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Regulated Navigation Areas and Security Zones; Escorted Vessels--Philippine Sea, Guam, Apra Harbor, Guam and Tanapag Harbor, Saipan, Commonwealth Northern Mariana Islands
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[Federal Register: September 26, 2002 (Volume 67, Number 187)]
[Proposed Rules]
[Page 60630-60633]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se02-26]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD14-02-002]
RIN 2115-AA97
Regulated Navigation Areas and Security Zones; Escorted Vessels--
Philippine Sea, Guam, Apra Harbor, Guam and Tanapag Harbor, Saipan,
Commonwealth Northern Mariana Islands
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish regulated navigation
areas (RNAs) and security zones for vessels determined to be in need of
a Coast Guard escort by the Captain of the Port (COTP) Guam. The
security zones for these escorted vessels will close all waters of
Philippine Sea, Guam, Apra Harbor, Guam (including Cabras Island
Channel), and Tanapag Harbor, Saipan, Commonwealth Northern Mariana
Islands, within a 100-yard radius around an escorted vessel while in
the RNA. This action is necessary to protect personnel, vessels, and
facilities from sabotage or other subversive acts, accidents, or other
events of a similar nature. The RNAs will require vessels within 500
yards of an escorted vessel to travel at minimum safe speed and the
security zones will prohibit unauthorized entry within a 100-yard
radius of an escorted vessel in these RNAs. This rule is not intended
to replace or modify the existing RNAs and zones found in 33 CFR Sec.
165.1401, 33 CFR Sec. 165.1402, and 33 CFR Sec. 165.1404.
DATES: Comments and related materials must reach the Coast Guard on or
before November 25, 2002.
[[Page 60631]]
ADDRESSES: You may mail comments and material to Commanding Officer,
Coast Guard Marine Safety Office Guam, PSC 455 Box 176, FPO AP 96540-
1057. Marine Safety Office Guam maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at this location between 7 a.m. and 3:30 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Fred Meadows, Coast Guard
Marine Safety Office Guam at (671) 339-2001.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include you name
and address, identify the docket number for this rulemaking (CGD14-02-
001), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
your submission reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
In our final rule, we will include a concise general statement of
comments received and identify any changes from the proposed rule based
on the comments. If we make the final rule effective in less than
thirty (30) days after publication in the Federal Register, we will
explain our good cause for doing so as required by 5 U.S.C. 553(d)(3).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Marine Safety Office Guam at the
address under ADDRESSES explaining why one would be beneficial. If we
determine that one would aid this rulemaking, we will hold one at a
time and place announced by a separate notice in the Federal Register.
Background and Purpose
Terrorist incidents within the United States on September 11, 2001
have called for the implementation of measures to protect U.S. seaports
and transportation infrastructure. In addition, national security and
intelligence officials warn that future terrorist attacks against
civilian targets are anticipated and that U.S. seaports are
particularly vulnerable. These rules are intended to provide for the
safety and security of the public, maritime commerce, and
transportation by protecting persons, vessels, and seaport facilities
in the waters of Philippine Sea, Guam, Apra Harbor, Guam, and Tanapag
Harbor, Saipan, Commonwealth Northern Mariana Islands (CNMI). These
rules are intended to enable the COTP Guam to provide effective port
security, while minimizing the publics' confusion and ease the
administrative burden of implementing separate temporary security zones
for each escorted vessel.
Discussion of Proposed Rule
The Coast Guard proposes to establish RNAs and security zones for
vessels determined by the COTP to be in need of a Coast Guard escort.
The security zones will close all waters of Philippine Sea, Guam, Apra
Harbor, Guam (including Cabras Island Channel), and Tanapag Harbor,
Saipan (CNMI), within a 100-yard radius around each escorted vessel in
transit, at anchor, or while moored in a regulated navigation area.
These security zones are necessary to protect personnel, vessels,
seaport facilities, and other transportation infrastructure from acts
of sabotage or other subversive acts, accidents, or other events of a
similar nature. These security zones extend from the surface of the
water to the ocean floor. Entry into these zones is prohibited unless
authorized by the COTP Guam. Representatives of the COTP will enforce
these security zones. The COTP may be assisted by other federal or
state agencies. Periodically, by Broadcast Notice to Mariners, the
Coast Guard will announce the existence or status of the security zones
in this rule. The RNAs will require vessels within 500 yards of an
escorted vessel to travel at minimum safe speed and the security zones
will prohibit unauthorized entry within a 100-yard radius of an
escorted vessel in these RNAs.
Regulatory Evaluation
The 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 U.S. Coast
Guard expects the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10(e) of the
regulatory policies and procedures of DOT is unnecessary. This
expectation is based on the limited duration of the zones. Vessels will
also be able to transit the RNAs freely outside of any security zones.
In addition, the COTP may allow vessels in the security zones on a
case-by-case basis.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this 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. No small business impacts are anticipated due to the
small size of the zones and the short duration of the security zones in
any one area.
Assistance for Small Entities
Under section 231(a) of the Small Business Regulatory Enforcement
Fairness Act of 1968 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Lieutenant Fred
Meadows, Coast Guard Marine Safety Office Guam, at (671) 339-2001.
