[Federal Register: June 20, 2002 (Volume 67, Number 119)]
[Proposed Rules]               
[Page 41911-41914]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn02-30]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-065]
RIN 2115-AA97

 
Safety and Security Zones; High Interest Vessel Transits, 
Narragansett Bay, Providence River, and Taunton River, RI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish permanent safety and 
security zones around high interest vessels (HIVs) while those vessels 
are operating within Rhode Island Sound, Narragansett Bay and the 
Providence and Taunton Rivers. This proposed rule would also create 
safety and security zones around HIVs and adjacent land areas while 
HIVs are moored at waterfront facilities in the Providence Captain of 
the Port zone. The safety and security zones are needed to safeguard 
the public, high interest vessels and their crews, and other vessels 
and their crews, and the Port of Providence, Rhode Island from sabotage 
or other subversive acts, accidents, or other causes of a similar 
nature.

DATES: Comments and related materials must reach the Coast Guard on or 
before August 5, 2002.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Providence, 20 Risho Avenue, East Providence, Rhode Island 
02914. Marine Safety Office Providence maintains the public docket for 
this rulemaking. Comments and materials received from the public, as 
well as

[[Page 41912]]

documents indicated in this preamble as being available in the docket, 
will become part of the docket (CGD01-02-065) and will be available for 
inspection or copying at Marine Safety Office Providence between the 
hours of 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: LT David C. Barata at Marine Safety 
Office Providence, at (401) 435-2335.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD01-02-065) and the specific section of 
this document to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes. The Coast Guard will consider all comments received during 
the comment period. It may change this proposed rule in view of the 
comments.

Public Hearing

    The Coast Guard plans no public hearing regarding this rulemaking. 
Persons may request a public hearing by writing to the Waterways 
Oversight Branch at the address under ADDRESSES. The request should 
include the reasons why a hearing would be beneficial. If it determines 
that the opportunity for oral presentations will aid this rulemaking, 
the Coast Guard will hold a public hearing at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    In light of terrorist attacks on New York City and Washington, DC 
on September 11, 2001, and the continuing concern for future terrorist 
acts against the United States, permanent safety and security zones are 
proposed to safeguard various high interest vessels transiting 
Narragansett Bay en route commercial facilities in the upper Providence 
River and Taunton River. For purposes of this proposed rulemaking, high 
interest vessels operating in the Providence Captain of the Port zone 
include barges or ships carrying liquefied petroleum gas (LPG), 
liquefied natural gas, chlorine, anhydrous ammonia, or any other cargo 
deemed to be high interest by the Captain of the Port. Title 33 CFR 
165.121 currently provides for safety zones for LPG vessels while at 
anchor in Rhode Island Sound, while transiting Narragansett Bay and the 
Providence River, and while LPG vessels are either moored at the Port 
of Providence LPG facility or at the manifolds connected at the Port of 
Providence LPG facility. However, in light of the current terrorist 
threats to national security, this zone is insufficient to protect LPG 
vessels while anchored in Rhode Island Sound, or while a vessel is 
transiting or moored in the Port of Providence. Moreover, this proposed 
rulemaking is necessary to protect other high interest vessels not 
currently covered by 33 CFR 165.121. This proposed rulemaking would 
revise 33 CFR 165.121 to cover HIV transits and while vessels are 
moored at facilities, as described below.
    This rulemaking proposes to make permanent the temporary safety and 
security zones established on October 6, 2001, published at 66 FR 
64144. That rulemaking created temporary safety and security zones 
around high interest vessels in the Providence, Rhode Island Captain of 
the Port Zone, identical to those proposed to be made permanent in this 
rulemaking. That rulemaking was effective until June 15, 2002. The 
temporary rulemaking was extended until September 15, 2002, by a notice 
in the Federal Register dated May 17, 2002 (67 FR 35035).

Discussion of Proposed Rule

    The proposed safety and security zones are needed to protect high 
interest vessels, their crews, and the public, from harmful or 
subversive acts, accidents or other causes of a similar nature. The 
proposed safety and security zones would have identical boundaries, as 
follows: (1) All waters of Rhode Island Sound within a one half mile 
radius of any high interest vessel while the vessel is anchored within 
one half mile of the position Latitude 41 deg.25' N, Longitude 
71 deg.23' W in the Narragansett Bay Precautionary Area; (2) all waters 
of Rhode Island Sound, Narragansett Bay, the Providence and Taunton 
Rivers two (2) miles ahead and one (1) mile astern and extending 1000 
yards on either side of any high interest vessel transiting 
Narragansett Bay, or the Providence and Taunton Rivers; (3) all waters 
and land within a 1000-yard radius of any high interest vessel moored 
at a waterfront facility in the Providence Captain of the Port zone.
    No person or vessel would be able to enter or remain in the 
prescribed safety and security zones at any time without the permission 
of the Captain of the Port. Each person or vessel in a safety and 
security zone would be required to obey any direction or order of the 
Captain of the Port or designated Coast Guard representative on-scene. 
The Captain of the Port would be able to take possession and control of 
any vessel in a security zone and/or remove any person, vessel, article 
or thing from a security zone. No person would be able to board, take 
or place any article or thing on board any vessel or waterfront 
facility in a security zone without permission of the Captain of the 
Port. The public would be made aware of dates and times during which 
the safety and security zones will be enforced through a Marine Safety 
Information Radio Broadcast on channel 22 (157.1 MHz). Any violation of 
any safety or security zone proposed herein, would be punishable by, 
among others, civil penalties (not to exceed $25,000 per violation, 
where each day of a continuing violation is a separate violation), 
criminal penalties (imprisonment for not more than 10 years and a fine 
of not more than $100,000), in addition to liability against the 
offending vessel, and license sanctions. This regulation is proposed 
under the authority contained in 50 U.S.C. 191, 33 U.S.C. 1223, 1225 
and 1226.

