[Federal Register Volume 67, Number 187 (Thursday, September 26, 2002)]
[Proposed Rules]
[Pages 60630-60633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24444]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD14-02-002]
RIN 2115-AA97


Regulated Navigation Areas and Security Zones; Escorted Vessels--
Philippine Sea, Guam, Apra Harbor, Guam and Tanapag Harbor, Saipan, 
Commonwealth Northern Mariana Islands

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish regulated navigation 
areas (RNAs) and security zones for vessels determined to be in need of 
a Coast Guard escort by the Captain of the Port (COTP) Guam. The 
security zones for these escorted vessels will close all waters of 
Philippine Sea, Guam, Apra Harbor, Guam (including Cabras Island 
Channel), and Tanapag Harbor, Saipan, Commonwealth Northern Mariana 
Islands, within a 100-yard radius around an escorted vessel while in 
the RNA. This action is necessary to protect personnel, vessels, and 
facilities from sabotage or other subversive acts, accidents, or other 
events of a similar nature. The RNAs will require vessels within 500 
yards of an escorted vessel to travel at minimum safe speed and the 
security zones will prohibit unauthorized entry within a 100-yard 
radius of an escorted vessel in these RNAs. This rule is not intended 
to replace or modify the existing RNAs and zones found in 33 CFR Sec.  
165.1401, 33 CFR Sec.  165.1402, and 33 CFR Sec.  165.1404.

DATES: Comments and related materials must reach the Coast Guard on or 
before November 25, 2002.

[[Page 60631]]


ADDRESSES: You may mail comments and material to Commanding Officer, 
Coast Guard Marine Safety Office Guam, PSC 455 Box 176, FPO AP 96540-
1057. Marine Safety Office Guam 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, 
will become part of this docket and will be available for inspection or 
copying at this location between 7 a.m. and 3:30 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Fred Meadows, Coast Guard 
Marine Safety Office Guam at (671) 339-2001.

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 you name 
and address, identify the docket number for this rulemaking (CGD14-02-
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 
your submission 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.
    In our final rule, we will include a concise general statement of 
comments received and identify any changes from the proposed rule based 
on the comments. If we make the final rule effective in less than 
thirty (30) days after publication in the Federal Register, we will 
explain our good cause for doing so as required by 5 U.S.C. 553(d)(3).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Marine Safety Office Guam 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 separate notice in the Federal Register.

Background and Purpose

    Terrorist incidents within the United States on September 11, 2001 
have called for the implementation of measures to protect U.S. seaports 
and transportation infrastructure. In addition, national security and 
intelligence officials warn that future terrorist attacks against 
civilian targets are anticipated and that U.S. seaports are 
particularly vulnerable. These rules are intended to provide for the 
safety and security of the public, maritime commerce, and 
transportation by protecting persons, vessels, and seaport facilities 
in the waters of Philippine Sea, Guam, Apra Harbor, Guam, and Tanapag 
Harbor, Saipan, Commonwealth Northern Mariana Islands (CNMI). These 
rules are intended to enable the COTP Guam to provide effective port 
security, while minimizing the publics' confusion and ease the 
administrative burden of implementing separate temporary security zones 
for each escorted vessel.

Discussion of Proposed Rule

    The Coast Guard proposes to establish RNAs and security zones for 
vessels determined by the COTP to be in need of a Coast Guard escort. 
The security zones will close all waters of Philippine Sea, Guam, Apra 
Harbor, Guam (including Cabras Island Channel), and Tanapag Harbor, 
Saipan (CNMI), within a 100-yard radius around each escorted vessel in 
transit, at anchor, or while moored in a regulated navigation area. 
These security zones are necessary to protect personnel, vessels, 
seaport facilities, and other transportation infrastructure from acts 
of sabotage or other subversive acts, accidents, or other events of a 
similar nature. These security zones extend from the surface of the 
water to the ocean floor. Entry into these zones is prohibited unless 
authorized by the COTP Guam. Representatives of the COTP will enforce 
these security zones. The COTP may be assisted by other federal or 
state agencies. Periodically, by Broadcast Notice to Mariners, the 
Coast Guard will announce the existence or status of the security zones 
in this rule. The RNAs will require vessels within 500 yards of an 
escorted vessel to travel at minimum safe speed and the security zones 
will prohibit unauthorized entry within a 100-yard radius of an 
escorted vessel in these RNAs.

Regulatory Evaluation

    The 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). The U.S. Coast 
Guard expects the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DOT is unnecessary. This 
expectation is based on the limited duration of the zones. Vessels will 
also be able to transit the RNAs freely outside of any security zones. 
In addition, the COTP may allow vessels in the security zones on a 
case-by-case basis.

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, 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. No small business impacts are anticipated due to the 
small size of the zones and the short duration of the security zones in 
any one area.

Assistance for Small Entities

    Under section 231(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1968 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Lieutenant Fred 
Meadows, Coast Guard Marine Safety Office Guam, at (671) 339-2001.

