[Federal Register Volume 66, Number 187 (Wednesday, September 26, 2001)]
[Rules and Regulations]
[Pages 49106-49107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24110]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-163]
RIN 2115-AA97


Safety and Security Zones; Coast Guard Force Protection Station 
Portsmouth Harbor, Portsmouth, New Hampshire; Coast Guard Base 
Portland, South Portland, Maine; and Station Boothbay Harbor, Boothbay 
Harbor Maine

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing three safety and security 
zones to close the waters near the federal properties of the following 
Coast Guard facilities: Portsmouth, New Hampshire; Station Portland, 
Maine; and Station Boothbay, Maine. These security and safety zones are 
needed to safeguard Coast Guard facilities, vessels and personnel from 
potential sabotage or other subversive acts, accidents or other causes 
of a similar nature. Entry or movement within these zones by any vessel 
of any description whatsoever, without the express authority of the 
Captain of the Port, Portland, or his authorized patrol representative, 
is strictly prohibited.

DATES: This section is effective from 6 p.m. September 14, 2001 through 
6 p.m. March 12, 2002.
    Portland, Maine between 8 a.m. and 4 p.m., Monday through Friday, 
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) W. W. Gough, 
Chief, Ports and Waterways Safety Branch, Captain of the Port, 
Portland, Maine at (207) 780-3251.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing a NPRM and for making this regulation effective in less than 
30 days after publication in the Federal Register. Due to the 
catastrophic nature and extent of damage realized from the aircraft 
crashes into the World Trade Center towers, this rulemaking is urgently 
necessary to protect the national security interests of the United 
States against future potential terrorist strikes against governmental 
targets. A similar attack was conducted on the Pentagon on the same 
day. Any delay in the establishment and enforcement of this 
regulation's effective date would be unnecessary and contrary to public 
interest and national security since immediate action is needed to 
protect the Group Portland Base, South Portland Maine, Coast Guard 
Station Portsmouth Harbor, Portsmouth, New Hampshire, and Coast Guard 
Station Boothbay Harbor, Boothbay Harbor, Maine, facilities, vessels 
and personnel, as well as the public and maritime community, from 
potential terrorist attacks. The public will be kept appraised of the 
safety and security zones and respective changes via Broadcast Notice 
to Mariners.

Background and Purpose

    On September 11, 2001, both towers of the World Trade Center, New 
York City, New York, were destroyed as a result of two commercial 
airliner crashes, an act that can only be explained as resulting from 
terrorist attacks. This regulation establishes three safety and 
security zones: (1) All waters of Portland Harbor, Maine in a 100-yard 
radius from the point at 43 deg.38.742' N, 70 deg.14.865' W; (2) All 
waters of Portsmouth Harbor, New Hampshire in a 50-yard radius from the 
point at 43 deg.04.292' N, 70 deg.42.632' W; and (3) All waters of 
Boothbay Harbor, Maine in a 50-yard radius from the point at 
43 deg.50.606' N, 69 deg.38.571' W.
    The safety and security zones have identical boundaries, and 
restrict entry into or movement within the waters of Portland Harbor, 
Portsmouth Harbor, and Boothbay Harbor. The safety and security zones 
are necessary to protect Coast Guard personnel, facilities, the public 
and the surrounding area from sabotage or other subversive acts, 
accidents, or events of a similar nature. All persons other than those 
approved by the Captain of the Port or his authorized patrol 
representative are prohibited from entering into or moving within the 
zones without the prior approval of the Captain of the Port. In 
addition to this publication in the Federal Register, the public will 
be made aware of the existence of these safety and security zones, 
their exact locations within these boundaries, and the restrictions 
involved, via Broadcast Notice to Mariners.

Regulatory Evaluation

    This temporary final rule is not a significant regulatory action 
under section 3(f) of Executive Order 12866 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 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary for the following reasons: these safety and security zones 
encompass only a portion of Portsmouth, Portland, and Boothbay Harbors, 
allowing vessels to safely navigate around the zones without delay and 
maritime advisories will be made to advise the maritime community of 
these safety and security zones.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    For the reasons addressed under the Regulatory Evaluation above, 
the Coast

[[Page 49107]]

Guard expects the impact of this regulation to be minimal and certifies 
under 5 U.S.C. 605(b) that this final rule will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 13132 and have determined that 
this rule does not have sufficient federalism implications for 
Federalism under that order.

Unfunded Mandates Reform Act

    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 costs without 
the Federal government's having first provided the funds to pay those 
costs. This rule will not impose an Unfunded Mandate.

Taking of Private Property

    This 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 rule meets applicable standards in section 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 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 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 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

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that, under Figure 2-1, paragraph 34(g) of 
Commandant Instruction M16475.1D, this rule is categorically excluded 
from further environmental documentation.

Energy Effects

    The Coast Guard has 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

    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. Add temporary Sec. 165.T01-163 to read as follows:


Sec. 165.T01-163  Safety and Security Zones; Coast Guard Force 
Protection for Coast Guard Group Portland, South Portland, Maine, 
Station Portsmouth Harbor, New Hampshire, and Station Boothbay Harbor, 
Maine.

    (a) Location. The following are safety and security zones: (1) All 
waters of Portland Harbor, Maine in a 100-yard radius from the point at 
43 deg.38.742' N, 70 deg.14.865' W; (2) All waters of Portsmouth 
Harbor, New Hampshire in a 50-yard radius from the point at 
43 deg.04.292' N, 70 deg.42.632' W; and (3) All waters of Boothbay 
Harbor, Maine in a 50-yard radius from the point at 43 deg.50.606' N, 
69 deg.38.571' W.
    (b) Effective dates. This section is effective from 6 p.m. 
September 14, 2001, through 6 p.m. March 12, 2002.
    (c) Regulations. (1) In accordance with the general regulations in 
Secs. 165.23 and 165.33 of this part, entry into or movement within 
this zone is prohibited unless previously authorized by the Captain of 
the Port (COTP) Portland.
    (2) All persons and vessels shall comply with the instructions of 
the COTP or the designated on-scene U.S. Coast Guard patrol personnel. 
On-scene Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the Coast Guard on board.
    (3) No person may swim upon or below the surface of the water 
within the boundaries of the safety and security zones unless 
previously authorized by the Captain of the Port, Portland or his 
authorized patrol representative.

    Dated: September 14, 2001.
M.P. O'Malley,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-24110 Filed 9-25-01; 8:45 am]
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