[Federal Register Volume 68, Number 158 (Friday, August 15, 2003)]
[Rules and Regulations]
[Pages 48798-48803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20929]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-02-104]
RIN 1625-AA00, AA11


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a regulated navigation area 
(RNA) and two safety and security zones. The rule regulates the 
circumstances under which certain vessels may enter, transit or operate 
within the RNA and excludes all vessels from operating within the 
prescribed safety and security zones without first obtaining 
authorization from the Captain of the Port. This action is necessary to 
ensure public safety and prevent sabotage or other subversive acts.

DATES: This rule is effective August 16, 2003.

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 CGD01-02-104, and are available for inspection or 
copying at Group/MSO Long Island Sound, New Haven, CT, between 9 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays

FOR FURTHER INFORMATION CONTACT: Lieutenant A. Logman, Waterways 
Management Officer, Coast Guard Group/Marine Safety Office Long Island 
Sound at (203) 468-4429.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On March 20, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled ``Regulated Navigation Areas, Safety and Security 
Zones; Long Island Sound Marine Inspection and Captain of the Port 
Zone'' in the Federal Register (68 FR 13643). We received two (2) 
letters commenting on the proposed rule. No public hearing was 
requested, and none was held.
    Good cause exists for making this regulation effective on August 
16, 2003, in less than 30 days after Federal Register publication. 
Delaying publication is unnecessary for the following reasons: Several 
of the permanent regulations described herein have been in effect as 
temporary regulations since December 10, 2001 with no adverse impact; 
the public has had significant and adequate advanced knowledge of the 
intent to implement these as permanent regulations through the notice 
and comment rulemaking process, as well as through outreach to the 
maritime community by the Captain of the Port (COTP) Long Island Sound; 
and the NPRM stated this regulation was designed to replace temporary 
security measures expiring on August 15, 2003. Thus the public has had 
significant advanced knowledge of these regulations and that it was 
necessary that they be effective by August 16, 2003. Any delay 
encountered in this regulation's effective date would also be contrary 
to public interest. As discussed in the Background and Purpose section 
below, these regulations are necessary to address potential terrorist 
threats in the Long Island Sound Marine Inspection and Captain of the 
Port Zone on a permanent basis. If the temporary regulations were to 
expire on August 15, 2003 without permanent regulations being 
implemented, vessels, waterfront facilities, the maritime community, 
public infrastructure, and the public in general in the Long Island 
Sound Marine Inspection and Captain of the Port Zone would be left 
vulnerable to possible sabotage or other subversive acts, accidents or 
other causes of a similar nature.

Background and Purpose

    On September 11, 2001, two commercial aircraft were hijacked from 
Logan Airport in Boston, Massachusetts 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 are likely.
    Vessels operating within the Long Island Sound Marine Inspection 
and Captain of the Port (COTP) Zone present potential targets of 
terrorist attack or platforms from which terrorist attacks may be 
launched upon other vessels, waterfront facilities and adjacent 
population centers. Following the September 11 attacks, we published a 
temporary rule (67 FR 517-520, January 4, 2002), which was effective 
December 10, 2001, that established a temporary regulated navigation 
area (RNA) and safety and security zones in the Long Island Sound 
Marine Inspection and COTP Zone. We revised the temporary rule three 
times (67 FR 40859-40861, June 14, 2002, 67 FR 69132, November 15, 
2002, and 68 FR 12304, March 14, 2003) to extend its effective period 
to August 15, 2003. These temporary measures were taken to safeguard 
human life, vessels and waterfront facilities from sabotage or 
terrorist acts while we assessed the security environment within the 
area and determined the need for and

[[Page 48799]]

advisability of permanent security measures.
    The Coast Guard is now establishing a permanent RNA and two 
permanent safety and security zones within Long Island Sound as part of 
a comprehensive, port security regime designed to safeguard human life, 
vessels and waterfront facilities from sabotage or terrorist acts. This 
permanent RNA incorporates the provisions of the temporary RNA that 
have been in place since December 10, 2001, and expands the operating 
requirements for vessels within the RNA. This rule also establishes two 
permanent safety and security zones. The zones have been tailored to 
fit the needs of security, while minimizing the impact on the maritime 
community.

