[Federal Register Volume 81, Number 93 (Friday, May 13, 2016)]
[Rules and Regulations]
[Pages 29770-29772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11253]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0250]
RIN 1625-AA87


Security Zone; Tall-Ship CUAUHTEMOC; Thames River, New London 
Harbor, New London, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
around the Tall-Ship CUAUHTEMOC during its transit through the Long 
Island Sound Captain of the Port (COTP) Zone, and for the duration of 
its mooring on the Thames River in New London Harbor, New London, CT. 
This temporary final rule creates a 250-yard radius security zone 
encompassing all navigable waters around the Tall-Ship CUAUHTEMOC while 
in transit through Sector Long Island Sound's Captain of the Port 
(COTP) Zone, and a 100-yard radius temporary security zone while the 
vessel is anchored or moored in the Thames River in New London Harbor, 
New London, CT. This zone is needed to protect the Tall-Ship CUAUHTEMOC 
and its crew from destruction, loss, or injury from sabotage, 
subversive acts, or other malicious acts of a similar nature. Persons 
or vessels may not enter the security zone without permission of the 
COTP or a COTP designated representative.

DATES: This rule is effective without actual notice from May 13, 2016 
until May 14, 2016. For the purposes of enforcement, actual notice will 
be used from May 1, 2016 until May 13, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0250 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Jay TerVeen, Prevention Department, Coast 
Guard Sector Long Island Sound; telephone (203) 468-4446, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security

[[Page 29771]]

FR Federal Register
NPRM Notice of Proposed Rulemaking

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because an NPRM would be impracticable and 
contrary to the public interest. Consequently, the Coast Guard did not 
have enough time to draft, publish, and receive public comment on this 
rulemaking via an NPRM and still publish a final rule before the event 
was scheduled to take place. Delaying this rulemaking by waiting for a 
comment period to run would also reduce the Coast Guard's ability to 
fulfill its statutory missions to protect and secure the ports and 
waterways of the United States.
    Under 5 U.S.C. 553(d)(3), and for the same reasons as stated above, 
the Coast Guard finds that good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register. 
Delaying the effective date of this rule would be contrary to public 
interest because immediate action is needed to respond to the potential 
security threats associated with having the Tall-Ship CUAUHTEMOC in 
U.S. Waters.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 33 
U.S.C. 1231. The Captain of the Port Long of Island Sound (COTP) has 
determined that vessels, within a 250-yard radius of the Tall-Ship 
CUAUHTEMOC while it is transiting and a 100-yard radius while it is 
moored, pose a potential security risk.

IV. Discussion of the Rule

    This rule establishes a security zone from May 1, 2016 through May 
14, 2016 for the Tall-Ship CUAUHTEMOC. This zone is needed to protect 
the Tall-Ship CUAUHTEMOC and its crew from destruction, loss, or injury 
from sabotage, subversive acts, or other malicious acts of a similar 
nature.
    This rule prevents vessels from entering, transiting, mooring, or 
anchoring within the security zone unless authorized by the COTP or 
designated representative. The Coast Guard has determined that this 
security zone will not have a significant impact on vessel traffic due 
to its temporary nature, limited size, and the fact that vessels are 
allowed to transit the navigable waters outside of the security zone.
    The Coast Guard will notify the public and local mariners of this 
safety zone through appropriate means, which may include, but are not 
limited to, publication in the Federal Register, the Local Notice to 
Mariners, and Broadcast Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and Executive Order 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 rule has not been designated 
a ``significant regulatory action,'' under Executive Orders 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The Coast Guard determined that this rulemaking is not a 
significant regulatory action for the following reasons: (1) The 
enforcement of this security zone will be relatively short in duration; 
(2) persons or vessels desiring to enter the security zone may do so 
with permission from the COTP Sector LIS or a designated 
representative; (3) this security zone is designed in a way to limit 
impacts on vessel traffic, permitting vessels to navigate in other 
portions of the waterway not designated as a security zone; and (4) the 
Coast Guard will notify the public of the enforcement of this rule via 
appropriate means, such as via Local Notice to Mariners and Broadcast 
Notice to Mariners to increase public awareness of this security 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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 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.
    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). 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 rule will 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 rule under that Order and have 
determined that it is consistent with the fundamental federalism

[[Page 29772]]

principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
(DHS) Management Directive 023-01 and Commandant Instruction Manual 
(CIM) M16475.lD, which guide the Coast Guard in complying with the 
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-
4370f), and have concluded 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 rule involves the establishment 
of a temporary security zone and is categorically excluded from further 
review under, paragraph 34(g) of figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist and a categorical 
exclusion determination will be available in the docket where indicated 
under ADDRESSES.

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.

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


0
2. Add Sec.  165.T01-0250 to read as follows:


Sec.  165.T01-0250  Security Zone; Tall-Ship CUAUHTEMOC; Thames River, 
New London Harbor, New London, CT.

    (a) Location. The following areas are designated as security zones:
    (1) All navigable waters within the Sector Long Island Sound 
Captain of the Port (COTP) Zone, extending from the surface to the 
bottom, within a 250-yard radius of the Tall-Ship CUAUHTEMOC.
    (2) All navigable waters within the Thames River in New London 
Harbor, New London, CT, extending from the surface to the riverbed 
within a 100-yard radius of the Tall-Ship CUAUHTEMOC while it moored or 
anchored in the Thames River in New London Harbor, New London, CT.
    (b) Enforcement Period. This section will be enforced from May 1, 
2016 through May 14, 2016, unless terminated sooner by the COTP.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.33 apply. During the enforcement period, entry into, transit 
through, remaining within, mooring or anchoring within this temporary 
security zone is prohibited unless authorized by the Captain of the 
Port (COTP) or the designated representative.
    (2) Vessel operators given permission to enter or operate in the 
temporary security zone must comply with all directions given to them 
by the COTP or the designated representatives. Those vessels may be 
required to be at anchor or moored to a waterfront facility.
    (3) The ``designated representative'' is any Coast Guard 
commissioned, warrant, or petty officer who has been designated by the 
COTP to act on his behalf. The on-scene representative may be on a 
Coast Guard vessel, or onboard a federal, state, or local agency vessel 
that is authorized to act in support of the Coast Guard.
    (4) Vessel operators desiring to enter or operate within the 
temporary security zone shall telephone the COTP at (203) 468-4401, or 
his designated representative via VHF channel 16 to obtain permission 
to do so.

    Dated: April 19, 2016.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2016-11253 Filed 5-12-16; 8:45 am]
 BILLING CODE 9110-04-P