81 FR 17120 - Security Zone, Escorted Vessels; Sector Long Island Sound Captain of the Port Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 59 (March 28, 2016)

Page Range		17120-17121
FR Document		2016-06911

The Coast Guard proposes to establish a permanent security zone within Coast Guard Sector Long Island Sound's Captain of the Port (COTP) Zone on the waters in the vicinity of escorted vessels. This security zone would be enforced around any escorted vessel in the Sector Long Island Sound COTP Zone in order to protect the vessel and the public from destruction, loss, or injury from sabotage, subversive acts, or other malicious acts of a similar nature. We invite your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 59 (Monday, March 28, 2016)

[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Proposed Rules]
[Pages 17120-17121]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06911]



[[Page 17120]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0944]
RIN 1625-AA87


Security Zone, Escorted Vessels; Sector Long Island Sound Captain 
of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent security 
zone within Coast Guard Sector Long Island Sound's Captain of the Port 
(COTP) Zone on the waters in the vicinity of escorted vessels. This 
security zone would be enforced around any escorted vessel in the 
Sector Long Island Sound COTP Zone in order to protect the vessel and 
the public from destruction, loss, or injury from sabotage, subversive 
acts, or other malicious acts of a similar nature. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 27, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0944 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Chief Petty Officer Ian M. Fallon, 
U.S. Coast Guard Waterways Management Division Sector Long Island 
Sound; telephone (203) 468-4565, or email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On occasion, the Sector Long Island Sound Captain of the Port 
(COTP) Zone has vessels enter its zone that require the implementation 
of heightened security measures for the protection of the vessel and 
the public.
    The purpose of this rulemaking to protect the vessel and the public 
from destruction, loss, or injury from sabotage, subversive acts, or 
other malicious acts of a similar nature.
    The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a security zone in all navigable 
waters within the Sector Long Island Sound COTP Zone, extending from 
the surface to the bottom, within a 500-yard radius of any escorted 
vessel.
    While this security zone is being enforced, no person or vessel 
would be allowed to enter or remain in it without the permission of the 
COTP or the designated representative.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders Executive Orders related to rulemaking. Below we 
summarize our analyses based on a number of these statutes and 
Executive Orders, 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 NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    The Coast Guard determined that this rulemaking would not be a 
significant regulatory action for the following reasons: The security 
zone area covers only a small portion of the navigable waterways, 
waterway users may transit around the area, and mariners may request 
permission from the COTP Sector Long Island Sound or the designated 
representative to transit the 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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 
section. 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 proposed rule would 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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or

[[Page 17121]]

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 
proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under 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 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination 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 proposed rule involves 
establishing a security zone and maybe categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of Commandant 
Instruction M16475.lD. A preliminary environmental analysis checklist 
supporting this is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREA AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  in 33 U.S.C., 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 
6.04-1, 6.04-6, 160.5; and Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.155 to read as follows:


Sec.  165.155  Security Zone, Escorted Vessels, Sector Long Island 
Sound Captain of the Port Zone.

    (a) Location. The following areas are security zones: All navigable 
waters within the Sector Long Island Sound Captain of the Port (COTP) 
Zone, extending from the surface to the bottom, within a 500-yard 
radius of any escorted vessel.
    (b) Definitions. The following definitions apply to this section:
    (1) Escorted Vessel. ``Escorted vessel'' as used in this section 
means any vessels deemed to be in need of escort protection by the COTP 
for security reasons.
    (2) Designated Representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the Coast 
Guard who has been designated by the COTP to act on his or her behalf. 
The designated representative may be on an official patrol vessel or 
may be on shore and will communicate with vessels via VHF-FM radio or 
loudhailer. In addition, members of the Coast Guard Auxiliary may be 
present to inform vessel operators of this regulation.
    (3) Official Patrol Vessels. ``Official patrol vessels'' may 
consist of any Coast Guard, Coast Guard Auxiliary, state, or local law 
enforcement vessels assigned or approved by the COTP.
    (c) Regulations. (1) In accordance with the general regulations 
contained in Sec.  165.33 of this part, entry into or movement within 
this zone is prohibited unless previously authorized by the COTP, 
Sector Long Island Sound or his designated representative.
    (2) All persons and vessels must comply with the instructions of 
the COTP or the designated representative.
    (3) No person may swim upon or below the surface of the water of 
this security zone unless previously authorized by the COTP or his 
designated representative.
    (4) Upon being hailed by an official patrol vessel or the 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed. Failure to 
comply with a lawful direction may result in expulsion from the area, 
citation for failure to comply, or both.

    Dated: March 8, 2016.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2016-06911 Filed 3-25-16; 8:45 am]
 BILLING CODE 9110-04-P

