[Federal Register Volume 66, Number 191 (Tuesday, October 2, 2001)]
[Rules and Regulations]
[Pages 50105-50106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24538]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-164]
RIN 2115-AA97


Safety and Security Zones; Coast Guard Force Protection for 
Station Jonesport, Jonesport, Maine; Coast Guard Group Southwest 
Harbor, Southwest Harbor, Maine; and Station Rockland, Rockland Harbor 
Maine

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety and security 
zones in the waters surrounding Coast Guard facilities located in 
Jonesport, Maine; Southwest Harbor, Maine; and Rockland, Maine. These 
security and safety zones are needed to safeguard Coast Guard 
facilities, vessels and personnel from potential future 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.

EFFECTIVE DATE: This section is effective from 6 p.m. September 19, 
2001 until March 17, 2002.

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.

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. 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 Coast Guard Group Southwest Harbor Base, Southwest Harbor, 
Maine; Coast Guard Station Jonesport, Jonesport, Maine; and Coast Guard 
Station Rockland, Rockland Harbor; Maine's 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 in the waters immediately surrounding the Coast Guard 
facilities in Southwest Harbor, Rockland, and Jonesport Maine: (1) All 
the waters off of Station Jonesport, Jonesport, Maine, within a 75-yard 
radius of 44 deg. 31' 38" N, 067 deg.36' 58" W; (2) all the waters of 
Southwest Harbor, Maine off of Coast Guard Base Southwest Harbor, (a) 
within a 60-yard radius of 44 deg. 16' 30" N, 068 deg. 18' 45" W; and 
(b) within a 20-yard radius of 44 deg. 16' 30" N, 068 deg. 18' 47" W; 
and (3) all the waters of Rockland Harbor, Maine off of Station 
Rockport (a) within a 75-yard radius of 44 deg. 06' 16" N, 069 deg. 06' 
04" W; and (b) within a 60-yard radius of 44 deg. 06' 19" N, 069 deg. 
06' 07" W. The safety and security zones have identical boundaries, and 
restrict entry into or movement within the waters of Southwest Harbor, 
Jonesport Harbor and Rockland 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. The public will be notified 
of the safety and security zones 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 
limit movement within only a portion of Southwest Harbor, Jonesport and 
Rockland Harbors, allowing vessels to safely navigate around the safety 
and security zones without delay, and maritime advisories will be made 
to advise the maritime community of the 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 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.).

[[Page 50106]]

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 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.T01-164 to read as follows:


Sec. 165.T01-164  Coast Guard Force Protection for Coast Guard Group 
Southwest Harbor, Maine, Station Jonesport, Maine and Station Rockland, 
Maine.

    (a) Location. The following are safety and security zones: (1) All 
the waters off of Station Jonesport, Jonesport, Maine, within a 75-yard 
radius of 44 deg. 31' 38" N, 067 deg.36' 58" W; (2) all the waters of 
Southwest Harbor, Maine off of Coast Guard Base Southwest Harbor, (i) 
within a 60-yard radius of 44 deg. 16' 30" N, 068 deg. 18' 45" W; and 
(ii) within a 20-yard radius of 44 deg. 16' 30" N, 068 deg. 18' 47" W; 
and (3) all the waters of Rockland Harbor, Maine off of Station 
Rockport (i) within a 75-yard radius of 44 deg. 06' 16" N, 069 deg.06' 
04" W; and (ii) within a 60-yard radius of 44 deg. 06' 19" N, 
069 deg.06' 07" W.
    (b) Effective date. This section is effective from 6 p.m. September 
19, 2001 until March 17, 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 Portland.
    (2) All persons and vessels shall comply with the instructions of 
the Captain of the Port 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 
Coast Guard, Coast Guard Auxiliary, local, state, and federal law 
enforcement vessels. Emergency response vessels are authorized to move 
within the zone, but must abide by restrictions imposed by the Captain 
of the Port.
    (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 19, 2001.
M. P. O'Malley,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-24538 Filed 10-1-01; 8:45 am]
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