[Federal Register: March 28, 2005 (Volume 70, Number 58)]
[Rules and Regulations]
[Page 15585-15587]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr05-13]
[[Page 15585]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-05-011]
RIN 1625-AA00, AA87
Safety and Security Zones; TOPOFF 3, New London, CT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rulemaking.
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SUMMARY: The Coast Guard is establishing safety and security zones
around waterfront areas in New London, Connecticut during the
Congressionally-mandated third Top Officials exercise. These zones are
necessary to provide for the safety and security of participants in the
exercise, the surrounding shore and maritime communities from potential
sabotage or subversive acts aimed at this large scale, high profile
exercise. These temporary safety and security zones prohibit persons or
vessels from entering unless authorized by the Captain of the Port,
Long Island Sound or designated representative.
DATES: This rule is effective from 12:01 a.m. on April 2, 2005 until
11:59 p.m. on April 10, 2005.
ADDRESSES: You may mail comments and related material to Waterways
Management Division, Coast Guard Group/Marine Safety Office Long Island
Sound, 120 Woodward Avenue, New Haven, CT 06512. Coast Guard Group/
Marine Safety Office Long Island Sound maintains the public docket for
this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at Group/Marine Safety Office Long Island Sound,
New Haven, CT, between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant A. Logman, Chief, Waterways
Management Division, Coast Guard Group/Marine Safety Office Long Island
Sound at (203) 468-4429.
SUPPLEMENTARY INFORMATION:
Regulatory History
On February 18, 2005, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety and Security Zones; TOPOFF 3, New London,
CT.'' Federal Register (69 FR 8309). No comments were received on the
proposed rule. No public hearing was requested, and none was held.
In accordance with 5 U.S.C. (d)(3), the Coast Guard finds good
cause for making this rule effective less than 30 days after
publication in the Federal Register. Final plans for this exercise were
not finalized with sufficient time to publish an NPRM and Final Rule in
accordance with the publication requirements of 5 U.S.C. 553. However,
the Coast Guard wished to provide the public with the opportunity to
comment on this rulemaking. By doing so, the timeframe for the
publication of the final rule has been reduced to less than 30 days.
The delay inherent in publication of this final rule 30 days in advance
of its effective date is contrary to the public interest and
impracticable, as immediate action is needed to protect participants in
this exercise, scheduled for April 4-10, 2005. The Coast Guard Group,
Marine Safety Office Long Island Sound will make this Final Rule widely
available to the maritime community and general public through
notification in the Local Notice to Mariners, marine safety information
bulletins and through local waterways users groups.
Background and Purpose
The third Top Officials (TOPOFF) exercise, will take place from
April 4 through April 10, 2005. TOPOFF 3 is the third of the
Congressionally-mandated weapons of mass destruction (WMD) national
exercise series. TOPOFF 3 will use a series of exercise activities of
increasing complexity, and will simulate a terrorist WMD campaign with
simulated attacks occurring in the States of Connecticut and New
Jersey. Additional TOPOFF activities will be conducted within the
United Kingdom as part of a partnership to strengthen security in both
nations. The specific scenarios for the exercise are still being
developed. In New London, Connecticut, these activities will take place
mainly in the vicinity of Fort Trumbull State Park. Additional
activities associated with this exercise will take place in the
vicinity of Ocean Beach in New London.
There will be approximately 800 participants in TOPOFF 3, from
various federal, state and local agencies. Numerous high-level public
officials will participate. Participants will be transported to Fort
Trumbull via land and water transportation. Due to the high visibility
and high profile of the participants, safety and security zones are
warranted to safeguard participants and the surrounding community from
sabotage or other subversive acts, accidents or other hazards of a
similar nature.
Discussion of Comments and Changes
No comments were received in response to the NPRM, and no changes
have been made to the final rule.
Discussion of Rule
This rule creates safety and security zones surrounding Fort
Trumbull State Park and Ocean Beach in New London, Connecticut. The
safety and security zones established herein are effective from April
2, 2005 through April 10, 2005. This effective period covers the
scheduled exercise dates from April 4 through April 10, 2005, and
provides for an additional period leading up to the exercise to provide
for monitoring and searching of the area being utilized for the
exercise.
The safety and security zone surrounding Fort Trumbull State Park
encompass the waters of the Thames River approximately 100-yards from
Fort Trumbull State Park and the Parks piers. The Fort Trumbull Safety
and Security Zone includes all waters of the Thames River bounded as
follows: beginning at the end of the New England Seafood pier at
approximate position 41[deg]20'49.7'' N, 072[deg]05'41.6'' W, thence
running in an easterly direction to position 41[deg]20'50.9'' N,
072[deg]05'36.5'' W, thence in a southeasterly direction to position
41[deg]20'43.1'' N, 072[deg]05'19.7'' W, then south to position
41[deg]20'34.9'' N, 072[deg]05'19.6'' W, thence southwesterly to a
point on the western shore of the Thames River at position,
41[deg]20'26.6'' N, 072[deg]05'38.9'' W, thence northerly along the
western shore of the Thames River to a position on the shore of the
Thames River at position 41[deg]20'29.3'' N, 072[deg]05'39.7'' W,
thence along the shore of the Thames River to the point of beginning.
