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Regulated Navigation Areas, Safety and Security Zones; Long Island Sound Marine Inspection and Captain of the Port Zone
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 15, 2003 (Volume 68, Number 158)]
[Rules and Regulations]
[Page 48798-48803]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15au03-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-02-104]
RIN 1625-AA00, AA11
Regulated Navigation Areas, Safety and Security Zones; Long
Island Sound Marine Inspection and Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) and two safety and security zones. The rule regulates the
circumstances under which certain vessels may enter, transit or operate
within the RNA and excludes all vessels from operating within the
prescribed safety and security zones without first obtaining
authorization from the Captain of the Port. This action is necessary to
ensure public safety and prevent sabotage or other subversive acts.
DATES: This rule is effective August 16, 2003.
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 CGD01-02-104, and are available for inspection or
copying at Group/MSO Long Island Sound, New Haven, CT, between 9 a.m.
and 3 p.m., Monday through Friday, except Federal holidays
FOR FURTHER INFORMATION CONTACT: Lieutenant A. Logman, Waterways
Management Officer, Coast Guard Group/Marine Safety Office Long Island
Sound at (203) 468-4429.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 20, 2003, we published a notice of proposed rulemaking
(NPRM) entitled ``Regulated Navigation Areas, Safety and Security
Zones; Long Island Sound Marine Inspection and Captain of the Port
Zone'' in the Federal Register (68 FR 13643). We received two (2)
letters commenting on the proposed rule. No public hearing was
requested, and none was held.
Good cause exists for making this regulation effective on August
16, 2003, in less than 30 days after Federal Register publication.
Delaying publication is unnecessary for the following reasons: Several
of the permanent regulations described herein have been in effect as
temporary regulations since December 10, 2001 with no adverse impact;
the public has had significant and adequate advanced knowledge of the
intent to implement these as permanent regulations through the notice
and comment rulemaking process, as well as through outreach to the
maritime community by the Captain of the Port (COTP) Long Island Sound;
and the NPRM stated this regulation was designed to replace temporary
security measures expiring on August 15, 2003. Thus the public has had
significant advanced knowledge of these regulations and that it was
necessary that they be effective by August 16, 2003. Any delay
encountered in this regulation's effective date would also be contrary
to public interest. As discussed in the Background and Purpose section
below, these regulations are necessary to address potential terrorist
threats in the Long Island Sound Marine Inspection and Captain of the
Port Zone on a permanent basis. If the temporary regulations were to
expire on August 15, 2003 without permanent regulations being
implemented, vessels, waterfront facilities, the maritime community,
public infrastructure, and the public in general in the Long Island
Sound Marine Inspection and Captain of the Port Zone would be left
vulnerable to possible sabotage or other subversive acts, accidents or
other causes of a similar nature.
Background and Purpose
On September 11, 2001, two commercial aircraft were hijacked from
Logan Airport in Boston, Massachusetts and flown into the World Trade
Center in New York, NY inflicting catastrophic human casualties and
property damage. A similar attack was conducted on the Pentagon with a
plane launched from Newark, NJ on the same day. National security and
intelligence officials warn that future terrorist attacks are likely.
Vessels operating within the Long Island Sound Marine Inspection
and Captain of the Port (COTP) Zone present potential targets of
terrorist attack or platforms from which terrorist attacks may be
launched upon other vessels, waterfront facilities and adjacent
population centers. Following the September 11 attacks, we published a
temporary rule (67 FR 517-520, January 4, 2002), which was effective
December 10, 2001, that established a temporary regulated navigation
area (RNA) and safety and security zones in the Long Island Sound
Marine Inspection and COTP Zone. We revised the temporary rule three
times (67 FR 40859-40861, June 14, 2002, 67 FR 69132, November 15,
2002, and 68 FR 12304, March 14, 2003) to extend its effective period
to August 15, 2003. These temporary measures were taken to safeguard
human life, vessels and waterfront facilities from sabotage or
terrorist acts while we assessed the security environment within the
area and determined the need for and
[[Page 48799]]
advisability of permanent security measures.
