[Federal Register Volume 67, Number 111 (Monday, June 10, 2002)]
[Rules and Regulations]
[Pages 39600-39602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14521]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-02-033]
RIN 2115-AA97


Safety Zone; Chesapeake Bay, Hampton Roads, James River, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
encompassing the M/V DEL MONTE, while conducting explosive exercises. 
This action is intended to restrict vessel traffic on James River 
within a 1500-foot radius of the vessel. The safety zone is necessary 
to protect mariners from the hazards associated with the exercises 
being conducted. Entry into this zone is prohibited unless authorized 
by the Captain of the Port Hampton Roads or his designated 
representative.

DATES: This temporary final rule is effective from 8:30 a.m. (local 
time), on June 3, 2002 to 4 p.m. (local time), on June 21, 2002.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at USCG Marine Safety Office Hampton Roads, 200 
Granby Street, Norfolk, Virginia, 23510 between 9:30 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Monica Acosta, project officer, 
USCG Marine Safety Office Hampton Roads, at (757) 441-3453.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    A notice of proposed rulemaking (NPRM) was not published for this 
regulation. In keeping with requirements of 5 U.S.C. 553(b) (B), the 
Coast Guard finds that good cause exists for not publishing an NPRM. 
Publishing an NPRM, which would incorporate a comment period before a 
final rule was issued, would be contrary to the public interest since 
immediate action is needed to protect mariners from this vessel. For 
similar reasons, 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.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone 
encompassing the M/V DEL MONTE, in approximate position 37 deg.06'11'' 
N, 076 deg.38'40 W. The safety zone will restrict vessel traffic on a 
portion of the James River, within a 1500-foot radius of the M/V DEL 
MONTE. The safety zone is necessary to protect mariners from the 
hazards associated with the explosives exercises.
    The safety zone will be effective from 8:30 a.m. (local time) on 
June 3, 2002 to 4 p.m. (local time), on June 21, 2002. Entry into this 
zone is prohibited unless authorized by the Captain of the Port, 
Hampton Roads or his designated representative. Public notifications 
will be made prior to the transit via marine information broadcasts.

Regulatory Evaluation

    This temporary final 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. 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, l979).
    Although this regulation restricts access to the regulated area, 
the effect of this regulation will not be significant because: (i) The 
COTP may authorize access to the safety zone; (ii) the safety zone will 
be in effect for a limited duration; and (iii) the Coast Guard will 
make notifications via maritime advisories so mariners can adjust their 
plans accordingly.

[[Page 39601]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601), the Coast 
Guard considered whether this rule would have a significant economic 
impact on 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 of less than 50,000.
    For the reasons stated in the Regulatory Evaluation, the Coast 
Guard certifies under 5 U.S.C. section 605(b) that this 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 and operators of vessels intending to 
transit or anchor within 1500 feet of the M/V DEL MONTE in approximate 
position 37 deg.06'11'' N, 076 deg.38'40'' W from 8:30 a.m. (local 
time), on June 3, 2002 to 4 p.m. (local time), on June 21, 2002. (NAD 
83)

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    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 
comment 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 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.

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 create 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, 
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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. This is a safety zone of over one week in 
duration. A ``Categorical Exclusion Determination'' will be available 
in the docket 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 discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

Part 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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, 160.5; 49 CFR 1.46.

    2. From 8:30 a.m. on June 3, 2002, to 4 p.m. on June 21, 2002, add 
a temporary Sec. 165.T05-033 to read as follows:


Sec. 165.T05-033  Safety Zone; Chesapeake Bay, Hampton Roads and James 
River, VA .

    (a) Location. The following area is a safety zone: all waters of 
the James River within a 1500-foot radius of the M/V DEL MONTE in 
approximate position 37 deg.06'11'' N, 076 deg.38'40'' W (NAD 83).
    (b) Captain of the Port. Captain of the Port (COTP) 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 to act on his behalf.
    (c) Regulations: (1) All persons are required to comply with the 
general regulations governing safety zones found in Sec. 165.23 of this 
part.
    (2) Persons or vessels requiring entry into or passage through a 
safety zone must first request authorization from the

[[Page 39602]]

Captain of the Port or his designated representative. The Captain of 
the Port can be contacted at telephone number (757) 441-3298.
    (3) No vessel movement is allowed within the safety zone unless 
expressly authorized by the COTP or his designated representative.
    (d) Effective Dates. This section will be effective from 8:30 a.m. 
local time, June 3, 2002, to 4 p.m. local time June 21, 2002.

    Dated: May 31, 2002.
L.M. Brooks,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 02-14521 Filed 6-7-02; 8:45 am]
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