         40%            ×    30   minutes           ×       37.72            =     ¥2,338.64
                                             299   .........   NSA/CSS .......................................................                  1,881        ×         40%            ×    30   minutes           ×       37.72            =    ¥14,190.26
                                             518   .........   Army ..............................................................             25,775        ×         40%            ×    30   minutes           ×       37.72            =   ¥194,446.60
                                             701   .........   Navy ..............................................................              9,605        ×         40%            ×    30   minutes           ×       37.72            =    ¥72,460.12
                                             806   .........   Air Force ........................................................               4,918        ×         40%            ×    30   minutes           ×       37.72            =    ¥37,101.39
                                             300   .........   DLA ...............................................................              3,920        ×         40%            ×    30   minutes           ×       37.72            =    ¥29,572.48

                                                   Total       ........................................................................   ................         ................       ....................        ..................       ¥384,080.13



                                             Regulatory Procedures                                                        Department of Defense, which do not                                    DEPARTMENT OF HOMELAND
                                                                                                                          create such an impact.                                                 SECURITY
                                             Executive Order 12866, ‘‘Regulatory
                                             Planning and Review’’ and Executive                                          Public Law 96–511, ‘‘Paperwork                                         Coast Guard
                                             Order 13563, ‘‘Improving Regulation                                          Reduction Act’’ (44 U.S.C. Ch. 35)
                                             and Regulatory Review’’                                                                                                                             33 CFR Part 165
                                                                                                                            This final rule does not impose
                                                Executive Orders 13563 and 12866
                                                                                                                          reporting or recordkeeping requirements                                [Docket Number USCG–2018–0020]
                                             direct agencies to assess all costs and
                                                                                                                          under the Paperwork Reduction Act of                                   RIN 1625–AA87
                                             benefits of available regulatory
                                                                                                                          1995.
                                             alternatives and, if regulation is
                                             necessary, to select regulatory                                              Executive Order 13132, ‘‘Federalism’’                                  Security Zone; Choptank River,
                                             approaches that maximize net benefits                                                                                                               Cambridge, MD
                                             (including potential economic,                                                 Executive Order 13132 establishes                                    AGENCY:          Coast Guard, DHS.
                                             environmental, public health and safety                                      certain requirements that an agency
                                                                                                                          must meet when it promulgates a rule                                   ACTION:         Temporary final rule.
                                             effects, distribute impacts, and equity).
                                             Executive Order 13563 emphasizes the                                         that imposes substantial direct                                        SUMMARY:   The Coast Guard is
                                             importance of quantifying both costs                                         requirement costs on state and local                                   establishing a temporary security zone
                                             and benefits, of reducing costs, of                                          governments, preempts state law, or                                    encompassing certain waters of the
                                             harmonizing rules, and of promoting                                          otherwise has federalism implications.                                 Choptank River. This action is necessary
                                             flexibility. This rule is not a significant                                  This final rule will not have a                                        to prevent waterside threats before,
                                             regulatory action under E.O. 12866.                                          substantial effect on state and local                                  during, and after an event held at the
                                                                                                                          governments, or otherwise have                                         Hyatt Regency Chesapeake Bay Golf
                                             Executive Order 13771, ‘‘Reducing
                                                                                                                          federalism implications.                                               Resort, Spa and Marina in Cambridge,
                                             Regulation and Controlling Regulatory
                                             Costs’’                                                                                                                                             MD, during February 7–9, 2018. This
                                                                                                                          List of Subjects in 32 CFR Part 286
                                                                                                                                                                                                 rule prohibits vessels and persons from
                                               This final rule is considered an E.O.                                          Freedom of Information Act.                                        entering the security zone and requires
                                             13771 deregulatory action. Details on                                                                                                               vessels and persons in the security zone
                                             the estimated cost savings of this rule                                        Accordingly, the interim rule                                        to depart the security zone, unless
                                             are discussed in the ‘‘expected cost                                         published at 82 FR 1192–1206 on                                        specifically exempt under the
                                             savings’’ section of the rule.                                               January 5, 2017, is adopted as final with                              provisions in this rule or granted
                                                                                                                          the following changes:                                                 specific permission from the Coast
                                             Public Law 104–4, ‘‘Unfunded Mandates
                                             Reform Act’’ (2 U.S.C. Ch. 25)                                                                                                                      Guard Captain of the Port Maryland-
                                                                                                                          PART 286—[AMENDED]                                                     National Capital Region or his
                                               This final rule is not subject to the                                                                                                             designated representative.
                                             Unfunded Mandates Reform Act                                                 ■ 1. The authority citation for part 286                               DATES: This rule is effective from noon
                                             because it does not contain a federal                                        continues to read as follows:                                          on February 7, 2018, through 1 p.m. on
                                             mandate that may result in the
                                                                                                                              Authority: 5 U.S.C. 552.                                           February 9, 2018.
                                             expenditure by state, local, and tribal
                                             governments, in the aggregate, or by the                                                                                                            ADDRESSES: To view documents
                                                                                                                          § 286.7         [Amended]
                                             private sector, of $100M or more in any                                                                                                             mentioned in this preamble as being
                                             one year.                                                                    ■ 2. In § 286.7, amend paragraph (c) in                                available in the docket, go to http://
                                                                                                                          the first sentence by removing the                                     www.regulations.gov, type USCG–2018–
                                             Public Law 96–354, ‘‘Regulatory                                                                                                                     0020 in the ‘‘SEARCH’’ box, and click
                                                                                                                          phrase ‘‘inform this DoD Component’’
                                             Flexibility Act’’ (5 U.S.C. Ch. 6)                                                                                                                  ‘‘SEARCH.’’ Click on Open Docket
                                                                                                                          and adding in its place ‘‘inform them’’.
                                                It has been certified that this final rule                                                                                                       Folder on the line associated with this
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                            Dated: February 1, 2018.                                             rule.
                                             is not subject to the Regulatory
                                             Flexibility Act because it does not have                                     Aaron Siegel,                                                          FOR FURTHER INFORMATION CONTACT: If
                                             a significant economic impact on a                                           Alternate OSD Federal Register Liaison                                 you have questions on this rule, call or
                                             substantial number of small entities.                                        Officer, Department of Defense.                                        email Mr. Ronald L. Houck, Sector
                                             The rule implements the procedures for                                       [FR Doc. 2018–02302 Filed 2–5–18; 8:45 am]                             Maryland-National Capital Region
                                             processing FOIA requests within the                                          BILLING CODE 5001–06–P                                                 Waterways Management Division, U.S.


