[Federal Register: July 29, 2005 (Volume 70, Number 145)]
[Rules and Regulations]
[Page 43773-43775]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy05-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD17-05-003]
RIN 1625-AA87
Security Zone; High Capacity Passenger Vessels in the Seventeenth
Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary moving security
zones around all escorted high capacity passenger vessels during their
transit in the navigable waters of the Seventeenth Coast Guard
District. These temporary security zones prohibit any vessel from
entering within 100 yards of an escorted high capacity passenger vessel
while in transit. These temporary security zones are necessary to
mitigate potential terrorist acts and enhance public and maritime
safety and security.
DATES: This rule is effective from July 21, 2005, to September 29,
2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD17-05-003 and are available for
inspection or copying at United States Coast Guard, District 17 (moc),
709 West 9th Street, Juneau, AK 99801 between 8 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Matthew York, District 17 (moc),
709 West 9th Street, Juneau, AK 99801, (907) 463-2821.
SUPPLEMENTARY INFORMATION:
Regulatory Information
In a different rulemaking, we published a notice of proposed
rulemaking (NPRM) entitled ``Regulated Navigation Area and Security
Zones; High Capacity Passenger Vessels in Alaska'' in the Federal
Register (70 FR 11595, March 9, 2005), docket number CGD17-05-002. That
NPRM included provision for moored and anchored vessels that are not
included in these temporary security zones. We received several letters
in response to that NPRM, which are currently under review and
consideration. A supplemental NPRM to docket CGD17-05-002 will be
published, and the public will be given the opportunity to comment on
the proposed procedures prior to any final rule being established.
This temporary security zone is limited to high capacity passenger
vessels during transit in the waters of the Seventeenth Coast Guard
District and is only effective until September 29, 2005. This is a
temporary security zone designed specifically to protect high capacity
passenger vessels during transit through the waters in the Seventeenth
Coast Guard District until September 29, 2005. This temporary zone will
only be effective for 70 days and will only apply to high capacity
passenger vessels transiting under an escort as defined in this
temporary final rule.
We did not publish a NPRM for this temporary regulation. Under 5
U.S.C. 553(b)(B) the Coast Guard finds that good cause exists for not
publishing an NPRM because this rule is necessary to ensure the safe
transit of high capacity passenger vessels. Publishing a NPRM would be
contrary to public interest since immediate action is necessary to
safeguard high capacity passenger vessels from sabotage and other
subversive acts or accidents. This temporary security zone has been
carefully designed to minimally impact the public while providing
protections for high capacity passenger vessels. For the same reasons,
the Coast Guard finds that good cause exists under 5 U.S.C. 553(d)(3)
for making this rule effective less than 30 days after publication in
the Federal Register.
Background and Purpose
Due to increased awareness that future terrorist attacks are
possible, the Coast Guard, as Lead Federal Agency for maritime homeland
security, has determined that the District Commander and the Captain of
the Port must have the means to be aware of, detect, deter, intercept,
and respond to asymmetric threats, acts of aggression, and attacks by
terrorists on the American homeland while maintaining our freedoms and
sustaining the flow of commerce. Terrorists have demonstrated both
desire and ability to utilize multiple means in different geographic
areas to successfully carry out their terrorist missions, highlighted
by the recent events in London.
During the past 3 years, the Federal Bureau of Investigation has
issued several advisories to the public concerning the potential for
terrorist attacks within the United States. The October 2002 attack on
a tank vessel, M/V LIMBURG, off the coast of Yemen and the prior attack
on the USS COLE demonstrate a continuing threat to U.S. maritime assets
as described in the President's finding in Executive Order 13273 of
August 21, 2002 (67 FR 56215, September 3, 2002) and Continuation of
the National Emergency with Respect to Certain Terrorist Attacks, (67
FR 58317, September 13, 2002); Continuation of the National Emergency
With Respect To Persons Who Commit, Threaten To Commit, Or Support
Terrorism, (67 FR 59447, September 20, 2002). Furthermore, the ongoing
hostilities in Afghanistan and Iraq have made it prudent for U.S. port
and waterway users to be on a higher state of alert because the Al
Qaeda organization and other similar organizations have declared an
ongoing intention to conduct armed attacks on U.S. interests worldwide.
In addition to escorting vessels, a security zone is a tool
available to the Coast Guard that may be used to control maritime
traffic operating in the vicinity of vessels, which the Coast Guard has
determined need additional security measures during their transit. The
District Commander has made a determination that it is necessary to
establish a security zone around vessels that are escorted. This
temporary regulation establishes security zones around escorted high
capacity passenger vessels to protect these vessels, but also to
safeguard the port, harbors or waterfront facilities they visit.
