[Federal Register: June 28, 2004 (Volume 69, Number 123)]
[Proposed Rules]
[Page 36032-36035]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn04-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-04-047]
RIN 1625-AA00
Security Zone; Atlantic Ocean, Chesapeake & Delaware Canal,
Delaware Bay, Delaware River and Its Tributaries
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes establishing a security zone that
will require all vessels in a 500-yard radius around escorted passenger
vessels to operate at the minimum speed necessary to navigate safely
and prohibit any vessels from entering within 100 yards of escorted
passenger vessels in the Captain of the Port (COTP) Philadelphia zone.
The proposed security zone is needed to ensure public safety and
enhance maritime safety. The zone will ensure the security of the
vessels during transit in the COTP Philadelphia zone.
DATES: Comments and related material must reach the Coast Guard on or
before July 28, 2004.
ADDRESSES: You may mail comments and related material to Coast Guard
Marine Safety Office Philadelphia, One Washington Avenue, Philadelphia,
Pennsylvania, 19147. The Marine Safety Office Philadelphia Waterways
Management Branch 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 the above mentioned office between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Kevin Sligh or
Ensign Jill Munsch, Coast Guard Marine Safety Office/Group
Philadelphia, at (215) 271-4889.
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 (CGD05-04-
047), indicate the specific section of this document to which each
comment
[[Page 36033]]
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 they
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 the Marine Safety Office
Philadelphia, Waterways Management Branch 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
On April 2, 2004, the Captain of the Port Philadelphia signed a
temporary final rule (TFR) that was published in the Federal Register
(69 FR 19326, April 13, 2004; CGD05-04-066). That rule, codified as
temporary 33 CFR 165.T05-066, established security zones for the
protection of escorted passenger vessels. It expires September 1, 2004.
Both that TFR and this proposed rule are necessary because hostile
entities continue to operate with the intent to harm U.S. shipping
interests. The President has continued the national emergencies he
declared following the September 11, 2001 terrorist attacks. 67 FR
58317 ((Sept. 13, 2002) (continuing national emergency with respect to
terrorist attacks)); 67 FR 59447 ((Sept. 20, 2002) continuing national
emergency with respect to persons who commit, threaten to commit or
support terrorism)); 68 FR 55189 ((Sept. 22, 2003 (continuing national
emergency with respect to persons who commit, threaten to commit or
support terrorism)).
The U.S. Maritime Administration (MARAD) recently issued Advisory
03-06 informing operators of maritime interests of increased threat
possibilities to vessels and facilities and a higher risk of terrorist
attack to the transportation community in the United States. The Coast
Guard proposes this rule to ensure vessels transit safely in the COTP
zone Philadelphia, Pennsylvania.
Discussion of Proposed Rule
This rule proposes placing a 500-yard security zone around all
escorted passenger vessels in the COTP Philadelphia zone. Only vessels
traveling at the minimum safe speed may transit in the 500-yard zone
and no vessels will be allowed within 100 yards of any escorted
passenger vessel while the vessel is in the COTP Philadelphia zone. The
Captain of the Port Philadelphia, Pennsylvania's zone is defined in 33
CFR 3.25-05. For purposes of this rule, passenger vessels are defined
as vessels greater than 100 feet in length, over 100 gross tons that
are authorized to carry 500 or more passengers, making voyages lasting
more than 24 hours, except for ferries. All persons or vessels would be
required to operate at the minimum safe speed necessary to maintain
navigation within 500-yards of a passenger vessel in accordance with
the Navigation Rules as seen in 33 CFR chapter I, subchapters D and E.
No person or vessel would be able to transit or remain within 100-yards
of a passenger vessel without the permission of the COTP Philadelphia,
PA, or a designated representative while the escorted passenger vessel
is underway, moored or anchored in the Captain of the Port Philadelphia
zone. This rule applies to all passenger vessels with escorts, at least
one of which will be a Coast Guard asset.
Stationary vessels that are moored or anchored must remain moored
or anchored when an escorted passenger vessel approaches within 100
yards of the stationary vessel. Additionally, maneuver-restricted
vessels may request permission of the COTP or designated representative
to enter the security zone in order to ensure safe passage in
accordance with the Navigation Rules in 33 CFR chapter I, subparts D
and E.
