[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Rules and Regulations]
[Pages 51781-51782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26337]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-97-104]
RIN 2115-AA97


Security Zone Regulations: New London Harbor, CT

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is disestablishing two of four existing 
security zones in the Thames River, New London, Connecticut. Security 
Zone A and Security Zone D are being disestablished as these zones were 
used to safeguard moored Navy vessels which no longer moor at the 
facilities in these areas. The two remaining security zones, Security 
Zone B and Security Zone C shall remain in effect and will be renamed 
Security Zones A and B respectively.

DATES: This final rule is effective October 3, 1997.

ADDRESSES: Documents relating to this final rule are available for 
inspection

[[Page 51782]]

and copying at U.S. Coast Guard Marine Safety Office Long Island Sound, 
120 Woodward Avenue, New Haven, CT 06512. Normal office hours are 
between 8:00 a.m. and 4:00 p.m., Monday through Friday, except 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander T. J. Walker, 
Chief of Port Operations, Coast Guard Marine Safety Office, Long Island 
Sound at (203) 468-4444.

SUPPLEMENTARY INFORMATION:

Regulatory History

    This rule is being published as a final rule and is being made 
effective on the date of publication. Pursuant to 5 U.S.C. 553, good 
cause exists for promulgating this rule without a notice of proposed 
rulemaking (NPRM) and for making this rule effective less than 30 days 
after publication in the Federal Register. The facilities located in 
the areas protected under the disestablished security zones are no 
longer used by the Navy to moor vessels and therefore the security 
zones are of no further use. No purpose is served by restricting the 
boating public's access to the facilities and surrounding waters for a 
longer period of time due to delays associated with the normal 
rulemaking process. No adverse effects upon local commerce and/or 
public conveyances is expected under the proposed regulation changes. 
For these reasons, the Coast Guard finds good cause, under 5 U.S.C. 
553, that notice, and public procedure on the notice, before the 
effective date of this rule are unnecessary and that this rule should 
be made effective in less than 30 days after publication.

Background and Purpose

    Pursuant to consultations with the US Navy and the State of 
Connecticut, this final rule will remove two existing security zones on 
the Thames River, New London, Connecticut. Security Zone A, (33 CFR 
165.140(a)(1)) restricted access to the waters surrounding the New 
London State Pier. Security Zone D, (33 CFR 165.140(a)(4)), restricted 
access to the waters surrounding the former Naval Underwater Warfare 
Center. These zones were used to safeguard Navy vessels moored at these 
facilities. The facilities mentioned above are no longer used by the 
Navy. The Navy stopped using the State Pier in 1992 and decommissioned 
the Naval Underwater Warfare Center in 1996. Therefore, these security 
zones are no longer necessary.
    Security Zone B, (33 CFR 165.140(a)(2)), restricting access to the 
waters surrounding General Dynamics' Electric Boat facility and 
Security Zone C, (33 CFR 165.140(a)(3)) restricting access to the 
waters surrounding the Naval Submarine Base shall remain in effect.

Regulatory Evaluation

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order.
    It has not been reviewed by the Office of Management and Budget 
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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. 
For the reasons stated in the Regulatory History, the Coast Guard 
expects the economic impact of this regulation to be minimal

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule will have a significant impact 
upon a substantial number of small entities. Small entities include 
small businesses, not-for-profit organizations that are independently 
owned and operated and are not dominant in their fields, and 
governmental jurisdictions with populations less than 50,000. For the 
reasons addressed under the Regulatory History above, the Coast Guard 
finds that this rule will not have a significant impact on a 
substantial number of small entities.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rulemaking does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
rule and concluded that under section 2.B.2.e. of Commandant 
Instruction M16475.1B, as revised by 59 FR 38654, July 29, 1994, this 
rule is categorically excluded from further environmental 
documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (waters), Reporting and 
Recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR Part 165 as follows:

PART 165--[AMENDED]

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 49 CFR 1.46 and 33 CFR 
1.05-1(g), 6.04-1, 6.04-6, and 160.50.


Sec. 165.140  [Amended]

    2. Section 165.140 is amended as follows:
    a. Remove paragraph (a)(1).
    b. Remove paragraph (a)(4).
    c. Redesignate paragraphs (a)(2) and (a)(3) as (a)(1) and (a)(2).
    d. In the new paragraph (a)(1), and remove the words ``Security 
Zone B'' and add, in their place, the words ``Security Zone A''.
    e. In the new paragraph (a)(2), remove the words ``Security Zone 
C'' and add, in their place, the words ``Security Zone B''.
    f. In paragraph (b) remove the words ``SECURITY ZONES A or B'' and 
replace them with the words ``SECURITY ZONE A'', and remove the words 
``SECURITY ZONE B'' and replace them with ``SECURITY ZONE A''.

    Dated: September 16, 1997.
P.K. Mitchell,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 97-26337 Filed 10-2-97; 8:45 am]
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