                                        VerDate Sep<11>2014        17:43 Feb 05, 2018           Jkt 244001       PO 00000        Frm 00023        Fmt 4700       Sfmt 4700     E:\FR\FM\06FER1.SGM           06FER1


                                             5198              Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Rules and Regulations

                                             Coast Guard; telephone 410–576–2674,                    zone is needed to protect VIPS (very                  importance of quantifying both costs
                                             email Ronald.L.Houck@uscg.mil.                          important persons) and the public,                    and benefits, of reducing costs, of
                                             SUPPLEMENTARY INFORMATION:                              mitigate potential terrorist acts, and                harmonizing rules, and of promoting
                                                                                                     enhance public and maritime safety and                flexibility. This rule has not been
                                             I. Table of Abbreviations                               security in order to safeguard life,                  designated a ‘‘significant regulatory
                                             COTP Captain of the Port                                property, and the environment on or                   action’’ under E.O. 12866. Accordingly,
                                             CFR Code of Federal Regulations                         near the navigable waters near the Hyatt              it has not been reviewed by the Office
                                             DHS Department of Homeland Security                     Regency Chesapeake Bay Golf Resort,                   of Management and Budget.
                                             E.O. Executive order                                    Spa and Marina in Cambridge, MD.                         This regulatory action determination
                                             FR Federal Register                                                                                           is based on the size, location, and
                                             NPRM Notice of proposed rulemaking                      IV. Discussion of the Rule                            duration of the security zone. This
                                             Pub. L. Public Law
                                             § Section
                                                                                                       An event will be held at the Hyatt                  security zone will impact the waters
                                             U.S.C. United States Code                               Regency Chesapeake Bay Golf Resort,                   affected by this rule during an
                                                                                                     Spa and Marina in Cambridge, MD,                      enforcement period of approximately
                                             II. Background Information and                          during February 7–9, 2018. A gathering                two days. Due to the time of year, the
                                             Regulatory History                                      of high-ranking U.S. officials is expected            amount of vessel traffic that will be
                                                The Coast Guard is issuing this                      to take place at this event at Cambridge,             prohibited from accessing the security
                                             temporary rule without prior notice and                 MD. This rule establishes a security                  zone is expected to be minimal. In
                                             opportunity to comment pursuant to                      zone from noon on February 7, 2018,                   addition, notifications will be made to
                                             authority under section 4(a) of the                     through 1 p.m. on February 9, 2018. The               the maritime community via marine
                                             Administrative Procedure Act (APA) (5                   security zone will include all navigable              information broadcasts so mariners may
                                             U.S.C. 553(b)). This provision                          waters of the Choptank River, within                  adjust their plans accordingly. Such
                                             authorizes an agency to issue a rule                    2,000 yards of the Hyatt Regency                      notifications will be updated as
                                             without prior notice and opportunity to                 Chesapeake Bay Golf Resort, Spa and                   necessary to keep the maritime
                                             comment when the agency for good                        Marina’s Breakwater Pavilion, in                      community informed of the status of the
                                             cause finds that those procedures are                   position latitude 38°33′54″ N, longitude              security zone.
                                             ‘‘impracticable, unnecessary, or contrary               076°02′47″ W, located in Cambridge,
                                                                                                                                                           B. Impact on Small Entities
                                             to the public interest.’’ Under 5 U.S.C.                MD. This location is entirely within the
                                             553(b)(B), the Coast Guard finds that                   Area of Responsibility of the Captain of                 The Regulatory Flexibility Act of
                                             good cause exists for not publishing a                  the Port Maryland-National Capital                    1980, 5 U.S.C. 601–612, as amended,
                                             notice of proposed rulemaking (NPRM)                    Region, as set forth at 33 CFR 3.25–15.               requires Federal agencies to consider
                                             with respect to this rule because doing                   Entry into this security zone is                    the potential impact of regulations on
                                             so would be impracticable and contrary                  prohibited, unless specifically                       small entities during rulemaking. The
