[Federal Register: February 18, 2005 (Volume 70, Number 33)]
[Proposed Rules]
[Page 8309-8312]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18fe05-20]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-05-011]
RIN 1625-AA00, AA87
Safety and Security Zones; TOPOFF 3, New London, CT
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish safety and security
zones around waterfront areas in New London, Connecticut during the
Congressionally-mandated third Top Officials exercise scheduled for
April 2005. These zones are necessary to provide for the safety and
security of participants in the exercise, the surrounding shore and
maritime communities from potential sabotage or subversive acts aimed
at this large scale, high profile exercise. These temporary safety and
security zones prohibit persons or vessels from entering unless
authorized by the Captain of the Port, Long Island Sound or designated
representative.
DATES: Comments and related material must reach the Coast Guard on or
before March 11, 2005.
ADDRESSES: You may mail comments and related material to Waterways
Management Division, Coast Guard Group/Marine Safety Office Long Island
Sound, 120 Woodward Avenue, New Haven, CT 06512. Coast Guard Group/
Marine Safety Office 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
[[Page 8310]]
being available in the docket, will become part of this docket and will
be available for inspection or copying at Group/Marine Safety Office
Long Island Sound, New Haven, CT, between 9 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant A. Logman, Chief, Waterways
Management Division, Coast Guard Group/Marine Safety Office Long Island
Sound at (203) 468-4429.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting comments and related material. Persons
submitting comments should include their names and addresses, identify
the docket number for this rulemaking (CGD01-05-011), 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. Persons wanting acknowledgment of receipt
of comments should enclose stamped, self-addressed postcards or
envelopes. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of the
comments received. The period for submitting comments is 21 days from
publication of this NPRM. The Coast Guard finds good cause for a
reduced comment period. A shortened comment period will provide the
public with the ability to comment on this regulation, will provide the
Coast Guard time to consider the comments and incorporate them into a
final rule, if appropriate, and will provide adequate time for the
final rule to be published for notification to the public in advance of
its effective date. To ensure that the public is given ample
opportunity to provide input to this proposed rulemaking in spite of
the reduced comment period, Coast Guard Group/Marine Safety Office Long
Island Sound will make this NPRM widely available to the maritime
community and general public through notification in the Local Notice
to Mariners, marine safety information bulletins and through local
waterways users groups.
If, as we anticipate we make this temporary final rule effective
less than 30 days after publication in the Federal Register, we will
explain in that publication, as required by 5 U.S.C. (d)(3), our good
cause for doing so.
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 third Top Officials (TOPOFF 3) exercise, will take place from
April 4 through April 10, 2005. TOPOFF 3 is the third of the
Congressionally-mandated weapons of mass destruction (WMD) national
exercise series. TOPOFF 3 will use a series of exercise activities of
increasing complexity, and will simulate a terrorist WMD campaign with
simulated attacks occurring in the States of Connecticut and New
Jersey. Additional TOPOFF activities will be conducted within the
United Kingdom as part of a partnership to strengthen security in both
nations. The specific scenarios for the exercise are still being
developed. In New London, Connecticut, these activities will take place
mainly in the vicinity of Fort Trumbull State Park. Additional
activities associated with this exercise will take place in the
vicinity of Ocean Beach in New London.
There will be approximately 800 participants in TOPOFF 3, from
various federal, state and local agencies. Numerous high-level public
officials will participate, including United States Congressmen and
Senators. Participants will be transported to Fort Trumbull via land
and water transportation. Due to the high visibility and high profile
of the participants, safety and security zones are warranted to
safeguard participants and the surrounding community from sabotage or
other subversive acts, accidents or other hazards of a similar nature.
Discussion of Proposed Rule
This rule would create safety and security zones surrounding Fort
Trumbull State Park and Ocean Beach in New London, Connecticut. The
safety and security zones proposed herein would be effective from April
2, 2005 through April 10, 2005. This effective period covers the
scheduled exercise dates from April 4 through April 10, 2005, and
provides for an additional period leading up to the exercise to provide
for monitoring and searching of the area being utilized for the
exercise.
The safety and security zones surrounding Fort Trumbull State Park
will encompass the waters of the Thames River approximately 100-yards
from Fort Trumbull State Park and the Parks piers. The Fort Trumbull
Safety and Security Zone includes all waters of the Thames River
bounded as follows: beginning at the end of the New England Seafood
pier at approximate position 41[deg]20'49.7'' N, 072[deg]05'41.6'' W,
thence running in an easterly direction to position 41[deg]20'50.9'' N,
072[deg]05'36.5'' W, thence in a southeasterly direction to position
41[deg]20'43.1'' N, 072[deg]05'19.7'' W, then south to position
41[deg]20'34.9'' N, 072[deg]05'19.6'' W, thence southwesterly to a
point on the western shore of the Thames River at position,
41[deg]20'26.6'' N, 072[deg]05'38.9'' W, thence northerly along the
western shore of the Thames River to a position on the shore of the
Thames River at position 41[deg]20'29.3'' N, 072[deg]05'39.7'' W,
thence along the shore of the Thames River to the point of beginning.
