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Regulated Navigation Area, 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: March 14, 2003 (Volume 68, Number 50)]
[Rules and Regulations]
[Page 12304-12306]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14mr03-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-01-187]
RIN 2115-AA00, AA11
Regulated Navigation Area, Safety and Security Zones; Long Island
Sound Marine Inspection and Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; change in effective period.
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SUMMARY: The Coast Guard is extending the effective period of a
regulated navigation area (RNA) and certain safety and security zones
published January 4, 2002. This change will extend the effective period
of the temporary final rule through August 15, 2003, allowing adequate
time for informal rulemaking to develop a permanent rule. This rule
will continue to regulate the conditions under which certain vessels
may enter, transit or operate within the regulated navigation area and
will exclude all vessels from operating within 700 yards of the
Millstone Nuclear Power Plant or 100 yards of anchored Coast Guard
vessels.
[[Page 12305]]
DATES: The amendments of Sec. Sec. 165.T01-153 and 165.T01.154 in this
rule are effective March 15, 2003. Sections 165.T01-153 and 165.T01-
154, added at 67 FR 519 and 520, January 4, 2002, effective December
10, 2001, until June 15, 2002, extended at 67 FR 40861, June 14, 2002,
through November 15, 2002, and extended at 67 FR 69132, November 15,
2002, through March 15, 2003, as amended in this rule, are extended in
effect through August 15, 2003.
ADDRESSES: Documents indicated in this preamble are available for
inspection and copying at Waterways Management, U.S. Coast Guard Group/
Marine Safety Office (MSO) Long Island Sound, 120 Woodward Ave., New
Haven, CT 06512, between 9 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant A. Logman, Waterways
Management, U.S. Coast Guard Group/MSO Long Island Sound at (203) 468-
4429.
Regulatory Information
On January 4, 2002, we published a temporary final rule (TFR)
entitled ``Regulated Navigation Areas, Safety And Security Zones: Long
Island Sound Marine Inspection Zone and Captain of the Port Zone'' in
the Federal Register (67 FR 517). The effective period for that rule
was from December 10, 2001, until June 15, 2002. The effective period
for that rule was extended through November 15, 2002 (67 FR 40861, June
14, 2002), and it was then extended through March 15, 2003 (67 FR
69132, November 15, 2002).
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The original TFR was urgently
required to prevent terrorist strikes within and adjacent to waters
within the Long Island Sound Marine Inspection Zone and Captain of the
Port Zone. It was anticipated that we would assess the security
environment at the end of the effective period to determine whether
continuing security precautions were required and, if so, propose
regulations responsive to existing conditions. We have determined that
the need for continued security regulations exists. The Coast Guard
will utilize the extended effective period of this TFR to engage in
notice and comment rulemaking to develop permanent regulations tailored
to the present and foreseeable security environment within the ports of
Long Island Sound.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The measures contemplated by the
rule were intended to prevent future terrorist attacks. The delay
inherent in the NPRM process for developing a permanent rule is
contrary to the public interest insofar as it may render individuals,
vessels and facilities within and adjacent to the Long Island Sound
Marine Inspection Zone and Captain of the Port Zone vulnerable to
subversive activity, sabotage or terrorist attack. The Coast Guard will
be publishing an NPRM to establish permanent safety and security zones
that are temporarily effective under this rule. This revision preserves
the status quo within the Port while permanent rules are developed. The
present TFR has not been burdensome on the maritime public. The Coast
Guard has not received written comments or suggestions to modify the
scope of the existing TFR.
Background and Purpose
On September 11, 2001, two commercial aircraft were hijacked from
Logan Airport in Boston, MA 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 against
civilian targets may be anticipated. The Coast Guard established RNAs
and safety and security zones within defined areas of water as part of
a comprehensive, port security regime designed to safeguard human life,
vessels and waterfront facilities from sabotage or terrorist acts. As
mentioned in the original TFR, these regulations were designed to
provide the Captain of the Port of Long Island Sound with maximum
flexibility to respond to emergent threats and dangerous conditions.
When less stringent security measures are required, the Captain of the
Port communicates relaxed enforcement policies to the public. As a
result, the full scope of these regulations is rarely imposed.
Nevertheless, the flexibility to utilize those measures permitted by
the TFR and required by the circumstances is vital to ensure port
security in the present environment.
A change in the effective period of this rule was published on June
14, 2002 (67 FR 40859), which extended the rule through November 15,
2002. A second change in effective period of this rule was published on
November 15, 2002 (67 FR 69132), which extended the rule through March
15, 2003. This change was necessary in order to conduct rulemaking for
the establishment of permanent safety and security zones and regulated
navigation area. Additional time is necessary to ensure the public has
sufficient time to participate in the rulemaking process. The Coast
Guard is therefore extending the effective date of this rule until
August 15, 2003, to allow the establishment of permanent safety and
security zones and a regulated navigation area by notice and comment
rulemaking.
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).
We expect the economic impact of this 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: the sizes of the zones are the minimum necessary to provide
adequate protection for the public, vessels, and vessel crews. Any
vessels seeking entry into or movement within the safety and security
zones must request permission from the Captain of the Port, Long Island
Sound or his authorized patrol representative. Any hardships
experienced by persons or vessels are considered minimal compared to
the national interest in protecting the public, vessels, and vessel
crews from 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.
The Coast Guard will be publishing an NPRM to establish permanent
safety and security zones and the regulated navigation area that are
temporarily effective under this rule.
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
[[Page 12306]]
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
For the reasons addressed under the ``Regulatory Evaluation''
section above, the Coast Guard expects the impact of this regulation to
be minimal and certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601-612) that this final rule will not have a
significant economic impact on a substantial number of small entities.
Maritime advisories will be initiated by normal methods and means and
be 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), we offered to assist small
entities in understanding the rule so that they could 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 Lieutenant A. Logman, Waterways
Management, Coast Guard Group/MSO Long Island Sound, (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 requirements
under the Paperwork Reduction Act (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
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 and 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 takings 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 and
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 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.
Environment
We have 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 for inspection or copying where indicated
under ADDRESSES.
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 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 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. 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. Revise temporary Sec. 165.T01-153(c) to read as follows:
Sec. 165.T01-153 Regulated Navigation Area; Long Island Sound Marine
Inspection Zone and Captain of the Port Zone.
* * * * *
(c) Effective dates. This section is effective from December 15,
2001, through August 15, 2003.
* * * * *
3. Revise temporary 165.T01-154(b) to read as follows:
Sec. 165.T01-154 Safety and Security Zones; Long Island Sound Marine
Inspection Zone and Captain of the Port Zone.
* * * * *
(b) Effective dates. This section is effective from December 10,
2001, through August 15, 2003.
* * * * *
Dated: March 5, 2003.
Vivien S. Crea,
Rear Admiral, U.S. Coast Guard, Commander First Coast Guard District.
[FR Doc. 03-6327 Filed 3-12-03; 2:53 pm]
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