[Federal Register Volume 67, Number 221 (Friday, November 15, 2002)]
[Rules and Regulations]
[Pages 69132-69134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29069]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

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


Regulated Navigation Area, Safety and Security Zones; Long Island 
Sound Marine Inspection and Captain of the Port Zone

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 a 
regulated navigation area (RNA) and certain safety and security zones 
published January 4, 2002. This change will extend the effective period 
of the temporary final rule through March 15, 2003, allowing adequate 
time for informal rulemaking to develop a permanent rule. This rule 
will continue to regulate the conditions 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 anchored Coast Guard 
vessels.

DATES: The amendments of Sec. Sec.  165.T01-153 and 165.T01-154 in this 
rule are effective November 15, 2002. Sections 165.T01-153 and 165.T01-
154, added at 67 FR 519 and 520, January 4, 2002, effective December 
10, 2001 until June 15, 2002, and extended at 67 FR 40861, June 14, 
2002 through November 15, 2002, as amended in this rule, are extended 
in effect through March 15, 2003.

ADDRESSES: Documents indicated in this preamble are available for 
inspection and copying at Waterways Management, Coast Guard Group/
Marine Safety Office Long Island Sound, 120 Woodward Ave., New Haven, 
CT 06512, between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant A. Logman, Waterways 
Management, Coast Guard GP/MSO Long Island Sound at (203) 468-4429.

Regulatory Information

    On January 4, 2002, we published a temporary final rule (TFR) 
entitled ``Regulated Navigation Areas, Safety And Security Zones: Long 
Island Sound Marine Inspection Zone and Captain of the Port Zone'' in 
the Federal Register (67 FR 517). The effective period for that rule 
was from December 10, 2001 until

[[Page 69133]]

June 15, 2002 and it was then extended through November 15, 2002. (67 
FR 40859, June 14, 2002).
    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The original TFR was urgently 
required to prevent terrorist strikes within and adjacent to waters 
within the Long Island Sound Marine Inspection Zone and Captain of the 
Port Zone. 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 that 
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 Ports of 
Long Island Sound.
    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 prevent future terrorist attacks. The delay 
inherent in the NPRM process for developing a permanent rule 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 Zone and Captain of the Port Zone vulnerable to 
subversive activity, sabotage or 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. The 
present TFR has not been burdensome on the maritime public. The Coast 
Guard has not received written comments or suggestion to modify the 
scope of the existing TFR.

Background and Purpose

    On September 11, 2001, two commercial aircraft were hijacked from 
Logan Airport in Boston, MA and flown into the World Trade Center in 
New York, NY 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. The Coast Guard established RNA's 
and safety and security zones within defined areas of water as part of 
a comprehensive, port security regime designed to safeguard human life, 
vessels and waterfront facilities from sabotage or terrorist acts. As 
mentioned in the original TFR, these regulations were designed to 
provide the Captain of the Port of Long Island Sound with maximum 
flexibility to respond to emergent threats and dangerous conditions. 
When less stringent security measures are required, the Captain of the 
Port communicates relaxed enforcement policies to the public. As a 
result, the full scope of these regulations is rarely imposed. 
Nevertheless, the flexibility to utilize those measures permitted by 
the TFR and required by the circumstances is vital to ensure port 
security in the present environment.
    A change in the effective period of this rule was published on June 
14, 2002 (67 FR 40859), which extended the rule through November 15, 
2002. This change was necessary in order to conduct rulemaking for the 
establishment of permanent safety and security zones and regulated 
navigation area. Additional time is necessary to ensure the public has 
sufficient time to participate in the rulemaking process. The Coast 
Guard is extending the effective date of this rule until March 15, 
2003, to allow the establishment of permanent safety and security 
zones, and a regulated navigation area by notice and comment 
rulemaking.

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 10(e) 
of the regulatory policies and procedures of DOT is unnecessary. This 
finding is based on that the sizes of the zones are the minimum 
necessary to provide adequate protection for the public, vessels, and 
vessel crews. Any vessels seeking entry into or movement within the 
safety and security zones must request permission from the Captain of 
the Port or his authorized patrol representative. Any hardships 
experienced by persons or vessels are considered minimal compared to 
the national interest 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 subversive acts, 
accidents, or other causes of a similar nature.
    The Coast Guard will be publishing a NPRM to establish permanent 
safety and security zones and the regulated navigation area that are 
temporarily effective under this rule.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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.
    For the reasons addressed under the ``Regulatory Evaluation'' 
above, the Coast Guard expects the impact of this regulation to be 
minimal and certifies under section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601-612) that this final rule will not have a 
significant economic impact on a substantial number of small entities. 
Maritime advisories will be initiated by normal methods and means and 
be widely available 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 offered to assist small 
entities in understanding the rule so that they could 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 Lieutenant A. Logman, Waterways 
Management, Coast Guard GP/MSO, Long Island Sound, (203) 468-4429.
    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).

[[Page 69134]]

Collection of Information

    This rule calls for no new collection of information requirements 
under the Paperwork Reduction Act (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

    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.

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.

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 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, and 160.5; 49 CFR 1.46.

    2. Revise temporary Sec.  165.T01-153(c) to read as follows:


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

* * * * *
    (c) Effective dates. This section is effective from December 10, 
2001 through March 15, 2003.
* * * * *

    3. Revise temporary Sec.  165.T01-154(b) to read as follows:


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

* * * * *
    (b) Effective dates. This section is effective from November 15, 
2002 through March 15, 2003.
* * * * *

    Dated: November 7, 2002.
V.S. Crea,
Rear Admiral, Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-29069 Filed 11-12-02; 4:49 pm]
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