Discussion of Comments and Changes

    We received two (2) letters commenting on the notice of proposed 
rulemaking. The first comment letter recommended that proposed 
regulation 33 Code of Federal Regulations (CFR) 165.153(d)(3) be 
amended to include not only towing vessels engaged in towing tank 
barges carrying petroleum oil in bulk as cargo, but rather to include 
all primary towing vessels engaged in towing. The section has been 
revised to include all towing vessels engaged in towing. In addition, 
we have included a provision in the rule that exempts towing vessels 
engaged in coastwise trade. This revision reflects the intention of the 
proposed rulemaking, which was, in part, to facilitate trade in the 
COTP Long Island Sound Zone consistent with the needs of safety and 
security. This exemption permits coastwise tug and barge units to move 
freely within United States waters.
    In addition, the comment indicated to us that combining the 
inspection and advanced authorization requirements into one regulation 
in proposed section 165.153(d)(3) may have been confusing with respect 
to the two distinct requirements imposed. To clarify these 
requirements, section 165.153(d)(3) has been revised into two separate 
regulations for inspection and authorization, located in the final rule 
in sections 165.153(d)(3) and 165.153(d)(4), respectively. Subsequent 
paragraphs (4) through (8) in the proposed regulation 165.153(d) have 
been renumbered as paragraphs (5) through (9), respectively.
    The second letter contained 12 distinct comments and/or 
recommendations regarding the proposed regulations. Each of these 
comments, and the response taken to each in the final regulations, are 
addressed below:
    The first comment questioned the need for defining ``public 
vessels'' both in sections 165.153(b) and (c)(3). We agree that this is 
unnecessary repetition of the definition of ``public vessels;'' as 
such, the definition of ``public vessels'' has been removed from the 
final rule in section 165.153(b).
    The second comment asked for clarification regarding the definition 
of ``commercial vessel.'' Specifically, the comment asked whether a 
commercial vessel is a vessel in commercial service or a vessel engaged 
in commerce. The proposed regulation used the term ``commercial 
vessel'' as the title of section 165.153(d)(6). While the content of 
this section is clear in its applicability of the vessel operating 
requirements to those vessels in commercial service, the use of the 
term ``commercial vessel'' in this section is potentially confusing. 
This regulation was intended to apply to those vessels engaged in 
commercial service, as that term is defined in section 165.153(c)(1). 
For clarification, the title of the final rule section 165.153(d)(7) 
has been changed to ``vessels engaged in commercial service.'' In 
addition, the text of the regulation has been revised to prohibit 
vessels from entering within a 100-yard radius of any vessel ``engaged 
in commercial service,'' vice the proposed regulation language of 
``vessel in commercial service.''
    The third comment asked whether ``engaged in commerce'' used in the 
definition of public vessel in proposed section 165.153(c)(3) differs 
from the definition of ``commercial service'' in proposed section 
165.153(c)(1). The definitions were intended to be the same in the 
proposed regulation. The use of ``engaged in commerce'' in the proposed 
regulation has been revised to read ``engaged in commercial service''; 
this reflects the intention of the original proposed regulation, and is 
consistent with the derivation of the definition of ``public vessel,'' 
which is found in title 46 United States Code, sections 2101(24)(A) and 
(B).
    The fourth comment asked whether the tonnage threshold in proposed 
section 165.153(d)(2) applies to individual vessels or whether these 
apply to the combined tonnage of towing vessels and their tows. As 
proposed, and as implemented here, the tonnage limitation applies to 
individual vessels. The standard industry practice is for the tugboat 
operator to issue the security call for both manned and unmanned 
barges. It was not the intention of the proposed regulation to require 
vessels under tow to make their own securit[eacute] call in addition to 
that made by the tugboat. In addition, this section was only intended 
to address vessels engaged in towing of barges, and was not intended to 
encompass recreational vessels or commercial assistance towing. The 
final regulation located in section 165.153(d)(2) has been revised as a 
result of this comment to include all vessels engaged in towing barges.
    The fifth comment recommended applying an exemption for vessels in 
innocent passage to proposed regulation 165.153(d)(4), since one was 
applied in proposed section 165.153(d)(3). Innocent passage, as defined 
under Articles 18 and 19 of the 1982 United Nations Convention on the 
Law of the Sea (UNCLOS II), involves ``navigation through the 
territorial sea for the purpose of (a) traversing that sea without 
entering internal waters or calling at a roadstead or port facility 
outside internal waters; or (b) proceeding to or from internal waters 
or a call at such roadstead or port facility.'' Proposed section 
165.153(d)(4) (now section 165.153(d)(5)) requires vessels over 1600 
gross tons operating within three nautical miles from the territorial 
sea baseline to receive COTP authorization prior to vessel movements. 
As the internationally recognized rights of ``innocent passage'' could 
potentially be impacted in this proposed section as well as proposed 
section 165.153(d)(3), we addressed this comment in regards to both 
proposed sections and made appropriate changes in the regulation.
    The inspection and authorization requirements in proposed section 
165.153(d)(3) (now final sections 165.153(d)(3) and (d)(4)) were 
intended to require all vessels bound for a port or place in the United 
States, and not otherwise exempted, to be inspected and/or obtain COTP 
authorization prior to entering within three nautical miles of the 
territorial sea baseline. It contained a complete exemption for vessels 
in innocent passage. The intention of the requirements in proposed 
section 165.153(d)(4) (now section 165.153(d)(5)) was for vessels over 
1600 gross tons, operating within three nautical miles of the 
territorial sea baseline or within internal waters, to be required to 
receive authorization prior to any intentional vessel movements. As 
originally proposed, these two sections, 165.153(d)(3) and (d)(4) were 
intended to protect against vessels entering within or operating within 
three nautical miles of the territorial sea baseline and in the 
internal waters of the United States. These vessels present potential 
security concerns which these regulations were designed to protect 
against.

