[Federal Register Volume 72, Number 87 (Monday, May 7, 2007)]
[Rules and Regulations]
[Pages 25686-25688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2246]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-07-015]
RIN 1625-AA00


Security Zone: America's 400th Celebration, Jamestown, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The United States Coast Guard is amending the security zone 
encompassing waters within 2-nautical miles of Church Point, Jamestown 
Island, VA, for America's 400th Anniversary celebration. This action is 
intended to restrict vessel traffic within the security zone. This 
security zone is necessary to protect attendees of this event from 
potential maritime hazards and threats and enhance public and maritime 
security.

DATES: This rule is effective from 7 a.m. on May 11, 2007 until 10 p.m. 
on May 13, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-07-015 and are available for 
inspection or copying at USCG Sector Hampton Roads, 4000 Coast Guard 
Blvd., Portsmouth, Virginia 23703, between 9:30 a.m. and 2 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Thomas Tarrants, Enforcement 
Branch Chief, U.S. Coast Guard Sector Hampton Roads, Virginia at (757) 
483-8571.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    Pursuant to 5 U.S.C. 553(b)(B), a notice of proposed rulemaking 
(NPRM) was not published for this regulation. Good cause exists for not 
publishing a NPRM for this regulation. This amended temporary final 
rule is of limited duration and is necessary to provide for the 
security of dignitaries and the public attending the America's 400th 
Anniversary celebration.
    For the same reasons good cause exists for making this regulation 
effective less than 30 days after Federal Register publication under 5 
U.S.C. 553(d)(3).

Background and Purpose

    Following terrorist attacks on the United States in September 2001, 
there is now a heightened awareness that vessels or persons could 
engage in subversive activity against targets ashore in the United 
States. This regulation is necessary to protect attendees of America's 
400th Anniversary celebration on Jamestown Island, VA, from potential 
maritime threats. The Coast Guard previously published a NPRM in the 
Federal Register (72 FR 10958) and a temporary final rule in the 
Federal Register (72 FR 20053) implementing a security zone for this 
event. Under the temporary final rule, the security zone was in effect 
from 3 p.m. on May 11, 2007 until 10 p.m. on May 11, 2007; from 9 a.m. 
until 11 p.m. on May 12, 2007; and from 9 a.m. until 10 p.m. on May 13, 
2007. Action is needed to provide additional protection for additional 
dignitaries and members of the public added after the publication of 
the temporary rule.
    As amended, this temporary security zone will only be in effect 
from 7 a.m. on May 11, 2007 until 10 p.m. on May 13, 2007. The 
operators of the Jamestown Ferry have already been contacted and agree 
to operate on a modified schedule within the security zone. This zone 
will have minimal impact on vessel transits because vessels can request 
authorization from the Captain of the Port (COTP) to safely transit 
through the zone and they are not precluded from using any portion of 
the waterway except the security zone area itself. Additionally, public 
notifications announcing this regulation will be made via marine 
information broadcasts prior to the zone taking effect.

Discussion of Rule

    The Coast Guard is amending the temporary security zone near 
Jamestown Island to provide protection to dignitaries and the public 
visiting the island. We are amending the temporary final rule to create 
a continuous effective period throughout the event. The amended 
security zone will be effective from 7 a.m. on May 11, 2007, until 10 
p.m. on May 13, 2007. The amended security zone will also be enforced 
from 7 a.m. on May 11, 2007, until 10 p.m. on May 13, 2007.
    The security zone will encompass all navigable waters around 
Jamestown Island, VA within a 2-nautical mile radius of Church Point at 
37-12.45N, 076-46.66W. No persons or vessels may enter or remain in the 
regulated area

[[Page 25687]]

without authorization by the Captain of the Port, Hampton Roads, or his 
designated representative.

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.
    We expect the economic impact of this rule to be so minimal that a 
full regulatory evaluation is unnecessary. Although this rulemaking 
restricts access to the regulated area, the effect of this rulemaking 
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; (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'' 
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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    However, this rule may affect the following entities, some of which 
may be small entities: the owners and operators of vessels intending to 
transit or anchor in the described portion of the security zone between 
7 a.m. on May 11, 2007, to 10 p.m. on May 13, 2007. The security zone 
will not have a significant impact on a substantial number of small 
entities because the zone does not encompass a high vessel traffic 
area, and vessels can request authorization from the COTP to enter the 
zone. Maritime advisories will also 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 want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the 
rulemaking would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact LCDR Thomas 
Tarrants, Enforcement Branch Chief, U.S. Coast Guard Sector Hampton 
Roads, Virginia at (757) 483-8571.
    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 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 U.S. 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.

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.

[[Page 25688]]

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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'' will be 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting & 
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 subpart D 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.


0
2. Amend temporary Sec.  165.T05-015 by revising paragraphs (d) and (e) 
to read as follows:


Sec.  165.T05-015  Security Zone: Jamestown Island, VA.

* * * * *
    (d) Enforcement period: The security zone will be enforced from 7 
a.m. on May 11, 2007, until 10 p.m. on May 13, 2007.
    (e) Effective period: This regulation is effective from 7 a.m. on 
May 11, 2007, to 10 p.m. on May 13, 2007.

    Dated: April 27, 2007.
John S. Kenyon,
Commander, U.S. Coast Guard, Acting Captain of the Port, Hampton Roads.
[FR Doc. 07-2246 Filed 11-3-07; 11:02 am]
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