The Coast Guard is now establishing a permanent RNA and two
permanent safety and security zones within Long Island Sound as part of
a comprehensive, port security regime designed to safeguard human life,
vessels and waterfront facilities from sabotage or terrorist acts. This
permanent RNA incorporates the provisions of the temporary RNA that
have been in place since December 10, 2001, and expands the operating
requirements for vessels within the RNA. This rule also establishes two
permanent safety and security zones. The zones have been tailored to
fit the needs of security, while minimizing the impact on the maritime
community.
Discussion of Comments and Changes
We received two (2) letters commenting on the notice of proposed
rulemaking. The first comment letter recommended that proposed
regulation 33 Code of Federal Regulations (CFR) 165.153(d)(3) be
amended to include not only towing vessels engaged in towing tank
barges carrying petroleum oil in bulk as cargo, but rather to include
all primary towing vessels engaged in towing. The section has been
revised to include all towing vessels engaged in towing. In addition,
we have included a provision in the rule that exempts towing vessels
engaged in coastwise trade. This revision reflects the intention of the
proposed rulemaking, which was, in part, to facilitate trade in the
COTP Long Island Sound Zone consistent with the needs of safety and
security. This exemption permits coastwise tug and barge units to move
freely within United States waters.
In addition, the comment indicated to us that combining the
inspection and advanced authorization requirements into one regulation
in proposed section 165.153(d)(3) may have been confusing with respect
to the two distinct requirements imposed. To clarify these
requirements, section 165.153(d)(3) has been revised into two separate
regulations for inspection and authorization, located in the final rule
in sections 165.153(d)(3) and 165.153(d)(4), respectively. Subsequent
paragraphs (4) through (8) in the proposed regulation 165.153(d) have
been renumbered as paragraphs (5) through (9), respectively.
The second letter contained 12 distinct comments and/or
recommendations regarding the proposed regulations. Each of these
comments, and the response taken to each in the final regulations, are
addressed below:
The first comment questioned the need for defining ``public
vessels'' both in sections 165.153(b) and (c)(3). We agree that this is
unnecessary repetition of the definition of ``public vessels;'' as
such, the definition of ``public vessels'' has been removed from the
final rule in section 165.153(b).
The second comment asked for clarification regarding the definition
of ``commercial vessel.'' Specifically, the comment asked whether a
commercial vessel is a vessel in commercial service or a vessel engaged
in commerce. The proposed regulation used the term ``commercial
vessel'' as the title of section 165.153(d)(6). While the content of
this section is clear in its applicability of the vessel operating
requirements to those vessels in commercial service, the use of the
term ``commercial vessel'' in this section is potentially confusing.
This regulation was intended to apply to those vessels engaged in
commercial service, as that term is defined in section 165.153(c)(1).
For clarification, the title of the final rule section 165.153(d)(7)
has been changed to ``vessels engaged in commercial service.'' In
addition, the text of the regulation has been revised to prohibit
vessels from entering within a 100-yard radius of any vessel ``engaged
in commercial service,'' vice the proposed regulation language of
``vessel in commercial service.''
The third comment asked whether ``engaged in commerce'' used in the
definition of public vessel in proposed section 165.153(c)(3) differs
from the definition of ``commercial service'' in proposed section
165.153(c)(1). The definitions were intended to be the same in the
proposed regulation. The use of ``engaged in commerce'' in the proposed
regulation has been revised to read ``engaged in commercial service'';
this reflects the intention of the original proposed regulation, and is
consistent with the derivation of the definition of ``public vessel,''
which is found in title 46 United States Code, sections 2101(24)(A) and
(B).
The fourth comment asked whether the tonnage threshold in proposed
section 165.153(d)(2) applies to individual vessels or whether these
apply to the combined tonnage of towing vessels and their tows. As
proposed, and as implemented here, the tonnage limitation applies to
individual vessels. The standard industry practice is for the tugboat
operator to issue the security call for both manned and unmanned
barges. It was not the intention of the proposed regulation to require
vessels under tow to make their own securit[eacute]
call in addition to
that made by the tugboat. In addition, this section was only intended
to address vessels engaged in towing of barges, and was not intended to
encompass recreational vessels or commercial assistance towing. The
final regulation located in section 165.153(d)(2) has been revised as a
result of this comment to include all vessels engaged in towing barges.