[[Page 48800]]

    A complete exception for vessels in ``innocent passage'', as 
proposed in section 165.153(d)(3) and sought by the comment in section 
165.153(d)(4) would permit any vessel bound for a port or place in the 
United States to transit within three nautical miles of the territorial 
sea baseline without invoking the regulation's inspection and 
authorization requirements. This would negate the operation and purpose 
of these protective measures. As a result, proposed sections 165.153 
(d)(3) and (d)(4) were rewritten, and references to ``innocent 
passage'' were changed as described herein to allow certain exceptions 
as allowable or required by Treaty and Law, while still allowing for 
effective regulation.
    Innocent passage rights will and must be impacted in certain 
situations in final sections 165.153(d)(3), (d)(4), and (d)(5), to 
maintain the purpose and effectiveness of this regulation. For example, 
any vessel transiting to a port in Unites States internal waters, by 
definition, is considered in ``innocent passage'' while still in the 
territorial sea (which includes the area within three nautical miles of 
the territorial sea baseline) during its transit. Final sections 
165.153(d)(3), (d)(4), and (d)(5) impact the right of ``innocent 
passage'' because they impose requirements which vessels must meet 
before entering within three nautical miles of the territorial sea 
baseline when they are bound for ports or places in United States.
    Even when within three nautical miles of the territorial sea 
baseline, these vessels are in ``innocent passage'' if they are en 
route to a United States port in United States internal waters because 
they are still within United States territorial waters and ``proceeding 
to or from internal waters'' as per Article 18 of UNCLOS II. Yet, if 
the COTP were not permitted to impose requirements on vessels in these 
situations, sections 165.153(d)(3), (d)(4), and (d)(5) of this 
regulation would be meaningless, and potentially dangerous vessels 
claiming ``innocent passage'' bound for United States internal ports 
could transit up to the territorial sea baseline without being 
investigated by the COTP.
    Thus, with regards to innocent passage, only those vessels which 
are not bound for a port or place in the United States will be exempted 
from the requirements of sections 165.153(d)(3), (d)(4), and (d)(5). 
These vessels are of minimal security interest to the COTP. 
Additionally, under 33 U.S.C. 1223(d) such vessels are statutorily 
exempted from the requirements herein (33 U.S.C. 1223(d) falls under 
the Port and Waterways Safety Act, which is one of the authorities 
under which this regulation is promulgated).
    Vessels ``bound for a port or place located in the United States or 
that must transit the internal waters of the United States'' as 
dictated in final sections 165.153(d)(3), (d)(4), and (d)(5) will be 
subject to these regulations, even if in ``innocent passage'' by 
definition under Article 18 1. (b) of the UNCLOS II. Such vessels are 
not exempted from the Port and Waterways Safety Act under 33 U.S.C. 
1223(d). In addition, imposing certain conditions on vessels in 
``innocent passage'' is supported by Article 21 under UNCLOS II, which 
states that coastal nations may adopt laws and regulations relating to 
innocent passage through the territorial sea with respect to, among 
other items, ``the safety of navigation and the regulation of maritime 
traffic * * *, * * * the protection of navigational aids and facilities 
and other facilities or installations * * * and * * * the prevention of 
infringement of the customs, fiscal, immigration or sanitary laws and 
regulations of the coastal State.''
    The sixth comment addressed the appropriateness of proposed section 
165.153(d)(3)'s applicability to all tonnages and recreational vessels, 
