[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Proposed Rules]
[Pages 17120-17121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06911]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0944]
RIN 1625-AA87


Security Zone, Escorted Vessels; Sector Long Island Sound Captain 
of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent security 
zone within Coast Guard Sector Long Island Sound's Captain of the Port 
(COTP) Zone on the waters in the vicinity of escorted vessels. This 
security zone would be enforced around any escorted vessel in the 
Sector Long Island Sound COTP Zone in order to protect the vessel and 
the public from destruction, loss, or injury from sabotage, subversive 
acts, or other malicious acts of a similar nature. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 27, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0944 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Chief Petty Officer Ian M. Fallon, 
U.S. Coast Guard Waterways Management Division Sector Long Island 
Sound; telephone (203) 468-4565, or email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On occasion, the Sector Long Island Sound Captain of the Port 
(COTP) Zone has vessels enter its zone that require the implementation 
of heightened security measures for the protection of the vessel and 
the public.
    The purpose of this rulemaking to protect the vessel and the public 
from destruction, loss, or injury from sabotage, subversive acts, or 
other malicious acts of a similar nature.
    The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a security zone in all navigable 
waters within the Sector Long Island Sound COTP Zone, extending from 
the surface to the bottom, within a 500-yard radius of any escorted 
vessel.
    While this security zone is being enforced, no person or vessel 
would be allowed to enter or remain in it without the permission of the 
COTP or the designated representative.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders Executive Orders related to rulemaking. Below we 
summarize our analyses based on a number of these statutes and 
Executive Orders, and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    The Coast Guard determined that this rulemaking would not be a 
significant regulatory action for the following reasons: The security 
zone area covers only a small portion of the navigable waterways, 
waterway users may transit around the area, and mariners may request 
permission from the COTP Sector Long Island Sound or the designated 
representative to transit the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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.
    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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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

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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. If you believe this 
proposed rule has implications for federalism or Indian tribes, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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 (adjusted for 
inflation) 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.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves 
establishing a security zone and maybe categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of Commandant 
Instruction M16475.lD. A preliminary environmental analysis checklist 
supporting this is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 AREA AND LIMITED ACCESS AREAS

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

    Authority:  in 33 U.S.C., 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 
6.04-1, 6.04-6, 160.5; and Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.155 to read as follows:


Sec.  165.155  Security Zone, Escorted Vessels, Sector Long Island 
Sound Captain of the Port Zone.

    (a) Location. The following areas are security zones: All navigable 
waters within the Sector Long Island Sound Captain of the Port (COTP) 
Zone, extending from the surface to the bottom, within a 500-yard 
radius of any escorted vessel.
    (b) Definitions. The following definitions apply to this section:
    (1) Escorted Vessel. ``Escorted vessel'' as used in this section 
means any vessels deemed to be in need of escort protection by the COTP 
for security reasons.
    (2) Designated Representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the Coast 
Guard who has been designated by the COTP to act on his or her behalf. 
The designated representative may be on an official patrol vessel or 
may be on shore and will communicate with vessels via VHF-FM radio or 
loudhailer. In addition, members of the Coast Guard Auxiliary may be 
present to inform vessel operators of this regulation.
    (3) Official Patrol Vessels. ``Official patrol vessels'' may 
consist of any Coast Guard, Coast Guard Auxiliary, state, or local law 
enforcement vessels assigned or approved by the COTP.
    (c) Regulations. (1) In accordance with the general regulations 
contained in Sec.  165.33 of this part, entry into or movement within 
this zone is prohibited unless previously authorized by the COTP, 
Sector Long Island Sound or his designated representative.
    (2) All persons and vessels must comply with the instructions of 
the COTP or the designated representative.
    (3) No person may swim upon or below the surface of the water of 
this security zone unless previously authorized by the COTP or his 
designated representative.
    (4) Upon being hailed by an official patrol vessel or the 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed. Failure to 
comply with a lawful direction may result in expulsion from the area, 
citation for failure to comply, or both.

    Dated: March 8, 2016.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2016-06911 Filed 3-25-16; 8:45 am]
 BILLING CODE 9110-04-P