[Federal Register Volume 60, Number 161 (Monday, August 21, 1995)]
[Rules and Regulations]
[Pages 43372-43373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20614]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD 05-95-051]


Anchorage Grounds; James River, Newport News Channel, Chesapeake 
Bay, Hampton Roads, VA; Safety Zone; James River, Newport News Channel, 
Chesapeake Bay, Hampton Roads, VA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around 
barges laying electric cable perpendicular to the Hampton Roads 
Entrance Reach off Sewells Point Spit, and is temporarily suspending 
several anchorage grounds in the vicinity of this project. The safety 
zone is needed to ensure the safety of mariners operating in the 
vicinity and to ensure the safety of all personnel involved with the 
deployment of the cable. Anchorages G-4, F-1, and F-2 in the Hampton 
Roads Entrance Reach will be suspended from August 18, 1995 to August 
21, 1995. The suspension of these anchorages is necessary to provide an 
alternate route for marine traffic while the Hampton Roads Entrance 
Reach is closed during the laying of the cable.

EFFECTIVE DATES: The safety zone will become effective at 5 a.m. on 
August 17, 1995, and terminate at 8 p.m. August 30, 1995, unless sooner 
terminated by the Captain of the Port, Hampton Roads, Virginia. The 
suspension of anchorages G-4, F-1, and F-2 will become effective at 5 
a.m. on August 18, 1995, and terminate at 12 a.m. on August 21, 1995.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Katherine Weathers, Project Officer, USCG Marine Safety 
Office Hampton Roads, telephone number (804) 441-3294.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of 
Proposed Rule Making (NPRM) was not published for this rule and good 
cause exists for making it effective less than 30 days after Federal 
Register publication. The laying of the cable is an operational 
necessity for the Navy and will begin as scheduled. The cable laying 
operation will create a condition which is hazardous both to the work 
barges and to vessels operating in their vicinity. The Coast Guard's 
decision to establish a safety zone around the work barges and to 
suspend anchorages G-4, F-1, and F-2 in order to provide an alternate 
route to vessel traffic was reached after consultation with the local 
maritime community, and is designed to minimize both the impact of the 
project on that community and the hazards created by the cable laying 
operation.

Drafting Information

    The drafters of this regulation are Lieutenant Katherine Weathers, 
Chief, Port Safety Branch, Marine Safety Office Hampton Roads, and 
Lieutenant A. J. Norris, project attorney, Fifth Coast Guard District 
Legal Staff.

Background and Purpose

    The U.S. Navy, Naval Sea Systems Command, has contracted The Johns 
Hopkins University Applied Physics Laboratory to develop and install 
the UEP monitoring array at the Norfolk Magnetic Silencing Facility 
(MSF). The project will consist of a Spud Barge, which will be 
positioned close to shore north of Sewells Point Spit during the entire 
operation, and a Derrick Barge, which will be the primary work barge 
positioned at different points during the operation. The Derrick Barge 
will be connected to the Spud Barge via a floating cable, which will be 
stretched across the Hampton Roads Entrance Reach during parts of the 
operation.
    On August 17, the Hampton Roads Entrance Reach will not be affected 
by the project; however, the safety zone will be in effect to protect 
the work barges and mariners in the vicinity. On August 18, the Derrick 
Barge will begin to move away from the Spud Barge into the Hampton 
Roads Entrance Reach, which will be blocked by the Derrick Barge and 
the floating cable. By August 20, the entire channel will be blocked by 
the floating cable which will be stretched between the Spud Barge 
located near shore and the Derrick Barge positioned outside the inbound 
channel of the Hampton Roads Entrance Reach.
    The suspended anchorages, G-4, F-1, and F-2, will provide an 
alternate route for inbound and outbound marine traffic while also 
providing the water depth necessary for commercial vessels drawing less 
than 45 feet to move unimpeded in the Hampton Roads area. The Coast 
Guard, in consultation with the local maritime industry, determined 
that suspension of the anchorages during the three days the channel 
will be closed to traffic was the most effective way of ensuring vessel 
safety while at the same time minimizing the impact on commerce.
Discussion of the Regulation