as many of the vessels impacted by this section are not required to 
carry radios, making it impossible for them to obtain authorization. 
Proposed section 165.153(d)(3) specifically exempted recreational 
vessels from these requirements, as well as other vessels. The 
intention of this section was to be able to monitor those vessels not 
engaged in commercial service arriving into the United States from a 
foreign port and ensure compliance with appropriate customs and 
immigration requirements. As such, this exemption has been narrowed and 
we have revised final rule sections 165.153(d)(3) and (d)(4) to exempt 
only those vessels not engaged in commercial service whose last port of 
call was in the United States. Vessels to which the regulation applies 
may obtain authorization from the Captain of the Port, Long Island 
Sound, in several ways, including via marine radio, telephone, 
facsimile, or letter. Final rule sections 165.153(d)(3) and (d)(4) have 
been revised to include these options for contacting the COTP.
    The seventh comment raised concern with excluding primary towing 
vessels engaged in towing tank barges carrying petroleum oil in bulk as 
cargo from the inspection and authorization requirements of proposed 
regulation 165.153(d)(3). Specifically, it questioned why this 
requirement was not applicable to tank barges carrying petroleum, and 
questions why these vessels are considered less of a safety and 
security threat. As discussed above, this section is being expanded to 
include all towing vessels engaged in towing in coastwise trade. This 
exemption permits coastwise tug and barge units to move freely within 
United States waters.
    The eighth and ninth comments raised concern with the ability of 
vessels to contact commercial vessels which are moored or anchored to 
request permission to enter the restricted navigation area imposed by 
proposed section 165.153(d)(6). This comment recommended that anchored 
or moored commercial vessels be required to maintain a continuous radio 
watch, and also recommended that the regulation provide for delegation 
of the authority to authorize entry into the zone by the licensed 
master or operator of the vessel to subordinates. As discussed above in 
paragraph 3, the scope of the requirement in the final rule has been 
clarified to include vessels engaged in commercial service, vice all 
commercial vessels, which significantly limits the scope of this 
regulation. For example, this requirement would not apply to a small 
passenger vessel moored at a marina which is not engaged in carrying 
passengers or goods. The master of a vessel is responsible for ensuring 
compliance with this regulation, however, nothing in this regulation 
prohibits the master from developing procedures/orders for the crew to 
ensure its operation is in compliance with the laws and/or regulations 
herein. As such, it is unnecessary to specifically address the 
delegation of this authority in the regulatory text. Vessels seeking 
permission to enter within 100-yards of a vessel engaged in commercial 
service should use all means available to communicate with the vessel; 
if unable to contact the vessel to obtain permission, vessels are not 
permitted to enter within this 100-yard zone. No changes have been made 
to the final rule based on this comment.
    The tenth comment raised questioned whether section 165.153(d)(6) 
created a ``no authorized entry zone'' around commercial vessels of any 
size. There is no size limitation within this regulation; the 
prohibition on entry within 100-yards of a vessel engaged in commercial 
service applies to all vessels engaged in commercial service, 
irrespective of size. No changes have been made to the final rule based 
on this comment.
    The eleventh comment questions whether safety and security zones 
can be implemented around anchored Coast

[[Page 48801]]

Guard vessels in proposed regulation section 165.154(a)(2), because 
proposed section 165.153(b) excludes ``public vessels'' from the 
applicability of the regulations. The public vessel exclusion in 
section 165.153 only applies to that section. It does not apply to 
those regulations in section 165.154. Even if this exclusion was 
applicable to section 165.154, it would not exclude creation of safety 
and security zones around Coast Guard vessels: the applicability 
section addresses who the regulation may be enforced against, not what 
regulations may be imposed. No changes have been made to the final rule 
based on this comment.
    The twelfth and final comment of this letter recommended allowing 
other federal, state and municipal agencies to assist the Coast Guard 
in enforcement of proposed sections 165.153(d)(5)-(7), as is provided 
in section 165.153(d)(1). Section 165.153(d)(1) provides that the U.S. 
Navy and other Federal, State and municipal agencies may assist the 
U.S. Coast Guard in the enforcement of the speed restrictions imposed 
in the vicinity of Naval Submarine Base New London. Title 33 CFR 6.04-
11 provides that the Captain of the Port may enlist the aid of Federal, 
State, municipal and private agencies to assist in the enforcement of 
regulations. It is not necessary to restate this authority in the 
regulatory text. No changes have been made to the regulatory text of 
the final rule based on this comment.
    Lastly, a definition of ``territorial sea baseline'' has been 
included as section 165.153(c)(4). This definition adopts the 
definition of ``territorial sea baseline'' as found in 33 CFR 
subchapter A, and aids in clarity of the requirements imposed by 
section 165.153.

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 Homeland 
Security (DHS).
    The Coast Guard expects the economic impact of this final rule to 
be so minimal that a full Regulatory Evaluation under the regulatory 
policies and procedures of DHS is unnecessary. This regulation may have 
some impact on the public, but these potential impacts will be 
minimized for the following reasons: there is ample room for vessels to 
navigate around each of the safety and security zones; it is 
contemplated that vessels will be able to operate elsewhere within the 
RNA once the Captain of the Port has determined that the vessels do not 
pose a threat to individuals, other vessels or waterfront facilities; 
to the extent that the rule tracks the provisions of temporary rules 
that have been in place since December 10, 2001, our experience 
demonstrates that it not burdensome on the maritime public; and the 
local maritime community will be informed of the zones via marine 
information broadcasts. While recognizing the potential for some 
minimal impact from the rule, the Coast Guard considers it de minimus 
in comparison to the compelling national interest in 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.

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.
    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 may affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in those portions of Long Island Sound and the Thames 
River covered by the RNA and/or safety and security zones.
    This rule will not have a significant impact on a substantial 
number of small entities because the safety and security zones are 
limited in size, leaving ample room for vessels to navigate around the 
zones. The zones will not significantly impact commuter and passenger 
vessel traffic patterns, and mariners will be notified of the zones via 
local notice to mariners and marine broadcasts. Also, the Captain of 
the Port will make broad allowances for individuals to enter the zones 
during periods when the potential threats to the area are deemed to be 
low. The regulations imposed under the RNA will impact a minimal number 
of commercial and recreational vessels, as several of the regulations 
only apply to large commercial vessels. The regulated areas around 
ferry vessels and vessels engaged in commercial service will minimally 
impact those vessels to whom these regulations apply while waiting for 
authorization to enter the regulated area from the licensed operator, 
licensed master, or the designated COTP on-scene patrol. Moreover, the 
ferry vessel regulated navigation area only applies to vessels of 300 
gross tons or greater; the 100-yard regulated navigation area around 
commercial vessels leaves ample room for vessels to navigate outside of 
this area. To the extent that this rule tracks the provisions of 
temporary rules that have been in place since December 10, 2001 our 
experience demonstrates that it has not been burdensome on the maritime 
public.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
wants 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 call Lieutenant A. Logman, 
Waterways Management Officer, Group/Marine Safety Office Long Island 
Sound, at (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).

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 imposes a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have

[[Page 48802]]

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 would 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 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

    The Coast Guard 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.


0
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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.


