[Federal Register Volume 75, Number 200 (Monday, October 18, 2010)]
[Rules and Regulations]
[Pages 63714-63717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26099]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2010-0864]
RIN 1625-AA87
Security Zone: Passenger Vessels, Sector Southeastern New England
Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary fixed and moving
security zones around passenger vessels in the Sector Southeastern New
England Captain of the Port Zone. A fixed security zone will be in
effect within a maximum 100-yard radius of any passenger vessel
anchored, moored, or in the process of mooring and a moving security
zone up to 200 yards for any passenger vessel underway being escorted
by Coast Guard or forces under Coast Guard control (such as assisting
law enforcement agencies). These zones are needed to protect
[[Page 63715]]
passengers, vessels and the public from destruction, loss, or injury
from sabotage, subversive acts, or other malicious acts of a similar
nature. This temporary final rule is an interim measure while a
permanent rulemaking process is pursued separately under docket USCG-
2010-0803.
DATES: This rule is effective in the CFR from October 18, 2010 until
April 1, 2011. This rule is effective with actual notice for purposes
of enforcement from September 22, 2010, until 8 a.m. on April 1, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0864 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0864 in the
``Keyword'' box, and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Mr. Edward G. LeBlanc at Sector
Southeastern New England; telephone (401) 435-2351, e-mail
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because these temporary security zones are a
necessary and key component of the Coast Guard's maritime security
mission in Southeastern New England, and a separate notice of proposed
rulemaking will be pursued, where the public will be afforded ample
opportunity to comment. Delaying the effective date of this rule to
provide a public notice and comment period for this temporary final
rule is contrary to national security concerns and the public interest.
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. Any delay encountered in this
temporary rule's effective date would be contrary to the public
interest given the need to protect passenger vessels from destruction,
loss, or injury from sabotage, subversive acts, or other malicious acts
of a similar nature.
Basis and Purpose
The Coast Guard's maritime security mission includes the
requirement to protect passenger vessels from destruction, loss, or
injury from sabotage, subversive acts, or other malicious acts of a
similar nature. Protecting these vessels from potential threats or harm
while transiting, or while moored, at any berth, or at anchor in the
waters of Sector Southeastern New England Captain of The Port Zone is
necessary to safeguard passengers, vessels, and the general public.
Discussion of Rule
This regulation establishes temporary fixed security zones that
will be in effect in the navigable waters within a maximum 100-yard
radius around passenger vessels that are moored, or in the process of
mooring, at any berth or at anchor within the Sector Southeastern New
England Captain of the Port Zone. This regulation also establishes
fixed moving security zones that will be in effect in the navigable
waters up to 200 yards around escorted passenger vessels while underway
in the navigable waters within the Sector Southeastern New England
Captain of the Port Zone. The definition of passenger vessels to which
these zones apply are passenger vessels over 100 gross tons authorized
to carry more than 500 passengers for hire making voyages, any part of
which is on the high seas, and for which passengers are embarked,
disembarked or pay a port call, in the Sector Southeastern New England
Captain of the Port Zone. These high-capacity passenger vessels
typically are greater than 200 feet in length and have multiple decks.
These security zones are necessary to safeguard passenger vessels,
persons aboard passenger vessels, the public, waterways, ports, and
adjacent facilities in the Sector Southeastern New England Captain of
the Port Zone.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders relating to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
The Coast Guard expects 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. The effect of this rule will not
be significant. Temporary moving security zones will only be in effect
while escorted passenger vessels are underway, and the zone will not
restrict any waterway for a long period of time. The vast majority of
passenger vessel transits in the waters of Sector Southeastern New
England Captain of the Port Zone are less than two hours. Temporary
fixed security zones around passenger vessels that are moored, or in
the process of mooring, at any berth or at anchor are anticipated to
have minimal impact on vessel traffic because such vessels anchored or
moored in designated anchorages or at waterfront facilities are away
from navigation channels used by mariners. Additionally, vessels may be
permitted to enter these security zones with expressed permission of
the Captain of the Port, minimizing any adverse impact. It has been
determined that the necessary security enhancements provided by this
rule greatly outweigh any potential negative impacts.