The safety and security zone surrounding Ocean Beach encompass the
waters of Long Island Sound approximately 100-yards off of Ocean Beach.
The Ocean Beach Safety and Security Zone includes all waters of Long
Island Sound bounded by lines as follows: beginning at a position on
the shore of New London Connecticut at position 41[deg]18'31.4'' N,
072[deg]05'39.6'' W, thence running southeasterly to position
41[deg]18'29.3'' N, 072[deg]05'36.9'' W, thence running position
southwesterly to position 41[deg]18'11.8'' N, 072[deg]06'2.8'' W,
thence running northwesterly to position 41[deg]18'14.5'' N,
072[deg]06'6.1'' W, thence running northeasterly along the shore to the
point of beginning.
Entry into these zones is prohibited unless authorized by the
Captain of the Port, Long Island Sound. Any violation of the safety and
security zones described herein is punishable by,
[[Page 15586]]
among others, civil and criminal penalties, in rem liability against
the offending vessel, and license sanctions.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We expect 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. This regulation may have some
impact on the public, but the potential impact will be minimized for
the following reasons: vessels may transit in all areas of the Thames
River and Long Island Sound other than those areas covered by the
safety and security zones established herein. Vessels wishing to
transit to Fort Trumbull Marina may request permission to transit
through the Fort Trumbull and Ocean Beach Safety and Security Zones
from the Captain of the Port, Long Island Sound or their on-scene
representatives. Commercial fishing vessels wishing to operate in the
zones may request permission to enter the zones in advance of their
effective dates from the COTP, Long Island Sound. Usage of Ocean Beach
for swimming in April is extremely minimal; persons wishing to use
Ocean Beach for swimming can utilize other beaches in the New London
area. Moreover, there is no anticipated economic impact arising from
the closure of the waters off of Ocean Beach to swimming. Additionally,
there will be extensive advanced notifications made to the maritime
community via the Local Notice to Mariners, marine information
broadcasts and local area maritime committees. The safety and security
zones have been narrowly tailored to impose the least impact on
maritime interests yet provide the level of safety and protection
deemed necessary for this high visibility event.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this rule will 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: commercial vessels wishing to transit, fish or
anchor in the portions of the Thames River or Long Island Sound covered
by this rule. For the reasons outlined in the Regulatory Evaluation
section above, this rule will not have a significant impact on a
substantial number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
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).
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
The Coast Guard has analyzed this rule under Executive Order 13132,
Federalism, and has determined that this rule does not have
implications for federalism under that Order.
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 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.
Taking of Private Property
This rule will not effect 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
The Coast Guard has analyzed this under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
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 will 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. 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.
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.
[[Page 15587]]
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
The Coast Guard has considered the environmental impact of this
rule and concluded that, under figure 2-1, paragraph (34)(g) of
Commandant Instruction M16475.1D, this rule is categorically excluded
from further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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. From 12:01 a.m. on April 2, 2005 to 11:59 p.m. on April 10, 2005 add
temporary Sec. 165.T01-011 to read as follows:
Sec. 165.T01-011 Security and Safety Zone; TOPOFF 3, New London, CT.
(a) Locations. (1) Fort Trumbull Safety and Security Zone. The
following area is a safety and security zone: All waters of the Thames
River in an area bounded as follows: beginning at the end of the New
England Seafood pier at approximate position 41[deg]20'49.7'' N,
072[deg]05'41.6'' W, thence running in an easterly direction to
position 40[deg]20'50.9'' N, 072[deg]05'36.5'' W, thence in a
southeasterly direction to position 41[deg]20'43.1'' N,
072[deg]05'19.7'' W, then south to position 41[deg]20'34.9'' N,
072[deg]05'19.6'' W, thence southwesterly to a point on the western
shore of the Thames River at position, 41[deg]20'26.6'' N,
072[deg]05'38.9'' W, thence northerly along the western shore of the
Thames River to a position on the shore of the Thames River at position
41[deg]20'29.3'' N, 072[deg]05'39.7'' W, thence along the shore of the
Thames River to the point of beginning.
(2) Ocean Beach Safety and Security Zone. The following area is a
safety and security zone: All waters of Long Island Sound off of New
London, Connecticut in an area bounded as follows: beginning at a
position on the shore of New London Connecticut at position
41[deg]18'31.4'' N, 072[deg]05'39.6'' W, thence running southeasterly
to position 41[deg]18'29.3'' N, 072[deg]05'36.9'' W, thence running
position southwesterly to position 41[deg]18'11.8'' N, 072[deg]06'2.8''
W, thence running northwesterly to position 41[deg]18'14.5'' N,
072[deg]06'6.1'' W, thence running northeasterly along the shore to the
point of beginning.
(b) Effective date. This rule is effective from 12:01 a.m. on April
2, 2005 until 11:59 p.m. on April 10, 2005.
(c) Regulations. (1) In accordance with the general regulations in
165.23 and 165.33 of this part, entry into or movement within these
zones is prohibited unless authorized by the Captain of the Port
(COTP), Long Island Sound.
(2) All persons and vessels shall comply with the instructions of
the COTP, or the designated on-scene U.S. Coast Guard representative.
On-scene Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels.
Dated: March 22, 2005.
Peter J. Boynton,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 05-6143 Filed 3-24-05; 12:37 pm]
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