The fifth comment recommended applying an exemption for vessels in
innocent passage to proposed regulation 165.153(d)(4), since one was
applied in proposed section 165.153(d)(3). Innocent passage, as defined
under Articles 18 and 19 of the 1982 United Nations Convention on the
Law of the Sea (UNCLOS II), involves ``navigation through the
territorial sea for the purpose of (a) traversing that sea without
entering internal waters or calling at a roadstead or port facility
outside internal waters; or (b) proceeding to or from internal waters
or a call at such roadstead or port facility.'' Proposed section
165.153(d)(4) (now section 165.153(d)(5)) requires vessels over 1600
gross tons operating within three nautical miles from the territorial
sea baseline to receive COTP authorization prior to vessel movements.
As the internationally recognized rights of ``innocent passage'' could
potentially be impacted in this proposed section as well as proposed
section 165.153(d)(3), we addressed this comment in regards to both
proposed sections and made appropriate changes in the regulation.
The inspection and authorization requirements in proposed section
165.153(d)(3) (now final sections 165.153(d)(3) and (d)(4)) were
intended to require all vessels bound for a port or place in the United
States, and not otherwise exempted, to be inspected and/or obtain COTP
authorization prior to entering within three nautical miles of the
territorial sea baseline. It contained a complete exemption for vessels
in innocent passage. The intention of the requirements in proposed
section 165.153(d)(4) (now section 165.153(d)(5)) was for vessels over
1600 gross tons, operating within three nautical miles of the
territorial sea baseline or within internal waters, to be required to
receive authorization prior to any intentional vessel movements. As
originally proposed, these two sections, 165.153(d)(3) and (d)(4) were
intended to protect against vessels entering within or operating within
three nautical miles of the territorial sea baseline and in the
internal waters of the United States. These vessels present potential
security concerns which these regulations were designed to protect
against.
[[Page 48800]]
A complete exception for vessels in ``innocent passage'', as
proposed in section 165.153(d)(3) and sought by the comment in section
165.153(d)(4) would permit any vessel bound for a port or place in the
United States to transit within three nautical miles of the territorial
sea baseline without invoking the regulation's inspection and
authorization requirements. This would negate the operation and purpose
of these protective measures. As a result, proposed sections 165.153
(d)(3) and (d)(4) were rewritten, and references to ``innocent
passage'' were changed as described herein to allow certain exceptions
as allowable or required by Treaty and Law, while still allowing for
effective regulation.
Innocent passage rights will and must be impacted in certain
situations in final sections 165.153(d)(3), (d)(4), and (d)(5), to
maintain the purpose and effectiveness of this regulation. For example,
any vessel transiting to a port in Unites States internal waters, by
definition, is considered in ``innocent passage'' while still in the
territorial sea (which includes the area within three nautical miles of
the territorial sea baseline) during its transit. Final sections
165.153(d)(3), (d)(4), and (d)(5) impact the right of ``innocent
passage'' because they impose requirements which vessels must meet
before entering within three nautical miles of the territorial sea
baseline when they are bound for ports or places in United States.
Even when within three nautical miles of the territorial sea
baseline, these vessels are in ``innocent passage'' if they are en
route to a United States port in United States internal waters because
they are still within United States territorial waters and ``proceeding
to or from internal waters'' as per Article 18 of UNCLOS II. Yet, if
the COTP were not permitted to impose requirements on vessels in these
situations, sections 165.153(d)(3), (d)(4), and (d)(5) of this
regulation would be meaningless, and potentially dangerous vessels
claiming ``innocent passage'' bound for United States internal ports
could transit up to the territorial sea baseline without being
investigated by the COTP.
Thus, with regards to innocent passage, only those vessels which
are not bound for a port or place in the United States will be exempted
from the requirements of sections 165.153(d)(3), (d)(4), and (d)(5).
These vessels are of minimal security interest to the COTP.