17120 Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Proposed Rules

DEPARTMENT OF HOMELAND The purpose of this rulemaking to that are independently owned and
SECURITY protect the vessel and the public from operated and are not dominant in their
destruction, loss, or injury from fields, and governmental jurisdictions
Coast Guard sabotage, subversive acts, or other with populations of less than 50,000.
malicious acts of a similar nature. The Coast Guard certifies under 5 U.S.C.
33 CFR Part 165 The Coast Guard proposes this 605(b) that this proposed rule would not
[Docket Number USCG–2014–0944]
rulemaking under authority in 33 U.S.C. have a significant economic impact on
1231. a substantial number of small entities.
RIN 1625–AA87 While some owners or operators of
III. Discussion of Proposed Rule vessels intending to transit the security
Security Zone, Escorted Vessels; The COTP proposes to establish a zone may be small entities, for the
Sector Long Island Sound Captain of security zone in all navigable waters reasons stated in section IV.A above this
the Port Zone within the Sector Long Island Sound proposed rule would not have a
AGENCY: Coast Guard, DHS. COTP Zone, extending from the surface significant economic impact on any
to the bottom, within a 500-yard radius vessel owner or operator.
ACTION: Notice of proposed rulemaking.
of any escorted vessel. If you think that your business,
SUMMARY: The Coast Guard proposes to While this security zone is being organization, or governmental
establish a permanent security zone enforced, no person or vessel would be jurisdiction qualifies as a small entity
within Coast Guard Sector Long Island allowed to enter or remain in it without and that this rule would have a
Sound’s Captain of the Port (COTP) the permission of the COTP or the significant economic impact on it,
Zone on the waters in the vicinity of designated representative. please submit a comment (see
escorted vessels. This security zone ADDRESSES) explaining why you think it
IV. Regulatory Analyses
would be enforced around any escorted qualifies and how and to what degree
vessel in the Sector Long Island Sound We developed this proposed rule after this rule would economically affect it.
COTP Zone in order to protect the considering numerous statutes and Under section 213(a) of the Small
vessel and the public from destruction, executive orders Executive Orders Business Regulatory Enforcement
loss, or injury from sabotage, subversive related to rulemaking. Below we Fairness Act of 1996 (Pub. L. 104–121),
acts, or other malicious acts of a similar summarize our analyses based on a we want to assist small entities in
nature. We invite your comments on number of these statutes and Executive understanding this proposed rule. If the
this proposed rulemaking. Orders, and we discuss First rule would affect your small business,
Amendment rights of protestors. organization, or governmental
DATES: Comments and related material
must be received by the Coast Guard on A. Regulatory Planning and Review jurisdiction and you have questions
or before May 27, 2016. concerning its provisions or options for
Executive Orders 12866 and 13563 compliance, please contact the person
ADDRESSES: You may submit comments direct agencies to assess the costs and listed in the FOR FURTHER INFORMATION
identified by docket number USCG– benefits of available regulatory CONTACT section. The Coast Guard will
2014–0944 using the Federal alternatives and, if regulation is not retaliate against small entities that
eRulemaking Portal at http:// necessary, to select regulatory question or complain about this
www.regulations.gov. See the ‘‘Public approaches that maximize net benefits. proposed rule or any policy or action of
Participation and Request for Executive Order 13563 emphasizes the the Coast Guard.
Comments’’ portion of the importance of quantifying both costs
SUPPLEMENTARY INFORMATION section for and benefits, of reducing costs, of C. Collection of Information
further instructions on submitting harmonizing rules, and of promoting This proposed rule would not call for
comments. flexibility. This NPRM has not been a new collection of information under
FOR FURTHER INFORMATION CONTACT: If designated a ‘‘significant regulatory the Paperwork Reduction Act of 1995
you have questions about this proposed action,’’ under Executive Order 12866. (44 U.S.C. 3501–3520).
rulemaking, call or email Chief Petty Accordingly, the NPRM has not been
reviewed by the Office of Management D. Federalism and Indian Tribal
Officer Ian M. Fallon, U.S. Coast Guard Governments
Waterways Management Division Sector and Budget.
Long Island Sound; telephone (203) The Coast Guard determined that this A rule has implications for federalism
468–4565, or email Ian.M.Fallon@ rulemaking would not be a significant under Executive Order 13132,
uscg.mil. regulatory action for the following Federalism, if it has a substantial direct
reasons: The security zone area covers effect on the States, on the relationship
SUPPLEMENTARY INFORMATION:
only a small portion of the navigable between the national government and
I. Table of Abbreviations waterways, waterway users may transit the States, or on the distribution of
around the area, and mariners may power and responsibilities among the
CFR Code of Federal Regulations
DHS Department of Homeland Security request permission from the COTP various levels of government. We have
NPRM Notice of proposed rulemaking Sector Long Island Sound or the analyzed this proposed rule under that
§ Section designated representative to transit the Order and have determined that it is
U.S.C. United States Code zone. consistent with the fundamental
federalism principles and preemption
II. Background, Purpose, and Legal B. Impact on Small Entities
Lhorne on DSK5TPTVN1PROD with PROPOSALS

requirements described in Executive
Basis The Regulatory Flexibility Act of Order 13132.
On occasion, the Sector Long Island 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have
Sound Captain of the Port (COTP) Zone requires Federal agencies to consider tribal implications under Executive
has vessels enter its zone that require the potential impact of regulations on Order 13175, Consultation and
the implementation of heightened small entities during rulemaking. The Coordination with Indian Tribal
security measures for the protection of term ‘‘small entities’’ comprises small Governments, because it would not have
the vessel and the public. businesses, not-for-profit organizations a substantial direct effect on one or

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Document Created: 2016-03-26 00:12:50
Document Modified: 2016-03-26 00:12:50

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before May 27, 2016.
Contact		If you have questions about this proposed rulemaking, call or email Chief Petty Officer Ian M. Fallon, U.S. Coast Guard Waterways Management Division Sector Long Island Sound; telephone (203) 468-4565, or email [email protected]
FR Citation		81 FR 17120
RIN Number		1625-AA87
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 17120 - Security Zone, Escorted Vessels; Sector Long Island Sound Captain of the Port Zone

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 59 (March 28, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard