[Federal Register Volume 70, Number 33 (Friday, February 18, 2005)]
[Proposed Rules]
[Pages 8309-8312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3120]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-05-011]
RIN 1625-AA00, AA87


Safety and Security Zones; TOPOFF 3, New London, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish safety and security 
zones around waterfront areas in New London, Connecticut during the 
Congressionally-mandated third Top Officials exercise scheduled for 
April 2005. These zones are necessary to provide for the safety and 
security of participants in the exercise, the surrounding shore and 
maritime communities from potential sabotage or subversive acts aimed 
at this large scale, high profile exercise. These temporary safety and 
security zones prohibit persons or vessels from entering unless 
authorized by the Captain of the Port, Long Island Sound or designated 
representative.

DATES: Comments and related material must reach the Coast Guard on or 
before March 11, 2005.

ADDRESSES: You may mail comments and related material to Waterways 
Management Division, Coast Guard Group/Marine Safety Office Long Island 
Sound, 120 Woodward Avenue, New Haven, CT 06512. Coast Guard Group/
Marine Safety Office Long Island Sound maintains the public docket for 
this rulemaking. Comments and material received from the public, as 
well as documents indicated in this preamble as

[[Page 8310]]

being available in the docket, will become part of this docket and will 
be available for inspection or copying at Group/Marine Safety Office 
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, Chief, Waterways 
Management Division, Coast Guard Group/Marine Safety Office Long Island 
Sound at (203) 468-4429.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting comments and related material. Persons 
submitting comments should include their names and addresses, identify 
the docket number for this rulemaking (CGD01-05-011), 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. Persons wanting acknowledgment of receipt 
of comments should enclose stamped, self-addressed postcards or 
envelopes. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of the 
comments received. The period for submitting comments is 21 days from 
publication of this NPRM. The Coast Guard finds good cause for a 
reduced comment period. A shortened comment period will provide the 
public with the ability to comment on this regulation, will provide the 
Coast Guard time to consider the comments and incorporate them into a 
final rule, if appropriate, and will provide adequate time for the 
final rule to be published for notification to the public in advance of 
its effective date. To ensure that the public is given ample 
opportunity to provide input to this proposed rulemaking in spite of 
the reduced comment period, Coast Guard Group/Marine Safety Office Long 
Island Sound will make this NPRM widely available to the maritime 
community and general public through notification in the Local Notice 
to Mariners, marine safety information bulletins and through local 
waterways users groups.
    If, as we anticipate we make this temporary final rule effective 
less than 30 days after publication in the Federal Register, we will 
explain in that publication, as required by 5 U.S.C. (d)(3), our good 
cause for doing so.

Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for a meeting by writing to Coast Guard Group/Marine Safety 
Office Long Island Sound 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 later 
notice in the Federal Register.

Background and Purpose

    The third Top Officials (TOPOFF 3) exercise, will take place from 
April 4 through April 10, 2005. TOPOFF 3 is the third of the 
Congressionally-mandated weapons of mass destruction (WMD) national 
exercise series. TOPOFF 3 will use a series of exercise activities of 
increasing complexity, and will simulate a terrorist WMD campaign with 
simulated attacks occurring in the States of Connecticut and New 
Jersey. Additional TOPOFF activities will be conducted within the 
United Kingdom as part of a partnership to strengthen security in both 
nations. The specific scenarios for the exercise are still being 
developed. In New London, Connecticut, these activities will take place 
mainly in the vicinity of Fort Trumbull State Park. Additional 
activities associated with this exercise will take place in the 
vicinity of Ocean Beach in New London.
    There will be approximately 800 participants in TOPOFF 3, from 
various federal, state and local agencies. Numerous high-level public 
officials will participate, including United States Congressmen and 
Senators. Participants will be transported to Fort Trumbull via land 
and water transportation. Due to the high visibility and high profile 
of the participants, safety and security zones are warranted to 
safeguard participants and the surrounding community from sabotage or 
other subversive acts, accidents or other hazards of a similar nature.

Discussion of Proposed Rule

    This rule would create safety and security zones surrounding Fort 
Trumbull State Park and Ocean Beach in New London, Connecticut. The 
safety and security zones proposed herein would be effective from April 
2, 2005 through April 10, 2005. This effective period covers the 
scheduled exercise dates from April 4 through April 10, 2005, and 
provides for an additional period leading up to the exercise to provide 
for monitoring and searching of the area being utilized for the 
exercise.
    The safety and security zones surrounding Fort Trumbull State Park 
will encompass the waters of the Thames River approximately 100-yards 
from Fort Trumbull State Park and the Parks piers. The Fort Trumbull 
Safety and Security Zone includes all waters of the Thames River 
bounded as follows: beginning at the end of the New England Seafood 
pier at approximate position 41[deg]20'49.7'' N, 072[deg]05'41.6'' W, 
thence running in an easterly direction to position 41[deg]20'50.9'' N, 
072[deg]05'36.5'' W, thence in a southeasterly direction to position 
41[deg]20'43.1'' N, 072[deg]05'19.7'' W, then south to position 
41[deg]20'34.9'' N, 072[deg]05'19.6'' W, thence southwesterly to a 
point on the western shore of the Thames River at position, 
41[deg]20'26.6'' N, 072[deg]05'38.9'' W, thence northerly along the 
western shore of the Thames River to a position on the shore of the 
Thames River at position 41[deg]20'29.3'' N, 072[deg]05'39.7'' W, 
thence along the shore of the Thames River to the point of beginning.
    The safety and security zones surrounding Ocean Beach will 
encompass the waters of Long Island Sound approximately 100-yards off 
of Ocean Beach. The Ocean Beach Safety and Security Zone includes all 
waters of Long Island Sound bounded by lines as follows: beginning at a 
position on the shore of New London, Connecticut at position 
41[deg]18'31.4'' N, 072[deg]05'39.6'' W, thence running southeasterly 
to position 41[deg]18'29.3'' N, 072[deg]05'36.9'' W, thence running 
southwesterly to position 41[deg]18'11.8'' N, 072[deg]06'2.8'' W, 
thence running northwesterly to position 41[deg]18'14.5'' N, 
072[deg]06'6.1'' W, thence running northeasterly along the shore to the 
point of beginning.
    Entry into these zones is prohibited unless authorized by the 
Captain of the Port, Long Island Sound. Any violation of the safety and 
security zones described herein is punishable by, among others, civil 
and criminal penalties, in rem liability against the offending vessel, 
and license sanctions.

