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Safety and Security Zones; High Interest Vessel Transits, Narragansett Bay, Providence River, and Taunton River, RI
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[Federal Register: June 20, 2002 (Volume 67, Number 119)]
[Proposed Rules]
[Page 41911-41914]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn02-30]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-02-065]
RIN 2115-AA97
Safety and Security Zones; High Interest Vessel Transits,
Narragansett Bay, Providence River, and Taunton River, RI
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish permanent safety and
security zones around high interest vessels (HIVs) while those vessels
are operating within Rhode Island Sound, Narragansett Bay and the
Providence and Taunton Rivers. This proposed rule would also create
safety and security zones around HIVs and adjacent land areas while
HIVs are moored at waterfront facilities in the Providence Captain of
the Port zone. The safety and security zones are needed to safeguard
the public, high interest vessels and their crews, and other vessels
and their crews, and the Port of Providence, Rhode Island from sabotage
or other subversive acts, accidents, or other causes of a similar
nature.
DATES: Comments and related materials must reach the Coast Guard on or
before August 5, 2002.
ADDRESSES: You may mail comments and related material to Marine Safety
Office Providence, 20 Risho Avenue, East Providence, Rhode Island
02914. Marine Safety Office Providence maintains the public docket for
this rulemaking. Comments and materials received from the public, as
well as
[[Page 41912]]
documents indicated in this preamble as being available in the docket,
will become part of the docket (CGD01-02-065) and will be available for
inspection or copying at Marine Safety Office Providence between the
hours of 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: LT David C. Barata at Marine Safety
Office Providence, at (401) 435-2335.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD01-02-065) and the specific section of
this document to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes. The Coast Guard will consider all comments received during
the comment period. It may change this proposed rule in view of the
comments.
Public Hearing
The Coast Guard plans no public hearing regarding this rulemaking.
Persons may request a public hearing by writing to the Waterways
Oversight Branch at the address under ADDRESSES. The request should
include the reasons why a hearing would be beneficial. If it determines
that the opportunity for oral presentations will aid this rulemaking,
the Coast Guard will hold a public hearing at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
In light of terrorist attacks on New York City and Washington, DC
on September 11, 2001, and the continuing concern for future terrorist
acts against the United States, permanent safety and security zones are
proposed to safeguard various high interest vessels transiting
Narragansett Bay en route commercial facilities in the upper Providence
River and Taunton River. For purposes of this proposed rulemaking, high
interest vessels operating in the Providence Captain of the Port zone
include barges or ships carrying liquefied petroleum gas (LPG),
liquefied natural gas, chlorine, anhydrous ammonia, or any other cargo
deemed to be high interest by the Captain of the Port. Title 33 CFR
165.121 currently provides for safety zones for LPG vessels while at
anchor in Rhode Island Sound, while transiting Narragansett Bay and the
Providence River, and while LPG vessels are either moored at the Port
of Providence LPG facility or at the manifolds connected at the Port of
Providence LPG facility. However, in light of the current terrorist
threats to national security, this zone is insufficient to protect LPG
vessels while anchored in Rhode Island Sound, or while a vessel is
transiting or moored in the Port of Providence. Moreover, this proposed
rulemaking is necessary to protect other high interest vessels not
currently covered by 33 CFR 165.121. This proposed rulemaking would
revise 33 CFR 165.121 to cover HIV transits and while vessels are
moored at facilities, as described below.
This rulemaking proposes to make permanent the temporary safety and
security zones established on October 6, 2001, published at 66 FR
64144. That rulemaking created temporary safety and security zones
around high interest vessels in the Providence, Rhode Island Captain of
the Port Zone, identical to those proposed to be made permanent in this
rulemaking. That rulemaking was effective until June 15, 2002. The
temporary rulemaking was extended until September 15, 2002, by a notice
in the Federal Register dated May 17, 2002 (67 FR 35035).
Discussion of Proposed Rule
The proposed safety and security zones are needed to protect high
interest vessels, their crews, and the public, from harmful or
subversive acts, accidents or other causes of a similar nature. The
proposed safety and security zones would have identical boundaries, as
follows: (1) All waters of Rhode Island Sound within a one half mile
radius of any high interest vessel while the vessel is anchored within
one half mile of the position Latitude 41 deg.25' N, Longitude
71 deg.23' W in the Narragansett Bay Precautionary Area; (2) all waters
of Rhode Island Sound, Narragansett Bay, the Providence and Taunton
Rivers two (2) miles ahead and one (1) mile astern and extending 1000
yards on either side of any high interest vessel transiting
Narragansett Bay, or the Providence and Taunton Rivers; (3) all waters
and land within a 1000-yard radius of any high interest vessel moored
at a waterfront facility in the Providence Captain of the Port zone.
No person or vessel would be able to enter or remain in the
prescribed safety and security zones at any time without the permission
of the Captain of the Port. Each person or vessel in a safety and
security zone would be required to obey any direction or order of the
Captain of the Port or designated Coast Guard representative on-scene.
