[Federal Register Volume 71, Number 106 (Friday, June 2, 2006)]
[Rules and Regulations]
[Pages 31945-31946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8545]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-06-051]
RIN 1625-AA00


Safety Zone: Norfolk Harbor Entrance Reach, Chesapeake Bay, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone in the vicinity 
of Norfolk Harbor Entrance Reach in support of diving operations being 
conducted to upgrade the Magnetic Silencing Facility at the U.S. Navy 
Degaussing Range. This action is intended to restrict vessel traffic 
from transiting within 200 yards of position 36-58-55 N/076-19-17 W in 
Norfolk Harbor Entrance Reach. The safety zone is necessary to protect 
divers from the hazards associated with the upgrade operations.

DATES: This rule is effective from 6 a.m. on May 22, 2006 to 9 p.m. on 
August 17, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-06-051 and are available for 
inspection or copying at the Norfolk Federal Building, 200 Granby 
Street, Suite 700, Norfolk, Virginia 23510, between 9:30 a.m. and 2 
p.m. eastern time, Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Bill Clark, project officer, USCG 
Sector Hampton Roads, telephone number (757) 668-5580.

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 Coast Guard recently 
received notification from the U.S. Navy that divers would be 
conducting necessary repair and upgrade operations in the area of 
Norfolk Harbor Reach. This regulation is necessary in order to 
adequately protect the public during the diving operations, and 
therefore it is impracticable and contrary to the public interest to 
delay in publishing this rule. The operation will take place from May 
22, 2006 to August 17, 2006 between the hours of 6 a.m. and 9 p.m. 
eastern time in Norfolk Harbor Entrance Reach. Due to the hazards posed 
by the diving operations, it is in the public interest to have these 
regulations in effect during this period.
    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. Because of the hazards associated 
with the diving operations, a limited access area is necessary to 
provide for the safety of the divers.

Background and Purpose

    Between 6 a.m. and 9 p.m. eastern time, from May 22, 2006 to August 
17, 2006, diving operations will be conducted in the vicinity of 
Norfolk Harbor Entrance Reach. In order to protect mariners during 
diving operations, a safety zone will be enforced. When the zone is 
being enforced, vessel traffic will be restricted from transiting 
within 200 yards of position 36-58-55 N/076-19-17 W in Norfolk Harbor 
Entrance Reach.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters 
of Norfolk Harbor Entrance Reach. The regulated area will consist of 
all waters in Norfolk Harbor Entrance Reach within 200 yards of 
position 36-58-55 N / 076-19-17 W. Vessels will be restricted from 
transiting the area between 6 a.m. and 9 p.m. eastern time, from May 
22, 2006 to August 17, 2006.

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 Homeland 
Security (DHS).
    Although this regulation restricts access to the regulated area, 
the effect of this rule will not be significant because: (i) The safety 
zone will be in effect for a limited duration; (ii) the Coast Guard 
will make notifications via maritime advisories so mariners can adjust 
their plans accordingly; and (iii) the Captain of the Port may 
authorize access to 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'' 
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 in that portion of Norfolk Harbor Entrance 
Reach between 6 a.m. and 9 p.m. eastern time, from May 22, 2006 to 
August 17, 2006. The safety zone will not be a significant impact on a 
substantial number of small entities, because the zone will only be in 
place for a limited period and maritime advisories will be issued so 
that mariners can adjust their plans accordingly.

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

[[Page 31946]]

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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
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, we believe that this rule should be 
categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation. 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 & record 
keeping requirements, Security measures, and Waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR Part 165 Subpart C 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; 50 U.S.C. 191, 195; 46 U.S.C. 
Chapter 701; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; Pub. L. 
107-295, 116 Stat. 2064 and Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Temporary Sec.  165.T05-051, to read as follows:


Sec.  165.T05-051  Safety Zone: Norfolk Harbor Entrance Reach, 
Chesapeake Bay, VA.

    (a) Location. The following area is a safety zone: The waters 
within 200 yards of position 36-58-55 N / 076-19-17 W in the Captain of 
the Port, Hampton Roads zone as defined in 33 CFR 3.25-10.
    (b) Definition. As used in this section, the term, Captain of the 
Port Representative means 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 Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia 
can be contacted at telephone number (757) 668-5555 or (757) 484-8192. 
The Coast Guard personnel enforcing the safety zone can be contacted on 
VHF-FM channels 13 and 16.
    (d) Regulation. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this safety zone is prohibited 
unless authorized by the Captain of the Port, Hampton Roads, Virginia 
or the Caption of the Port Representative.
    (2) The operator of any vessel in the immediate vicinity of this 
safety 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.
    (e) Effective period. This section is effective from 6 a.m. on May 
22, 2006 to 9 p.m. on August 17, 2006.
    (f) Enforcement period. This section will be enforced from 6 a.m. 
to 9 p.m. during the effective period.

    Dated: May 15, 2006.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E6-8545 Filed 6-1-06; 8:45 am]
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