Regulatory Evaluation

    This 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 
Homeland Security (DHS). We expect the economic impact of this rule to 
be so minimal that a full Regulatory Evaluation under the regulatory 
policies and procedures of DHS is unnecessary. This regulation

[[Page 8311]]

may have some impact on the public, but the potential impact would be 
minimized for the following reasons: vessels may transit in all areas 
of the Thames River and Long Island Sound other than those areas 
covered by the safety and security zones proposed herein. Vessels 
wishing to transit to Fort Trumbull Marina may request permission to 
transit through the Fort Trumbull and Ocean Beach Safety and Security 
Zones from the Captain of the Port, Long Island Sound or their on-scene 
representatives. Commercial fishing vessels wishing to operate in the 
zones may request permission to enter the zones in advance of their 
effective dates from the COTP, Long Island Sound. Additionally, there 
will be extensive advanced notifications made to the maritime community 
via the Local Notice to Mariners, marine information broadcasts and 
local area maritime committees. The safety and security zones have been 
narrowly tailored to impose the least impact on maritime interests yet 
provide the level of safety and protection deemed necessary for this 
high visibility event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this proposed 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 would 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: commercial vessels wishing to 
transit, fish or anchor in the portions of the Thames River or Long 
Island Sound covered by the proposed rule. For the reasons outlined in 
the Regulatory Evaluation section above, this rule would not have a 
significant impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed 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 LT A. Logman at the address 
listed in ADDRESSES above.

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

    The Coast Guard has analyzed this proposed rule under Executive 
Order 13132, Federalism, and has determined that this rule does not 
have implications for federalism under that Order.

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 would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 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

    The Coast Guard has analyzed this proposed rule under Executive 
Order 13045, Protection of Children from Environmental Health Risks and 
Safety Risks. This proposed rule is not an economically significant 
rule and would not create an environmental risk to health or risk to 
safety that might 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 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did

[[Page 8312]]

not consider the use of voluntary consensus standards.

Environment

    The Coast Guard has considered the environmental impact of this 
proposed rule and concluded that, under figure 2-1, paragraph (34)(g) 
of Commandant Instruction M16475.1D, this proposed rule would be 
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 discussed 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. 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; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. From 12:01 a.m. on April 2, 2005 to 11:59 p.m. on April 10, 2005 
add temporary Sec.  165.T01-011 to read as follows:


Sec.  165.T01-011  Security and Safety Zone: TOPOFF 3, New London, CT

    (a) Locations. (1) Fort Trumbull Safety and Security Zone. The 
following area is a safety and security zone: All waters of the Thames 
River in an area bounded as follows: beginning at the end of the New 
England Seafood pier at approximate position 41[deg]20'49.7'' N, 
072[deg]05'41.6'' W, thence running in an easterly direction to 
position 40[deg]20'50.9'' N, 072[deg]05'36.5'' W, thence in a 
southeasterly direction to position 41[deg]20'43.1'' N, 
072[deg]05'19.7'' W, then south to position 41[deg]20'34.9'' N, 
072[deg]05'19.6'' W, thence southwesterly to a point on the western 
shore of the Thames river at position, 41[deg]20'26.6'' N, 
072[deg]05'38.9'' W, thence northerly along the western shore of the 
Thames River to a position on the shore of the Thames River at position 
41[deg]20'29.3'' N, 072[deg]05'39.7'' W, thence along the shore of the 
Thames River to the point of beginning.
    (2) Ocean Beach Safety and Security Zone. The following area is a 
safety and security zone: All waters of Long Island Sound off of New 
London, Connecticut in an area bounded as follows: beginning at a 
position on the shore of New London Connecticut at position 
41[deg]18'31.4'' N, 072[deg]05'39.6'' W, thence running southeasterly 
to position 41[deg]18'29.3'' N, 072[deg]05'36.9'' W, thence running 
position southwesterly to position 41[deg]18'11.8'' N, 072[deg]06'2.8'' 
W, thence running northwesterly to position 41[deg]18'14.5'' N, 
072[deg]06'6.1'' W, thence running northeasterly along the shore to the 
point of beginning.
    (b) Effective date. This rule is effective from 12:01 a.m. on April 
2, 2005 until 11:59 p.m. on April 10, 2005.
    (c) Regulations. (1) In accordance with the general regulations in 
165.23 and 165.33 of this part, entry into or movement within these 
zones is prohibited unless authorized by the Captain of the Port 
(COTP), Long Island Sound.
    (2) All persons and vessels shall comply with the instructions of 
the COTP, or the designated on-scene U.S. Coast Guard representative. 
On-scene Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, and local, state, and Federal law enforcement vessels.

    Dated: February 11, 2005.
Peter J. Boynton,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 05-3120 Filed 2-17-05; 8:45 am]
BILLING CODE 4910-15-P