[Federal Register Volume 67, Number 92 (Monday, May 13, 2002)]
[Rules and Regulations]
[Pages 31958-31961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11919]


-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing 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: This rule is effective beginning June 15, 2002.

ADDRESSES: 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 LANTAREA 02-001 and are available for inspection or 
copying at Commander (Amr), Coast Guard Atlantic Area, 431 Crawford 
Street, Portsmouth, VA 23704-5004 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:

[[Page 31959]]

Regulatory Information

    On September 21, 2001, the Coast Guard published a temporary final 
rule entitled ``Protection of Naval Vessels'' in the Federal Register 
(66 FR 48779). The temporary final rule continues until June 15, 2002.
    On February 21, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled ``Protection of Naval Vessels'' in the Federal Register 
(67 FR 7992). We received no letters commenting on the proposed rule. 
No public hearing was requested, and none was held.

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. Prior to issuing the temporary final rule on September 21, 
2001, no regulation existed implementing 14 U.S.C. 91.
    We determined that a continuing need existed for the protection of 
naval vessels. Therefore, we are establishing a final rule that will 
replace the temporary rule.
    The temporary final rule continues until June 15, 2002. The 
permanent final rule becomes effective June 15, 2002.

Discussion of Comments and Changes

    We received no comments on the proposed rule. Therefore, we have 
made no changes and plan to implement the provisions of the proposed 
rule as written.

Regulatory Evaluation

    This 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).
    Although this regulation restricts access to the regulated area, 
the effect of this 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.

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 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 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.

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 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.
    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.

[[Page 31960]]

Indian Tribal Governments

    This 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.

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.lD, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection and copying where indicated 
under ADDRESSES.

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 amends 
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 
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.

[[Page 31961]]

    (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: April 26, 2002.
Thad W. Allen,
Vice Admiral, U.S. Coast Guard, Commander, Atlantic Area.
[FR Doc. 02-11919 Filed 5-10-02; 8:45 am]
BILLING CODE 4910-15-P