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: The owners and operators of vessels intending to
transit the waters of Sector Southeastern New England Captain of the
Port Zone while the
[[Page 63716]]
security zones are enforced. These security zones will not have a
significant impact on a substantial number of small entities for the
following reasons: The moving security zones will only be enforced when
an escorted passenger vessel is underway, and such transits in the
Sector Southeastern New England Captain of the Port Zone are typically
less than two hours in duration; the fixed security zones around
passenger vessels moored, or in the process of mooring, at a berth or
at anchorage, allow for vessel traffic to transit the navigable waters
outside the zone. Additionally, vessels may be permitted to enter these
security zones with the express prior permission of the Captain of the
Port, minimizing any adverse impact.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If you
think your small business or organization would be affected by this
rule and you have any questions concerning its provisions or options
for compliance, please call Mr. Edward G. Leblanc at (401) 435-2351.
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). 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 (adjusted for
inflation) 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 cause 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 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.
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 Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g) of the Instruction. This rule fits the category selected from
paragraph (34)(g), as it establishes a temporary security zone for a
limited period of time. A final ``Environmental Analysis Check List''
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), Reports 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:
[[Page 63717]]
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 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.T01-0864 to read as follows:
Sec. 165.T01-0864 Security Zone: Escorted Passenger Vessels, Sector
Southeastern New England Captain of the Port Zone.
(a) Location. The following areas are security zones: All navigable
waters within the Sector Southeastern New England Captain of the Port
Zone, extending from the surface to the sea floor, that are:
(1) Within a maximum 200-yard radius of any passenger vessel that
is underway and is under escort of U.S. Coast Guard law enforcement
personnel, or
(2) Within a maximum 100-yard radius of any passenger vessel that
is anchored, at any berth, moored, or in the process of mooring.
(b) Definitions. As used in this section--
Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been designated by the Captain of the
Port to act on his behalf. The on-scene representative may be on a
Coast Guard vessel, or onboard a Federal, State, or local agency vessel
that is authorized to act in support of the Coast Guard.
Passenger vessel means any passenger vessel over 100 gross tons
authorized to carry more than 500 passengers for hire making voyages,
any part of which is on the high seas, and for which passengers are
embarked, disembarked or pay a port call, in the Sector Southeastern
New England Captain of the Port Zone.
Sector Southeastern New England Captain of the Port Zone means the
area defined in 33 CFR 3.05-20.
(c) Notification. Sector Southeastern New England Captain of the
Port will give actual notice to mariners for the purpose of enforcement
of this temporary security zone. In addition, the Coast Guard will
broadcast the area designated as a security zone for the duration of
the enforcement period via Broadcast Notice to Mariners.
(d) Effective and enforcement period. This rule is effective with
actual notice for purposes of enforcement from September 22, 2010,
through 8 a.m. on April 1, 2011.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into or movement within these zones is
prohibited unless authorized by the Captain of the Port Southeastern
New England or his designated representative.
(2) All persons and vessels must comply with the instructions of
the Captain of the Port or his designated representative. Emergency
response vessels are authorized to move within the zone, but must abide
by the restrictions imposed by the Captain of the Port or his
designated representative.
(3) No person may swim upon or below the surface of the water
within the boundaries of these security zones unless previously
authorized by the Captain of the Port or his designated representative.
(4) Upon being hailed by a U.S. Coast Guard vessel or his
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed.
(5) Vessel operators desiring to enter or operate within the
security zone shall contact the Captain of the Port or his designated
representative via VHF channel 16 to obtain permission to do so.
Dated: September 22, 2010.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the Port, Southeastern New
England.
[FR Doc. 2010-26099 Filed 10-15-10; 8:45 am]
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