[Federal Register Volume 76, Number 62 (Thursday, March 31, 2011)]
[Rules and Regulations]
[Pages 17782-17784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7640]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. 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; change of effective period.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is extending the effective period for
temporary fixed and moving security zones around certain passenger
vessels in the Sector Southeastern New England Captain of the Port Zone
through October 1, 2011. Temporary section 33 CFR 165.T01-0864, which
established these temporary security zones, was set to expire on April
1, 2011. Extending the effective period for these security zones
provides continued and uninterrupted protection of passengers, vessels,
and the public from destruction, loss, or injury from sabotage,
subversive acts, or other malicious acts of a similar nature.
DATES: Section 165.T01-0864 temporarily added at 75 FR 63717, October
18, 2010, effective from October 18, 2010, until April 1, 2011, will
continue in effect through October 1, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the
[[Page 17783]]
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 about this
notice, 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).
This rule extends the existing temporary security zones that are a
necessary and key component of the Coast Guard's maritime security
mission in Southeastern New England, and a separate permanent
rulemaking is being pursued under docket USCG-2010-0803, where the
public will be afforded ample opportunity to comment. Providing a
public notice and comment period for this temporary final rule is
contrary to national security concerns and the public interest.
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.
Basis and Purpose
The security zones in place pursuant to the Temporary Final Rule at
docket USCG-2010-0864 (75 FR 63714, October 18, 2010) were established
to protect certain passenger vessels in the Southeastern New England
Captain of the Port Zone from destruction, loss, or injury from
sabotage, subversive acts, or other malicious acts of a similar nature.
The authority for these security zones is set to expire on April 1,
2011. The Coast Guard is in the process of completing a separate
rulemaking to create permanent security zones in these locations under
docket USCG-2010-0803. The temporary security zones created by this
rule ensures that there is no gap in authority relative to the Coast
Guard's maritime security mission to protect passenger vessels from
destruction, loss, or injury from sabotage, subversive acts, or other
malicious acts of a similar nature while the rulemaking process is
ongoing.
Discussion of Rule
The Coast Guard is extending the effective date of security zones
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 rule
will also continue fixed moving security zones that will be in effect
in 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.
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 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
[[Page 17784]]
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 and 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.
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, 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. Section 165.T01-0864 temporarily added at 75 FR 63717, October 18,
2010, effective from October 18, 2010, until April 1, 2011, will
continue in effect through October 1, 2011.
Dated: March 23, 2011.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the Port, Southeastern New
England.
[FR Doc. 2011-7640 Filed 3-30-11; 8:45 am]
BILLING CODE 9110-04-P