[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63734-63736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25535]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0931]
RIN 1625-AA00


Security Zone; James River, Kingsmill Resort, Williamsburg, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is establishing a temporary security zone 
on the James River in the vicinity of Kingsmill Resort Marina, 
Williamsburg, VA during a visit by The President of the United States. 
This security zone will prohibit unauthorized vessels and people from 
entering or remaining in the security zone without permission from the 
Captain of the Port or designated representative. This security zone is 
necessary to provide security for The President of the United States.

DATES: This rule is effective October 12, 2012 to October 17, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0931. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 email LCDR Hector Cintron, Waterways Management 
Division Chief, Sector Hampton Roads, Coast Guard; telephone 757-668-
5581, email [email protected]. If you have questions on viewing 
or submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because any delay encountered in this 
regulation's effective date by publishing a NPRM would be contrary to 
public interest. The Coast Guard received information about the event 
on October 3, 2012. Since immediate action is needed to protect The 
President of the United States and accompanying high-ranking government 
officials from potential waterborne threats; the Coast Guard was

[[Page 63735]]

unable to provide prior notice and opportunity to comment.
    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. The measures contemplated by the 
rule are intended to protect The President of the United States and 
accompanying high-ranking government officials, and the public from 
possible waterborne security threats. Any delay in the effective date 
of this rule is contrary to public and national interests.

B. Basis and Purpose

    On October 13, 2012, The President of the United States will visit 
Kingsmill Resort in Williamsburg, VA. The United States Secret Service 
has requested the Coast Guard provide waterborne point protection 
during the visit.
    This temporary security zone is necessary to provide for the 
security of The President of the United States and accompanying high-
ranking government officials, and protect against sabotage or terrorist 
attacks to human life, vessels, mariners and waterfront facilities at 
or near this event.

C. Discussion of the Final Rule

    The U.S. Coast Guard is establishing a temporary security zone on 
the navigable waters of the James River in the vicinity Kingsmill 
Resort Marina, Williamsburg, VA. This security zone will encompass all 
navigable waters on the James River within a 1000 yard radius of 
approximate position 37[deg]13'23'' N/76[deg]40'03'' W (NAD 1983) in 
the vicinity of Kingsmill Resort Marina, in Williamsburg, VA.
    Access to the security zone will be restricted during the specified 
date 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 regulated area. This temporary security zone will be effective and 
enforced from 11:59 p.m. on October 12, 2012 to 12:01 p.m. on October 
17, 2012.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 or Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. Although this regulation 
restricts access to the security zone, the effect of this rule will not 
be significant because: (i) The security zone will be in effect for a 
limited duration; (ii) the zone is of limited size; (iii) vessels can 
safely transit around the zone and are not precluded from using any 
portion of the waterway except the security zone itself; and (iv) the 
Coast Guard will make notifications via maritime advisories so mariners 
can adjust their plans accordingly.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 during the enforcement periods from 11:59 p.m. on October 12, 2012 
to 12:01 p.m. on October 17, 2012. The temporary security zone will not 
have a significant impact on a substantial number of small entities 
because the zone will only be in place for a limited duration and 
maritime advisories will be issued allowing the mariners to adjust 
their plans accordingly.

3. 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. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. 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.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. 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.

[[Page 63736]]

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
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 establishing 
a temporary security zone. Under figure 2-1, paragraph (34)(g) of the 
Instruction, an environmental analysis checklist and a categorical 
exclusion determination are not required for this rule because it 
concerns an emergency situation of less than 1 week in duration.

List of Subjects in 33 CFR Part 165

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

    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; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add temporary Sec.  165.T05-0931 to read as follows:


Sec.  165.T05-0931  Security Zone; James River, Kingsmill Resort, 
Williamsburg, VA.

    (a) Regulated area. The following area is a security zone: All 
navigable waters of the James River within a 1000 yard radius of 
approximate position 37[deg]13'23'' N/76[deg]40'03'' W (NAD 1983) in 
the vicinity of Kingsmill Resort Marina, in Williamsburg, VA.
    (b) Definition. For purposes of enforcement of 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 
Sec.  165.33 of this part, entry into this security zone described in 
paragraph (a) of this section is prohibited unless authorized by the 
Captain of the Port, Hampton Roads, Virginia, or the Captain of the 
Port Representative.
    (2) The operator of any vessel granted permission to enter 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; and
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a U.S. Coast Guard Ensign.
    (3) The Captain of the Port, Hampton Roads, Virginia can be 
contacted at telephone number (757) 638-6637.
    (4) U.S. Coast Guard vessels enforcing the security zone can be 
contacted on VHF-FM marine band radio, channel 13 (156.65 MHz) and 
channel 16 (156.8 MHz).
    (d) Enforcement period. This section will be enforced from 11:59 
p.m. on October 12, 2012 to 12:01 p.m. on October 17, 2012.

    Dated: October 5, 2012.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-25535 Filed 10-16-12; 8:45 am]
BILLING CODE 9110-04-P