[Federal Register Volume 68, Number 24 (Wednesday, February 5, 2003)]
[Rules and Regulations]
[Pages 5833-5835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2695]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-03-007]
RIN 2115-AA97


Security Zone: Chesapeake Bay, Elizabeth River, Port of Hampton 
Roads, Virginia

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a security zone encompassing 
the grounds, piers and waterside of Norfolk International Terminals, 
Norfolk, Virginia. This zone is needed to prevent destruction, loss, or 
injury to military equipment and supplies while military operations are 
being carried out at Norfolk International Terminals. The Captain of 
the Port, Hampton Roads, Virginia will enforce a security zone 
consisting of the Norfolk International Terminals property enclosed 
within the perimeter fence and extending westerly from the shoreline at 
position 36[deg]-56.001' North latitude, 76[deg]-19.726' West longitude 
to a point at 36[deg]-55.996' North latitude, 76[deg]-20.152' West 
longitude, thence southerly to a point at 36[deg]-54.762' North 
latitude, 76[deg]-20.244' West longitude, then southeasterly to a point 
at 36[deg]-53.854' North latitude, 76[deg]-20.093' West longitude, then 
to the shoreline at position 36[deg]-54.216' North latitude, 76[deg]-
19.481' West longitude. Individuals or vessels will not be allowed to 
enter the security zone at Norfolk International Terminals, except as 
permitted by the Captain of the Port or his designated representative. 
Movement of individuals and vehicles within Norfolk International 
Terminals may be restricted or prohibited.

DATES: This section is effective from 5 a.m. January 28, 2003 to 11:59 
p.m. February 4, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-03-007 and are available for 
inspection or copying at USCG Marine Safety Office Hampton Roads, 200 
Granby Street, Suite 700, Norfolk, Virginia, 23510, between 9:30 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Mike Dolan, project officer, USCG 
Marine Safety Office Hampton Roads, telephone number (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), 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 prevent destruction, loss or injury to resources involved in 
the military operations taking place in the vicinity of the Norfolk 
International Terminals.

Discussion of Rule

    A security zone is being established encompassing the grounds, 
piers and waterside of Norfolk International Terminals, Norfolk, 
Virginia from 5 a.m. January 28, 2003 until 11:59 p.m. February 4, 
2003. This zone is needed to safeguard materials and persons in the 
vicinity from sabotage or other subversive acts, accidents, or other 
causes of a similar nature while military operations are being 
conducted. This security zone will encompass the Virginia Port 
Authority property known as Norfolk International Terminals, at 7737 
Hampton Blvd, Norfolk, Virginia, 23505, including all property that is 
enclosed by the perimeter fence. The security zone will also include 
the waters of the Elizabeth River in proximity to Norfolk International 
Terminals, as bounded by a line extending westerly from the shoreline 
at position 36[deg]-56.001' North latitude, 76[deg]-19.726' West 
longitude to a point at 36[deg]-55.996' North latitude, 76[deg]-20.152' 
West longitude, thence southerly to a point at 36[deg]-54.762' North 
latitude, 76[deg]-20.244' West longitude, then southeasterly to a point 
at 36[deg]-53.854' North latitude, 76[deg]-20.093' West longitude, then 
to the shoreline at position 36[deg]-54.216' North latitude, 76[deg]-
19.481' West longitude. The security zone will be enforced from 5 a.m. 
January 28, 2003 until 11:59 p.m. February 4, 2003. U.S. Coast Guard 
personnel will be on scene at all times while the security zone is in 
effect. U.S. Coast Guard vessels will enforce the security zone over 
the water whenever a vessel involved in the military operation is 
inside the security zone. Commercial and recreational boats will not be 
permitted to enter the security zone, except as permitted by the 
Captain of the Port.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory

[[Page 5834]]

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).
    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 security zone; (ii) the security 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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule would have a significant economic 
impact on a substantial number of small entities. The term ``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.
    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 the security zone established at Norfolk 
International Terminals, from 5 a.m. January 28, 2003 until 11:59 p.m. 
February 4, 2003.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered 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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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 rule is less than one week in 
duration.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and Record 
Keeping Requirements, Security measures, Vessels, 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. Add temporary Sec.  165.T05-007, to read as follows:


Sec.  165.T05-007  Security Zone: Chesapeake Bay, Elizabeth River, Port 
of Hampton Roads, Virginia.

    (a) Location: The following area is a security zone: The grounds of 
the Norfolk International Terminals, Norfolk, Virginia, enclosed by a 
fence surrounding the perimeter, and the waters of the Elizabeth River 
in proximity to Norfolk International Terminals, as encompassed by a 
line

[[Page 5835]]

drawn westerly from the shoreline at position 36[deg]-56.001' North 
latitude, 76[deg]-19.726' West longitude to a point at 36[deg]-55.996' 
North latitude, 76[deg]-20.152' West longitude, thence southerly to a 
point at 36[deg]-54.762' North latitude, 76[deg]-20.244' West 
longitude, then southeasterly to a point at 36[deg]-53.854' North 
latitude, 76[deg]-20.093' West longitude, then to the shoreline at 
position 36[deg]-54.216' North latitude, 76[deg]-19.481' West 
longitude.
    (b) Definitions: The designated representative of the Captain of 
the Port is any U.S. Coast Guard commissioned, warrant or petty officer 
who has been authorized by the Captain of the Port, Hampton Roads, 
Virginia to act on his behalf.
    (1) The Captain of the Port, Hampton Roads and the Command Duty 
Officer at the Marine Safety Office, Norfolk, Virginia can be contacted 
at telephone Number (757) 668-5555.
    (2) The Coast Guard vessels enforcing the security zone can be 
contacted on VHF--FM channels 13 and 16.
    (c) Regulation: (1) In accordance with the general regulations in 
165.33 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Hampton Roads, Virginia, or his 
designated representatives.
    (2) The operator of any vessel in the immediate vicinity of this 
security zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on board a vessel displaying a 
U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a U.S. Coast Guard Ensign.
    (d) Effective date: This section is effective from 5 a.m. January 
28, 2003 until 11:59 p.m. February 4, 2003.

    Dated: January 28, 2003.
Lawrence M. Brooks,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 03-2695 Filed 2-4-03; 8:45 am]
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