[Federal Register Volume 81, Number 93 (Friday, May 13, 2016)]
[Rules and Regulations]
[Pages 29770-29772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11253]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2016-0250]
RIN 1625-AA87
Security Zone; Tall-Ship CUAUHTEMOC; Thames River, New London
Harbor, New London, CT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone
around the Tall-Ship CUAUHTEMOC during its transit through the Long
Island Sound Captain of the Port (COTP) Zone, and for the duration of
its mooring on the Thames River in New London Harbor, New London, CT.
This temporary final rule creates a 250-yard radius security zone
encompassing all navigable waters around the Tall-Ship CUAUHTEMOC while
in transit through Sector Long Island Sound's Captain of the Port
(COTP) Zone, and a 100-yard radius temporary security zone while the
vessel is anchored or moored in the Thames River in New London Harbor,
New London, CT. This zone is needed to protect the Tall-Ship CUAUHTEMOC
and its crew from destruction, loss, or injury from sabotage,
subversive acts, or other malicious acts of a similar nature. Persons
or vessels may not enter the security zone without permission of the
COTP or a COTP designated representative.
DATES: This rule is effective without actual notice from May 13, 2016
until May 14, 2016. For the purposes of enforcement, actual notice will
be used from May 1, 2016 until May 13, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0250 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Jay TerVeen, Prevention Department, Coast
Guard Sector Long Island Sound; telephone (203) 468-4446, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
DHS Department of Homeland Security
[[Page 29771]]
FR Federal Register
NPRM Notice of Proposed Rulemaking
II. Background Information and Regulatory History
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 an NPRM would be impracticable and
contrary to the public interest. Consequently, the Coast Guard did not
have enough time to draft, publish, and receive public comment on this
rulemaking via an NPRM and still publish a final rule before the event
was scheduled to take place. Delaying this rulemaking by waiting for a
comment period to run would also reduce the Coast Guard's ability to
fulfill its statutory missions to protect and secure the ports and
waterways of the United States.
Under 5 U.S.C. 553(d)(3), and for the same reasons as stated above,
the Coast Guard finds that good cause exists for making this rule
effective less than 30 days after publication in the Federal Register.
Delaying the effective date of this rule would be contrary to public
interest because immediate action is needed to respond to the potential
security threats associated with having the Tall-Ship CUAUHTEMOC in
U.S. Waters.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 33
U.S.C. 1231. The Captain of the Port Long of Island Sound (COTP) has
determined that vessels, within a 250-yard radius of the Tall-Ship
CUAUHTEMOC while it is transiting and a 100-yard radius while it is
moored, pose a potential security risk.
IV. Discussion of the Rule
This rule establishes a security zone from May 1, 2016 through May
14, 2016 for the Tall-Ship CUAUHTEMOC. This zone is needed to protect
the Tall-Ship CUAUHTEMOC and its crew from destruction, loss, or injury
from sabotage, subversive acts, or other malicious acts of a similar
nature.
This rule prevents vessels from entering, transiting, mooring, or
anchoring within the security zone unless authorized by the COTP or
designated representative. The Coast Guard has determined that this
security zone will not have a significant impact on vessel traffic due
to its temporary nature, limited size, and the fact that vessels are
allowed to transit the navigable waters outside of the security zone.
The Coast Guard will notify the public and local mariners of this
safety zone through appropriate means, which may include, but are not
limited to, publication in the Federal Register, the Local Notice to
Mariners, and Broadcast Notice to Mariners.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and Executive Order and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Orders 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
The Coast Guard determined that this rulemaking is not a
significant regulatory action for the following reasons: (1) The
enforcement of this security zone will be relatively short in duration;
(2) persons or vessels desiring to enter the security zone may do so
with permission from the COTP Sector LIS or a designated
representative; (3) this security zone is designed in a way to limit
impacts on vessel traffic, permitting vessels to navigate in other
portions of the waterway not designated as a security zone; and (4) the
Coast Guard will notify the public of the enforcement of this rule via
appropriate means, such as via Local Notice to Mariners and Broadcast
Notice to Mariners to increase public awareness of this security zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT.
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 proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
[[Page 29772]]
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
(DHS) Management Directive 023-01 and Commandant Instruction Manual
(CIM) 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 that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule involves the establishment
of a temporary security zone and is categorically excluded from further
review under, paragraph 34(g) of figure 2-1 of the Commandant
Instruction. An environmental analysis checklist and a categorical
exclusion determination will be available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
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 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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-0250 to read as follows:
Sec. 165.T01-0250 Security Zone; Tall-Ship CUAUHTEMOC; Thames River,
New London Harbor, New London, CT.
(a) Location. The following areas are designated as security zones:
(1) All navigable waters within the Sector Long Island Sound
Captain of the Port (COTP) Zone, extending from the surface to the
bottom, within a 250-yard radius of the Tall-Ship CUAUHTEMOC.
(2) All navigable waters within the Thames River in New London
Harbor, New London, CT, extending from the surface to the riverbed
within a 100-yard radius of the Tall-Ship CUAUHTEMOC while it moored or
anchored in the Thames River in New London Harbor, New London, CT.
(b) Enforcement Period. This section will be enforced from May 1,
2016 through May 14, 2016, unless terminated sooner by the COTP.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.33 apply. During the enforcement period, entry into, transit
through, remaining within, mooring or anchoring within this temporary
security zone is prohibited unless authorized by the Captain of the
Port (COTP) or the designated representative.
(2) Vessel operators given permission to enter or operate in the
temporary security zone must comply with all directions given to them
by the COTP or the designated representatives. Those vessels may be
required to be at anchor or moored to a waterfront facility.
(3) The ``designated representative'' is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
COTP 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.
(4) Vessel operators desiring to enter or operate within the
temporary security zone shall telephone the COTP at (203) 468-4401, or
his designated representative via VHF channel 16 to obtain permission
to do so.
Dated: April 19, 2016.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2016-11253 Filed 5-12-16; 8:45 am]
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