[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Rules and Regulations]
[Pages 6158-6160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2742]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-04-011]
RIN 1625-AA00


Security Zone; Chesapeake Bay, Hampton Roads, Elizabeth River, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
encompassing all waters surrounding P/V MAASDAM, to ensure the security 
of the vessel during inbound and outbound transits in the Port of 
Hampton Roads, and while the vessel is berthed at Nauticus 
International Terminal. The security zone will extend in a 500-yard 
radius around P/V MAASDAM and require that all vessels transiting 
within 500 yards of P/V MAASDAM operate only at the minimum speed 
necessary to maintain course. No vessels are allowed within 100 yards 
of P/V MAASDAM without authorization by the Captain of the Port, 
Hampton Roads, or his designated representative.

DATES: This rule is effective from January 20, 2004, to April 24, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-04-011 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, 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), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The Holland America cruise 
line only recently finalized arrangements with Federal and local 
agencies to allow the P/V MAASDAM to conduct regular passenger cruises 
from Norfolk. As a result, the Coast Guard received the final schedule 
for the MAASDAM in January 2004. Coast Guard policy dictates that the 
Captain of the Port will provide for the security of high-capacity 
passenger vessels, and this security zone is necessary for that 
purpose.
    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 this vessel from potential 
security threats. 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

    Following terrorist attacks on the United States in September 2001, 
there is a heightened awareness that vessels or persons could launch 
subversive activity against passenger ships. These regulations are 
necessary to protect the vessel, its passengers, and its crew from 
these potential threats. The Coast Guard is establishing a temporary 
security zone to ensure the vessel's safe inbound and outbound 
transits, and to protect the vessel while moored at Nauticus 
International Terminal.

Discussion of Rule

    The Coast Guard is establishing temporary security zones to ensure 
safe transits and port calls for the P/V MAASDAM. The security zones 
will be activated while the P/V MAASDAM transits in the Port of Hampton 
Roads, and while it is berthed at Nauticus International Terminal. This 
rule is effective from January 20, 2004, to April 24, 2004. The 
security zone will extend in a 500-yard radius around P/V MAASDAM. All 
vessels within 500 yards must operate only at the minimum speed 
necessary to maintain course. No vessels are allowed within 100 yards 
of P/V MAASDAM without authorization by the Captain of the Port, 
Hampton Roads, or his designated representative. This rule will provide 
for increased security of the vessel and other vessels transiting in 
the area, and will allow the uninterrupted flow of commerce in the Port 
of Hampton Roads. Public notifications will be made prior to the 
transit via marine information broadcasts.

Regulatory Evaluation

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

[[Page 6159]]

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 Homeland Security (DHS).
    Although this rule restricts access to the regulated area, the 
effect of this rule will not be significant because: (i) The COTP may 
authorize access to the security zone; (ii) the security zones 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), we have 
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. 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 a 500-yard radius of P/V MAASDAM as she 
transits the Port of Hampton Roads, and while she is berthed at the 
Nauticus International Terminal.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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. 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 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 analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation because it creates temporary security 
zones. A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are 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.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165, subpart F, as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C 1226, 1231; 46 U.S.C. Chapter 701: 50 U.S.C 
191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


[[Page 6160]]


0
2. Add temporary Sec. 165.T05-011, to read as follows:


Sec. 165.T05-011  Security Zone: Chesapeake Bay, Hampton Roads and 
Elizabeth River, Virginia.

    (a) Location. The following area is a security zone: All waters 
within a 500-yard radius around the P/V MAASDAM, while the vessel 
transits through the Captain of the Port Hampton Roads zone, and while 
berthed at Nauticus International Terminal.
    (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.
    (c) Contact information. The Captain of the Port, Hampton Roads and 
the Command Duty Officer at the Marine Safety Office Hampton Roads, 
Norfolk, Virginia, can be contacted at telephone Number (757) 668-5555 
or (757) 484-8192. The Coast Guard vessels enforcing the security zone 
can be contacted on VHF-FM channels 13 and 16.
    (d) Regulation: (1) Under Sec. 165.33, vessels are prohibited from 
entering within 100 yards of the P/V MAASDAM, unless authorized by the 
Captain of the Port, Hampton Roads, Virginia, or his designated 
representatives. Vessels within 500 yards of the P/V MAASDAM must 
operate only at the minimum speed necessary to maintain course.
    (2) The operator of any vessel in any part of this security zone 
must:

    (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.
    (iii) Operate at minimum speed within a 500-yard radius of P/V 
MAASDAM.

    (e) Effective period: This section is effective from January 20, 
2004, to April 24, 2004.

    Dated: January 16, 2004.
Robert R. O'Brien, Jr.,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 04-2742 Filed 2-9-04; 8:45 am]
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