[Federal Register Volume 72, Number 99 (Wednesday, May 23, 2007)]
[Rules and Regulations]
[Pages 28864-28866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9946]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-07-049]
RIN 1625-AA87


Security Zone: Coast Guard Academy Commencement, New London, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary security zone for 
the 2007 Coast Guard Academy Commencement Ceremony on Wednesday May 23, 
2007. This zone will provide security in the waters of the Thames River 
adjacent to the Coast Guard Academy, New London, Connecticut during the 
2007 Commencement Exercises. This temporary security zone is necessary 
to protect senior government officials, dignitaries, participants and 
guests attending the Commencement, members of the general public, and 
the surrounding area from sabotage or other subversive acts, accidents, 
or other hazards of a similar nature. Entry into this security zone is 
prohibited unless authorized by the Captain of the Port, Long Island 
Sound, New Haven, Connecticut.

DATES: This rule is effective from 10 a.m. until 3 p.m. on May 23, 
2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD01-07-049 and are available for 
inspection or copying at Sector Long Island Sound between 9 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Douglas Miller, Waterways 
Management Division, Sector Long Island Sound at (203) 468-4596.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The security zone was 
requested by the U.S. Secret Service for the Commencement Exercises as 
the attendance of several senior level government officials and other 
dignitaries, combined with the nature of and location of the 
Ceremonies, presents a target for terrorist activity. The sensitive and 
unpredictable schedules of several of the Commencement Ceremony 
attendees precluded sufficient notice to the Coast Guard that a 
security zone would be necessary.
    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. The delay in notification of the 
need for the security zone left insufficient time to publish a notice 
of proposed rulemaking in advance of the effective date of this 
security zone. The delay in notification also does not allow 30 days 
between publication of the rule and its effective date. Making this 
rule effective less than 30 days after publication is necessary as this 
immediate action is needed to protect the senior government officials 
and dignitaries attending Commencement exercises, other participants 
and guests to the Coast Guard Academy Commencement, and the surrounding 
community from sabotage or other subversive acts, accidents, or other 
hazards of a similar nature.

Background and Purpose

    Several senior United States government officials and other

[[Page 28865]]

dignitaries will be attending the Coast Guard Academy Commencement 
Exercises. The attendance of these individuals along with the military 
nature of the Ceremonies and anticipated national media coverage make 
this event a potential target for sabotage, subversive acts, or other 
terrorist activity. Coast Guard Academy Commencement Ceremonies are 
scheduled for Wednesday, May 23, 2007, from 11 a.m. to 2 p.m.

Discussion of Rule

    The Coast Guard is establishing a security zone in the vicinity of 
the Coast Guard Academy for 2007 Commencement Exercises. This security 
zone encompasses all navigable waters of the Thames River within a 500-
yard radius of Jacobs Rock, located at approximate position 
41[deg]22''23' N, 072[deg]05''39' W. The security zone will not 
encompass the navigable channel in the Thames River therefore 
commercial traffic will be able to pass unimpeded. This security zone 
will be enforced from 10 a.m., one hour prior to the start of 
Commencement Exercises, and will be effective until 3 p.m. The 
enforcement period of this zone will be broadcast to the maritime 
community immediately prior to its enforcement via broadcast notice to 
mariners. All coordinates are in North American Datum 1983 (NAD 1983).
    This temporary security zone is necessary to protect senior U.S. 
Government officials and dignitaries attending Coast Guard Academy 
Commencement, other participants and guests, members of the public and 
the surrounding area from sabotage, terrorist or other subversive acts, 
accidents, or other hazards of a similar nature. Entry into this zone 
is prohibited unless authorized by the Captain of the Port, Long Island 
Sound.
    Any violation of the security zone described herein is punishable 
by, 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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. This regulation may have 
some impact on the public, but these potential impacts will be 
minimized for the following reasons: the zone is only for a temporary 
period of not more than 5 hours and will be enforced for the minimum 
period necessary to ensure the security of the Coast Guard Academy 
Commencement Exercises; the Federal navigation channel in the Thames 
River parallel to the Coast Guard Academy will be open to commercial 
and recreational traffic during the enforcement period; and, vessels 
may transit in all other areas of the Thames River not included in the 
security zone at all times.

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 
would not have a significant economic impact on a substantial number of 
small entities. This rule will affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to transit or anchor in those portions of the Thames River 
covered by the security zone from 10 a.m. to 3 p.m. on May 23, 2007.
    In addition to the reasons outlined in the Regulatory Evaluation 
section above, this safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. The rule will be in effect for a maximum of 5 hours on a week 
day when recreational and small vessel traffic is expected to be 
minimal. Vessel traffic, both recreational and commercial, can pass 
safely around the security zone. Before the security zone is effective, 
the Coast Guard will issue maritime advisories widely available to 
users of this area of the Thames River.

Assistance for Small Entities

    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 so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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 Lieutenant Doug Miller, 
Waterways Management Division, Sector Long Island Sound, at (203) 468-
4596.
    Small business 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 
(1-888-737-3247). 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 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.

[[Page 28866]]

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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Government

    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 Commandant Instruction M16475.1D 
and Department of Homeland Security Management Directive 5100.0, 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 there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. This rule falls under the provisions of paragraph 
(34)(g) because the rule is established in response to an emergency 
situation and will be in effect for less than one week in duration.
    Under figure 2-1, paragraph (34)(g), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

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, 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. Add temporary Sec.  165.T01-049 to read as follows:


Sec.  165.T01-049  Security Zone: 2007 Coast Guard Academy 
Commencement, New London, CT.

    (a) Location. The following area is a security zone: All navigable 
waters of the Thames River in a 500-yard radius from Jacobs Rock, 
approximate position 41[deg]22''23' N., 072[deg]05''39' W. All 
coordinates are North American Datum 1983.
    (b) Regulations. (1) Entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Long Island Sound.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number 203-468-4404 or on 
VHF channel 16 (156.8 MHz) to seek permission to transit the area. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his or her designated 
representative.
    (c) Enforcement period. This section will be enforced from 10 a.m. 
until 3 p.m. on Wednesday May 23, 2007.

    Dated: May 14, 2007.
Peter J. Boynton,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. E7-9946 Filed 5-22-07; 8:45 am]
BILLING CODE 4910-15-P