[Federal Register Volume 67, Number 35 (Thursday, February 21, 2002)]
[Proposed Rules]
[Pages 7992-7996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4205]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[LANT AREA-02-001]
RIN 2115-AG33


Protection of Naval Vessels

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes regulations for the safety and 
security of U.S. naval vessels in the navigable waters of the United 
States. Naval vessel protection zones will provide for the regulation 
of vessel traffic in the vicinity of many U.S. naval vessels in the 
navigable waters of the United States.

DATES: Comments and related material must reach the Coast Guard on or 
before April 22, 2002.

ADDRESSES: You may mail comments and related material to Commander 
(Amr), Coast Guard Atlantic Area, 431 Crawford Street, Portsmouth, VA 
23704-5004. Commander (Amr) maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket LANT AREA 02-001 and are available for inspection or 
copying at Commander (Amr), 431 Crawford Street, Portsmouth, VA, room 
416 between 9 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Commander Chris Doane, Commander 
(Amr), Coast Guard Atlantic Area, 431 Crawford Street, Portsmouth, VA 
23704-5004; telephone number (757) 398-6372.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (LANT AREA 
02-001), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commander (Amr), Coast Guard 
Atlantic Area, at the address under ADDRESSES explaining why one would 
be beneficial. If we determine that one would aid this rulemaking, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    These zones are necessary to provide for the safety and security of 
United States naval vessels in the navigable waters of the United 
States. The regulations are issued under the authority contained in 14 
U.S.C. 91.
    On September 21, 2001, the Coast Guard published a temporary final 
rule entitled ``Protection of Naval Vessels'' in the Federal Register 
(66 FR 48779). Prior to issuing this temporary final rule, no 
regulation existed implementing 14 U.S.C. 91. The temporary final rule 
is in effect until June 15, 2002. The Coast Guard has

[[Page 7993]]

received one letter. The U.S. Navy Commander in Chief, Atlantic Fleet 
has identified a continuing requirement for these protection zones and 
requested a permanent final rule. No public hearing has been requested, 
and none has been held.
    We have determined that a continuing need exists for the protection 
of naval vessels. Therefore, we are establishing a final rule that will 
replace the temporary rule by June 15, 2002. Based on our experience 
with the temporary final rule, we have made some changes that are 
detailed at length in the ``Discussion'' section of this preamble.

