Protection of Naval Vessels
[Federal Register: May 13, 2002 (Volume 67, Number 92)]
[Rules and Regulations]
[Page 31958-31961]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my02-15]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[LANT AREA-02-001]
RIN 2115-AG33
Protection of Naval Vessels
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing regulations for the safety and
security of U.S. naval vessels in the navigable waters of the United
States. Naval vessel protection zones will provide for the regulation
of vessel traffic in the vicinity of many U.S. naval vessels in the
navigable waters of the United States.
DATES: This rule is effective beginning June 15, 2002.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket LANTAREA 02-001 and are available for inspection or
copying at Commander (Amr), Coast Guard Atlantic Area, 431 Crawford
Street, Portsmouth, VA 23704-5004 between 9 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Commander Chris Doane, Commander
(Amr), Coast Guard Atlantic Area, 431 Crawford Street, Portsmouth, VA
23704-5004; telephone number (757) 398-6372.
SUPPLEMENTARY INFORMATION:
[[Page 31959]]
Regulatory Information
On September 21, 2001, the Coast Guard published a temporary final
rule entitled ``Protection of Naval Vessels'' in the Federal Register
(66 FR 48779). The temporary final rule continues until June 15, 2002.
On February 21, 2002, we published a notice of proposed rulemaking
(NPRM) entitled ``Protection of Naval Vessels'' in the Federal Register
(67 FR 7992). We received no letters commenting on the proposed rule.
No public hearing was requested, and none was held.
Background and Purpose
These zones are necessary to provide for the safety and security of
United States naval vessels in the navigable waters of the United
States. The regulations are issued under the authority contained in 14
U.S.C. 91. Prior to issuing the temporary final rule on September 21,
2001, no regulation existed implementing 14 U.S.C. 91.
We determined that a continuing need existed for the protection of
naval vessels. Therefore, we are establishing a final rule that will
replace the temporary rule.
The temporary final rule continues until June 15, 2002. The
permanent final rule becomes effective June 15, 2002.
Discussion of Comments and Changes
We received no comments on the proposed rule. Therefore, we have
made no changes and plan to implement the provisions of the proposed
rule as written.
Regulatory Evaluation
This 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).
Although this regulation restricts access to the regulated area,
the effect of this regulation will not be significant because: (i)
individual naval vessel protection zones are limited in size; (ii) the
Coast Guard, senior naval officer present in command, or official
patrol may authorize access to the naval vessel protection zone; (iii)
the naval vessel protection zone for any given transiting naval vessel
will only effect a given geographical location for a limited time; and
(iv) when conditions permit, the Coast Guard, senior naval officer
present in command, or the official patrol should give advance notice
of all naval vessel movements on VHF-FM channel 16 so mariners can
adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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, 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 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 operate
near or anchor in the vicinity of U.S. naval vessels in the navigable
waters of the United States.
This regulation will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i)
Individual naval vessel protection zones are limited in size; (ii) the
official patrol may authorize access to the naval vessel protection
zone; (iii) the naval vessel protection zone for any given transiting
naval vessel will only affect a given geographic location for a limited
time; and (iv) when conditions permit, the Coast Guard, senior naval
officer present in command, or the official patrol should give advance
notice of all naval vessel movements on VHF-FM channel 16 so mariners
can adjust their plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want 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 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 address listed under
ADDRESSES.
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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.
[[Page 31960]]
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would 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.
Energy Effects
We have analyzed this 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.
Environment
We have considered the environmental impact of this rule and
concluded that, under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket for inspection and copying where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Protection of naval
vessels, 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
1. The authority citation for part 165 subpart G reads as follows:
Authority: 14 U.S.C. 91 and 633; 49 CFR 1.45.
2. Subpart G is added to part 165 to read as follows:
Subpart G--Protection of Naval Vessels
Sec.
165.2010 Purpose.
165.2015 Definitions.
165.2020 Enforcement authority.
165.2025 Atlantic Area.
Subpart G--Protection of Naval Vessels
Sec. 165.2010 Purpose.
This subpart establishes the geographic parameters of naval vessel
protection zones surrounding U.S. naval vessels in the navigable waters
of the United States. This subpart also establishes when the U.S. Navy
will take enforcement action in accordance with the statutory
guidelines of 14 U.S.C. 91. Nothing in the rules and regulations
contained in this subpart shall relieve any vessel, including U.S.
naval vessels, from the observance of the Navigation Rules. The rules
and regulations contained in this subpart supplement, but do not
replace or supercede, any other regulation pertaining to the safety or
security of U.S. naval vessels.
Sec. 165.2015 Definitions.
The following definitions apply to this subpart:
Atlantic Area means that area described in 33 CFR 3.04-1 Atlantic
Area.