The safety and security zones surrounding Ocean Beach will
encompass the waters of Long Island Sound approximately 100-yards off
of Ocean Beach. The Ocean Beach Safety and Security Zone includes all
waters of Long Island Sound bounded by lines as follows: beginning at a
position on the shore of New London, Connecticut at position
41[deg]18'31.4'' N, 072[deg]05'39.6'' W, thence running southeasterly
to position 41[deg]18'29.3'' N, 072[deg]05'36.9'' W, thence running
southwesterly to position 41[deg]18'11.8'' N, 072[deg]06'2.8'' W,
thence running northwesterly to position 41[deg]18'14.5'' N,
072[deg]06'6.1'' W, thence running northeasterly along the shore to the
point of beginning.
Entry into these zones is prohibited unless authorized by the
Captain of the Port, Long Island Sound. Any violation of the safety and
security zones described herein is punishable by, among others, civil
and criminal penalties, in rem liability against the offending vessel,
and license sanctions.
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 rule to
be so minimal that a full Regulatory Evaluation under the regulatory
policies and procedures of DHS is unnecessary. This regulation
[[Page 8311]]
may have some impact on the public, but the potential impact would be
minimized for the following reasons: vessels may transit in all areas
of the Thames River and Long Island Sound other than those areas
covered by the safety and security zones proposed herein. Vessels
wishing to transit to Fort Trumbull Marina may request permission to
transit through the Fort Trumbull and Ocean Beach Safety and Security
Zones from the Captain of the Port, Long Island Sound or their on-scene
representatives. Commercial fishing vessels wishing to operate in the
zones may request permission to enter the zones in advance of their
effective dates from the COTP, Long Island Sound. Additionally, there
will be extensive advanced notifications made to the maritime community
via the Local Notice to Mariners, marine information broadcasts and
local area maritime committees. The safety and security zones have been
narrowly tailored to impose the least impact on maritime interests yet
provide the level of safety and protection deemed necessary for this
high visibility event.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard 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 rule may affect the following entities,
some of which may be small entities: commercial vessels wishing to
transit, fish or anchor in the portions of the Thames River or Long
Island Sound covered by the proposed rule. For the reasons outlined in
the Regulatory Evaluation section above, this 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 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 can better
evaluate its effects on them and participate in the rulemaking. 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 A. Logman at the address
listed in ADDRESSES above.
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
The Coast Guard has analyzed this proposed rule under Executive
Order 13132, Federalism, and has determined that this rule does not
have implications for federalism under that Order.
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
The Coast Guard has analyzed this proposed rule under Executive
Order 13045, Protection of Children from Environmental Health Risks and
Safety Risks. This proposed rule is not an economically significant
rule and would not create an environmental risk to health or risk to
safety that might 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.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. 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. 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.
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
[[Page 8312]]
not consider the use of voluntary consensus standards.
Environment
The Coast Guard has 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 would be
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. 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. From 12:01 a.m. on April 2, 2005 to 11:59 p.m. on April 10, 2005
add temporary Sec. 165.T01-011 to read as follows:
Sec. 165.T01-011 Security and Safety Zone: TOPOFF 3, New London, CT
(a) Locations. (1) Fort Trumbull Safety and Security Zone. The
following area is a safety and security zone: All waters of the Thames
River in an area bounded as follows: beginning at the end of the New
England Seafood pier at approximate position 41[deg]20'49.7'' N,
072[deg]05'41.6'' W, thence running in an easterly direction to
position 40[deg]20'50.9'' N, 072[deg]05'36.5'' W, thence in a
southeasterly direction to position 41[deg]20'43.1'' N,
072[deg]05'19.7'' W, then south to position 41[deg]20'34.9'' N,
072[deg]05'19.6'' W, thence southwesterly to a point on the western
shore of the Thames river at position, 41[deg]20'26.6'' N,
072[deg]05'38.9'' W, thence northerly along the western shore of the
Thames River to a position on the shore of the Thames River at position
41[deg]20'29.3'' N, 072[deg]05'39.7'' W, thence along the shore of the
Thames River to the point of beginning.
(2) Ocean Beach Safety and Security Zone. The following area is a
safety and security zone: All waters of Long Island Sound off of New
London, Connecticut in an area bounded as follows: beginning at a
position on the shore of New London Connecticut at position
41[deg]18'31.4'' N, 072[deg]05'39.6'' W, thence running southeasterly
to position 41[deg]18'29.3'' N, 072[deg]05'36.9'' W, thence running
position southwesterly to position 41[deg]18'11.8'' N, 072[deg]06'2.8''
W, thence running northwesterly to position 41[deg]18'14.5'' N,
072[deg]06'6.1'' W, thence running northeasterly along the shore to the
point of beginning.
(b) Effective date. This rule is effective from 12:01 a.m. on April
2, 2005 until 11:59 p.m. on April 10, 2005.
(c) Regulations. (1) In accordance with the general regulations in
165.23 and 165.33 of this part, entry into or movement within these
zones is prohibited unless authorized by the Captain of the Port
(COTP), Long Island Sound.
(2) All persons and vessels shall comply with the instructions of
the COTP, or the designated on-scene U.S. Coast Guard representative.
On-scene Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and Federal law enforcement vessels.
Dated: February 11, 2005.
Peter J. Boynton,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 05-3120 Filed 2-17-05; 8:45 am]
BILLING CODE 4910-15-P