[Federal Register Volume 68, Number 11 (Thursday, January 16, 2003)]
[Rules and Regulations]
[Pages 2201-2203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1006]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-02-103]
RIN 2115-AE84


Regulated Navigation Area; Chesapeake Bay Entrance and Hampton 
Roads, VA and Adjacent Waters

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Commander, Fifth Coast Guard District is adding vessel 
speed limits, for certain vessels operating in the vicinity of Naval 
Station Norfolk, to the existing regulated navigation area found at 33 
CFR 165.501. This temporary rule is necessary to ensure the safety and 
security of naval vessels that are moored at Naval Station Norfolk. The 
temporary rule will require all vessels of 300 gross tons and greater 
to reduce speed to eight knots in the vicinity of Naval Station 
Norfolk, in order to improve security measures and reduce the potential 
threat to Naval Station Norfolk security that may be posed by these 
vessels.

DATES: This temporary final rule is effective from December 20, 2002 to 
June 15, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-02-103 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: Lieutenant Monica Acosta, USCG, 
project officer, USCG Marine Safety Office Hampton Roads, telephone 
number (757) 441-3453.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
temporary regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds 
that good cause exists for not publishing a NPRM. Upon request by the 
Navy, immediate action is necessary to ensure the safety and security 
of naval vessels moored at Naval Station Norfolk during large merchant 
vessel transits of the Elizabeth River. Due to their large size and 
substantial momentum while underway, these merchant vessels pose

[[Page 2202]]

a potential threat to Naval Station Norfolk's security. Imposing this 
speed limit will improve security alongside Naval Station Norfolk as 
well as reduce the potential threat. 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. Delaying 
the effective date of the rule would be contrary to the public 
interest, as immediate action is necessary to ensure the safety and 
security of naval vessels during large merchant vessel transits of the 
Elizabeth River.

Background and Purpose

    The Commander Naval Station Norfolk requested this rule to reduce 
the potential threat to national security that may be posed by vessels 
of 300 gross tons or greater as they pass the naval station. This 
temporary modification of the regulated navigation area (RNA) is 
necessary to ensure the safety and security of naval vessels in the 
vicinity of Naval Station Norfolk. The U.S. Navy or other federal 
agencies may assist the U.S. Coast Guard in the enforcement of this 
rule.
    No vessel of 300 gross tons or greater may proceed at a speed over 
eight knots between Elizabeth River Channel Lighted Gong Buoy 5 (LL 
9470) of Norfolk Harbor Reach and gated Elizabeth River Channel Lighted 
Buoys 17 (LL 9595) and 18 (LL 9600) of Craney Island Reach. All vessels 
less than 300 gross tons are exempt from this rule, as well as all 
Public vessels as defined in 33 U.S.C. 1321, which states that a public 
vessel means a vessel owned or bareboat chartered and operated by the 
United States, or by a State or political subdivision thereof, or by a 
foreign nation, except when such vessel is engaged in commerce.

Regulatory Evaluation

    This temporary 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 be in effect for less than nine months. During this 
period, it is estimated to affect 3988 vessel transits. However, the 
speed limit restrictions are only in effect for less than four miles, 
and typical vessel speed is 10 knots. Therefore, any delay caused by 
the two knot reduction in speed will be minimal.

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 temporary 
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 
300 gross tons or greater intending to transit Norfolk Harbor Reach at 
speeds greater than eight knots. This regulated navigation area will 
not have a significant economic impact on a substantial number of small 
entities for the following reasons. This rule will only affect a 
limited portion of a vessel's total transit, and for only a length of 
less than four miles. Deep-draft vessels typically transit this area at 
approximately 10 knots, and therefore the eight-knot speed limit will 
not cause significant delays. Further, the rule is only in effect for 
nine months.
    If, however, you think that your business or organization qualifies 
as a small entity and that this rule will have a significant economic 
impact on your business or organization, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and in what way and to 
what degree this rule will economically affect it.

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 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

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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 temporary rule 
and concluded that under figure 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.lC, this temporary rule is categorically excluded 
from further environmental documentation. This temporary rule seeks to 
modify a well established Regulated Navigation Area, and will be in 
effect for less than nine months. A ``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, Vessels, Waterways.

    For the reasons discussed 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. From December 20, 2002 until June 15, 2003 add new paragraph 
(d)(14) to Sec.  165.501 to read as follows:


Sec.  165.501  Chesapeake Bay entrance and Hampton Roads, Va. and 
adjacent waters--regulated navigation area.

* * * * *
    (d) * * *
    (14) Speed restrictions on Norfolk Harbor Reach. Vessels of 300 
gross tons or more may not proceed at a speed over eight knots between 
the Elizabeth River Channel Lighted Gong Buoy 5 (LL 9470) of Norfolk 
Harbor Reach (northwest of Sewells Point) at approximately 
36[deg]58'00'' N, 76[deg]20'00'' W and gated Elizabeth River Channel 
Lighted Buoys 17 (LL 9595) and 18 (LL 9600) of Craney Island Reach 
(southwest of Norfolk International Terminal) at approximately 
36[deg]54'17'' N, 76[deg]20'11'' W. All vessels less than 300 gross 
tons are exempt from this rule. All coordinates reference Datum NAD 
1983. This speed restriction does not apply to Public Vessels as 
defined in 33 U.S.C. 1321(a)(4). The U.S. Navy or other federal 
agencies may assist the U.S. Coast Guard in the enforcement of this 
rule.
* * * * *

    Dated: December 20, 2002.
J.D. Hull,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-1006 Filed 1-15-03; 8:45 am]
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