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Safety and Security Zones: USS Hawes Port Visit, Newport, RI.
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[Federal Register: May 24, 2001 (Volume 66, Number 101)]
[Rules and Regulations]
[Page 28657-28659]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my01-10]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-01-064]
RIN 2115-AA97
Safety and Security Zones: USS Hawes Port Visit, Newport, RI.
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety and security
zones off the coast of Newport Naval Station, Newport, Rhode Island,
during the port visit of the USS HAWES to the Newport Naval Station,
Newport, Rhode Island. The safety and security zone are needed to
safeguard the public, the area encompassing Coddington Cove and the USS
HAWES and her crew from sabotage or other subversive acts, accidents,
or other causes of a similar nature. Entry into these zones is
prohibited unless authorized by the Captain of the Port, Providence,
Rhode Island or his authorized patrol representative.
DATES: This rule is effective from 6 a.m., Thursday, May 31, 2001, to
12 midnight on Sunday, June 3, 2001.
ADDRESSES: Documents as indicated in this preamble are available for
inspection and copying at Marine Safety Office Providence, 20 Risho
Avenue, East Providence, Rhode Island between the hours of 8 a.m. and 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Casey L. Chmielewski at Marine
Safety Office Providence, (401) 435-2335.
SUPPLEMENTARY INFORMATION:
Regulatory Information
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation. Good cause exists for making it
effective less then 30 days after Federal Register publication. Good
cause exists for not publishing a NPRM for this regulation. Due to the
sensitive and unpredictable nature of the USS HAWES's schedule, the
Coast Guard received insufficient notice to publish proposed rules in
advance of the event. Any delay encountered in this regulation's
effective date would be contrary to public interest since immediate
action is needed to protect the USS HAWES, her crew, the public and the
area adjoining Coddington Cove.
Background and Purpose
From May 31, 2001, to June 3, 2001, the USS HAWES will be berthed
at Pier 2 on the Newport Naval Station, Newport, RI. Pier 2 is located
within Coddington Cove, along the East Passage of Narragansett Bay. The
safety and security zones are needed to protect the USS HAWES, her crew
and the public from harmful or subversive acts, accidents or other
causes of a similar nature in the vicinity of Coddington Cove. The
safety and security zones have identical boundaries. All persons, other
than those approved by the Captain of the Port or his authorized patrol
representative will be prohibited from the zones. The zones encompass
the area within a line drawn from the western most edge of the
chartered breakwater to the western most edge of Pier 1. The public
will be made aware of the safety and security zones through a Broadcast
Notice to Mariners made
[[Page 28658]]
from U.S. Coast Guard Group Woods Hole. U.S. Navy personnel will assist
in the enforcement of these zones.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. The
Office of Management and Budget has not reviewed it under that order.
It is not significant under the regulatory policies and procedures of
the Department of Transportation (DOT) (44 FR 11040; February 26,
1979). The sizes of the zones are the minimum necessary to provide
adequate protection for the USS HAWES, her crew, adjoining areas, and
the public. The entities most likely to be affected are lobstermen
engaged in setting and retrieving pots and pleasure craft engaged in
recreational activities and sightseeing. These individuals and vessels
have ample space outside of the safety and security zones to engage in
these activities and therefore they will not be subject to undue
hardship. Commercial vessels, excluding lobstermen, do not normally
transit the area of the safety and security zones. Any lobstermen who
have gear deployed within the safety and security zones, may request
permission from the COTP or his authorized patrol representative to
enter the zones to retrieve their gear. Any hardships experienced by
persons or vessels are considered minimal compared to the national
interest in protecting the USS HAWES and the public.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses and 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 section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not
have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit into Coddington Cove from May 31, 2001 to June 3, 2001. The
safety and security zones will not have a significant economic impact
on a substantial number of small entities for the following reasons.
Vessel traffic can pass safely around the area and only a small number
of commercial fishing vessels operate in the area. Vessels engaged in
recreational activities, sightseeing and commercial fishing have ample
space outside of the safety and security zones to engage in these
activities. Before the effective period, we will issue maritime
advisories widely available to users of the area.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard
wants to assist small entities in understanding this final rule so that
they can better evaluate its effects on them and participate in the
rulemaking. If your small business or organization would be affected by
this final rule and you have questions concerning its provisions or
options for compliance, please call LT Casey Chmielewski, telephone
(401) 435-2335. 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
comments on actions by employees of the Coast Guard, call 1-888-REG-
FAIR (1-888-734-3247).
Collection of Information
This rule calls for no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
We have analyzed this action under Executive Order 13132, and have
determined that this rule does not have federalism implications under
that order.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those unfunded mandate costs. This rule will not impose an unfunded
mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments. A
rule with tribal implications has a substantial direct effect on one or
more Indian tribe, 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.
Environment
The Coast Guard considered the environmental impact of these
regulations and concluded that under Figure 2-1, paragraph 34(g) of
Commandant Instruction M16475.1C, this rule is categorically excluded
from further environmental documentation. A written Categorical
Exclusion Determination is available in the docket for inspection or
copying 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 set out in the preamble, the Coast Guard amends 33
CFR Part 165 as follows:
1. The authority citation for Part 165 continues to read as
follows:
Authority: Sec. 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T01-064 to read as follows:
[[Page 28659]]
Sec. 165.T01-064 Safety and security zones: USS HAWES port visit;
Newport, RI.
(a) Location. The following area has been declared both a safety
zone and a security zone: From a point beginning on land at Latitude 41
degrees 32' 13" N, Longitude 071 degrees 18' 43" W; thence westward
along the breakwater to a point on the breakwater at Latitude 41
degrees 31' 58" N, Longitude 071 degrees 19' 28" W; thence
southeasterly 1100 yards to a point on the end of Pier 1 at Latitude 41
degrees 31' 38" N, Longitude 071 degrees 19' 06" W; thence east to a
point on land at Latitude 41 degrees 31' 43" N, Longitude 071 degrees
18' 47" W; thence north along the shoreline to the beginning point.
(b) Effective date. This rule is effective from 6 a.m. on Thursday,
May 31, 2001, until 12 midnight on Sunday, June 3, 2001.
(c) Regulations.
(1) In accordance with the general regulations in 165.23 and 165.33
of this part, entry into or movement within these zones is prohibited
unless authorized by the COTP Providence or his authorized patrol
representative.
(2) No person may swim upon or below the surface of the water
within the boundaries of the safety and security zones.
(3) All persons and vessels shall comply with the instructions of
the COTP, the designated on-scene U.S. Coast Guard or Navy patrol
personnel. U.S. Coast Guard patrol personnel include commissioned,
warrant, and petty officers of the U.S. Coast Guard. Navy patrol
personnel include commissioned, warrant, and petty officers of the U.S.
Navy.
(4) The general regulations covering safety and security zones in
section 165.23 and 165.33, respectively, of this part apply.
Dated: May 10, 2001.
Mark G. VanHaverbeke,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-12979 Filed 5-23-01; 8:45 am]
BILLING CODE 4910-15-U