[Federal Register Volume 66, Number 239 (Wednesday, December 12, 2001)]
[Rules and Regulations]
[Pages 64144-64146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30750]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-188]
RIN 2115-AA97


Safety and Security Zones: High Interest Vessel Transits, 
Narragansett Bay, Providence River, and Taunton River, RI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety and security 
zones around high interest vessels operating in the Providence, Rhode 
Island Captain of the Port Zone. The safety and security zones are 
needed to safeguard the public, high interest vessels and their crews, 
and other vessels and their crews, and the Port of Providence, Rhode 
Island from sabotage or other subversive acts, accidents, or other 
causes of a similar nature. Entry into these zones is prohibited unless 
authorized by the Captain of the Port, Providence, Rhode Island, or 
authorized representative. The Coast Guard will announce via broadcast 
notice to mariners the times and dates during which the zones will be 
enforced.

DATES: This rule is effective from October 6, 2001, until June 15, 
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

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b), the Coast Guard finds that good 
cause exists for not publishing an NPRM. 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 the highly volatile 
nature of the high interest vessels covered by this rule and the 
potential catastrophic impact of an attack on a high interest vessel, 
this rulemaking is urgently required to prevent possible terrorist 
strikes against high interest vessels within and adjacent to Rhode 
Island Sound, Narragansett Bay, and the Providence and Taunton Rivers. 
The delay inherent in the NPRM process is contrary to the public 
interest insofar as it would render high interest vessels in 
Narragansett Bay and the Port of Providence vulnerable to subversive 
activity, sabotage or terrorist attack.
    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 are intended to prevent possible terrorist attack against high 
interest vessels, and to protect other vessels, waterfront facilities, 
the public and the Port of Providence from potential sabotage or other 
subversive acts, accidents or other causes of a similar nature. 
Immediate action is required to accomplish these objectives. Any delay 
in the effective date of this rule is impracticable and contrary to the 
public interest.
    This zone should have minimal impact on the users of Narragansett 
Bay and the Providence and Taunton Rivers due to the following reasons: 
High interest vessel transits are infrequent. While a high interest 
vessel is at anchor, mariners have ample room to transit around the 
zones. During transits, most mariners can safely maneuver outside the 
main shipping channels. Mariners requiring use of the channels will 
only be restricted from entering the safety and security zones for a 
maximum of three hours during the transit of a high interest vessel. 
While moored at a facility, commercial traffic and small recreational 
traffic will have an opportunity to coordinate movement through the 
safety and security zones with the Captain of the Port's 
representative. Notifications will be made prior to the effective 
period via local notice to mariners and marine information broadcasts.

Background and Purpose

    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

[[Page 64145]]

heightened security concerns, safety and security zones are prudent for 
vessels which may be likely targets of terrorist acts. From October 6, 
2001 to June 15, 2002, various high interest vessels will be transiting 
Narragansett Bay en route commercial facilities in the upper Providence 
River and Taunton River. For purposes of this rulemaking, high interest 
vessels operating in the Captain of the Port Providence zone include 
barges or ships carrying liquefied petroleum gas (LPG), liquefied 
natural gas, chlorine, anhydrous ammonia, or any other cargo deemed to 
be high interest by the Captain of the Port. Title 33 CFR 165.121 
currently provides for safety zones for LPG vessels while at anchor in 
Rhode Island Sound, while transiting Narragansett Bay and the 
Providence River, and while LPG vessels are either moored at the Port 
of Providence LPG facility or at the manifolds connected at the Port of 
Providence LPG facility. However, in light of the current terrorist 
threats to national security, this zone is insufficient to protect LPG 
vessels while anchored in Rhode Island Sound, or while a vessel is 
transiting or moored in the Port of Providence. Moreover, this 
rulemaking is necessary to protect other high interest vessels not 
currently covered by 33 CFR 165.121. This rulemaking will temporarily 
suspend 33 CFR 165.121 and temporarily add the safety and security 
zones provided for hereunder as 33 CFR 165.T01-188. These safety and 
security zones are needed to protect high interest vessels, their 
crews, and the public, from harmful or subversive acts, accidents or 
other causes of a similar nature. The safety and security zones have 
identical boundaries, as follows: (1) All waters of Rhode Island Sound 
within a one-half mile radius of any high interest vessel while the 
vessel is anchored within one-half mile of the position Latitude 
41 deg.25' N, Longitude 71 deg.23' W; (2) all waters of Rhode Island 
Sound, Narragansett Bay, the Providence and Taunton Rivers two (2) 
miles ahead and one (1) mile astern and extending 1000 yards on either 
side of any high interest vessel transiting Narragansett Bay, or the 
Providence and Taunton Rivers; (3) all waters and land within a 1000-
yard radius of any high interest vessel moored at a waterfront facility 
in the Providence Captain of the Port zone. All persons, other than 
those approved by the Captain of the Port or authorized representative 
will be prohibited from entering into the safety and security zones 
during times in which the zones are enforced. The public will be made 
aware of dates and times during which the safety and security zones 
will be enforced through a Broadcast Notice to Mariners made from U.S. 
Coast Guard Group Woods Hole. These regulations are issued under 
authority contained in 50 U.S.C. 191, 33 U.S.C. 1223, 1225 and 1226.