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 
Transportation (DOT) (44 FR 11040; February 26, 1979).
    The Coast Guard expects the economic impact of this proposed rule 
to be so minimal that a full regulatory evaluation under paragraph 10e 
of the regulatory policies and procedures of DOT is unnecessary. The 
proposed sizes of the zones are the minimum necessary to provide 
adequate protection for high interest vessels and their crews, other 
vessels operating in the vicinity of high interest vessels and their 
crews, adjoining areas, and the public. The entities most likely to be 
affected are commercial vessels transiting the main ship channel en 
route the upper Providence River and Taunton River and pleasure craft 
engaged in recreational activities and sightseeing. The proposed safety 
and security zones would prohibit any commercial vessels from meeting 
or overtaking a high interest vessel in the main ship channel,

[[Page 41913]]

effectively prohibiting use of the channel. However, the zones would 
only be effective during the vessel transits, which would last for 
approximately three hours. In addition, vessels would be able to safely 
transit around the zones while a vessel is moored or at anchor in Rhode 
Island Sound. Additionally, the Captain of the Port would be able to 
allow persons to enter the zone on a case-by-case basis.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 and 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 proposed rule would affect the following 
entities, some of which may be small entities: The owners or operators 
of vessels intending to transit the main ship channel in Narragansett 
Bay, Providence River, and the Taunton River at the same time as high 
interest vessels, and vessels transiting in the vicinity of moored high 
interest vessels. The proposed safety and security zones would not have 
a significant economic impact on a substantial number of small entities 
for several reasons: Small vessel traffic would be able to pass safely 
around the zones and vessels engaged in recreational activities, 
sightseeing and commercial fishing have ample space outside of the 
safety and security zones to engage in these activities. When a high 
interest vessel is at anchor, vessel traffic would have ample room to 
maneuver around the safety and security zones. The outbound and inbound 
transit of a high interest vessel would each last a maximum of three 
hours. Although this proposed rule would prohibit simultaneous use of 
the channel, this prohibition is of short duration and marine 
advisories would be issued prior to transit of a high interest vessel. 
While a high interest vessel is moored, commercial traffic and small 
recreational traffic would have an opportunity to coordinate movement 
through the safety and security zones with the patrol commander. Before 
the effective period, we will issue maritime advisories widely 
available to users of the area.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard wants to assist 
small entities in understanding this rule so that they can better 
evaluate its effects on them and participate in the rulemaking process. 
If your small business or organization would be affected by this rule 
and you have questions concerning its provisions or options for 
compliance, please call LT David C. Barata, at (401) 435-2335. 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 comments on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This proposed rule calls for no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501-3520.).

Federalism

    The Coast Guard has analyzed this action under Executive Order 
13132, Federalism, and has determined that this proposed rule does not 
have implications for federalism under that Order.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule will not affect 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 rule is not an economically significant rule and 
does not concern an environmental risk to health or risk to safety that 
may 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. A rule with tribal implications has a substantial direct 
effect on one or more Indian tribe, 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. 
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.

Environment

    The Coast Guard has considered the environmental impact of 
implementing this proposed rule and concluded that under figure 2-1, 
paragraph 34(g) of Commandant Instruction M16475.1D, this proposed rule 
is categorically excluded from further environmental documentation. A 
``Categorical Exclusion Determination'' is available in the docket.

Energy Effects

    The Coast Guard has 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping

[[Page 41914]]

requirements, Security measures, Waterways.

    For the reasons set out in the preamble, the Coast Guard amends 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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    2. Revise Sec. 165.121 to read as follows:


Sec. 165.121  Safety and Security Zones; High Interest Vessels, 
Narragansett Bay, Rhode Island.

    (a) Location. (1) All waters of Rhode Island Sound within a one 
half mile radius of any high interest vessel while the vessel is 
anchored within one half mile of the point Latitude 41 deg.25' N, 
Longitude 71 deg.23' W in the Narragansett Bay Precautionary Area; (2) 
All waters of Rhode Island Sound, Narragansett Bay, the Providence and 
Taunton Rivers two (2) miles ahead and one (1) mile astern, and 
extending 1000 yards on either side of any high interest vessel 
transiting Narragansett Bay, or the Providence and Taunton Rivers; (3) 
all waters and land within a 1000-yard radius of any high interest 
vessel moored at a waterfront facility in the Providence Captain of the 
Port zone.
    (b) Regulations.
    (1) Entry into or movement within these zones, including below the 
surface of the water, during times in which high interest vessels are 
present and the zones are enforced is prohibited unless authorized by 
the COTP (Captain of the Port) Providence or authorized representative.
    (2) The general regulations covering safety and security zones in 
Sec. 165.23 and Sec. 165.33 of this part apply.
    (3) All persons and vessels shall comply with the instructions of 
the COTP, and the designated on-scene U.S. Coast Guard personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant, and 
petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, local, state, and federal law enforcement vessels.

    Dated: May 23, 2002.
Mark G. VanHaverbeke,
Captain, Coast Guard, Captain of the Port.
[FR Doc. 02-15610 Filed 6-19-02; 8:45 am]
BILLING CODE 4910-15-P