[Federal Register Volume 70, Number 58 (Monday, March 28, 2005)]
[Rules and Regulations]
[Pages 15585-15587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6143]



[[Page 15585]]

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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: Temporary final rulemaking.

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SUMMARY: The Coast Guard is establishing safety and security zones 
around waterfront areas in New London, Connecticut during the 
Congressionally-mandated third Top Officials exercise. 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: This rule is effective from 12:01 a.m. on April 2, 2005 until 
11:59 p.m. on April 10, 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 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:

Regulatory History

    On February 18, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety and Security Zones; TOPOFF 3, New London, 
CT.'' Federal Register (69 FR 8309). No comments were received on the 
proposed rule. No public hearing was requested, and none was held.
    In accordance with 5 U.S.C. (d)(3), the Coast Guard finds good 
cause for making this rule effective less than 30 days after 
publication in the Federal Register. Final plans for this exercise were 
not finalized with sufficient time to publish an NPRM and Final Rule in 
accordance with the publication requirements of 5 U.S.C. 553. However, 
the Coast Guard wished to provide the public with the opportunity to 
comment on this rulemaking. By doing so, the timeframe for the 
publication of the final rule has been reduced to less than 30 days. 
The delay inherent in publication of this final rule 30 days in advance 
of its effective date is contrary to the public interest and 
impracticable, as immediate action is needed to protect participants in 
this exercise, scheduled for April 4-10, 2005. The Coast Guard Group, 
Marine Safety Office Long Island Sound will make this Final Rule 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.

Background and Purpose

    The third Top Officials (TOPOFF) 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. 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 Comments and Changes

    No comments were received in response to the NPRM, and no changes 
have been made to the final rule.

Discussion of Rule

    This rule creates safety and security zones surrounding Fort 
Trumbull State Park and Ocean Beach in New London, Connecticut. The 
safety and security zones established herein are 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 zone surrounding Fort Trumbull State Park 
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 zone surrounding Ocean Beach 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 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.
    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,

[[Page 15586]]

among others, civil and criminal penalties, in rem liability against 
the offending vessel, and license sanctions.

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). 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 may have some 
impact on the public, but the potential impact will 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 established 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. Usage of Ocean Beach 
for swimming in April is extremely minimal; persons wishing to use 
Ocean Beach for swimming can utilize other beaches in the New London 
area. Moreover, there is no anticipated economic impact arising from 
the closure of the waters off of Ocean Beach to swimming. 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 rule will 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: commercial vessels wishing to transit, fish or 
anchor in the portions of the Thames River or Long Island Sound covered 
by this rule. For the reasons outlined in the Regulatory Evaluation 
section above, this rule will not have a significant impact on a 
substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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.
    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

    The Coast Guard has analyzed this 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 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

    The Coast Guard has analyzed this 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 
create an environmental risk to health or risk to safety that might 
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 will 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.

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.

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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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    The Coast Guard has 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; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
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: March 22, 2005.
Peter J. Boynton,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 05-6143 Filed 3-24-05; 12:37 pm]
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