Additionally, under 33 U.S.C. 1223(d) such vessels are statutorily
exempted from the requirements herein (33 U.S.C. 1223(d) falls under
the Port and Waterways Safety Act, which is one of the authorities
under which this regulation is promulgated).
Vessels ``bound for a port or place located in the United States or
that must transit the internal waters of the United States'' as
dictated in final sections 165.153(d)(3), (d)(4), and (d)(5) will be
subject to these regulations, even if in ``innocent passage'' by
definition under Article 18 1. (b) of the UNCLOS II. Such vessels are
not exempted from the Port and Waterways Safety Act under 33 U.S.C.
1223(d). In addition, imposing certain conditions on vessels in
``innocent passage'' is supported by Article 21 under UNCLOS II, which
states that coastal nations may adopt laws and regulations relating to
innocent passage through the territorial sea with respect to, among
other items, ``the safety of navigation and the regulation of maritime
traffic * * *, * * * the protection of navigational aids and facilities
and other facilities or installations * * * and * * * the prevention of
infringement of the customs, fiscal, immigration or sanitary laws and
regulations of the coastal State.''
The sixth comment addressed the appropriateness of proposed section
165.153(d)(3)'s applicability to all tonnages and recreational vessels,
as many of the vessels impacted by this section are not required to
carry radios, making it impossible for them to obtain authorization.
Proposed section 165.153(d)(3) specifically exempted recreational
vessels from these requirements, as well as other vessels. The
intention of this section was to be able to monitor those vessels not
engaged in commercial service arriving into the United States from a
foreign port and ensure compliance with appropriate customs and
immigration requirements. As such, this exemption has been narrowed and
we have revised final rule sections 165.153(d)(3) and (d)(4) to exempt
only those vessels not engaged in commercial service whose last port of
call was in the United States. Vessels to which the regulation applies
may obtain authorization from the Captain of the Port, Long Island
Sound, in several ways, including via marine radio, telephone,
facsimile, or letter. Final rule sections 165.153(d)(3) and (d)(4) have
been revised to include these options for contacting the COTP.
The seventh comment raised concern with excluding primary towing
vessels engaged in towing tank barges carrying petroleum oil in bulk as
cargo from the inspection and authorization requirements of proposed
regulation 165.153(d)(3). Specifically, it questioned why this
requirement was not applicable to tank barges carrying petroleum, and
questions why these vessels are considered less of a safety and
security threat. As discussed above, this section is being expanded to
include all towing vessels engaged in towing in coastwise trade. This
exemption permits coastwise tug and barge units to move freely within
United States waters.
The eighth and ninth comments raised concern with the ability of
vessels to contact commercial vessels which are moored or anchored to
request permission to enter the restricted navigation area imposed by
proposed section 165.153(d)(6). This comment recommended that anchored
or moored commercial vessels be required to maintain a continuous radio
watch, and also recommended that the regulation provide for delegation
of the authority to authorize entry into the zone by the licensed
master or operator of the vessel to subordinates. As discussed above in
paragraph 3, the scope of the requirement in the final rule has been
clarified to include vessels engaged in commercial service, vice all
commercial vessels, which significantly limits the scope of this
regulation. For example, this requirement would not apply to a small
passenger vessel moored at a marina which is not engaged in carrying
passengers or goods. The master of a vessel is responsible for ensuring
compliance with this regulation, however, nothing in this regulation
prohibits the master from developing procedures/orders for the crew to
ensure its operation is in compliance with the laws and/or regulations
herein. As such, it is unnecessary to specifically address the
delegation of this authority in the regulatory text. Vessels seeking
permission to enter within 100-yards of a vessel engaged in commercial
service should use all means available to communicate with the vessel;
if unable to contact the vessel to obtain permission, vessels are not
permitted to enter within this 100-yard zone. No changes have been made
to the final rule based on this comment.
The tenth comment raised questioned whether section 165.153(d)(6)
created a ``no authorized entry zone'' around commercial vessels of any
size. There is no size limitation within this regulation; the
prohibition on entry within 100-yards of a vessel engaged in commercial
service applies to all vessels engaged in commercial service,
irrespective of size. No changes have been made to the final rule based
on this comment.
