[Federal Register Volume 67, Number 245 (Friday, December 20, 2002)]
[Rules and Regulations]
[Pages 77924-77926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32141]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-02-097]
RIN 2115-AA97


Safety Zone; James River, Newport News, Virginia

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
encompassing the USS RONALD REAGAN, moored at Newport News Shipbuilding 
south side Pier 2. This action is intended to restrict vessel traffic 
on the James River within a 1000-foot radius of the vessel. The safety 
zone is necessary to protect mariners from the hazards associated with 
catapult testing being conducted on the USS RONALD REAGAN.

DATES: This rule is effective from 6 a.m. on December 16, 2002 to 8 
p.m. on December 22, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-02-097 and 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: LT Monica Acosta, project officer, 
USCG Marine Safety Office Hampton Roads, at (757) 668-5590.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B) and 553(d)(3), the Coast Guard 
finds that good cause exists for not publishing a NPRM and making this 
regulation effective less than 30 days after publication in the Federal 
Register. Because of the danger posed by the catapult testing, a 
limited access area is necessary to provide for the safety of mariners. 
For the safety concerns noted, it is in the public interest to have 
these regulations in effect during the testing.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone 
encompassing the USS RONALD REAGAN, moored at Newport News Shipbuilding 
south side Pier 2 while conducting catapult dead load testing. The 
safety zone will restrict vessel traffic on a portion of the James 
River, within a 1000-foot radius of the USS RONALD REAGAN. The safety 
zone is necessary to protect mariners from the hazards associated with 
the catapult testing. The safety zone will be effective from 6 a.m. on 
December 16, 2002 to 8 p.m. on December 22, 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 testing via marine information broadcasts.

Discussion of Rule

    The Coast Guard is establishing a safety zone within a 1000-foot 
radius of the USS RONALD REAGAN, moored at Newport News Shipbuilding 
south side Pier 2. The temporary regulations will be enforced from 6 
a.m. December 16, 2002 through 8 p.m. December 22, 2002, and will 
restrict general navigation in the safety zone during the testing. 
Except for participants and vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.

Regulatory Evaluation

    This 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. 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).
    This temporary final rule will affect a limited area for less than 
one week during daylight hours only. Advance

[[Page 77925]]

notification via marine information broadcasts will enable mariners to 
plan their transit to avoid the safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises 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.
    The Coast Guard certifies under 5 U.S.C. 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 in that vicinity of the James River from 6 a.m. to 8 
p.m. on December 16, 2002 through December 22, 2002.
    The effect of this rule will not be significant because of its 
limited duration and the extensive advance notifications that will be 
made to the maritime community via Local Broadcast Notices to Mariners 
and marine information broadcasts so mariners can adjust their plans 
accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    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.lD, this rule is categorically excluded from further 
environmental documentation. This is a safety zone one week in 
duration.

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, and 160.5; 49 CFR 1.46.

    2. From 6 a.m. on December 16, 2002, to 8 p.m. on December 22, 
2002, add a temporary Sec.  165.T05-097 to read as follows:


Sec.  165.T05-097  Safety Zone; James River, Newport News, Virginia

    (a) Location. The following area is a safety zone: all waters of 
the James River within 1000 feet of the USS RONALD REAGAN, moored at 
Newport News Shipbuilding south side Pier 2.
    (b) Captain of the Port. 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 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 Captain of the 
Port. The Captain of the

[[Page 77926]]

Port's representative enforcing the safety zone can be contacted on VHF 
marine band radio, channels 13 and 16. The Captain of the Port can be 
contacted at (757) 668-5555.
    (3) The Captain of the Port will notify the public of changes in 
the status of this safety zone by marine information broadcast on VHF 
marine band radio, channel 22 (157.1 MHz).
    (d) Enforcement period. This section will be enforced from 6 a.m. 
to 8 p.m. on December 16, 2002 through December 22, 2002.

    Dated: December 16, 2002.
L. M. Brooks,
Captain, Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 02-32141 Filed 12-19-02; 8:45 am]
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