                                             to the public interest. The Coast Guard                 authorized by the COTP Maryland-                      term ‘‘small entities’’ comprises small
                                             was unable to publish an NPRM and                       National Capital Region. Except for                   businesses, not-for-profit organizations
                                             hold a comment period for this                          public vessels and vessels already at                 that are independently owned and
                                             rulemaking due to the short time period                 berth, mooring, or at anchor, this rule               operated and are not dominant in their
                                             between event planners notifying the                    temporarily requires all vessels in the               fields, and governmental jurisdictions
                                             Coast Guard of the event and                            designated security zone as defined by                with populations of less than 50,000.
                                             publication of this security zone. It is                this rule to immediately depart the                   The Coast Guard certifies under 5 U.S.C.
                                             necessary for the Coast Guard to                        security zone. Coast Guard personnel                  605(b) that this rule will not have a
                                             establish this security zone for this                   will be present to prevent the movement               significant economic impact on a
                                             event to ensure the appropriate level of                of unauthorized persons into the zone.                substantial number of small entities.
                                             protection for high-ranking United                      Federal, state, and local agencies may                   While some owners or operators of
                                             States officials and the public. Delaying               assist the Coast Guard in the                         vessels intending to transit the security
                                             the rulemaking to allow for opportunity                 enforcement of this rule. The Coast                   zone may be small entities, for the
                                             for comment would be contrary to the                    Guard will issue Broadcast Notices to                 reasons stated in section V.A above, this
                                             security zone’s intended objectives of                  Mariners to further publicize the                     rule will not have a significant
                                             protecting the high-ranking United                      security zone and notify the public of                economic impact on any vessel owner
                                             States officials and the public, as it                  changes in the status of the zone. Such               or operator.
                                             would introduce vulnerability to the                    notices will continue until the event is                 Under section 213(a) of the Small
                                             safety and security of high-ranking                     complete.                                             Business Regulatory Enforcement
                                             United States officials and the general                                                                       Fairness Act of 1996 (Pub. L. 104–121),
                                             public.                                                 V. Regulatory Analyses                                we want to assist small entities in
                                                Under 5 U.S.C. 553(d)(3), the Coast                    We developed this rule after                        understanding this rule. If the rule
                                             Guard finds that good cause exists for                  considering numerous statutes and                     would affect your small business,
                                             making this temporary rule effective less               executive orders (E.O.s) related to                   organization, or governmental
                                             than 30 days after publication in the                   rulemaking. Below, we summarize our                   jurisdiction and you have questions
                                             Federal Register because doing so                       analyses based on a number of these                   concerning its provisions or options for
                                             would be impracticable and contrary to                  statutes and E.O.s, and we discuss First              compliance, please contact the person
                                             the public interest for the same reasons                Amendment rights of protestors.                       listed in the FOR FURTHER INFORMATION
                                             discussed above for forgoing notice and                                                                       CONTACT section.
                                                                                                     A. Regulatory Planning and Review                        Small businesses may send comments
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                                             comment.
                                                                                                       E.O.s 12866 and 13563 direct agencies               on the actions of Federal employees
                                             III. Legal Authority and Need for Rule                  to assess the costs and benefits of                   who enforce, or otherwise determine
                                                The Coast Guard is issuing this rule                 available regulatory alternatives and, if             compliance with, Federal regulations to
                                             under authority in 33 U.S.C. 1231. The                  regulation is necessary, to select                    the Small Business and Agriculture
                                             COTP Maryland-National Capital                          regulatory approaches that maximize                   Regulatory Enforcement Ombudsman
                                             Region has determined that a security                   net benefits. E.O. 13563 emphasizes the               and the Regional Small Business


