[Federal Register Volume 67, Number 3 (Friday, January 4, 2002)]
[Rules and Regulations]
[Pages 517-520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-160]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-187]
RIN 2115-AA84, 2115-AA97


Regulated Navigation Areas, Safety And Security Zones: Long 
Island Sound Marine Inspection and Captain of the Port Zone

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary regulated 
navigation area (RNA) and two safety and security zones. The rule will 
regulate the circumstances under which certain vessels may enter, 
transit or operate within the regulated navigation area and will 
exclude all vessels from operating within 700 yards of the Millstone 
Nuclear Power Plant or 100 yards of an anchored Coast Guard vessel. 
This action is necessary to ensure public safety and prevent sabotage 
or terrorist acts.

DATES: This rule is effective from December 10, 2001 until June 15, 
2002.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Group/Marine Safety Office Long Island Sound, 
120 Woodward Avenue, New Haven, CT between the hours of 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander P.J. Maguire, 
Group/Marine Safety Office Long Island Sound, Prevention Department, at 
(203) 468-4401.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the

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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 with a 
plane launched from Newark, NJ on the same day. National security and 
intelligence officials warn that future terrorist attacks against 
civilian targets may be anticipated. This rulemaking is urgently 
required to prevent future terrorist strikes within and adjacent to 
waters within the Long Island Sound Marine Inspection and Captain of 
the Port Zone. The delay inherent in the NPRM process is contrary to 
the public interest insofar as it may render individuals, vessels and 
facilities within and adjacent to the Long Island Sound Marine 
Inspection and Captain of the Port Zone 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 future terrorist attack against 
individuals, vessels and waterfront facilities within or adjacent to 
the Long Island Sound Marine Inspection and Captain of the Port Zone. 
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.

Background and Purpose

    On September 11, 2001, terrorists launched attacks on civilian and 
military targets within the United States killing large numbers of 
people and damaging properties of national significance. Vessels 
operating within the Long Island Sound Marine Inspection and Captain of 
the Port Zone present possible targets of terrorist attack or platforms 
from which terrorist attacks may be launched upon other vessels, 
waterfront facilities and adjacent population centers. The Coast Guard 
has established a Regulated Navigation Area within the waters of Long 
Island Sound Marine Inspection and Captain of the Port Zone, as part of 
a comprehensive, port security regime designed to safeguard human life, 
vessels and waterfront facilities from sabotage or terrorist acts. The 
Captain of the Port will determine the threat posed by and to affected 
vessels within the Regulated Navigation Area and may establish 
conditions, under which they are allowed to enter, transit or operate 
within the area. Prior to the determination of whether and under what 
conditions a vessel may enter, transit or operate within the Regulated 
Navigation Area, vessels may be directed by the Captain of the Port to 
temporarily anchor in a specific location within the Regulated 
Navigation Area. In addition, the Coast Guard has established a safety 
and security zone that restricts movement within 700 yards of the 
Millstone Nuclear Power Plant in Waterford, CT. Safety and security 
zones are established for all waters within 100 yards of all anchored 
Coast Guard vessels.

Regulated Navigation Area

    The rule establishes a regulated navigation area (RNA) comprised of 
the waters of the Long Island Sound Marine Inspection and Captain of 
the Port Zone extending seaward 12 nautical miles from the territorial 
sea baseline. Affected vessels are required to obtain authorization 
from the Captain of the Port before crossing the three nautical mile 
line from any southern or eastern approach. The three nautical mile 
line is measured from the territorial sea baseline. This line is 
depicted on National Oceanic and Atmospheric Administration (NOAA) 
nautical charts, including chart numbers 13205, 12353, and 12326.
    In order to obtain authorization, a vessel subject to this rule may 
be required to undergo a port security inspection to the satisfaction 
of the Captain of the Port. Vessels awaiting a port security inspection 
or Captain of the Port authorization to enter will be directed to 
anchor in a specific location.
    All vessels over 1,600 gross tons operating inside the line 
extending seaward three nautical miles from the territorial sea 
baseline must receive authorization from the Captain of the Port prior 
to any vessel movement. This requirement enables the Captain of the 
Port to maintain control over the movement of vessels that pose a 
potential threat to other vessels, waterfront facilities and adjacent 
population centers. The Captain of the Port may authorize a vessel 
subject to this rule to enter a port or place within the RNA under such 
circumstances and conditions as he deems appropriate to minimize the 
threat of injury to the vessel, the port, waterfront facilities or 
adjacent population centers resulting from sabotage or terrorist acts 
launched against or from the vessel.
    Vessels 300 gross tons or greater may not transit through the Lower 
Thames River and the Naval Submarine Base New London Restricted Area, 
established in 33 CFR 334.75(a), at a speed in excess of 8 knots. This 
speed restriction does not apply to public vessels as defined in 33 USC 
1321(a)(4).