    The Coast Guard is establishing a 750 yard radius safety zone 
around the Spud Barge and connected Derrick Barge ``Sea Hawk'' while 
these barges participate in the deployment of a UEP monitoring array 
beneath the bed of the Hampton Roads Entrance Reach off Sewells Point 
Spit. The moving safety zone will be in effect from August 17, 1995 to 
August 30, 1995 unless terminated sooner by the District Commander. 
This safety zone will limit access by all unauthorized persons within 
750 yards of the Spud Barge, Derrick Barge, and connecting cable during 
this operation. A moving safety zone is necessary to protect both the 
vessels involved with the project and those operating in the project's 
vicinity from a collision with each other or with the cable that will 
be stretched between the two barges participating in the project.
    The Coast Guard will be suspending anchorages G-4, F-1, F-2 from 5 
a.m. on August 18, 1995 until 12 a.m. on August 21, 1995 in order to 
provide an alternate route for vessel traffic while the Hampton Roads 
Entrance Reach is blocked during the cable laying operation. Deep draft 
vessels, which are those vessels with a draft greater than 45 feet, 
will be allowed to transit through the channel during the entire 
operation. Arrangements for the passage of deep draft vessels will be 
made via telephone or VHF communications.

Regualtory 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. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 

[[Page 43373]]
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.

Collection of Information

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

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that it 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under section 2.B.2.e(34) of Commandant Instruction 
M16475.1B (as revised by 59 FR 38654; July 29, 1994), this rule is 
categorically excluded from further environmental documentation. An 
Environmental Analysis Checklist and a Categorical Exclusion 
Determination Statement regarding the temporary safety zone are being 
prepared and will be placed in the rulemaking docket.
List of Subjects

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 165

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

Regulation

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 110 and 33 CFR part 165 as follows:

PART 110--[AMENDED]

    1. The authority citation for part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 2030, 2035 and 2071; 49 CFR 1.46 and 
33 CFR 1.05-1(g). Section 110.1a and each section listed in 110.1a 
is also issued under 33 U.S.C. 1223 and 1231.


Sec. 110.168  [Amended]

    2. In Sec. 110.168, paragraphs (a)(3)(i)(A), (a)(3)(i)(B), and 
(a)(3)(ii)(D) are suspended from 5 a.m. on August 18, 1995 until 12 
a.m. on August 21, 1995.

PART 165--[AMENDED]

    3. 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.

    4. A new temporary Sec. 165.T05-051 is added to read as follows:


Sec. 165.T05-051  Safety Zone: James River, Elizabeth River, Chesapeake 
Bay, Port of Hampton Roads, VA.

    (a) Location. The following area is a moving safety zone: All 
waters within a 750 yard radius of the Spud Barge, the Derrick Barge 
``Sea Hawk'', and their connecting floating cable during the deployment 
and burial of the UEP monitoring array beneath the bed of Hampton Roads 
Entrance Reach. The Spud Barge will be located approximately 400 feet 
southeast of the Hampton Roads outgoing channel boundary off of Sewells 
Point Spit, and the Derrick Barge ``Sea Hawk'' will be in various 
locations around the Hampton Roads Entrance Reach during the evolution.
    (b) Effective date. This section is effective from 5 a.m. on August 
17, 1995 to 8 p.m., August 30, 1995, unless sooner terminated by the 
District Commander.
    (c) Definitions. Designated representative of the District 
Commander means any Coast Guard commissioned, warrant, or petty officer 
who has been authorized by the Commander of the Fifth Coast Guard 
District to act on his behalf. District Commander means the Commander 
of the Fifth Coast Guard District, Portsmouth, VA.
    (d) Regulations. (1) In accordance with the general regulations in 
section 165.23 and 165.501 of this part, entry into this zone is 
prohibited unless authorized by the District Commander or his 
designated representative. The general requirements of section 165.23 
and 165.501 also apply to this regulation.
    (2) Persons or vessels requiring entry into or passage through the 
safety zone must first request authorization from the District 
Commander or his designated representative. The Coast Guard vessels 
enforcing the safety zone can be contacted on VHF Marine Band Radio, 
channels 13 and 16. The District Commander's representative at the 
Marine Safety Office, Hampton Roads, VA, can be contacted at telephone 
number (804) 441-3314.
    (e) The District Commander will notify the public of changes in the 
status of this zone by Marine Safety Radio Broadcast on VHF Marine Band 
Radio, Channel 22 (157.1 MHz).

    Dated: August 8, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Fifth Coast Guard District.
[FR Doc. 95-20614 Filed 8-18-95; 8:45 am]
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