Collection of Information
This proposed rule would call 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
government and would either preempt State law or impose a substantial
direct cost of compliance on them. The Coast Guard
[[Page 60632]]
has analyzed this proposed rule under that Order and has 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 proposed rule will not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
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
We have 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
create 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, 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. 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.
Energy Effects
We have 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.
Environment
We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph (34)(g) of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket 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 proposes
to amend 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, and 160.5; 49 CFR 1.46.
2. Add Sec. 165.1405 to read as follows:
Sec. 165.1405 Regulated Navigation Areas and Security Zones;
Designated Escorted Vessels--Philippine Sea and Apra Harbor, Guam
(including Cabras Island Channel), and Tanapag Harbor, Saipan,
Commonwealth Northern Mariana Islands (CNMI).(a) Regulated navigation
area. The following areas, designated by coordinates referencing World
Geodetic Datum (1984), are regulated navigation areas (RNAs).
(1) Philippine Sea, Guam--All waters from the surface to the bottom
of the Philippine Sea, Guam, encompassed by lines connecting the
following points, beginning at 13[deg]27'10'' N, 144[deg]35'05'' E,
thence easterly to 13[deg]27'17'' N, 144[deg]37'27'' E, thence south
westerly to 13[deg]26'52'' N, 144[deg]37'05'' E, thence westerly to
13[deg]26'37'' N, 144[deg]35'05'' E, thence due north back to point of
origin.
(2) Apra Harbor, Guam--All waters from surface to bottom of Apra
Harbor, Guam, shoreward of the COLREGS Demarcation as described in 33
CFR 80.
(3) Tanapag Harbor--The waters from surface to bottom of Tanapag
Harbor, Saipan (CNMI), encompassed by lines connecting the following
points, beginning at 15[deg]12'10'' N, 145[deg]40'28'' E, thence north
easterly to 15[deg]14'08'' N, 145[deg]42'00'' E, thence due east to
15[deg]14'08'' N, 145[deg]44'02'' E, thence south easterly to
15[deg]13'54'' N, 144[deg]44'20'' E, thence south westerly along the
shoreline to 15[deg]13'11'' N, 145[deg]43'01'' E, thence southwesterly
to 15[deg]12'10'' N, 145[deg]40'28'' E.
(4) Cabras Island Channel, Guam--All waters from surface to bottom
of Cabras Island Channel, Guam, beginning at point 13[deg]27'34'' N,
144[deg]39'39'' E and extending southeasterly to position
13[deg]27'24'' N, 144[deg]39'59'' E then heading easterly along the
shoreline to position 13[deg]27'31'' N, 144[deg]40'22'' E then heading
north to position 13[deg]27'37'' N, 144[deg]40'22'' E following the
shoreline in a westerly direction back to point of origin.
(b) Security zones. A 100-yard radius security zone is established
around, and is centered on, each escorted vessel within the regulated
navigation areas in paragraph (a) of this section. A security zone is
activated when an escorted vessel enters an RNA and remains active
until the escorted vessel leaves the RNA. This is a moving security
zone when the escorted vessel is in transit and becomes a fixed zone
when the escorted vessel is anchored or moored. A security zone will
not extend beyond the boundary of the RNA in this section.
(c) Definitions. As used in this section:
(1) Escorted Vessel means any vessel operating in the RNA deemed by
the COTP to be in need of escort protection for security reasons or
under other circumstances. A designated representative aboard a Coast
Guard cutter or patrol boat will accompany vessels deemed in need of
escort protection into the RNA.
(2) Navigation rules mean international and inland navigation rules
in 33 CFR chapter I, subchapters D and E.
(3) 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.
(4) Designated representative means any Coast Guard commissioned,
warrant, or petty officer that has been authorized to act on behalf of
the COTP.
(d) Regulations. (1) No person or vessel may enter into the
security zones under this section unless authorized by
[[Page 60633]]
the COTP Guam or a designated representative.
(2) A vessel in the RNA established under paragraph (a) of this
section operating within 500 yards of an escorted vessel must proceed
at a minimum speed necessary to maintain a safe course, unless required
to maintain speed by the navigation rules.
(3) When an escorted vessel in the RNA approaches within 100 yards
of a vessel that is moored, or anchored in a designated anchorage area,
the stationary vessel must stay moored or anchored while it remains
within the escorted vessel's security zone unless it is either ordered
by, or given permission from the COTP Guam or a designated
representative to do otherwise.
(4) The COTP will inform the public of the existence or status of
the security zones around escorted vessels in the RNA periodically by
Broadcast Notice to Mariners.
(5) Persons or vessels that must enter a security zone or exceed
speed limits established in this section may contact the COTP at
command center telephone number (671) 339-6100 or on VHF channel 16
(156.8 Mhz) to request permission.
(6) All persons and vessels within 500 yards of an escorted vessel
in the RNA must comply with the orders of the COTP Guam or his
designated representatives.
(e) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
Dated: September 12, 2002.
G.A. Wiltshire,
Acting Captain, U.S. Coast Guard, Commander, Fourteenth Coast Guard
District.
[FR Doc. 02-24444 Filed 9-25-02; 8:45 am]
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