Discussion of Proposed Rule

    This proposed rule, for safety and security concerns, controls 
vessel movement in a regulated area surrounding many U.S. naval 
vessels. All vessels within 500 yards of such a U.S. naval vessel shall 
operate at the minimum speed necessary to maintain a safe course, 
unless required by the Navigation Rules to maintain speed, and shall 
always proceed as directed by the Coast Guard, the senior naval officer 
present in command, or the official patrol. No vessel or person is 
allowed within 100 yards of a U.S. naval vessel greater than 100 feet 
in length unless authorized by the Coast Guard, the senior naval 
officer present in command, or the official patrol.
    In the proposed rule, we altered the definition of ``navigable 
waters of the United States.'' In the temporary final rule, we cited to 
33 CFR 2.05-25 for the definition of navigable waters. The Coast Guard 
has plans to amend these regulations to re-define the terms in 33 CFR 
part 2. When the 33 CFR part 2 amendments are complete, 33 CFR 2.05-25 
may no longer exist (66 FR 61897, 61941, December 3, 2001). We, 
therefore, now propose to simply refer to 33 CFR part 2 for the 
definition of navigable waters of the United States.
    In the proposed rule, ``official patrol'' is now defined as those 
personnel designated and supervised by a senior naval officer present 
in command and tasked to monitor a naval vessel protection zone, permit 
entry into the zone, give legally enforceable orders to persons or 
vessels within the zone, and take other actions authorized by the U.S. 
Navy. The proposed rule does not limit the senior naval officer's 
discretion in designating the official patrol since this is an 
operational decision based on the totality of the circumstances and 
governed by a number of U.S. Navy practices and directives.
    In the proposed rule, the term ``senior naval officer present in 
command'' is more clearly defined than in the temporary final rule. In 
the temporary final rule, the note to section 165.2020(b) defined the 
term ``senior naval officer present in command.'' This note has been 
eliminated and replaced with a formal definition of the term based on 
the text of 32 CFR 700.901. In the proposed rule, a senior naval 
officer present in command is, unless otherwise designated by competent 
authority, the senior line officer of the U.S. Navy on active duty, 
eligible for command at sea, who is present and in command of any part 
of the Department of the Navy in the area. We anticipate that the 
senior naval officer present in command normally will be the Commanding 
Officer of a U.S. naval vessel or his or her military designee. 
However, it is possible that the U.S. Navy may occasionally designate a 
different officer.
    When necessary, the senior naval officer present in command has 
full authority to enforce the proposed regulation and may directly 
assist any Coast Guard enforcement personnel who are present in the 
vicinity of a U.S. naval vessel. Any Coast Guard commissioned, warrant, 
or petty officer may enforce the rules and regulations contained in the 
proposed rule. In almost all cases, however, only on scene Coast Guard 
personnel will be involved in direct enforcement of the proposed rule, 
especially when a mariner is arranging safe passage between his or her 
vessel and an underway U.S. naval vessel. On very rare occasions, the 
Coast Guard Captain of the Port or District Commander may become 
involved with granting permission for a vessel transit through a naval 
vessel protection zone around a moored or anchored U.S. naval vessel. 
At no time should these officials, or any other Coast Guard member not 
at the immediate scene, be expected to arrange for safe passage between 
an underway vessel and an underway U.S. naval vessel.
    In the proposed rule, the definition of ``U.S. naval vessel'' has 
been expanded to include any pre-commissioned vessel under construction 
for the U.S. Navy, once launched into the water, and any vessel under 
the operational control of a Combatant Command. The full definition now 
reads that a U.S. naval vessel is any vessel owned, operated, 
chartered, or leased by the U.S. Navy; any pre-commissioned vessel 
under construction for the U.S. Navy, once launched into the water; and 
any vessel under the operational control of the U.S. Navy or a 
Combatant Command.
    This broad definition includes vessels traditionally recognized as 
U.S. Navy vessels (aircraft carriers, submarines, frigates, etc.) and 
other vessels that are less easily recognized. For example, the U.S. 
Transportation Command (TRANSCOM) is a Combatant Command, and consists 
of the Navy's Military Sealift Command (MSC), the Army's Military 
Traffic Management Command (MTMC), and the Air Force's Air Mobility 
Command (AMC). Any vessel under TRANSCOM operational control meets the 
definition of a U.S. naval vessel.
    Pre-commissioned U.S. Navy vessels have distinctive U.S. Navy 
markings and profiles, usually including hull numbers, the ship's name, 
and U.S. Navy coloring. There are strong public policy reasons to 
protect these pre-commissioned vessels and the U.S. Navy personnel 
assigned to them.
    The definition of U.S. naval vessel also includes floating drydocks 
that meet all other requirements and any U.S. naval vessel in a 
commercial drydock within the navigable waters of the United States.
    The proposed rule contains new language to more accurately describe 
the current command and control structure over U.S. naval vessels. In 
the definition of U.S. naval vessel, the term ``unified commander'' has 
been replaced with ``Combatant Command.'' The term ``Combatant 
Command'' is described in 10 U.S.C. 162 and 10 U.S.C. 164. The term 
``Combatant Command'' includes such unified commands as TRANSCOM and 
U.S. Joint Forces Command (JFCOM).
    The proposed rule states that naval vessel protection zones exist 
around U.S. naval vessels greater than 100 feet in length overall. The 
zones exist around these vessels at all times in the navigable waters 
of the U.S., whether the U.S. naval vessel is underway, anchored, 
moored, or within a floating drydock, except when the naval vessel is 
moored or anchored within a restricted area or within a naval defensive 
sea area. The primary purpose of this rule is to provide security for 
U.S. naval vessels that are moored or anchored away from their normal 
homeports and while moving through the navigable waters. Since most 
U.S. Navy piers are already protected by either restricted areas or 
naval defensive sea zones, the naval vessels within these areas do not 
require naval vessel protection zones.
    Only larger U.S. naval vessels are surrounded by a naval vessel 
protection zone to minimize this rule's effect on the public. For 
example, small U.S. Naval Academy sailboats or other recreational 
vessels meet the definition of a ``U.S. naval vessel'' but do not 
require naval vessel protection zones. Moreover, the presence of a zone 
around

