
[Federal Register: March 31, 2011 (Volume 76, Number 62)]
[Rules and Regulations]               
[Page 17782-17784]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr11-9]                         

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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.

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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 Edward.G.LeBlanc@uscg.mil. 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