0
2. Add Sec.  165.153 to read as follows:


Sec.  165.153  Regulated Navigation Area: Long Island Sound Marine 
Inspection and Captain of the Port Zone.

    (a) Regulated Navigation Area location. All waters of the Long 
Island Sound Marine Inspection and Captain of the Port (COTP) Zone, as 
delineated in 33 CFR 3.05-35, extending seaward 12 nautical miles from 
the territorial sea baseline, are established as a regulated navigation 
area (RNA).
    (b) Applicability. This section applies to all vessels operating 
within the RNA excluding public vessels.
    (c) Definitions. The following definitions apply to this section:
    Commercial service means any type of trade or business involving 
the transportation of goods or individuals, except service performed by 
a combatant vessel.
    Ferry means a vessel that:
    (1) Operates in other than ocean or coastwise service;
    (2) Has provisions only for deck passengers or vehicles, or both;
    (3) Operates on a short run on a frequent schedule between two 
points over the most direct water route; and
    (4) Offers a public service of a type normally attributed to a 
bridge or tunnel.
    Public vessels means vessels owned or bareboat chartered and 
operated by the United States, or by a State or political subdivision 
thereof, or by a foreign nation, except when such vessel is engaged in 
commercial service.
    Territorial sea baseline means the line defining the shoreward 
extent of the territorial sea of the United States drawn according to 
the principles, as recognized by the United States, of the Convention 
on the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, and the 
1982 United Nations Convention on the Law of the Sea (UNCLOS), 21 
I.L.M. 1261. Normally, the territorial sea baseline is the mean low 
water line along the coast of the United States.
    (d) Regulations. (1) Speed restrictions in the vicinity of Naval 
Submarine Base New London and Lower Thames River. Unless authorized by 
the Captain of the Port (COTP), vessels of 300 gross tons or more may 
not proceed at a speed in excess of eight knots in the Thames River 
from New London Harbor channel buoys 7 and 8 (Light List numbers 21875 
and 21880 respectively) north through the upper limit of the Naval 
Submarine Base New London Restricted Area, as that area is specified in 
33 CFR 334.75(a). The U.S. Navy and other Federal, State and municipal 
agencies may assist the U.S. Coast Guard in the enforcement of this 
rule.
    (2) Enhanced communications. Vessels of 300 gross tons or more and 
all vessels engaged in towing barges must issue securit[eacute] calls 
on marine band or Very High Frequency (VHF) radio channel 16 upon 
approach to the following locations:
    (i) Inbound approach to Cerberus Shoal; and
    (ii) Outbound approach to Race Rock Light (USCG Light List No. 
19815).
    (3) All vessels operating within the RNA that are bound for a port 
or place located in the United States or that must transit the internal 
waters of the United States, must be inspected to the satisfaction of 
the U. S. Coast Guard, before entering waters within three nautical 
miles from the territorial sea baseline. Vessels awaiting inspection 
will be required to anchor in the manner directed by the COTP. This 
section does not apply to vessels operating exclusively within the Long 
Island Sound Marine Inspection and COTP Zone, vessels on a single 
voyage which depart from and return to the same port or place within 
the RNA, all towing vessels engaged in coastwise trade, vessels in 
innocent passage not bound

[[Page 48803]]

