[Federal Register Volume 62, Number 103 (Thursday, May 29, 1997)]
[Rules and Regulations]
[Pages 29015-29016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14099]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 05-97-032]
RIN 2115-AA97


Security Zone; Elizabeth River, Norfolk, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
around the Nauticus National Maritime Center Norfolk, VA. This security 
zone will prohibit access by all unauthorized persons to all waters 
within a 100 yard radius from position 36-50.9N, 076-17.8W. The 
security zone is needed to protect U.S. Coast Guard vessels, staff and 
participants in the U.S. Coast Guard Maintenance and Logistics Command 
Atlantic Area Change of Command ceremony. Entry into this zone is 
prohibited unless authorized by the Captain of the Port Hampton Roads.

DATES: This regulation is effective from 8 a.m. to 5 p.m. May 30, 1997, 
unless sooner terminated by the Captain of The Port Hampton Roads.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Janiece 
Benjamin, Project Officer, USCG Marine Safety Office Hampton Roads, 
telephone number (757) 441-3299.

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. Publishing a NPRM and delaying its effective date 
would be contrary to the public interest since immediate action is 
needed to protect the vessels and participants involved in the U.S. 
Coast Guard Maintenance and Logistics Command, Atlantic Area Change of 
Command Ceremony.

Discussion of the Regulation.

    This temporary rule is issued to protect U.S. Coast Guard vessels, 
staff and participants in the U.S. Coast Guard Maintenance and 
Logistics Command Atlantic Area Change of Command ceremony being held 
at the Nauticus National Maritime Center, Norfolk, VA. The Coast Guard 
is establishing a 100 yard radius security zone around the maritime 
center's piers while the ceremony is conducted. This security zone will 
prohibit access by all unauthorized persons to all waters within a 100 
yard radius from position 36-50.9N, 076-17.8W. Persons or vessels 
requiring entry into or passage through the security zone must request 
authorization from the Captain of the Port.

Regulatory Evaluation

    This temporary 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 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 10(e) of the regulatory policies and 
procedures of DOT is unnecessary.

Collection of Information

    This rule contains no collection of information requirements under 
the 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.

List of Subjects in 33 CFR Part 165

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

Regulation

    For the reasons set out 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; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5.; 49 CFR 1.46.

    2. A new temporary Sec. 165.T05-032 is added to read as follows:


Sec. 165.T05-032   Security Zone: Elizabeth River, Norfolk, Virginia.

    (a) Location: The following area is a security zone: All waters 
within a 100 yard radius from position 36-50.9N, 076-17.8W on the 
Elizabeth River at the Nauticus National Maritime Center, Norfolk, 
Virginia, during the U.S. Coast Guard Maintenance and Logistics Command 
Atlantic Area Change of Command Ceremony.

[DATUM NAD 1983]
    (b) Captain of the Port means the Commanding Officer of the Marine 
Safety Office Hampton Roads, Norfolk, VA or any Coast Guard 
commissioned, warrant, or petty officer who has been authorized by the 
Captain of the Port to act on his behalf.
    (c) (1) In accordance with the general regulations in Secs. 165.33 
and 165.501 of this part, entry into this zone is prohibited unless 
authorized by the

[[Page 29016]]

Captain of the Port. The general requirements of Secs. 165.33 and 
165.501 also apply to this regulation.
    (2) Persons or vessels requiring entry into or passage through the 
security zone must request authorization from the Captain of the Port. 
The Coast Guard vessels enforcing the security zone can be contacted on 
VHF Marine Band Radio, channels 13 and 16. The Captain of the Port can 
be contacted at telephone number (757) 484-8192.
    (d) The Captain of the Port 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: May 15, 1997.
D.A. Sande,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 97-14099 Filed 5-28-97; 8:45 am]
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