Discussion of Rule
This temporary security zone places a 100-yard security zone around
high capacity passenger vessels that are being escorted by a Coast
Guard surface, air or Coast Guard Auxiliary asset, or by a State law
enforcement agency during their transit through the Seventeenth Coast
Guard District. Persons desiring to transit within 100 yards of an
escorted cruise ship transiting in the Seventeenth Coast Guard District
must contact the designated on scene representative on VHF channel 16
(156.800 MHz) or VHF channel 13 (156.650 MHz) and obtain permission to
transit within 100 yards of the escorted vessel. The boundaries of the
Seventeenth Coast Guard District are defined in 33 CFR 3.85-1(b). This
includes territorial waters 12 nautical miles from the territorial sea
baseline as defined in 33 CFR part 2 subpart B.
[[Page 43774]]
Stationary vessels that are moored or anchored must remain moored
or anchored when an escorted high capacity passenger vessels approaches
within 100 yards of the stationary vessel unless the designated on
scene representative has granted entry approval.
Regulatory Evaluation
This temporary 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 rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
This finding is based on the relatively small size of the limited
access area around each ship, the minimal amount of time that vessels
will be restricted when the zone is being enforced and the short
duration this temporary rule will be in effect. In addition, vessels
that may need to enter the zones may request permission on a case-by-
case basis from the District Commander, Captain of the Port or their
designated representatives.
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 temporary security zone only applies to high capacity
passenger vessels that are transiting with an escort. It does not apply
when the vessels are moored or anchored in port. Furthermore, vessels
desiring to enter the security zone may contact the designated on scene
representative and request permission to enter the zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding this 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 LT Matthew York, District 17
(MOC), 709 West 9th St, Room 753, Juneau, Alaska 99801. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
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 would not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule does 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 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 Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
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 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 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 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.lD,
[[Page 43775]]
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, from further
environmental documentation. Under figure 2-1, paragraph (34)(g) of the
Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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. 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.
0
2. Add Sec. 165.T17-003 to read as follows:
Sec. 165.T17-003 Security Zone; Waters of the Seventeenth Coast Guard
District.
(a) Definitions. As used in this section--
Designated on Scene Representative means any U.S. Coast Guard
commissioned, warrant or petty officer who has been authorized by the
District Commander or local Captain of the Port (COTP), as defined in
33 CFR part 3, subpart 3.85, to act on his or her behalf.
Escorted high capacity passenger vessel means a high capacity
passenger vessel that is accompanied by one or more Coast Guard assets
or Federal, State or local law enforcement agency assets as listed
below:
(1) Coast Guard surface or air asset displaying the Coast Guard
insignia.
(2) State law enforcement asset displaying the applicable agency
markings and or equipment associated with the agency.
State law enforcement officers means any State government law
enforcement officer who has authority to enforce State criminal laws.
High Capacity Passenger Vessel means a passenger vessel greater
than 100 feet in length that is authorized to carry more than 500
passengers for hire.
(b) Location. The following area is a security zone: 100-yard
radius around escorted high capacity passenger vessels in the navigable
waters of the Seventeenth Coast Guard District as defined in 33 CFR
3.85-1, from surface to bottom.
(c) Regulations. (1) No vessel may approach within 100 yards of a
moving, escorted high capacity passenger vessel within the navigable
waters of the Seventeenth Coast Guard District, unless traveling at the
minimum speed necessary to navigate safely.
(2) Moored or anchored vessels, which are overtaken by this moving
zone, must remain stationary at their location until the escorted
vessel maneuvers at least 100 yards past.
(3) The local Captain of the Port may notify the maritime and
general public by marine information broadcast of the periods during
which individual security zones have been activated by providing notice
in accordance with 33 CFR 165.7.
(4) Persons desiring to transit within 100 yards of a moving,
escorted high capacity passenger vessel in the Seventeenth Coast Guard
District must contact the designated on scene representative on VHF
channel 16 (156.800 MHz), VHF channel 13 (156.650 MHz).
(5) If permission is granted to transit within 100 yards of an
escorted high capacity passenger vessel, all persons and vessels must
comply with the instructions of the District Commander, Captain of the
Port or his or her designated representative.
Dated: July 21, 2005.
James C. Olson,
Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard
District.
[FR Doc. 05-15061 Filed 7-28-05; 8:45 am]
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