[Federal Register Volume 71, Number 114 (Wednesday, June 14, 2006)]
[Rules and Regulations]
[Pages 34255-34257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9230]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-06-055]
RIN 1625-AA00


Safety Zone: Fort Story, Chesapeake Bay, Virginia Beach, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone in support of 
the Joint Logistics Over the Shore Naval Operations to be held on the 
Chesapeake Bay in the vicinity of Fort Story, Virginia Beach, VA. This 
action is intended to restrict vessel traffic from certain areas of the 
Chesapeake Bay in the vicinity of Fort Story. The safety zone is 
necessary to protect mariners from the hazards associated with the 
naval operations.

DATES: This rule is effective from 12:01 a.m. eastern time on June 5, 
2006 to 11:59 p.m. eastern time on June 26, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-06-055 and are available for 
inspection or copying at USCG Sector Hampton Roads, 200 Granby Street, 
Suite 700, Norfolk, VA 23510, between 9:30 a.m. and 2 p.m., Monday 
through Friday, except on 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 because it is impracticable and 
contrary to the public interest to delay in making this rule effective, 
because we did not receive notice of planned exercises from the Navy in 
time to publish an NPRM. The event will take place between 12:01 a.m. 
eastern time on June 5, 2006 and 11:59 p.m. eastern time on June 26, 
2006. Due to the dangers posed by the naval operations, it is in the 
public interest to have these regulations in effect during the 
operations.
    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 we did not receive notice 
of planned exercises from the Navy in time to publish an NPRM and the 
hazards associated with the naval operations, a limited access area is 
necessary to provide for the safety of mariners.

Background and Purpose

    Between 12:01 a.m. eastern time on June 5, 2006 and 11:59 p.m. 
eastern time on June 26, 2006 the Joint Logistics Over the Shore Naval 
Operations will be held on the Chesapeake Bay in the vicinity of Fort 
Story, Virginia Beach, VA. Due to the need for protection of mariners 
from the hazards associated with the naval operations, vessel traffic 
will be temporarily restricted.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters 
of the Chesapeake Bay in the vicinity of Fort Story. The U.S. Navy will 
be providing assistance to the Coast Guard in regards to the patrol and 
enforcement of this zone. The regulated area will include all waters 
contained within the following coordinates: 36-55-33N/076-02-47W; 36-
56-38N/076-04-00W; 36-57-12N/076-04-00W; 36-56-33N/076-01-34W and 36-
55-12N/076-01-33W. This safety zone will be enforced from 12:01 a.m. to 
11:59 p.m. eastern time on June 5 to June 26, 2006. General navigation

[[Page 34256]]

in the safety zone will be restricted during the naval operations. 
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 Homeland 
Security (DHS).
    Although this regulation restricts access to the regulated area, 
the effect of this rule will not be significant because: (i) The COTP 
may authorize access to the safety zone; (ii) the safety 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), 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 or anchor in that portion of the 
Chesapeake Bay between 12:01 a.m. eastern time on June 5, 2006 and 
11:59 p.m. eastern time on June 26, 2006. The safety zone will not have 
a significant impact on a substantial number of small entities; 
maritime advisories will be issued, so the 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 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 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 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.

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

[[Page 34257]]

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'' will be 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; 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; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Temporary Sec.  165.T05-055, to read as follows:


Sec.  165.T05-055  Safety Zone: Fort Story, Chesapeake Bay, Virginia 
Beach, VA.

    (a) Location. The following area is a safety zone: all waters in 
the vicinity of Fort Story contained within coordinates 36-55-33N/076-
02-47W; 36-56-38N/076-04-00W; 36-57-12N/076-04-00W;36-56-33N/076-01-34W 
and 36-55-12N/076-01-33W. in the Captain of the Port, Hampton Roads 
zone as defined in 33 CFR 3.25-10.
    (b) Definition. The following definition applies to this section:
    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) Regulation. (1) In accordance with the general regulations in 
165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Hampton Roads or the Captain 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.
    (1) The Captain of the Port, Hampton Roads and the Sector Duty 
Officer at Sector Hampton Roads, Norfolk, VA can be contacted at 
telephone Number (757) 668-5555 or (757) 484-8192.
    (2) The Coast Guard vessels enforcing the safety zone can be 
contacted on VHF-FM 13 and 16.
    (d) Effective date: This regulation is effective from 12:01 a.m. 
eastern time on June 5, 2006 until 11:59 p.m. eastern time on June 26, 
2006.

    Dated: May 23, 2006.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
 [FR Doc. E6-9230 Filed 6-13-06; 8:45 am]
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