[Federal Register Volume 67, Number 96 (Friday, May 17, 2002)]
[Rules and Regulations]
[Pages 35035-35037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12422]


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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; change in effective period.

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SUMMARY: The Coast Guard is extending the effective period of the 
safety and security zones published on December 12, 2001. This change 
will extend the effective date of the temporary final rule from June 
15, 2002, until September 15, 2002, allowing adequate time for the 
Coast Guard to develop a permanent rule. This rule will continue to 
prohibit vessels from entering into these prohibited zones unless 
authorized by the Captain of the Port, Providence, Rhode Island, or an 
authorized representative.

DATES: The amendment to Sec. 165. T01-188 is effective May 17, 2002. 
Section 165.T01-188, added at 66 FR 64144, December 12, 2001, effective 
October 6, 2001 until June 15, 2002, is extended in effect until 
September 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, at (401) 435-2335.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On December 12, 2001, we published a temporary final rule (TFR) 
entitled ``Safety And Security Zones: High Interest Vessel Transits, 
Narragansett Bay, Providence River, and Taunton River, Rhode Island'' 
in the Federal Register (66 FR 64144). The effective period for this 
rule was from October 6, 2001, through June 15, 2002.
    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(3), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The original TFR was 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. It was anticipated that we would 
assess the security environment at the end of the effective period to 
determine whether continuing security precautions were required and, if 
so, propose regulations responsive to existing conditions. We have 
determined the need for continued security regulations exists. The 
Coast Guard will utilize the extended effective period of this TFR to 
engage in notice and comment rulemaking to develop permanent 
regulations tailored to the present and foreseeable security 
environment within the Captain of the Port (COTP) Providence Zone.
    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 were intended to facilitate ongoing response efforts and prevent 
future terrorist attack. The Coast Guard will be publishing a NPRM to 
establish permanent safety and security zones that are temporarily 
effective under this rule. This revision preserves the status quo 
within the Port while permanent rules are developed. Since the start of 
the effective date of this regulation in October, 2001, approximately 
six high interest vessel transits have occurred under these temporary 
regulations. Disruptions to waterway users have been minimal and no 
complaints have been received.

Background and Purpose

    Terrorist attacks against the World Trade Center in Manhattan, New 
York on September 11, 2001 inflicted catastrophic human casualties and 
property damage. The threat of terrorism remains high. We believe that 
high interest vessels continue to require a higher degree of security 
than was

[[Page 35036]]

provided by Federal regulations prior to September 11, 2001. The 
temporary rule is only effective until June 15, 2002. The Coast Guard 
is extending the effective date of this rule until September 15, 2002, 
to allow the establishment of permanent safety and security zones by 
notice and comment rulemaking.

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). 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 three hours, and vessels may transit 
ahead or astern of the zones. 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. Approximately six high 
interest vessels have transited under these temporary regulations since 
October 6, 2001. In each case, commercial and recreational vessels have 
been able to safely transit around the zones with minimal disruption.

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. 
Although this regulation prohibits simultaneous use of the channel, the 
outbound or inbound transit of a high interest vessel will last a 
maximum of three hours and marine advisories will be issued prior to 
transit of a high interest vessel. In addition, vessels may transit 
ahead or astern of the safety and security zones. While a high interest 
vessel is moored, commercial traffic and small recreational traffic may 
request to move through the safety and security zones with the patrol 
commander. Before the effective period, maritime advisories will be 
issued 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, at (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 new collection of information under the 
Paperwork Reduction Act (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this action under Executive Order 13132, 
Federalism, 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 rule will not affect 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 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, 
because it does not have 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

[[Page 35037]]

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.

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, Security Measures, Waterways.


    For the reasons set out 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. Revise temporary Sec. 165.T01-188(b) to read as follows:


Sec. 165.T01-188  Safety and Security Zones: High Interest Vessel 
Transits, Narragansett Bay, Providence River, and Taunton River, Rhode 
Island.

* * * * *
    (b) Effective date. This rule is effective from October 6, 2001, 
through September 15, 2002.
* * * * *

    Dated: April 24, 2002.
Mark G. VanHaverbeke,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 02-12422 Filed 5-17-02; 8:45 am]
BILLING CODE 4910-15-P