[Federal Register: May 6, 2003 (Volume 68, Number 87)]
[Proposed Rules]
[Page 23935-23937]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my03-22]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-03-012]
RIN 1625-AA00 (Formerly RIN 2115-AA97)
Safety and Security Zones; New London Harbor, CT--Security Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise the boundaries of the
security zone in the waters adjacent to the General Dynamics Electric
Boat Corporation (EB) facility in Groton, CT. The proposed rule is
necessary to better protect the facility, U.S. Naval Vessels and other
vessels located at the facility, material storage areas, and adjacent
residential and industrial areas from sabotage or other subversive
acts, accidents or incidents of a similar nature, and to specify the
horizontal datum employed to describe the geographic coordinates that
establish zone boundaries. This security zone would exclude all vessels
from operating within the prescribed security zone without first
obtaining authorization from the Captain of the Port, Long Island
Sound.
DATES: Comments and related material must reach the Coast Guard on or
before July 7, 2003.
ADDRESSES: You may mail comments and related material to Waterways
Management, Coast Guard Group/Marine Safety Office Long Island Sound,
120 Woodward Avenue, New Haven, CT 06512. Coast Guard Group/MSO 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/
MSO Long Island Sound, New Haven, CT, between 9 a.m.
[[Page 23936]]
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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-03-
012), 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. If you would like to know
your submission reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
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 Captain of the Port previously established a security zone in
the waters adjacent to the General Dynamics Electric Boat Corporation
(EB) facility in Groton, CT in order to protect the facility from
subversive attack. The existing security zone is described in 33 CFR
165.140(a)(1). This proposed rule would expand the safety zone's
southern boundaries to encompass waters adjacent to the southern end of
the EB facility. The proposed rule would expressly reference the
geographic coordinates describing the zone boundaries in terms of North
American Datum of 1983 (NAD 83).
Discussion of Proposed Rule
The EB facility is located on the Thames River in Groton,
Connecticut. Electric Boat designs, constructs and provides lifecycle
support of U.S. Navy submarines. A security zone has been in place
around this facility for several years. Its coordinates are codified in
33 CFR 165.140(a)(1).
The current security zone does not encompass waters adjacent to the
EB facility waterfront, and leaves vital vessel construction and
material storage areas at the facility's southern end vulnerable to
unauthorized access, sabotage, terrorist or other subversive acts. The
proposed rule would expand the security zone boundaries to encompass
waters adjacent to the southern end of the EB facilities. This added
area will result in a zone that greatly increases the security of the
facility by protecting vital vessel construction and material storage
areas. These measures are necessary to safeguard the EB facilities,
employees, vessels, adjacent industrial facilities and residential
areas from sabotage or terrorist acts.
The proposed zone has been tailored to fit the needs of security,
while minimizing the impact on the maritime community. The proposed
rule explicitly adopts North American Datum of 1983 (NAD 83) to
identify the geographic coordinates establishing the proposed security
zone.
No person or vessel may enter or remain in a prescribed security
zone at any time without the permission of the COTP. Each person or
vessel in the security zone shall obey any direction or order of the
COTP. The COTP may take possession and control of any vessel in a
security zone and/or remove any person, vessel, article or thing from a
security zone. No person may board, take or place any article or thing
on board any vessel or waterfront facility in a security zone without
permission of the COTP.
Any violation of the security zone proposed herein is punishable
by, among others, civil penalties (not to exceed $27,500 per violation,
where each day of a continuing violation is a separate violation),
criminal penalties (imprisonment for not more than 10 years and a fine
of not more than $250,000), in rem liability against the offending
vessel, and license sanctions. This regulation is proposed under the
authority contained in 50 U.S.C. 191, 33 U.S.C. 1223, 1225, and 1226,
and the regulations promulgated thereunder.
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 proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. This proposed regulation may have
some impact on the public, but the potential impacts will be minimized
for the following reasons: The security zone encompasses only a small
portion of the Thames River, including pier and industrial areas not
suitable for commercial or recreational vessel transit; there is no
impact on the navigable channel in the Thames River by the increased
security zone area at the southern portion of the Electric Boat
property; the security zone minimally impacts the channel, but this
slight overlap is necessary to provide sufficient security for naval
vessels and Electric Boat infrastructure, and leaves ample room for
vessels to navigate around the security zone in the channel; moreover,
the proposed zone's encroachment on the navigable channel is actually
less than that posed by the existing security zone. While recognizing
the potential for some minimal impact from the proposed rule, the Coast
Guard considers it de minimus in comparison to the compelling national
interest in protecting the naval vessels under construction and
undergoing maintenance at the Electric Boat Facility, as well as
protecting adjacent industrial facilities and residential areas from
possible acts of terrorism, 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 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 proposed 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 the security zone.
For the reasons outlined in the Regulatory Evaluation section
above,
[[Page 23937]]
this proposed 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 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 proposed rule so
that they can better evaluate its effects on them and participate in
the rulemaking. If the proposed 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 proposed rule would call 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 impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have 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 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
We have analyzed this proposed 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 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.
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.
Environment
The Coast Guard 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 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.
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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.
2. Revise Sec. 165.140(a)(1) to read as follows:
Sec. 165.140 New London Harbor, Connecticut--security zone.
* * * * *
(a)(1) Security Zone A. The waters of the Thames River west of the
Electric Boat Corporation Shipyard enclosed by a line beginning at a
point on the shoreline at 41[deg]20'16'' N, 72[deg]04'47'' W; then
running west to 41[deg]20'16'' N, 72[deg]04'57'' W; then running north
to 41[deg]20'26'' N, 72[deg]04'57'' W; then northwest to
41[deg]20'28.7'' N, 72[deg]05'01.7'' W; then north-northwest to
41[deg]20'53.3'' N, 72[deg]05'04.8'' W; then north-northeast to
41[deg]21'02.9'' N, 72[deg]05'04.9''W; then east to a point on shore at
41[deg]21'02.9'' N, 72[deg]04'58.2'' W. All coordinates are NAD 83.
* * * * *
Dated: April 11, 2003.
Joseph J. Coccia,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 03-11165 Filed 5-5-03; 8:45 am]
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