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. There is ample room for vessels
to navigate around the security zone and the Captain of the Port may
allow vessels to enter the zone on a case by case basis with the
express permission of the Captain of the Port of Philadelphia or their
designated representative.
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: All vessels intending to transit in the COTP
Philadelphia zone.
This proposed rule would not have a significant impact on a
substantial number of small entities because the restrictions affect
only a limited area. Although this is a permanent security zone, the
rule is effective only when the passenger vessel is in the COTP
Philadelphia zone, and vessel traffic could pass safely around the
security zone. Additionally, the opportunity to engage in recreational
and charter fishing outside the limits of the security zone will not be
disrupted.
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 could better
evaluate its effects on them and participate in the rulemaking process.
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 Lieutenant Junior
Grade Kevin Sligh or Ensign Jill Munsch, Coast Guard Marine Safety
Office/Group Philadelphia, at (215) 271-4889.
Collection of Information
This proposed rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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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 will not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect 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 Security
Risks. This rule is not an economically significant rule and does not
create an environmental risk to health or risk to security 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. 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it 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 not consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction.
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. Add Sec. 165.511 to read as follows:
Sec. 165.511 Security Zone; Atlantic Ocean, Chesapeake & Delaware
Canal, Delaware Bay, Delaware River and its tributaries.
(a) Location. A 500-yard radius around escorted passenger vessels
in the Captain of the Port, Philadelphia zone as defined in 33 CFR
3.25-05.
(b) Regulations. (1) All persons are required to comply with the
general regulations governing security zones in Sec. 165.33 of this
part.
(2) All persons or vessels operating at the minimum safe speed
necessary to maintain navigation may transit within 500 yards of an
escorted passenger vessel without the permission of the Captain of the
Port Philadelphia, PA or designated representative while the escorted
passenger vessel is in the Captain of the Port Philadelphia zone.
(3) No person or vessel may transit or remain within 100 yards of
an escorted passenger vessel without the permission of the Captain of
the Port Philadelphia, PA or designated representative while the
passenger vessel is in the Captain of the Port Philadelphia zone.
(4) Any person or vessel authorized to enter the security zone must
operate in strict conformance with any directions given by the Captain
of the Port Philadelphia, PA or designated representative and leave the
security zone immediately if the Captain of the Port Philadelphia, PA
or designated representative so orders.
(5) When an escorted passenger vessel approaches within 100 yards
of any vessel that is moored or anchored, the stationary vessel must
stay moored or anchored while it remains within 100 yards of the
passenger vessel unless it is either ordered by or given permission by
the Captain of the Port, Philadelphia or designated representative to
do otherwise.
(6) The Coast Guard designated representative enforcing this
section can be contacted on VHF Marine Band Radio, channels 13 and 16.
The Captain of the Port can be contacted at (215) 271-4807.
(c) Maneuver-restricted vessels. When conditions permit, the
Captain of the Port or designated representative should:
(1) Permit vessels constrained by their navigational draft or
restricted in their
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ability to maneuver to pass within the 100 yards of the passenger
vessel in order to ensure safe passage in accordance with the
Navigation Rules as seen in 33 CFR chapter I, subchapters D and E; and
(2) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver that must transit via a
navigable channel or waterway to pass within 100 yards of an anchored
passenger vessel.
(d) Definitions. As used in this section--
Captain of the Port means the Commanding Officer of the Coast Guard
Marine Safety Office/Group Philadelphia or any Coast Guard
commissioned, warrant, or petty officer who has been authorized by the
Captain of the Port to act as a designated representative on his
behalf.
Escort means assets (surface or air) with the Coast Guard insignia
that accompany and protect the escorted vessel, armed with crew-served
weapons that are manned and ready.
Passenger Vessels means vessels greater than 100 feet in length,
over 100 gross tons that are authorized to carry 500 or more
passengers, making voyages lasting more than 24 hours, except for
ferries.
Dated: June 17, 2004.
Jonathan D. Sarubbi,
Captain, U.S. Coast Guard, Captain of the Port Philadelphia.
[FR Doc. 04-14562 Filed 6-25-04; 8:45 am]
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