[Federal Register Volume 66, Number 199 (Monday, October 15, 2001)]
[Proposed Rules]
[Pages 52365-52367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25907]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-148]
RIN 2115-AA97


Safety and Security Zones; Newport Naval Station, Newport, RI

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 vicinity of Newport Naval Station, Newport, Rhode Island, 
which will be enforced during times when U.S. or foreign naval vessels 
make port visits to and are berthed at Newport Naval Station, Newport, 
Rhode Island. The safety and security zones are needed to safeguard the 
public, the area encompassing Coddington Cove, and visiting vessels and 
their crews, from sabotage or other subversive acts, accidents, or 
other causes of a similar nature. Entry into these zones during times 
in which visiting vessels are berthed is prohibited unless previously 
authorized by the Captain of the Port, Providence, Rhode Island, or by 
his authorized patrol representative. The Coast Guard will announce via 
Broadcast Notice to Mariners when visiting navel vessels will be 
present in the zones.

DATES: This rule is effective from October 2, 2001, to March 31, 2002.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection and copying at Marine Safety Office Providence, 20 Risho 
Avenue, East Providence, Rhode Island between the hours of 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT David C. Barata at Marine Safety 
Office Providence, (401) 435-2335.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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 on September 11, 2001, this 
rulemaking is urgently necessary to protect the national security 
interests of the United States and its allies 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 
U.S. and foreign naval vessels intending to visit Newport Naval Station 
in the immediate future, as well as their crews, the public, and the 
area adjoining Coddington Cove.

Background and Purpose

    From June 25 through September 30, 2001, safety and security zones 
were established around the Newport Naval Station to protect U.S. Navy 
vessels visiting Newport Naval Station between that time period, as 
well as their crews,

[[Page 52366]]

the public, and the surrounding area. These zones encompassed an area 
bound as follows: From a point beginning on land at Latitude 
41 deg.32'13" N, Longitude 071 deg.18'43" W; thence westward along the 
breakwater to a point on the breakwater at Latitude 41 deg.31'58" N, 
Longitude 071 deg.19'28" W; thence southeasterly 1100 yards to a point 
on the end of Pier 1 at Latitude 41 deg.31'38" N, Longitude 
071 deg.19'06" W; thence east to a point on land at Latitude 
41 deg.31'43" N, Longitude 071 deg.18'47" W; thence north along the 
shoreline to the beginning point.
    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 are likely. 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. From 
October 1, 2001, to March 31, 2002, various visiting U.S. or foreign 
Navy vessels will be berthed at Pier 2 on the Newport Naval Station, 
Newport, RI. Pier 2 is located within Coddington Cove, along the East 
Passage of Narragansett Bay. The safety and security zones are needed 
to protect visiting vessels, their crews, and the public, from harmful 
or subversive acts, accidents or other causes of a similar nature in 
the vicinity of Coddington Cove. The safety and security zones have 
identical boundaries, and include all waters bound as follows: From a 
point beginning on land at Latitude 41 deg.32'13" N, Longitude 
071 deg.18'43" W; thence westward along the breakwater to a point on 
the breakwater at Latitude 41 deg.31'58" N, Longitude 071 deg.19'28" W; 
thence southerly 1150 yards to Coddington Point at Latitude 
41 deg.31'26" N, Longitude 071 deg.19'26" W; thence counterclockwise 
along the shoreline to the beginning point. All persons, other than 
those approved by the Captain of the Port or his authorized patrol 
representative will be prohibited from entering into the zones during 
times in which visiting vessels are present and the zones are enforced. 
The zones encompass the area within a line drawn from the western most 
edge of the charted breakwater to the eastern most edge of Coddington 
Point. The public will be made aware of dates and times visiting navel 
vessels will be present in the zones through a Broadcast Notice to 
Mariners made from U.S. Coast Guard Group Woods Hole. U.S. Navy 
personnel will assist in the enforcement of these zones.

Regulatory Evaluation

    This 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 sizes of the zones are the minimum necessary to provide 
adequate protection for visiting vessels, their crews, adjoining areas, 
and the public. The entities most likely to be affected are lobstermen 
engaged in setting and retrieving pots, and pleasure craft engaged in 
recreational activities and sightseeing. These individuals and vessels 
have ample space outside of the safety and security zones to engage in 
these activities and therefore they will not be subject to undue 
hardship. Commercial vessels, excluding lobstermen, do not normally 
transit the area of the safety and security zones. Any lobstermen who 
have gear deployed within the safety and security zones, may request 
permission from the COTP or his authorized patrol representative to 
enter the zones to retrieve their gear. Any hardships experienced by 
persons or vessels are considered minimal compared to the national 
interest in protecting visiting vessels, their crews, and the public.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses and 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 will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit into Coddington Cove from October 1, 2001 to March 31, 2002. 
The safety and security zones will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: Vessel traffic can pass safely around the area and only a 
small number of commercial fishing vessels operate in the area. Vessels 
engaged in recreational activities, sightseeing and commercial fishing 
have ample space outside of the safety and security zones to engage in 
these activities. Before the effective period, we will issue maritime 
advisories 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 (Public Law 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. If your 
small business or organization would be affected by this rule and you 
have questions concerning its provisions or options for compliance, 
please call LT David C. Barata, telephone (401) 435-2335. 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 comments 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 collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this action under Executive Order 13132, and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates

    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 direct costs 
without the Federal Government having first provided the funds to pay 
those costs. This rule will not impose an unfunded mandate.

[[Page 52367]]

Taking of Private Property

    This temporary 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 temporary 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 temporary 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 
implementing this temporary 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.

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.

List of Subjects in 33 Part 165

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

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

PART 165--[AMENDED]

    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.T01-148 to read as follows:


Sec. 165.T01-148  Safety and Security Zones: Naval Station Newport, 
Newport, RI.

    (a) Location. The following area is a safety and security zone: 
From a point beginning on land at Latitude 41 deg.32'13" N, Longitude 
071 deg.18'43' W; thence westward along the breakwater to a point on 
the breakwater at Latitude 41 deg.31'58" N, Longitude 071 deg.19"28" W; 
thence southerly 1150 yards to Coddington Point at Latitude 
41 deg.31'26" N, Longitude 071 deg.19'26" W; thence counterclockwise 
along the shoreline to the beginning point.
    (b) Effective period. This section is effective from October 2, 
2001, through March 31, 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 these zones during 
times in which visiting naval vessels are present is prohibited unless 
previously authorized by the Captain of the Port (COTP) Providence or 
his authorized patrol representative.
    (2) No person may swim upon or below the surface of the water 
within the boundaries of the safety and security zones during times in 
which visiting naval vessels are present, unless previously authorized 
by the COTP Providence or his authorized patrol representative.
    (3) All persons and vessels shall comply with the instructions of 
the COTP, and the designated on-scene U.S. Coast Guard or Navy patrol 
personnel. U.S. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the U.S. Coast Guard. Navy patrol 
personnel include commissioned, warrant, and petty officers of the U.S. 
Navy.
    (4) The general regulations covering safety and security zones in 
Secs. 165.23 and 165.33, respectively, of this part apply.

    Dated: October 2, 2001.
Mark G. VanHaverbeke,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-25907 Filed 10-12-01; 8:45 am]
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