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 high interest vessels and their crews, other 
vessels operating in the vicinity of high interest vessels and their 
crews, adjoining areas, and the public. The entities most likely to be 
affected are commercial vessels transiting the main ship channel en 
route the upper Providence River and Taunton River and pleasure craft 
engaged in recreational activities and sightseeing. The safety and 
security zones will prohibit any commercial vessels from meeting or 
overtaking a high interest vessel in the main ship channel, effectively 
prohibiting use of the channel. However, the zones will only be 
effective during the vessel transits, which will last for approximately 
3 hours. In addition, vessels are able to safely transit around the 
zones while a vessel is moored or at anchor in Rhode Island Sound. Any 
hardships experienced by persons or vessels are considered minimal 
compared to the national interest in protecting high interest 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 the main ship channel in Narragansett Bay, Providence River, 
and the Taunton River at the same time as high interest vessels. The 
safety and security zones will not have a significant economic impact 
on a substantial number of small entities for several reasons: Small 
vessel traffic can pass safely around the area and vessels engaged in 
recreational activities, sightseeing and commercial fishing have ample 
space outside of the safety and security zones to engage in these 
activities. When a high interest vessel is at anchor, vessel traffic 
will have ample room to maneuver around the safety and security zones. 
The outbound or inbound transit of a high interest vessel will last a 
maximum of three hours. Although this regulation prohibits simultaneous 
use of the channel, this prohibition is of short duration and marine 
advisories will be issued prior to transit of a high interest vessel. 
While a high interest vessel is moored, commercial traffic and small 
recreational traffic will have an opportunity to coordinate movement 
through the safety and security zones with the patrol commander. 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 (Pub. L. 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 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 collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501-3520.).

[[Page 64146]]

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.

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 CFR 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 and 160.5; 49 CFR 1.46.


    2. From October 6, 2001 through June 15, 2002, Sec. 165.121 is 
temporarily suspended and Sec. 165.T01-188 is temporarily added as 
follows:


Sec. 165.T01-188  Safety and Security Zones: High Interest Vessels, 
Narragansett Bay, Rhode Island.

    (a) Location. The following areas are safety and security zones:
    (1) All waters of Rhode Island Sound within a one half mile radius 
of any high interest vessel while the vessel is anchored within one 
half mile of the point Latitude 41 deg.25' N, Longitude 71 deg.23' W; 
(2) all waters of Rhode Island Sound, Narragansett Bay, the Providence 
and Taunton Rivers two (2) miles ahead and one (1) mile astern, and 
extending 1000 yards on either side of any high interest vessel 
transiting Narragansett Bay, or the Providence and Taunton Rivers; (3) 
all waters and land within a 1000-yard radius of any high interest 
vessel moored at a waterfront facility in the Providence Captain of the 
Port zone.
    (b) Effective date. This rule is effective from October 6, 2001, 
through June 15, 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, 
including below the surface of the water, during times in which high 
interest vessels are present and the zones are enforced is prohibited 
unless authorized by the COTP Providence or authorized representative.
    For the purposes of this rule, high interest vessels operating in 
the Captain of the Port Providence zone include barges or ships 
carrying liquefied petroleum gas (LPG), liquefied natural gas, 
chlorine, anhydrous ammonia, or any other cargo deemed to be high 
interest by the Captain of the Port.
    (2) All persons and vessels shall comply with the instructions of 
the COTP, and the designated on-scene U.S. Coast Guard personnel and 
any personnel from Federal, state, county, municipal or private 
agencies designated by the Captain of the Port to assist with the 
enforcement of these safety and security zones.
    (3) The general regulations covering safety and security zones in 
Secs. 165.23 and 165.33, respectively, of this part apply.

    Dated: October 6, 2001.
J.D. Stieb,
Captain, U.S. Coast Guard, Acting Captain of the Port.
[FR Doc. 01-30750 Filed 12-11-01; 8:45 am]
BILLING CODE 4910-15-U