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                                                               Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Rules and Regulations                                               5199

                                             Regulatory Fairness Boards. The                         guides the Coast Guard in complying                      Designated representative means any
                                             Ombudsman evaluates these actions                       with the National Environmental Policy                Coast Guard commissioned, warrant, or
                                             annually and rates each agency’s                        Act of 1969 (42 U.S.C. 4321–4370f), and               petty officer who has been authorized
                                             responsiveness to small business. If you                have determined that this action is one               by the Captain of the Port Maryland-
                                             wish to comment on actions by                           of a category of actions that do not                  National Capital Region to assist in
                                             employees of the Coast Guard, call 1–                   individually or cumulatively have a                   enforcing the security zone described in
                                             888–REG–FAIR (1–888–734–3247). The                      significant effect on the human                       paragraph (b) of this section.
                                             Coast Guard will not retaliate against                  environment. This rule involves
                                             small entities that question or complain                establishing a security zone that is 49                  Public vessel means a vessel that is
                                             about this rule or any policy or action                 hours in duration and is necessary to                 owned or demise-(bareboat) chartered
                                             of the Coast Guard.                                     provide security for high-ranking U.S.                by the government of the United States,
                                                                                                     officials and the public. It is                       by a state or local government, or by the
                                             C. Collection of Information                                                                                  government of a foreign country and
                                                                                                     categorically excluded from further
                                               This rule will not call for a new                     review under paragraph L60(a) of Figure               that is not engaged in commercial
                                             collection of information under the                     2–1 of Appendix A, Table 1 of DHS                     service.
                                             Paperwork Reduction Act of 1995 (44                     Instruction Manual 023–01–001–01,                        (c) Regulations. The general security
                                             U.S.C. 3501–3520).                                      Rev. 01. A Record of Environmental                    zone regulations found in 33 CFR part
                                             D. Federalism and Indian Tribal                         Consideration supporting this                         165 subpart D apply to the security zone
                                             Governments                                             determination is available in the docket              created by this section.
                                                                                                     where indicated under ADDRESSES.
                                                A rule has implications for federalism                                                                        (1) Entry into or remaining in this
                                             under E.O. 13132, Federalism, if it has                 G. Protest Activities                                 zone is prohibited unless authorized by
                                             a substantial direct effect on the states,                The Coast Guard respects the First                  the Captain of the Port (COTP). Public
                                             on the relationship between the national                Amendment rights of protesters.                       vessels and vessels already at berth,
                                             government and the states, or on the                    Protesters are asked to contact the                   mooring, or anchor at the time the
                                             distribution of power and                               person listed in the FOR FURTHER                      security zone is implemented do not
                                             responsibilities among the various                      INFORMATION CONTACT section to                        have to depart the security zone. All
                                             levels of government. We have analyzed                  coordinate protest activities so that your            vessels underway within this security
                                             this rule under that Order and have                     message can be received without                       zone at the time it is implemented are
                                             determined that it is consistent with the               jeopardizing the safety or security of                to depart the zone.
                                             fundamental federalism principles and                   people, places or vessels.
                                             preemption requirements described in                                                                             (2) Persons desiring to transit the area
                                             E.O. 13132.                                             List of Subjects in 33 CFR Part 165                   of the security zone must first obtain
                                                Also, this rule does not have tribal                   Harbors, Marine safety, Navigation                  authorization from the COTP or
                                             implications under E.O. 13175,                          (water), Reporting and recordkeeping                  designated representative. To request
                                             Consultation and Coordination with                      requirements, Security measures,                      permission to transit the area, the COTP