Safety and Security Zones

    The rule also establishes safety and security zones. One zone is 
being established within a 700-yard radius from the stack at the 
Millstone Power Plant. This zone is being established to protect the 
power plant, persons and vessels from subversive or terrorist acts. We 
have created additional zone defined by reference to a fixed radius 
around Coast Guard vessels anchored in the RNA. These zones are 
intended principally to protect the vessels themselves from subversive 
or terrorist acts.
    No person or vessel may enter or remain in the prescribed safety 
and security zone at any time without the permission of the Captain of 
the Port. Each person or vessel in a safety and security zone shall 
obey any direction or order of the Captain of the Port. The Captain of 
the Port may take possession and control of any vessel in a safety and 
security zone and/or remove any person, vessel, article or thing from a 
security zone.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12886, Regulatory Planning and Review, 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 final rule to 
be so minimal that a full Regulatory Evaluation under paragraph 10e of 
the regulatory policies and procedures of DOT is unnecessary. This 
finding is based on the relatively small area which vessels are 
prohibited from operating within. It is contemplated that vessels will 
be able to operate elsewhere within the RNA once the Captain of the 
Port has determined that the vessels do not pose a threat to 
individuals, other vessels or waterfront facilities. Any hardships 
experienced by persons or vessels are considered minimal compared to 
the national interest in protecting the public, vessels, and vessel 
crews from the further devastating consequences of the aforementioned 
acts of terrorism, and from potential future sabotage or other

[[Page 519]]

subversive acts, accidents, or other causes of a similar nature.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard has not yet determined whether this proposal will 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 is not presently able 
to certify 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. However, 
given the continued risk and potential damage to the national security 
interests of the United States, in addition to the need to protect and 
safeguard innocent civilians within and near the port, it is necessary 
to implement this regulation before said analysis may be fully 
accomplished. Maritime advisories will be initiated by normal methods 
and means and will be widely available to users of the area.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard 
wants to assist small entities in understanding this final rule so that 
they can better evaluate its effects on them and participate in the 
rulemaking. If your small business or organization would be affected by 
this final rule and you have questions concerning its provisions or 
options for compliance, please call Lieutenant Commander P.J. Maguire, 
Marine Safety Office Long Island Sound, at (203) 468-4401. 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 new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This 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 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 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 create 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, 
because it does not have 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.

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.

Environment

    We have considered the environmental impact of this 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 for inspection or copying where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

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


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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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.T01-153 to read as follows:


Sec. 165.T01-153  Regulated Navigation Area: Long Island Sound Marine 
Inspection and Captain of the Port Zone.

    (a) Regulated navigation area location. All waters of the Long 
Island Sound Marine Inspection and Captain of the Port Zone, as 
delineated in 33 CFR 3.05-35, extending seaward to a line 12 nautical 
miles from the territorial sea baseline, are established as a regulated 
navigation area (RNA).
    (b) Applicability. This section applies to all vessels operating 
within the RNA, except the following:
    (1) Recreational vessels;

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    (2) Vessels operating exclusively within the Marine Inspection and 
Captain of the Port Zone;
    (3) Vessels on a single voyage which depart from and return to the 
same port or place within the RNA;
    (4) U.S. flagged public vessels; and
    (5) Primary towing vessels engaged in towing tank barges carrying 
petroleum oil in bulk as cargo and issuing the securite calls required 
under 33 CFR 165.100(d)(2).
    (c) Effective dates. This section is effective from December 10, 
2001 until June 15, 2002.
    (d) Regulations. (1) Speed restrictions in vicinity of Naval 
Submarine Base New London and Lower Thames River. Vessels of 300 gross 
tons or more may not proceed at a speed over eight knots in the Thames 
River from New London Harbor channel buoys 7 and 8 (Light List numbers 
21875 and 21880 respectively) north through the upper limit of the 
Naval Submarine Base New London Restricted Area, as specified in 33 CFR 
334.75(a). All vessels less than 300 gross tons are exempt from this 
rule. This speed restriction does not apply to public vessels as 
defined in 33 U.S.C. 1321(a)(4). The U.S. Navy and other Federal, State 
and municipal agencies may assist the U.S. Coast Guard in the 
enforcement of this rule.
    (2) All inbound vessels operating within the RNA must be inspected 
to the satisfaction of the United States Coast Guard and must obtain 
authorization from the Captain of the Port before crossing the line 
three nautical miles from the territorial sea baseline.
    (3) Vessels awaiting inspection or Captain of the Port 
authorization to enter within the three nautical mile line will be 
directed to anchor in a specific location within the Regulated 
Navigation Area.
    (4) Vessels over 1,600 gross tons operating in the RNA within the 
line extending seaward three nautical miles from the territorial sea 
baseline must receive authorization from the Captain of the Port prior 
to any vessel movements.

    3. Add temporary Sec. 165.T01-154 to read as follows:


Sec. 165.T01-154  Safety and Security Zones: Long Island Sound Marine 
Inspection Zone and Captain of the Port Zone.

    (a) Safety and security zones. The following are established as 
safety and security zones:
    (1) Safety and Security Zone A: The waters of Long Island Sound 
south, east and west of the Millstone Power Plant within a seven 
hundred (700) yard radius of the stack at Millstone, Lat. 41 deg.18'34" 
North, Long. 72 deg.9'57" West (NAD 83).
    (2) Safety and Security Zone B. U. S. Coast Guard vessels: All 
waters within a 100-yard radius of any anchored U. S. Coast Guard 
vessel.
    (b) Effective date. This section is effective from December 10, 
2001 until June 15, 2002.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 and 165.33 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.

    Dated: December 10, 2001.
G. N. Naccara,
Rear Admiral, U.S. Coast Guard, District Commander.
[FR Doc. 02-160 Filed 1-3-02; 8:45 am]
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