[Federal Register Volume 66, Number 191 (Tuesday, October 2, 2001)]
[Rules and Regulations]
[Pages 50106-50108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24536]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-175]
RIN 2115-AA97


Safety and Security Zones; Naval Force Protection, Bath Iron 
Works, Kennebec River, Bath, Maine

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard establishes temporary safety and security 
zones in the waters of the Kennebec River extending out to 400-feet 
into the Kennebec River from the Bath Iron Works facility, Bath, Maine. 
This action is necessary to ensure public safety and prevent sabotage 
or terrorist acts. Entry into these safety and security zones is 
prohibited unless authorized by the Captain of the Port.

DATES: This section is effective from 12:01 a.m. September 21, 2001 to 
11:59 p.m. December 31, 2001.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Marine Safety Office Portland, Maine, 103 
Commercial Street, 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, Port Operations Department, 
Captain of the Port, Portland, Maine at (207) 780-3251.

[[Page 50107]]


SUPPLEMENTARY INFORMATION:

Regulatory History

    As authorized by 5 U.S.C. 553, a notice of proposed rulemaking 
(NPRM) was not published for this regulation. Under 5 U.S.C 553(b)(B), 
the Coast Guard finds that good cause exists for not publishing a NPRM 
and for making this rule effective 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. 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 United States Naval 
vessels being built and repaired at the Bath facility. Any delay in 
implementing this regulation would be contrary to the public interest 
since immediate action is needed to safeguard the Naval vessels moored 
at the Bath Iron Works, Naval personnel, the maritime community and the 
public from sabotage or other subversive acts, accidents, or other 
causes of a similar nature.

Background and Purpose

    A safety zone was established by the Captain of the Port, Portland, 
Maine, on June 15, 2001, and published in the Federal Register (66 FR 
34367-34369). That safety zone prohibited entry into all waters of the 
Kennebec River within a 400-foot radius of Bath Iron Works, Bath, Maine 
from 7 a.m. June 16, 2001 through 12 p.m. September 30, 2001. 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, New York inflicting catastrophic human casualties and 
property damage. A similar attack was conducted on the Pentagon on the 
same day. National security and intelligence officials warn that future 
terrorist attacks against civilian targets may be anticipated. Due to 
these heightened security concerns, safety and security zones are 
prudent for an additional period of time, and for a larger area than 
previously covered. The safety and security zones will occur from 12:01 
a.m. September 21, 2001 to 11:59 p.m. December 31, 2001 at Bath Iron 
Works, Bath, Maine. This regulation establishes safety and security 
zones having identical boundaries in the waters of the Kennebec River 
extending out to 400 feet from Bath Iron Works facility. This safety 
and security zone is required to protect the Naval personnel, 
facilities, the public and the surrounding area from sabotage, 
terrorism, subversive acts, accidents, or other events of a similar 
nature.

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: this safety and security zone 
involves only a portion of the Kennebec River, allowing vessels to 
safely navigate around the safety and security zone without delay.

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 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 et seq.) 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 tribe, 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

[[Page 50108]]

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.T01-175 to read as follows:


Sec. 165.T01-175  Naval Force Protection, at Bath Iron Works, Kennebec 
River, Bath, Maine.

    (a) Location. The following is a safety and security zone: all 
waters off of Bath Iron Works facility, Bath, Maine extending 400-feet 
out into the Kennebec River.
    (b) Effective date. This section is effective from 12:01 a.m. 
September 21, 2001 to 11:59 p.m. December 31, 2001.
    (c) Regulations. (1) The general regulations contained in 
Sec. 165.23, Sec. 165.33 and the regulations specifically relating to 
safety zones and security zones in Secs. 165.20 and 165.30 of this part 
apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene 
personnel. Upon being hailed by designated personnel via siren, radio, 
flashing light, bullhorn or other means, the operator of the vessel 
shall proceed as directed.
    (3) No person may swim upon or below the surface of the water 
within the boundaries of the safety and security zone unless previously 
authorized by the Captain of the Port, Portland or his authorized 
patrol representative.

    Dated: September 21, 2001.
M.P. O'Malley,
Commander, Coast Guard, Captain of the Port.
[FR Doc. 01-24536 Filed 10-1-01; 8:45 am]
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