[[Page 7994]]

these naval vessels could unnecessarily interfere with other mariners. 
Likewise, tugboats owned or leased by the U.S. Navy fit the definition 
of ``U.S. naval vessel,'' but do not require naval vessel protection 
zones.
    The proposed rule defines U.S. naval vessels over 100 feet in 
length overall as ``large U.S. naval vessels.'' This definition helps 
us avoid long, and potentially confusing, sentences in parts of the 
proposed rule.
    The proposed rule contains several additional provisions to limit 
public impact. Vessels that need to pass within 100 yards of a large 
U.S. naval vessel may contact the Coast Guard, the senior naval officer 
present in command, or the official patrol on VHF-FM channel 16 to 
obtain the necessary permission.
    Additionally, the Coast Guard, senior naval officer present in 
command, or the official patrol should permit vessels constrained by 
their navigational draft or restricted in their ability to maneuver to 
pass within 100 yards of a large U.S. naval vessel in order to ensure a 
safe passage in accordance with the Navigation Rules.
    Similarly, commercial vessels anchored in a designated anchorage 
area should be permitted to remain at anchor within 100 yards of a 
passing large U.S. naval vessel when consistent with security 
requirements. As illustrated by the October 12, 2000, attack on the 
U.S.S. COLE, all vessels are potentially a security threat; therefore, 
vessels may, at times, be required to move. From a pure security 
perspective, all anchored vessels should be required to move. We 
believe, however, that security must be balanced with the burden on 
mariners and encourage enforcement officials to limit the impact on 
larger vessels, which are the most expensive and difficult to move.
    In the proposed rule, we added language to address the situation 
where a naval vessel protection zone around a moored or anchored U.S. 
naval vessel effectively shuts down a narrow waterway. This situation 
could arise when a U.S. naval vessel makes a temporary port visit away 
from its normal homeport. In this situation, the Coast Guard, senior 
naval officer present in command, or the official patrol should permit 
transiting vessels to pass within 100 yards of the moored U.S. naval 
vessel with the minimal delay consistent with security requirements. 
This proposed rule does not intend to block narrow waterways from 
public use for extended periods of time. Mariners should anticipate 
some delay due to security needs. However, by including this new 
language in the regulation text, we want to make it clear that the 
Coast Guard, senior naval officer present in command, or the official 
patrol should, when appropriate, allow transiting vessels within the 
100-yard exclusionary zone as needed to safely pass through a navigable 
channel or waterway. While maintaining security is paramount, avoiding 
extended delays in normal traffic is also very important.
    We also added language that the Coast Guard, senior naval officer 
present in command, or the official patrol should give advance notice 
on VHF-FM channel 16 of all movements by large U.S. naval vessels once 
security concerns permit publicizing the movement. The goal is to give 
as much advance notice as possible. In most cases, however, this notice 
will probably be no more than an hour or two. These notifications 
should, to some extent, help mariners adjust their navigation plans 
accordingly or obtain early permission to enter into a naval vessel 
protection zone.
    Violations of these regulations are punishable as a class D felony 
(imprisonment for not more than 6 years and a fine of not more than 
$250,000), a civil penalty, and may result in rem liability against the 
vessel.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, 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).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    Although this proposed regulation restricts access to the regulated 
area, the effect of this proposed regulation will not be significant 
because: (i) Individual naval vessel protection zones are limited in 
size; (ii) the Coast Guard, senior naval officer present in command, or 
official patrol may authorize access to the naval vessel protection 
zone; (iii) the naval vessel protection zone for any given transiting 
naval vessel will only effect a given geographical location for a 
limited time; and (iv) when conditions permit, the Coast Guard, senior 
naval officer present in command, or the official patrol should give 
advance notice of all naval vessel movements on VHF-FM channel 16 so 
mariners can adjust their plans accordingly. Further, the Coast Guard 
received no comments related to economic impact following 
implementation of the temporary final rule.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, 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 proposed 
rule will not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule will affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to operate near or anchor in the vicinity of U.S. naval 
vessels in the navigable waters of the United States.
    This proposed regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: (i) Individual naval vessel protection zones are limited in 
size; (ii) the official patrol may authorize access to the naval vessel 
protection zone; (iii) the naval vessel protection zone for any given 
transiting naval vessel will only affect a given geographic location 
for a limited time; and (iv) when conditions permit, the Coast Guard, 
senior naval officer present in command, or the official patrol should 
give advance notice of all naval vessel movements on VHF-FM channel 16 
so mariners can adjust their plans accordingly. Further, the Coast 
Guard received no comments related to small entity impact following 
implementation of the temporary final rule.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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