The Captain of the Port would be able to take possession and control of
any vessel in a security zone and/or remove any person, vessel, article
or thing from a security zone. No person would be able to board, take
or place any article or thing on board any vessel or waterfront
facility in a security zone without permission of the Captain of the
Port. The public would be made aware of dates and times during which
the safety and security zones will be enforced through a Marine Safety
Information Radio Broadcast on channel 22 (157.1 MHz). Any violation of
any safety or security zone proposed herein, would be punishable by,
among others, civil penalties (not to exceed $25,000 per violation,
where each day of a continuing violation is a separate violation),
criminal penalties (imprisonment for not more than 10 years and a fine
of not more than $100,000), in addition to liability against the
offending vessel, and license sanctions. This regulation is proposed
under the authority contained in 50 U.S.C. 191, 33 U.S.C. 1223, 1225
and 1226.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
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 Coast Guard expects the economic impact of this proposed rule
to be so minimal that a full regulatory evaluation under paragraph 10e
of the regulatory policies and procedures of DOT is unnecessary. The
proposed sizes of the zones are the minimum necessary to provide
adequate protection for high interest vessels and their crews, other
vessels operating in the vicinity of high interest vessels and their
crews, adjoining areas, and the public. The entities most likely to be
affected are commercial vessels transiting the main ship channel en
route the upper Providence River and Taunton River and pleasure craft
engaged in recreational activities and sightseeing. The proposed safety
and security zones would prohibit any commercial vessels from meeting
or overtaking a high interest vessel in the main ship channel,
[[Page 41913]]
effectively prohibiting use of the channel. However, the zones would
only be effective during the vessel transits, which would last for
approximately three hours. In addition, vessels would be able to safely
transit around the zones while a vessel is moored or at anchor in Rhode
Island Sound. Additionally, the Captain of the Port would be able to
allow persons to enter the zone on a case-by-case basis.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would 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 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which may be small entities: The owners or operators
of vessels intending to transit the main ship channel in Narragansett
Bay, Providence River, and the Taunton River at the same time as high
interest vessels, and vessels transiting in the vicinity of moored high
interest vessels. The proposed safety and security zones would not have
a significant economic impact on a substantial number of small entities
for several reasons: Small vessel traffic would be able to pass safely
around the zones and vessels engaged in recreational activities,
sightseeing and commercial fishing have ample space outside of the
safety and security zones to engage in these activities. When a high
interest vessel is at anchor, vessel traffic would have ample room to
maneuver around the safety and security zones. The outbound and inbound
transit of a high interest vessel would each last a maximum of three
hours. Although this proposed rule would prohibit simultaneous use of
the channel, this prohibition is of short duration and marine
advisories would be issued prior to transit of a high interest vessel.
While a high interest vessel is moored, commercial traffic and small
recreational traffic would have an opportunity to coordinate movement
through the safety and security zones with the patrol commander. Before
the effective period, we will issue maritime advisories widely
available to users of the area.
Assistance for Small Entities
Under section 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 rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
If your small business or organization would be affected by this rule
and you have questions concerning its provisions or options for
compliance, please call LT David C. Barata, at (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 proposed rule calls for no collection of information
requirements under the Paperwork Reduction Act (44 U.S.C. 3501-3520.).
Federalism
The Coast Guard has analyzed this action under Executive Order
13132, Federalism, and has determined that this proposed rule does not
have implications for federalism 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 having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule will not affect 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 proposed 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
The Coast Guard has analyzed this proposed 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 proposed 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.
We invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Environment
The Coast Guard has considered the environmental impact of
implementing this proposed rule and concluded that under figure 2-1,
paragraph 34(g) of Commandant Instruction M16475.1D, this proposed rule
is categorically excluded from further environmental documentation. A
``Categorical Exclusion Determination'' is available in the docket.
Energy Effects
The Coast Guard has analyzed this proposed rule under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use. We have determined that it is not
a ``significant energy action'' under that Order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. It has not been designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping
[[Page 41914]]
requirements, Security measures, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. Revise Sec. 165.121 to read as follows:
Sec. 165.121 Safety and Security Zones; High Interest Vessels,
Narragansett Bay, Rhode Island.
(a) Location. (1) All waters of Rhode Island Sound within a one
half mile radius of any high interest vessel while the vessel is
anchored within one half mile of the point Latitude 41 deg.25' N,
Longitude 71 deg.23' W in the Narragansett Bay Precautionary Area; (2)
All waters of Rhode Island Sound, Narragansett Bay, the Providence and
Taunton Rivers two (2) miles ahead and one (1) mile astern, and
extending 1000 yards on either side of any high interest vessel
transiting Narragansett Bay, or the Providence and Taunton Rivers; (3)
all waters and land within a 1000-yard radius of any high interest
vessel moored at a waterfront facility in the Providence Captain of the
Port zone.
(b) Regulations.
(1) Entry into or movement within these zones, including below the
surface of the water, during times in which high interest vessels are
present and the zones are enforced is prohibited unless authorized by
the COTP (Captain of the Port) Providence or authorized representative.
(2) The general regulations covering safety and security zones in
Sec. 165.23 and Sec. 165.33 of this part apply.
(3) All persons and vessels shall comply with the instructions of
the COTP, and the designated on-scene U.S. Coast Guard personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, local, state, and federal law enforcement vessels.
Dated: May 23, 2002.
Mark G. VanHaverbeke,
Captain, Coast Guard, Captain of the Port.
[FR Doc. 02-15610 Filed 6-19-02; 8:45 am]
BILLING CODE 4910-15-P