Collection of Information

    This proposed rule would call 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 
government and would either preempt State law or impose a substantial 
direct cost of compliance on them. The Coast Guard

[[Page 60632]]

has analyzed this proposed rule under that Order and has 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 proposed rule will not result in such 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed 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 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 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. 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 M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket 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 set out 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 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. Add Sec.  165.1405 to read as follows:
    Sec.  165.1405 Regulated Navigation Areas and Security Zones; 
Designated Escorted Vessels--Philippine Sea and Apra Harbor, Guam 
(including Cabras Island Channel), and Tanapag Harbor, Saipan, 
Commonwealth Northern Mariana Islands (CNMI).(a) Regulated navigation 
area. The following areas, designated by coordinates referencing World 
Geodetic Datum (1984), are regulated navigation areas (RNAs).
    (1) Philippine Sea, Guam--All waters from the surface to the bottom 
of the Philippine Sea, Guam, encompassed by lines connecting the 
following points, beginning at 13[deg]27'10'' N, 144[deg]35'05'' E, 
thence easterly to 13[deg]27'17'' N, 144[deg]37'27'' E, thence south 
westerly to 13[deg]26'52'' N, 144[deg]37'05'' E, thence westerly to 
13[deg]26'37'' N, 144[deg]35'05'' E, thence due north back to point of 
origin.
    (2) Apra Harbor, Guam--All waters from surface to bottom of Apra 
Harbor, Guam, shoreward of the COLREGS Demarcation as described in 33 
CFR 80.
    (3) Tanapag Harbor--The waters from surface to bottom of Tanapag 
Harbor, Saipan (CNMI), encompassed by lines connecting the following 
points, beginning at 15[deg]12'10'' N, 145[deg]40'28'' E, thence north 
easterly to 15[deg]14'08'' N, 145[deg]42'00'' E, thence due east to 
15[deg]14'08'' N, 145[deg]44'02'' E, thence south easterly to 
15[deg]13'54'' N, 144[deg]44'20'' E, thence south westerly along the 
shoreline to 15[deg]13'11'' N, 145[deg]43'01'' E, thence southwesterly 
to 15[deg]12'10'' N, 145[deg]40'28'' E.
    (4) Cabras Island Channel, Guam--All waters from surface to bottom 
of Cabras Island Channel, Guam, beginning at point 13[deg]27'34'' N, 
144[deg]39'39'' E and extending southeasterly to position 
13[deg]27'24'' N, 144[deg]39'59'' E then heading easterly along the 
shoreline to position 13[deg]27'31'' N, 144[deg]40'22'' E then heading 
north to position 13[deg]27'37'' N, 144[deg]40'22'' E following the 
shoreline in a westerly direction back to point of origin.
    (b) Security zones. A 100-yard radius security zone is established 
around, and is centered on, each escorted vessel within the regulated 
navigation areas in paragraph (a) of this section. A security zone is 
activated when an escorted vessel enters an RNA and remains active 
until the escorted vessel leaves the RNA. This is a moving security 
zone when the escorted vessel is in transit and becomes a fixed zone 
when the escorted vessel is anchored or moored. A security zone will 
not extend beyond the boundary of the RNA in this section.
    (c) Definitions. As used in this section:
    (1) Escorted Vessel means any vessel operating in the RNA deemed by 
the COTP to be in need of escort protection for security reasons or 
under other circumstances. A designated representative aboard a Coast 
Guard cutter or patrol boat will accompany vessels deemed in need of 
escort protection into the RNA.
    (2) Navigation rules mean international and inland navigation rules 
in 33 CFR chapter I, subchapters D and E.
    (3) 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.
    (4) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer that has been authorized to act on behalf of 
the COTP.
    (d) Regulations. (1) No person or vessel may enter into the 
security zones under this section unless authorized by

[[Page 60633]]

the COTP Guam or a designated representative.
    (2) A vessel in the RNA established under paragraph (a) of this 
section operating within 500 yards of an escorted vessel must proceed 
at a minimum speed necessary to maintain a safe course, unless required 
to maintain speed by the navigation rules.
    (3) When an escorted vessel in the RNA approaches within 100 yards 
of a vessel that is moored, or anchored in a designated anchorage area, 
the stationary vessel must stay moored or anchored while it remains 
within the escorted vessel's security zone unless it is either ordered 
by, or given permission from the COTP Guam or a designated 
representative to do otherwise.
    (4) The COTP will inform the public of the existence or status of 
the security zones around escorted vessels in the RNA periodically by 
Broadcast Notice to Mariners.
    (5) Persons or vessels that must enter a security zone or exceed 
speed limits established in this section may contact the COTP at 
command center telephone number (671) 339-6100 or on VHF channel 16 
(156.8 Mhz) to request permission.
    (6) All persons and vessels within 500 yards of an escorted vessel 
in the RNA must comply with the orders of the COTP Guam or his 
designated representatives.
    (e) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

    Dated: September 12, 2002.
G.A. Wiltshire,
Acting Captain, U.S. Coast Guard, Commander, Fourteenth Coast Guard 
District.
[FR Doc. 02-24444 Filed 9-25-02; 8:45 am]
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