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understanding this proposed rule so that they can better evaluate its 
effects on them and participate in the rulemaking. If the rule would 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact the address listed under ADDRESSES.

Collection of Information

    This proposed rule calls for no new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed 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 proposed rule 
and concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES. Further, 
the Coast Guard received no comments related to environmental impact 
following implementation of the temporary final rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 subpart G reads as follows:

    Authority: 14 U.S.C 91 and 633; 49 CFR 1.45.

    2. Subpart G is added to part 165 to read as follows:
Subpart G--Protection of Naval Vessels
Sec.
165.2010   Purpose.
165.2015   Definitions.
165.2020   Enforcement Authority.
165.2025   Atlantic Area.

Subpart G--Protection of Naval Vessels


Sec. 165.2010  Purpose.

    This subpart establishes the geographic parameters of naval vessel 
protection zones surrounding U.S. naval vessels in the navigable waters 
of the United States. This subpart also establishes when the U.S. Navy 
will take enforcement action in accordance with the statutory 
guidelines of 14 U.S.C. 91. Nothing in the rules and regulations 
contained in this subpart shall relieve any vessel, including U.S. 
naval vessels, from the observance of the Navigation Rules. The rules 
and regulations contained in this subpart supplement, but do not 
replace or supercede, any other regulation pertaining to the safety or 
security of U.S. naval vessels.


Sec. 165.2015  Definitions.

    The following definitions apply to this subpart:
    Atlantic Area means that area described in 33 CFR 3.04-1 Atlantic 
Area.
    Large U.S. naval vessel means any U.S. naval vessel greater than 
100 feet in length overall.
    Naval defensive sea area means those areas described in 32 CFR part 
761.
    Naval vessel protection zone is a 500-yard regulated area of water 
surrounding large U.S. naval vessels that is necessary to provide for 
the safety or security of these U.S. naval vessels.
    Navigable waters of the United States means those waters defined as 
such in 33 CFR part 2.
    Navigation rules means the Navigation Rules, International-Inland.
    Official patrol means those personnel designated and supervised by 
a senior naval officer present in command and tasked to monitor a naval 
vessel protection zone, permit entry into the zone, give legally 
enforceable orders to persons or vessels within the zone, and take 
other actions authorized by the U.S. Navy.
    Pacific Area means that area described in 33 CFR 3.04-3 Pacific 
Area.
    Restricted area means those areas established by the Army Corps of 
Engineers and set out in 33 CFR part 334.
    Senior naval officer present in command is, unless otherwise

[[Page 7996]]

designated by competent authority, the senior line officer of the U.S. 
Navy on active duty, eligible for command at sea, who is present and in 
command of any part of the Department of Navy in the area.
    U.S. naval vessel means any vessel owned, operated, chartered, or 
leased by the U.S. Navy; any pre-commissioned vessel under construction 
for the U.S. Navy, once launched into the water; and any vessel under 
the operational control of the U.S. Navy or a Combatant Command.
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of 
transportation on water, except U.S. Coast Guard or U.S. naval vessels.