for a port or place subject to the jurisdiction of the United States, 
and all vessels not engaged in commercial service whose last port of 
call was in the United States. Vessels requiring inspection by the COTP 
may contact the COTP via marine band or Very High Frequency (VHF) 
channel 16, telephone at (203) 468-4401, facsimile at (203) 468-4418, 
or letter addressed to Captain of the Port, Long Island Sound, 120 
Woodward Ave., New Haven, CT 06512.
    (4) All vessels operating within the RNA that are bound for a port 
or place located in the United States or that must transit the internal 
waters of the United States, must obtain authorization from the Captain 
of the Port (COTP) before entering waters within three nautical miles 
from the territorial sea baseline. Vessels awaiting COTP authorization 
to enter waters within three nautical miles from the territorial sea 
baseline will be required to anchor in the manner directed by the COTP. 
This section does not apply to vessels operating exclusively within the 
Long Island Sound Marine Inspection and COTP Zone, vessels on a single 
voyage which depart from and return to the same port or place within 
the RNA, all towing vessels engaged in coastwise trade, vessels in 
innocent passage not bound for a port or place subject to the 
jurisdiction of the United States, and all vessels not engaged in 
commercial service whose last port of call was in the United States. 
Vessels may request authorization from the COTP by contacting the COTP 
via marine band or Very High Frequency (VHF) channel 16, telephone at 
(203) 468-4401, facsimile at (203) 468-4418, or letter addressed to 
Captain of the Port, Long Island Sound, 120 Woodward Ave., New Haven, 
CT 06512.
    (5) Vessels over 1,600 gross tons operating in the RNA within three 
nautical miles from the territorial sea baseline that are bound for a 
port or place located in the United States or that must transit the 
internal waters of the United States must receive authorization from 
the COTP prior to transiting or any intentional vessel movements, 
including, but not limited to, shifting berths, departing anchorage, or 
getting underway from a mooring. This section does not apply to vessels 
in innocent passage not bound for a port or place subject to the 
jurisdiction of the United States.
    (6) Ferry vessels. Vessels of 300 gross tons or more are prohibited 
from entering all waters within a 1200-yard radius of any ferry vessel 
transiting in any portion of the Long Island Sound Marine Inspection 
and COTP Zone without first obtaining the express prior authorization 
of the ferry vessel licensed operator, licensed master, COTP, or the 
designated COTP on-scene patrol.
    (7) Vessels engaged in commercial service. No vessel may enter 
within a 100-yard radius of any vessel engaged in commercial service 
while that vessel is transiting, moored, or berthed in any portion of 
the Long Island Sound Marine Inspection and COTP zone, without the 
express prior authorization of the vessel's licensed operator, master, 
COTP, or the designated COTP on-scene representative.
    (8) Bridge foundations. Any vessel operating beneath a bridge must 
make a direct, immediate and expeditious passage beneath the bridge 
while remaining within the navigable channel. No vessel may stop, moor, 
anchor or loiter beneath a bridge at any time. No vessel may approach 
within a 25-yard radius of any bridge foundation, support, stanchion, 
pier or abutment except as required for the direct, immediate and 
expeditious transit beneath a bridge.
    (9) This section does not relieve any vessel from compliance with 
applicable navigation rules.

0
3. Add Sec.  165.154 to read as follows:


Sec.  165.154  Safety and Security Zones: Long Island Sound Marine 
Inspection Zone and Captain of the Port Zone.

    (a) Safety and security zones. The following areas are safety and 
security zones:
    (1) Dominion Millstone Nuclear Power Plant Safety and Security 
Zones. (i) All waters north and north east of a line running from Bay 
Point, at approximate position 41-18.57 N, 072-10.41 W, to Millstone 
Point at approximate position 41-18.25 N, 072-09.96 W.
    (ii) All waters west of a line starting at 41-18.700 N, 072-09.650 
W, running south to the eastern most point of Fox Island at approximate 
position 41-18.400 N, 072-09.660 W. All coordinates are North American 
Datum 1983.
    (2) Coast Guard Vessels Safety and Security Zones. All waters 
within a 100-yard radius of any anchored Coast Guard vessel. For the 
purposes of this section, Coast Guard vessels includes any commissioned 
vessel or small boat in the service of the regular Coast Guard and does 
not include Coast Guard Auxiliary vessels.
    (b) Regulations. (1) The general regulations contained in Sec.  
165.23 and Sec.  165.33 of this part apply.
    (2) In accordance with the general regulations in Sec.  165.23 and 
Sec.  165.33 of this part, entry into or movement within this zone is 
prohibited unless authorized by the Captain of the Port Long, Island 
Sound.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or on-scene patrol personnel. These 
personnel comprise commissioned, warrant, and petty officers of the 
Coast Guard. Upon being hailed by a U. S. Coast Guard vessel by siren, 
radio, flashing light, or other means, the operator of a vessel shall 
proceed as directed.

    Dated: August 8, 2003.
Vivien S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 03-20929 Filed 8-14-03; 8:45 am]
BILLING CODE 4910-15-P