[Federal Register Volume 66, Number 100 (Wednesday, May 23, 2001)]
[Rules and Regulations]
[Pages 28372-28374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12977]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-063]
RIN 2115-AA97


Safety and Security Zones: USS Samuel Eliot Morison Port Visit, 
Newport, RI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety and security 
zones off the coast of Newport Naval Station, Newport, Rhode Island, 
during the port visit of the USS SAMUEL ELIOT MORISON to the Newport 
Naval Station, Newport, Rhode Island. The safety and security zone are 
needed to safeguard the public, the area encompassing Coddington Cove 
and the USS SAMUEL ELIOT MORISON and her crew from sabotage or other 
subversive acts, accidents, or other causes of a similar nature. Entry 
into these zones is prohibited unless authorized by the Captain of the 
Port, Providence, Rhode Island or his authorized patrol representative.

DATES: This rule is effective from 6 a.m., Monday, May 21, 2001, to 12 
midnight on Friday, May 25, 2001.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection and copying at Marine Safety Office Providence, 20 Risho 
Avenue, East Providence, Rhode Island between the hours of 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Casey L. Chmielewski at Marine 
Safety Office Providence, (401) 435-2335.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for making it 
effective less than 30 days after Federal Register publication. Good 
cause exists for not publishing a NPRM for this regulation. Due to the 
sensitive and unpredictable nature of the USS SAMUEL ELIOT MORISON's 
schedule, the Coast Guard received insufficient notice to publish 
proposed rules in advance of the event. Any delay encountered in this 
regulation's effective date would be contrary to public interest since 
immediate action is needed to protect the USS SAMUEL ELIOT MORISON, her 
crew, the public and the area adjoining Coddington Cove.

Background and Purpose

    From May 21, 2001, to May 25, 2001, the USS SAMUEL ELIOT MORISON 
will be berthed at Pier 2 on the Newport Naval Station, Newport, RI. 
Pier 2 is located within Coddington Cove, along the East Passage of 
Narragansett Bay. The safety and security zones are needed to protect 
the USS SAMUEL ELIOT MORISON, her crew and the public from harmful or 
subversive acts, accidents or other causes of a similar nature in the 
vicinity of Coddington Cove. The safety and security zones have 
identical boundaries. All persons, other than those approved by the 
Captain of the Port or his authorized patrol representative will be 
prohibited from the zones. The zones encompass the area within a line 
drawn from the western most edge of the chartered breakwater to the 
western most edge of Pier 1. The public will be made aware of the 
safety and security zones through a Broadcast Notice to Mariners made 
from U.S. Coast Guard Group Woods Hole. U.S. Navy personnel will assist 
in the enforcement of these zones.

Regulatory Evaluation

    This 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. 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 Transportation (DOT) (44 FR 11040; February 26, 
1979). The sizes of the zones are the minimum necessary to provide 
adequate protection for the USS SAMUEL ELIOT MORISON, her crew, 
adjoining areas, and the public. The entities most likely to be 
affected are lobstermen engaged in setting and retrieving pots and 
pleasure craft engaged in recreational activities and sightseeing. 
These individuals and vessels have ample space outside of the safety 
and security zones to engage in these activities and therefore they 
will not be subject to undue hardship. Commercial vessels, excluding 
lobstermen, do not normally transit the area of the safety and security 
zones. Any lobstermen who have gear deployed within the safety and 
security

[[Page 28373]]

zones, may request permission from the COTP or his authorized patrol 
representative to enter the zones to retrieve their gear. Any hardships 
experienced by persons or vessels are considered minimal compared to 
the national interest in protecting the USS SAMUEL ELIOT MORISON and 
the public.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we 
considered whether this proposal will have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses and 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 section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule 
will 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 into Coddington Cove from May 21, 2001 to May 25, 
2001. The safety and security zones will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. Vessel traffic can pass safely around the area and 
only a small number of commercial fishing vessels operate in the area. 
Vessels engaged in recreational activities, sightseeing and commercial 
fishing have ample space outside of the safety and security zones to 
engage in these activities. Before the effective period, we will issue 
maritime advisories widely available to users of the area.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Public Law 104-121), the Coast Guard 
wants to assist small entities in understanding this final rule so that 
they can better evaluate its effects on them and participate in the 
rulemaking. If your small business or organization would be affected by 
this final rule and you have questions concerning its provisions or 
options for compliance, please call LT Casey Chmielewski, telephone 
(401) 435-2335. 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 
comments 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 collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    We have analyzed this action under Executive Order 13132, and have 
determined that this rule does not have federalism implications under 
that order.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

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

    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 concern 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. A 
rule with tribal implications has a substantial direct effect on one or 
more Indian tribe, 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.

Environment

    The Coast Guard considered the environmental impact of these 
regulations and concluded that under Figure 2-1, paragraph 34(g) of 
Commandant Instruction M16475.1C, this rule is categorically excluded 
from further environmental documentation. A written Categorical 
Exclusion Determination is available in the docket for inspection or 
copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:
    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T01-063 to read as follows:


Sec. 165.T01-063  Safety and Security Zones: USS SAMUEL ELIOT MORISON 
Port Visit; Newport, RI.

    (a) Location. The following area has been declared both a safety 
zone and a security zone: From a point beginning on land at Latitude 41 
degrees 32'13" N, Longitude 071 degrees 18'43" W; thence westward along 
the breakwater to a point on the breakwater at Latitude 41 degrees 
31'58" N, Longitude 071 degrees 19'28" W; thence southeasterly 1100 
yards to a point on the end of Pier 1 at Latitude 41 degrees 31'38" N, 
Longitude 071 degrees 19'06" W; thence east to a point on land at 
Latitude 41 degrees 31'43" N, Longitude 071 degrees 18'47" W; thence 
north along the shoreline to the beginning point.
    (b) Effective date. This rule is effective from 6 a.m. on Monday 
May 21, 2001, until 12 midnight on Friday, May 25, 2001.
    (c) Regulations.
    (1) In accordance with the general regulations in Secs. 165.23 and 
165.33 of this part, entry into or movement within these zones is 
prohibited unless authorized by the COTP Providence or his authorized 
patrol representative.
    (2) No person may swim upon or below the surface of the water 
within the boundaries of the safety and security zones.

[[Page 28374]]

    (3) All persons and vessels shall comply with the instructions of 
the COTP, the designated on-scene U.S. Coast Guard or Navy patrol 
personnel. U.S. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the U.S. Coast Guard. Navy patrol 
personnel include commissioned, warrant, and petty officers of the U.S. 
Navy.
    (4) The general regulations covering safety and security zones in 
Secs. 165.23 and 165.33, respectively, of this part apply.

    Dated: May 10, 2001.
Mark G. VanHaverbeke,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-12977 Filed 5-22-01; 8:45 am]
BILLING CODE 4910-15-U