[Federal Register Volume 75, Number 145 (Thursday, July 29, 2010)]
[Rules and Regulations]
[Pages 44720-44723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18634]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0585]
RIN 1625-AA00


Safety Zone; Live-Fire Gun Exercise, M/V Del Monte, James River, 
VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
encompassing the M/V Del Monte. This safety zone will restrict vessel 
traffic on a portion of the James River in the vicinity of the James 
River Reserve Fleet within a 1500 foot radius of the M/V Del Monte. 
This action is intended to restrict vessel traffic movement on 
specified waters of the James River to protect mariners from the 
hazards associated with live fire and explosive training events.

DATES: This rule is effective from 8 a.m. on August 2, 2010 to 4 p.m. 
on August 6, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0585 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0585 in the 
``Keyword'' box, and then clicking ``Search.'' They

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are also available for inspection or copying at the Docket Management 
Facility (M-30), U.S. Department of Transportation, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail LT Tiffany Duffy, Chief Waterways 
Management, Sector Hampton Roads, Coast Guard; telephone 757-668-5580, 
e-mail [email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. The Coast Guard is establishing this safety zone to 
facilitate mission-essential training directly related to military 
operations and national security. Accordingly, based on the military 
function exception to the Administrative Procedure Act, 5 U.S.C. 
553(a)(1), notice and comment rulemaking under 5 U.S.C. 553(b) and an 
effective date of 30 days after publication under 5 U.S.C. 553(d) are 
not required for this rule.
    Even if the Coast Guard were required to comply with the notice and 
comment provisions of the Administrative Procedure Act, under 5 U.S.C. 
553(b)(B), we find that good cause exists for not publishing an NPRM. 
This exercise is necessary to train and qualify Navy personnel in the 
use of weapons. This training is necessary to ensure that Navy 
personnel located within the Fifth Coast Guard District are properly 
trained and qualified before conducting military and national security 
operations for use in securing ports and waterways. Navy policy 
requires that Navy personnel meet and maintain certain qualification 
standards before being allowed to carry weapons on board vessels. 
Failure to conduct this required training at this time will result in a 
lapse in personnel qualification standards and, consequently, the 
inability of Navy personnel to carry out important national security 
functions at any time. It is impracticable, unnecessary, and contrary 
to public interest to delay the issuance of this rule.

Basis and Purpose

    Coast Guard Sector Hampton Roads was notified that the U.S. Navy 
will conduct a live fire and explosive training event onboard the M/V 
Del Monte in the vicinity of the James River Reserve Fleet. The event 
is scheduled to take place from August 2, 2010 to August 6, 2010. Due 
to the need to protect mariners transiting on the James River in the 
vicinity of the exercise from the hazards associated with live fire and 
explosive events, the Coast Guard is establishing a safety zone bound 
by a 1500 foot radius around approximate position 37[deg]06'11'' N/
076[deg]38'40'' W (NAD 1983). Access to this area will be temporarily 
restricted for public safety purposes.

Discussion of Rule

    The Coast Guard is establishing a 1500 foot radius safety zone on 
specified waters of James River around approximate position 
37[deg]06'11'' N/076[deg]38'40'' W (NAD 1983) in the vicinity of the 
James River Reserve Fleet. This safety zone is being established in the 
interest of public safety during the live fire and explosive training 
exercise and will be enforced from 8 a.m. on August 2, 2010 to 4 p.m. 
on August 6, 2010. Access to the safety zone will be restricted during 
the specified dates and times. Except for vessels authorized by the 
Captain of the Port or his Representative, no person or vessel may 
enter or remain in the safety zone.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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. Although this regulation restricts access 
to the safety zone, the effect of this rule will not be significant 
because: (i) The safety zone will be in effect for a limited duration; 
(ii) the zone is of limited size; and (iii) the Coast Guard will make 
notifications via maritime advisories so mariners can adjust their 
plans accordingly. For the above reasons, the Coast Guard does not 
anticipate any significant economic impact.

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.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in a portion of the James River from 8 a.m. on August 2, 2010 
to 4 p.m. on August 6, 2010. This safety zone will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons: (i) The safety zone will only be in place 
for a limited duration; (ii) before the effective period of August 2, 
2010, maritime advisories will be issued allowing mariners to 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.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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

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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 (adjusted for 
inflation) 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 cause 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction. This rule involves a temporary 
safety zone that will be in effect for only five days and is intended 
to keep mariners safe from the hazards associated with live fire and 
explosive exercises. An environmental analysis checklist and a 
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 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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 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. Add Sec.  165.T05-0585 to read as follows:


Sec.  165.T05-0585  Safety Zone; Live-Fire Gun Exercise, M/V Del Monte, 
James River, VA

    (a) Location. The following area is a safety zone: All waters in 
the vicinity of the James River Reserve Fleet on the James River within 
a 1500 foot radius of position 37[deg]06'11'' N./076[deg]38'40'' W. 
(NAD 1983).
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port, Hampton Roads, Virginia (COTP) in the enforcement 
of the safety zone.
    (c) Regulations. (1) Under the general regulations in Sec.  165.23, 
entry into, transiting, or anchoring within this safety zone is 
prohibited unless authorized by the COTP or the COTP's designated 
representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or the COTP's representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the safety zone must comply with all directions given to 
them by the COTP or the COTP's designated representative.
    (d) Enforcement and suspension of enforcement of certain safety 
zones. (1) The safety zone in paragraph (a) of this section will be 
enforced only when a Coast Guard vessel or Navy asset is operating in 
the safety zone for the purpose of conducting gunnery exercises.
    (2) A notice will be published in the Federal Register announcing 
when the safety zone in paragraph (a) of this section will be enforced.
    (3) The COTP will provide notice of the enforcement of the safety 
zones listed in paragraph (a) of this section and notice of suspension 
of enforcement by the means appropriate to affect the widest publicity, 
including broadcast

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notice to mariners and publication in the local notice to mariners.
    (d) Enforcement period. This section is effective from 8 a.m. on 
August 2, 2010 to 4 p.m. on August 6, 2010.

    Dated: July 15, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2010-18634 Filed 7-28-10; 8:45 am]
BILLING CODE 9110-04-P