The eleventh comment questions whether safety and security zones
can be implemented around anchored Coast
[[Page 48801]]
Guard vessels in proposed regulation section 165.154(a)(2), because
proposed section 165.153(b) excludes ``public vessels'' from the
applicability of the regulations. The public vessel exclusion in
section 165.153 only applies to that section. It does not apply to
those regulations in section 165.154. Even if this exclusion was
applicable to section 165.154, it would not exclude creation of safety
and security zones around Coast Guard vessels: the applicability
section addresses who the regulation may be enforced against, not what
regulations may be imposed. No changes have been made to the final rule
based on this comment.
The twelfth and final comment of this letter recommended allowing
other federal, state and municipal agencies to assist the Coast Guard
in enforcement of proposed sections 165.153(d)(5)-(7), as is provided
in section 165.153(d)(1). Section 165.153(d)(1) provides that the U.S.
Navy and other Federal, State and municipal agencies may assist the
U.S. Coast Guard in the enforcement of the speed restrictions imposed
in the vicinity of Naval Submarine Base New London. Title 33 CFR 6.04-
11 provides that the Captain of the Port may enlist the aid of Federal,
State, municipal and private agencies to assist in the enforcement of
regulations. It is not necessary to restate this authority in the
regulatory text. No changes have been made to the regulatory text of
the final rule based on this comment.
Lastly, a definition of ``territorial sea baseline'' has been
included as section 165.153(c)(4). This definition adopts the
definition of ``territorial sea baseline'' as found in 33 CFR
subchapter A, and aids in clarity of the requirements imposed by
section 165.153.
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 Homeland
Security (DHS).
The Coast Guard expects the economic impact of this final rule to
be so minimal that a full Regulatory Evaluation under the regulatory
policies and procedures of DHS is unnecessary. This regulation may have
some impact on the public, but these potential impacts will be
minimized for the following reasons: there is ample room for vessels to
navigate around each of the safety and security zones; it is
contemplated that vessels will be able to operate elsewhere within the
RNA once the Captain of the Port has determined that the vessels do not
pose a threat to individuals, other vessels or waterfront facilities;
to the extent that the rule tracks the provisions of temporary rules
that have been in place since December 10, 2001, our experience
demonstrates that it not burdensome on the maritime public; and the
local maritime community will be informed of the zones via marine
information broadcasts. While recognizing the potential for some
minimal impact from the rule, the Coast Guard considers it de minimus
in comparison to the compelling national interest in protecting the
public, vessels, and vessel crews from the further devastating
consequences of the aforementioned acts of terrorism, and from
potential future sabotage or other subversive acts, accidents, or other
causes of a similar nature.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit or anchor in those portions of Long Island Sound and the Thames
River covered by the RNA and/or safety and security zones.
This rule will not have a significant impact on a substantial
number of small entities because the safety and security zones are
limited in size, leaving ample room for vessels to navigate around the
zones. The zones will not significantly impact commuter and passenger
vessel traffic patterns, and mariners will be notified of the zones via
local notice to mariners and marine broadcasts. Also, the Captain of
the Port will make broad allowances for individuals to enter the zones
during periods when the potential threats to the area are deemed to be
low. The regulations imposed under the RNA will impact a minimal number
of commercial and recreational vessels, as several of the regulations
only apply to large commercial vessels. The regulated areas around
ferry vessels and vessels engaged in commercial service will minimally
impact those vessels to whom these regulations apply while waiting for
authorization to enter the regulated area from the licensed operator,
licensed master, or the designated COTP on-scene patrol. Moreover, the
ferry vessel regulated navigation area only applies to vessels of 300
gross tons or greater; the 100-yard regulated navigation area around
commercial vessels leaves ample room for vessels to navigate outside of
this area. To the extent that this rule tracks the provisions of
temporary rules that have been in place since December 10, 2001 our
experience demonstrates that it has not been burdensome on the maritime
public.
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 rule so that they
can better evaluate its effects on them and participate in the
rulemaking. If the rule would affect your small business, organization,
or governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please call Lieutenant A. Logman,
Waterways Management Officer, Group/Marine Safety Office Long Island
Sound, at (203) 468-4429.