                                             Indian Tribal Governments, because it                   Waterways.                                            and or designated representatives can be
                                             does not have a substantial direct effect                 For the reasons discussed in the                    contacted at telephone number 410–
                                             on one or more Indian tribes, on the                    preamble, the Coast Guard amends 33                   576–2693 or on Marine Band Radio
                                             relationship between the Federal                        CFR part 165 as follows:                              VHF–FM channel 16 (156.8 MHz). The
                                             Government and Indian tribes, or on the                                                                       Coast Guard vessels enforcing this
                                             distribution of power and                               PART 165—REGULATED NAVIGATION                         section can be contacted on Marine
                                             responsibilities between the Federal                    AREAS AND LIMITED ACCESS AREAS                        Band Radio VHF–FM channel 16 (156.8
                                             Government and Indian tribes. If you                                                                          MHz). If permission is granted, persons
                                             believe this rule has implications for                  ■ 1. The authority citation for part 165              and vessels must comply with the
                                             federalism or Indian tribes, please                     continues to read as follows:
                                                                                                                                                           instructions of the COTP or designated
                                             contact the person listed in the FOR                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           representative and proceed as directed
                                             FURTHER INFORMATION CONTACT section                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             while within the zone.
                                             above.                                                  Department of Homeland Security Delegation
                                                                                                     No. 0170.1.                                              (3) Enforcement officials. The U.S.
                                             E. Unfunded Mandates Reform Act                                                                               Coast Guard may be assisted in the
                                                                                                     ■ 2. Add § 165.T05–0020 to read as
                                               The Unfunded Mandates Reform Act                      follows:                                              patrol and enforcement of the zone by
                                             of 1995 (2 U.S.C. 1531–1538) requires                                                                         Federal, State, and local agencies.
                                             Federal agencies to assess the effects of               § 165.T05–0020 Security Zone; Choptank                   (d) Enforcement period. This section
                                             their discretionary regulatory actions. In              River, Cambridge, MD.
                                                                                                                                                           will be enforced from noon on February
                                             particular, the Act addresses actions                     (a) Location. The following area is a               7, 2018, through 1 p.m. on February 9,
                                             that may result in the expenditure by a                 security zone: All navigable waters of
                                                                                                                                                           2018.
                                             State, local, or tribal government, in the              the Choptank River, within 2,000 yards
                                             aggregate, or by the private sector of                  of the Hyatt Regency Chesapeake Bay                     Dated: January 31, 2018.
                                             $100,000,000 (adjusted for inflation) or                Golf Resort, Spa and Marina’s                         Lonnie P. Harrison, Jr.
                                             more in any one year. Though this rule                  Breakwater Pavilion, in position latitude             Captain, U.S. Coast Guard, Captain of the
                                             will not result in such an expenditure,                 38°33′54″ N, longitude 076°02′47″ W,                  Port Sector Maryland-National Capital
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                                             we do discuss the effects of this rule                  located in Cambridge, MD. Coordinates                 Region.
                                             elsewhere in this preamble.                             refer to datum NAD 1983.                              [FR Doc. 2018–02282 Filed 2–5–18; 8:45 am]
                                                                                                       (b) Definitions. As used in this
                                             F. Environment                                          section:
                                                                                                                                                           BILLING CODE 9110–04–P

                                               We have analyzed this rule under                        Captain of the Port means the
                                             Department of Homeland Security                         Commander, U.S. Coast Guard Sector
                                             Management Directive 023–01 which                       Maryland-National Capital Region.


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Document Created: 2018-02-06 00:30:44
Document Modified: 2018-02-06 00:30:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from noon on February 7, 2018, through 1 p.m. on February 9, 2018.
ContactIf you have questions on this rule, call or email Mr. Ronald L. Houck, Sector Maryland-National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410-576-2674, email [email protected]
FR Citation83 FR 5197 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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