[Federal Register: April 13, 2004 (Volume 69, Number 71)]
[Rules and Regulations]
[Page 19326-19328]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap04-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-04-066]
RIN 1625-AA00
Security Zone; Atlantic Ocean, Chesapeake & Delaware Canal,
Delaware Bay, Delaware River and Its Tributaries
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 500-yard temporary security
zones throughout the Captain of the Port Philadelphia's area of
responsibility around escorted passenger vessels in transit and 100-
yard security zones around moored or anchored passenger vessels. The
security zones are needed to ensure public safety and the safe transit
of the passenger vessels in the Atlantic Ocean, Chesapeake & Delaware
Canal, Delaware Bay, Delaware River and its tributaries. The temporary
moving security zones prohibit vessels from entering within a 500-yard
radius of the escorted passenger vessels while in transit, and within a
100-yard radius of passenger vessels while moored or anchored, unless
authorized by the Captain of the Port, Philadelphia, Pennsylvania, or
his designated representative. These security zones are limited in
duration and affect only certain passenger vessels and a small area at
any given time.
DATES: This rule is effective from April 2, 2004, through September 1,
2004.
ADDRESSES: Documents as indicated in this preamble are available as
part of docket CGD05-04-066 and are available for inspection or copying
at Coast Guard Marine Safety Office Philadelphia, One Washington
Avenue, Philadelphia, Pennsylvania, 19147, 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:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a NPRM. Publishing a NPRM and delaying
the effective date would be contrary to the public interest, since
immediate action is needed to continue to protect the public, ports and
waterways of the United States.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists
for making this rule effective less than 30 days after publication in
the Federal Register. Publishing a NPRM and delaying the effective date
would be contrary to the public interest, since immediate action is
needed to continue to protect the public, ports and waterways of the
United States. The Coast Guard was notified on March 29, 2004, of
scheduled port calls by passenger vessels, making it impracticable for
the safety of passenger vessels and mariners to delay publishing this
security zone.
The Coast Guard plans to publish a NPRM proposing a permanent rule
for security zones around passenger vessels and requesting public
comment.
Background and Purpose
The terrorist attacks of September 11, 2001 highlighted the need
for heightened security measures at United States seaports. The
President has found, pursuant to law, including the Act of June 15,
1917, as amended by the Magnuson Act of August 9, 1950 (50 U.S.C. 191
et seq.), that the security of the United States is and continues to be
endangered following the attacks. The Captain of the Port of
Philadelphia has determined that security zones are necessary to
protect the public, the waterway, and passenger vessels from potential
subversive acts.
Discussion of the Regulation
This temporary rule establishes 100-yard security zones around
moored or anchored passenger vessels and 500-yard security zones around
escorted passenger vessels while transiting the Atlantic Ocean,
Chesapeake & Delaware Canal, Delaware Bay, Delaware River and its
tributaries. The Captain of the Port, Philadelphia, Pennsylvania's zone
extends out in the Atlantic Ocean from the shoreline to 12 miles. For
purposes of this rule, ``passenger vessel'' is defined as a vessel
greater than 100 feet in length, over 100 gross tons, and that is
authorized to carry 500 or more passengers, making voyages lasting more
than 24 hours, except for a ferry. No vessels or persons may come
within a 500-yard radius of an underway, escorted passenger vessel, nor
come or remain within a 100-yard radius of a moored or anchored
passenger vessel without the permission of the Captain of the Port,
Philadelphia, Pennsylvania or his designated representative.
These zones will be enforced around moving escorted passenger
vessels and stationary passenger vessels while they are within the
Captain of the Port of Philadelphia zone. A Broadcast Notice to
Mariners will be issued to notify mariners to aid them in making
alternate plans for transiting the affected waterway.
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).
The primary impact of this rule will be on vessels wishing to
transit the affected waterway in the vicinity of passenger vessel
security zone. Although this rule restricts traffic from freely
transiting portions of the Atlantic Ocean, Chesapeake & Delaware Canal,
Delaware Bay, Delaware River and its tributaries, the restrictions are
limited in duration and affect only a limited area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 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: owners or operators of vessels wishing to transit the
affected waterways of the Atlantic Ocean, Chesapeake & Delaware Canal,
Delaware Bay, Delaware River and its tributaries.
The rule will not have a significant impact on a substantial number
of small entities for the following reasons: the restrictions are
limited in duration and
[[Page 19327]]
affect only a limited area. A broadcast notice to mariners will be
issued to notify mariners to make alternate plans for transiting the
affected waterway.
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
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 rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect 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
We have analyzed this 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 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.
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. 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.
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 Commandant Instruction M16475.lD,
from further environmental documentation.
A final ``Environmental Analysis Checklist'' and a final
``Categorical Exclusion Determination'' will be 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, and 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. Chapters 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 April 2, 2004, through September 1, 2004, add Sec. 165.T05-066.
Sec. 165.T05-066 Security Zone; Atlantic Ocean, Chesapeake & Delaware
Canal, Delaware Bay, Delaware River and its tributaries.
(a) Location. All navigable waters within 500 yards of escorted
passenger vessels when they are in the Captain of the Port,
Philadelphia zone, as established 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) The 500-yard moving security zones prohibit a person or a
vessel from transiting or remaining within a 500-yard radius of an
escorted passenger vessel while the passenger vessel is transiting in
the Captain of the Port Philadelphia area of responsibility, unless
authorized by the Captain of the Port Philadelphia, PA or designated
representative.
(3) No person or vessel may come within 100 yards of a moored or
anchored passenger vessel, unless authorized by the Captain of the Port
Philadelphia, PA, or designated representative.
(4) Any person or vessel authorized to enter a 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 a passenger vessel approaches within 500 yards of any
moored or anchored stationary vessel, the stationary vessel must remain
moored or anchored. The 500-yard security zone around the passenger
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vessel will remain in effect while the passenger vessel is transiting
near the stationary vessel. The stationary vessel must remain moored or
anchored 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 official 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 on-
scene official patrol or Captain of the Port, or designated
representative may:
(1) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to pass within the 500-yard
zone around the transiting 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.
Passenger vessel means a vessel greater than 100 feet in length,
over 100 gross tons, and is authorized to carry 500 or more passengers,
making voyages lasting more than 24 hours, except for a ferry.
Dated: April 2, 2004.
Jonathan D. Sarubbi,
Captain, U.S. Coast Guard, Captain of the Port Philadelphia.
[FR Doc. 04-8350 Filed 4-12-04; 8:45 am]
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