[Federal Register Volume 68, Number 19 (Wednesday, January 29, 2003)]
[Rules and Regulations]
[Pages 4383-4385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2061]



[[Page 4383]]

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

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 of the Northern Mariana Islands

AGENCY: Coast Guard DOT.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing 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 of the 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 165.1401, 33 CFR 
165.1402, and 33 CFR 165.1404.

DATES: This rule is effective January 29, 2003.

ADDRESSES: 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, are part of this docket and are 
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:

Regulatory Information

    On September 26, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled ``Regulated Navigation Areas and Security Zones; 
Escorted Vessels-Philippine Sea, Guam, Apra Harbor, Guam and Tanapag 
Harbor, Saipan, Commonwealth Northern Mariana Islands'' in the Federal 
Register (67 FR 60630). We received two letters commenting on the 
proposed rule. No public hearing was requested and none was held. Under 
5 U.S.C. 553(d)(3), the Coast Guard finds good cause for making this 
rule effective less than 30 days after publication in the Federal 
Register. Any delay in the effective date of this regulation would be 
contrary to the public interest since prompt action is needed to ensure 
the security of vessels, ports, facilities, and the maritime 
communities of this region. Prompt implementation would provide 
adequate security measures needed to protect vulnerable vessels and 
maritime infrastructure from potential threats.

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 of the 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 Comments and Changes

    The Coast Guard received two letters following the publication of 
the notice of proposed rulemaking (67 FR 60630). Both letters fully 
supported the proposed rules. However, one letter raised two issues 
concerning the impact of the rules on harbor traffic.
    One issue is that shipyards may find it difficult for their vessels 
to transit and moor near Navy vessels needing repair. The other issue 
raised the concern that recreational water activities (banana boats, 
jet skis, sea walker, and divers) near Hotel Wharf might be temporarily 
relocated to alternative sites during periods when the security zones 
are in effect. The Coast Guard considers these issues to be minimal 
given the small size and the short duration of the security zones in 
any given area. In addition, persons or vessels that must enter a 
security zone may request and receive permission from the COTP via 
telephone or VHF channel 16 on a case-by-case basis. The Coast Guard 
has considered these issues and has determined no change to the 
proposed rule is required.

Regulatory Evaluation

    The 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 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 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 (Pub. L. 104-121),

[[Page 4384]]

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. 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 Fred 
Meadows, Coast Guard Marine Safety Office Guam, at (671) 339-2001.

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 
government and would either preempt State law or impose a substantial 
direct cost of compliance on them. The Coast Guard has analyzed this 
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 rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

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 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.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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 M16475.1D, 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 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. 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 of the 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 part 80.
    (3) Tanapag Harbor, Saipan--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 south westerly 
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 south easterly 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:

[[Page 4385]]

    (1) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer that has been authorized to act on behalf of 
the COTP.
    (2) 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.
    (3) Navigation rules mean international and inland navigation rules 
in 33 CFR chapter I, subchapters D and E.
    (4) 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.
    (d) Regulations. (1) No person or vessel may enter into the 
security zones under this section unless authorized by 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: January 17, 2003.
G.A. Wiltshire,
Captain, Coast Guard, Commander, Fourteenth Coast Guard District 
(Acting).
[FR Doc. 03-2061 Filed 1-28-03; 8:45 am]
BILLING CODE 4910-15-P