Sec. 165.2020  Enforcement Authority.

    (a) Coast Guard. Any Coast Guard commissioned, warrant or petty 
officer may enforce the rules and regulations contained in this 
subpart.
    (b) Senior naval officer present in command. In the navigable 
waters of the United States, when immediate action is required and 
representatives of the Coast Guard are not present or not present in 
sufficient force to exercise effective control in the vicinity of large 
U.S. naval vessels, the senior naval officer present in command is 
responsible for the enforcement of the rules and regulations contained 
in this subpart to ensure the safety and security of all large naval 
vessels present. In meeting this responsibility, the senior naval 
officer present in command may directly assist any Coast Guard 
enforcement personnel who are present.


Sec. 165.2025  Atlantic Area.

    (a) This section applies to any vessel or person in the navigable 
waters of the United States within the boundaries of the U.S. Coast 
Guard Atlantic Area, which includes the First, Fifth, Seventh, Eighth 
and Ninth U.S. Coast Guard Districts.

    Note to Sec. 165.2025 paragraph (a): The boundaries of the U.S. 
Coast Guard Atlantic Area and the First, Fifth, Seventh, Eighth and 
Ninth U.S. Coast Guard Districts are set out in 33 CFR part 3.

    (b) A naval vessel protection zone exists around U.S. naval vessels 
greater than 100 feet in length overall at all times in the navigable 
waters of the United States, whether the large U.S. naval vessel is 
underway, anchored, moored, or within a floating drydock, except when 
the large naval vessel is moored or anchored within a restricted area 
or within a naval defensive sea area.
    (c) The Navigation Rules shall apply at all times within a naval 
vessel protection zone.
    (d) When within a naval vessel protection zone, all vessels shall 
operate at the minimum speed necessary to maintain a safe course, 
unless required to maintain speed by the Navigation Rules, and shall 
proceed as directed by the Coast Guard, the senior naval officer 
present in command, or the official patrol. When within a naval vessel 
protection zone, no vessel or person is allowed within 100 yards of a 
large U.S. naval vessel unless authorized by the Coast Guard, the 
senior naval officer present in command, or official patrol.
    (e) To request authorization to operate within 100 yards of a large 
U.S. naval vessel, contact the Coast Guard, the senior naval officer 
present in command, or the official patrol on VHF-FM channel 16.
    (f) When conditions permit, the Coast Guard, senior naval officer 
present in command, or the official patrol should:
    (1) Give advance notice on VHF-FM channel 16 of all large U.S. 
naval vessel movements; and
    (2) Permit vessels constrained by their navigational draft or 
restricted in their ability to maneuver to pass within 100 yards of a 
large U.S. naval vessel in order to ensure a safe passage in accordance 
with the Navigation Rules; and
    (3) Permit commercial vessels anchored in a designated anchorage 
area to remain at anchor when within 100 yards of passing large U.S. 
naval vessels; and
    (4) Permit vessels that must transit via a navigable channel or 
waterway to pass within 100 yards of a moored or anchored large U.S. 
naval vessel with minimal delay consistent with security.

    Note to Sec. 165.2025 paragraph (f): The listed actions are 
discretionary and do not create any additional right to appeal or 
otherwise dispute a decision of the Coast Guard, the senior naval 
officer present in command, or the official patrol.


    Dated: February 8, 2002.
T.C. Paar,
Captain, Coast Guard, Commander, Atlantic Area, Acting.
[FR Doc. 02-4205 Filed 2-20-02; 8:45 am]
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