[Federal Register: November 1, 2005 (Volume 70, Number 210)]
[Rules and Regulations]
[Page 65835-65837]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no05-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Jacksonville 05-140]
RIN 1625-AA87
Security Zone; Sea Buoy at the Entrance of St. Mary's River to
Kings Bay, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving security
zone around foreign naval submarines in transit within the area between
12 nautical miles offshore from the baseline, also known as the
shoreline, at the mouth of the St. Mary's River to the Kings Bay Naval
Submarine Base, Kings Bay, GA. The security zone includes all waters
within 500 yards in
[[Page 65836]]
any direction of the submarine. The rule prohibits entry into the
security zone without the permission of the Captain of the Port (COTP)
Jacksonville or his designated representative. Persons or vessels that
receive permission to enter the security zone must proceed at a minimum
safe speed, must comply with all orders issued by the COTP or his
designated representative, and must not proceed any closer than 100
yards, in any direction, to the submarine. This security zone is needed
to ensure public safety and to prevent sabotage or terrorist acts
against the submarine.
DATES: This rule is effective from 12:01 p.m. on October 20, 2005,
until 11:59 p.m. on October 31, 2005.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket [COTP Jacksonville 05-140] and are
available for inspection and copying at Coast Guard Sector Jacksonville
Prevention Department, 7820 Arlington Expressway, Suite 400,
Jacksonville, Florida, 32211, between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ensign Kira Peterson at Coast Guard
Sector Jacksonville Prevention Department, Florida tel: (904) 232-2640,
ext. 108.
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 NRPM. Publishing a NPRM, which would
incorporate a comment period before a final rule could be issued, and
delay the rule's effective date, is contrary to the public interest
because immediate action is necessary to protect the public and waters
of the United States.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. The Coast Guard will
issue a broadcast notice to mariners and will place Coast Guard vessels
in the vicinity of this zone to advise mariners of the restrictions.
Background and Purpose
This rule is needed to protect foreign navy submarines from damage
or injury from sabotage or other subversive acts, accidents or other
causes of a similar nature, or to secure the observance of rights and
obligations of the United States. Although this rule is effective from
12:01 p.m. on October 20, 2005, until 11:59 p.m. on October 31, 2005,
the Coast Guard will only enforce this rule when a foreign navy
submarine is transiting within the area between 12 nautical miles
offshore from the baseline, also known as the shoreline, at the mouth
of the St. Mary's River to the Kings Bay Naval Submarine Base, Kings
Bay, GA. Anchoring, mooring, or transiting within this zone is
prohibited, unless authorized by the Captain of the Port, Jacksonville,
Florida or his designated representative. The temporary security zone
encompasses all waters within 500 yards around the foreign naval
submarine. Vessels or persons authorized to enter the zone must proceed
at a minimum safe speed, must comply with all orders issued by the COTP
or his designated representative, and must not proceed any closer than
100 yards, in any direction, to the submarine.
Regulatory Evaluation
This regulation 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 cost and benefits under
section 6(a)(3) of that Order. The Office of Management and Budget has
not reviewed it under the order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS) because these regulations will only be in effect for a
short period of time and the impact on routine navigation is expected
to be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 dominate in their field,
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 upon a substantial number of
small entities because the regulation will only be enforced for a short
period of time within an 11 day window, during vessel transits, and the
impact on routine navigation is expected to be minimal. Vessels may
still transit safely around the zone and, upon permission of the
Captain of the Port or his designated representative, may transit at
minimum safe speed through that portion of the security zone between
200 and 500 yards from the submarine.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 204-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. If the rule
will affect your small business, organization, or government
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
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 State, local, or tribal government, in the
aggregate, or by the private sector of $100,000,000 or more in any one
year. Although this rule will not result in such an expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have
[[Page 65837]]
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 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 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,
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. 207-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. A new temporary Sec. 165.T07-140 is added to read as follows:
Sec. 165.T07-140 Security Zone; Sea buoy at the entrance of St.
Mary's River to Kings Bay, GA.
(a) Regulated area. The Coast Guard is establishing a temporary
moving security zone around foreign naval submarines when they are
within a regulated area 12 nautical miles offshore from the baseline,
also known as the shoreline, at the mouth of the St. Mary's River to
the Kings Bay Naval Submarine Base, Kings Bay, GA. The temporary
security zone encompasses all waters within 500 yards in any direction
around a foreign navy submarine transiting within the regulated area.
(b) Definitions. The following definitions apply to this section:
Designated representatives means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and federal, state, and local officers
designated by or assisting the Captain of the Port (COTP),
Jacksonville, Florida, in the enforcement of the regulated navigation
areas and security zones.
Minimum Safe Speed means the speed at which a vessel proceeds when
it is fully off plane, completely settled in the water and not creating
excessive wake. Due to the different speeds at which vessels of
different sizes and configurations may travel while in compliance with
this definition, no specific speed is assigned to minimum safe speed.
In no instance should minimum safe speed be interpreted as a speed less
than that required for a particular vessel to maintain steerageway. A
vessel is not proceeding at minimum safe speed if it is:
(1) On a plane;
(2) In the process of coming up onto or coming off a plane; or
(3) Creating an excessive wake.
(c) Regulations. In accordance with the general regulations in
Sec. 165.33 of this part, anchoring, mooring or transiting in the
regulated area is prohibited unless authorized by the Coast Guard
Captain of the Port Jacksonville, FL or his designated representative.
Persons or vessels that receive permission to enter the security zone
must proceed at a minimum safe speed, must comply with all orders
issued by the COTP or his designated representative, and must not
proceed any closer than 200 yards, in any direction, to the submarine.
(d) Dates. This section is effective from 12:01 p.m. on October 20,
2005, until 11:59 p.m. on October 31, 2005.
Dated: October 20, 2005.
David L. Lersch,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 05-21721 Filed 10-31-05; 8:45 am]
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