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 imposes a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have
[[Page 48802]]
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 would 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,
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
The Coast Guard considered the environmental impact of this 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 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 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 0170.
? 2. Add Sec. 165.153 to read as follows:
Sec. 165.153 Regulated Navigation Area: Long Island Sound Marine
Inspection and Captain of the Port Zone.
(a) Regulated Navigation Area location. All waters of the Long
Island Sound Marine Inspection and Captain of the Port (COTP) Zone, as
delineated in 33 CFR 3.05-35, extending seaward 12 nautical miles from
the territorial sea baseline, are established as a regulated navigation
area (RNA).
(b) Applicability. This section applies to all vessels operating
within the RNA excluding public vessels.
(c) Definitions. The following definitions apply to this section:
Commercial service means any type of trade or business involving
the transportation of goods or individuals, except service performed by
a combatant vessel.
Ferry means a vessel that:
(1) Operates in other than ocean or coastwise service;
(2) Has provisions only for deck passengers or vehicles, or both;
(3) Operates on a short run on a frequent schedule between two
points over the most direct water route; and
(4) Offers a public service of a type normally attributed to a
bridge or tunnel.
Public vessels means vessels owned or bareboat chartered and
operated by the United States, or by a State or political subdivision
thereof, or by a foreign nation, except when such vessel is engaged in
commercial service.
Territorial sea baseline means the line defining the shoreward
extent of the territorial sea of the United States drawn according to
the principles, as recognized by the United States, of the Convention
on the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, and the
1982 United Nations Convention on the Law of the Sea (UNCLOS), 21
I.L.M. 1261. Normally, the territorial sea baseline is the mean low
water line along the coast of the United States.
(d) Regulations. (1) Speed restrictions in the vicinity of Naval
Submarine Base New London and Lower Thames River. Unless authorized by
the Captain of the Port (COTP), vessels of 300 gross tons or more may
not proceed at a speed in excess of eight knots in the Thames River
from New London Harbor channel buoys 7 and 8 (Light List numbers 21875
and 21880 respectively) north through the upper limit of the Naval
Submarine Base New London Restricted Area, as that area is specified in
33 CFR 334.75(a). The U.S. Navy and other Federal, State and municipal
agencies may assist the U.S. Coast Guard in the enforcement of this
rule.
(2) Enhanced communications. Vessels of 300 gross tons or more and
all vessels engaged in towing barges must issue securit[eacute]
calls
on marine band or Very High Frequency (VHF) radio channel 16 upon
approach to the following locations:
(i) Inbound approach to Cerberus Shoal; and
(ii) Outbound approach to Race Rock Light (USCG Light List No.
19815).
(3) All vessels operating within the RNA that are bound for a port
or place located in the United States or that must transit the internal
waters of the United States, must be inspected to the satisfaction of
the U. S. Coast Guard, before entering waters within three nautical
miles from the territorial sea baseline. Vessels awaiting inspection
will be required to anchor in the manner directed by the COTP. This
section does not apply to vessels operating exclusively within the Long
Island Sound Marine Inspection and COTP Zone, vessels on a single
voyage which depart from and return to the same port or place within
the RNA, all towing vessels engaged in coastwise trade, vessels in
innocent passage not bound
[[Page 48803]]
for a port or place subject to the jurisdiction of the United States,
and all vessels not engaged in commercial service whose last port of
call was in the United States. Vessels requiring inspection by the COTP
may contact the COTP via marine band or Very High Frequency (VHF)
channel 16, telephone at (203) 468-4401, facsimile at (203) 468-4418,
or letter addressed to Captain of the Port, Long Island Sound, 120
Woodward Ave., New Haven, CT 06512.
(4) All vessels operating within the RNA that are bound for a port
or place located in the United States or that must transit the internal
waters of the United States, must obtain authorization from the Captain
of the Port (COTP) before entering waters within three nautical miles
from the territorial sea baseline. Vessels awaiting COTP authorization
to enter waters within three nautical miles from the territorial sea
baseline will be required to anchor in the manner directed by the COTP.