Large U.S. naval vessel means any U.S. naval vessel greater than
100 feet in length overall.
Naval defensive sea area means those areas described in 32 CFR part
761.
Naval vessel protection zone is a 500-yard regulated area of water
surrounding large U.S. naval vessels that is necessary to provide for
the safety or security of these U.S. naval vessels.
Navigable waters of the United States means those waters defined as
such in 33 CFR part 2.
Navigation rules means the Navigation Rules, International-Inland.
Official patrol means those personnel designated and supervised by
a senior naval officer present in command and tasked to monitor a naval
vessel protection zone, permit entry into the zone, give legally
enforceable orders to persons or vessels within the zone, and take
other actions authorized by the U.S. Navy.
Pacific Area means that area described in 33 CFR 3.04-3 Pacific
Area.
Restricted area means those areas established by the Army Corps of
Engineers and set out in 33 CFR part 334.
Senior naval officer present in command is, unless otherwise
designated by competent authority, the senior line officer of the U.S.
Navy on active duty, eligible for command at sea, who is present and in
command of any part of the Department of Navy in the area.
U.S. naval vessel means any vessel owned, operated, chartered, or
leased by the U.S. Navy; any pre-commissioned vessel under construction
for the U.S. Navy, once launched into the water; and any vessel under
the operational control of the U.S. Navy or a Combatant Command.
Vessel means every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of
transportation on water, except U.S. Coast Guard or U.S. naval vessels.
Sec. 165.2020 Enforcement authority.
(a) Coast Guard. Any Coast Guard commissioned, warrant or petty
officer may enforce the rules and regulations contained in this
subpart.
(b) Senior naval officer present in command. In the navigable
waters of the United States, when immediate action is required and
representatives of the Coast Guard are not present or not present in
sufficient force to exercise effective control in the vicinity of large
U.S. naval vessels, the senior naval officer present in command is
responsible for the enforcement of the rules and regulations contained
in this subpart to ensure the safety and security of all large naval
vessels present. In meeting this responsibility, the senior naval
officer present in command may directly assist any Coast Guard
enforcement personnel who are present.
Sec. 165.2025 Atlantic Area.
(a) This section applies to any vessel or person in the navigable
waters of the United States within the boundaries of the U.S. Coast
Guard Atlantic Area, which includes the First, Fifth, Seventh, Eighth
and Ninth U.S. Coast Guard Districts.
Note to Sec. 165.2025 paragraph (a): The boundaries of the U.S.
Coast Guard Atlantic Area and the First, Fifth, Seventh, Eighth and
Ninth U.S. Coast Guard Districts are set out in 33 CFR part 3.
(b) A naval vessel protection zone exists around U.S. naval vessels
greater than 100 feet in length overall at all times in the navigable
waters of the United States, whether the large U.S. naval vessel is
underway, anchored, moored, or within a floating drydock, except when
the large naval vessel is moored or anchored within a restricted area
or within a naval defensive sea area.
(c) The Navigation Rules shall apply at all times within a naval
vessel protection zone.
[[Page 31961]]
(d) When within a naval vessel protection zone, all vessels shall
operate at the minimum speed necessary to maintain a safe course,
unless required to maintain speed by the Navigation Rules, and shall
proceed as directed by the Coast Guard, the senior naval officer
present in command, or the official patrol. When within a naval vessel
protection zone, no vessel or person is allowed within 100 yards of a
large U.S. naval vessel unless authorized by the Coast Guard, the
senior naval officer present in command, or official patrol.
(e) To request authorization to operate within 100 yards of a large
U.S. naval vessel, contact the Coast Guard, the senior naval officer
present in command, or the official patrol on VHF-FM channel 16.
(f) When conditions permit, the Coast Guard, senior naval officer
present in command, or the official patrol should:
(1) Give advance notice on VHF-FM channel 16 of all large U.S.
naval vessel movements; and
(2) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to pass within 100 yards of a
large U.S. naval vessel in order to ensure a safe passage in accordance
with the Navigation Rules; and
(3) Permit commercial vessels anchored in a designated anchorage
area to remain at anchor when within 100 yards of passing large U.S.
naval vessels; and
(4) Permit vessels that must transit via a navigable channel or
waterway to pass within 100 yards of a moored or anchored large U.S.
naval vessel with minimal delay consistent with security.
Note to Sec. 165.2025 paragraph (f): The listed actions are
discretionary and do not create any additional right to appeal or
otherwise dispute a decision of the Coast Guard, the senior naval
officer present in command, or the official patrol.
Dated: April 26, 2002.
Thad W. Allen,
Vice Admiral, U.S. Coast Guard, Commander, Atlantic Area.
[FR Doc. 02-11919 Filed 5-10-02; 8:45 am]
BILLING CODE 4910-15-P
![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}