This section does not apply to vessels operating exclusively within the
Long Island Sound Marine Inspection and COTP Zone, vessels on a single
voyage which depart from and return to the same port or place within
the RNA, all towing vessels engaged in coastwise trade, vessels in
innocent passage not bound for a port or place subject to the
jurisdiction of the United States, and all vessels not engaged in
commercial service whose last port of call was in the United States.
Vessels may request authorization from the COTP by contacting the COTP
via marine band or Very High Frequency (VHF) channel 16, telephone at
(203) 468-4401, facsimile at (203) 468-4418, or letter addressed to
Captain of the Port, Long Island Sound, 120 Woodward Ave., New Haven,
CT 06512.
(5) Vessels over 1,600 gross tons operating in the RNA within three
nautical miles from the territorial sea baseline that are bound for a
port or place located in the United States or that must transit the
internal waters of the United States must receive authorization from
the COTP prior to transiting or any intentional vessel movements,
including, but not limited to, shifting berths, departing anchorage, or
getting underway from a mooring. This section does not apply to vessels
in innocent passage not bound for a port or place subject to the
jurisdiction of the United States.
(6) Ferry vessels. Vessels of 300 gross tons or more are prohibited
from entering all waters within a 1200-yard radius of any ferry vessel
transiting in any portion of the Long Island Sound Marine Inspection
and COTP Zone without first obtaining the express prior authorization
of the ferry vessel licensed operator, licensed master, COTP, or the
designated COTP on-scene patrol.
(7) Vessels engaged in commercial service. No vessel may enter
within a 100-yard radius of any vessel engaged in commercial service
while that vessel is transiting, moored, or berthed in any portion of
the Long Island Sound Marine Inspection and COTP zone, without the
express prior authorization of the vessel's licensed operator, master,
COTP, or the designated COTP on-scene representative.
(8) Bridge foundations. Any vessel operating beneath a bridge must
make a direct, immediate and expeditious passage beneath the bridge
while remaining within the navigable channel. No vessel may stop, moor,
anchor or loiter beneath a bridge at any time. No vessel may approach
within a 25-yard radius of any bridge foundation, support, stanchion,
pier or abutment except as required for the direct, immediate and
expeditious transit beneath a bridge.
(9) This section does not relieve any vessel from compliance with
applicable navigation rules.
? 3. Add Sec. 165.154 to read as follows:
Sec. 165.154 Safety and Security Zones: Long Island Sound Marine
Inspection Zone and Captain of the Port Zone.
(a) Safety and security zones. The following areas are safety and
security zones:
(1) Dominion Millstone Nuclear Power Plant Safety and Security
Zones. (i) All waters north and north east of a line running from Bay
Point, at approximate position 41-18.57 N, 072-10.41 W, to Millstone
Point at approximate position 41-18.25 N, 072-09.96 W.
(ii) All waters west of a line starting at 41-18.700 N, 072-09.650
W, running south to the eastern most point of Fox Island at approximate
position 41-18.400 N, 072-09.660 W. All coordinates are North American
Datum 1983.
(2) Coast Guard Vessels Safety and Security Zones. All waters
within a 100-yard radius of any anchored Coast Guard vessel. For the
purposes of this section, Coast Guard vessels includes any commissioned
vessel or small boat in the service of the regular Coast Guard and does
not include Coast Guard Auxiliary vessels.
(b) Regulations. (1) The general regulations contained in Sec.
165.23 and Sec. 165.33 of this part apply.
(2) In accordance with the general regulations in Sec. 165.23 and
Sec. 165.33 of this part, entry into or movement within this zone is
prohibited unless authorized by the Captain of the Port Long, Island
Sound.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or on-scene patrol personnel. These
personnel comprise commissioned, warrant, and petty officers of the
Coast Guard. Upon being hailed by a U. S. Coast Guard vessel by siren,
radio, flashing light, or other means, the operator of a vessel shall
proceed as directed.
Dated: August 8, 2003.
Vivien S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 03-20929 Filed 8-14-03; 8:45 am]
BILLING CODE 4910-15-P