[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Proposed Rules]
[Pages 38479-38481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15933]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0376]
RIN 1625-AA00


Safety Zone; James River; Newport News, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone on the 
navigable waters of the James River in the vicinity of the James River 
Reserve Fleet and Hog Island, Virginia for multiple periods of one hour 
in length each on all weekdays from August 6 until August 15, 2014. 
This safety zone is intended to restrict vessel movement in the 
specified area during the United States Navy's demonstrations involving 
unmanned and remote-operated crafts. This action is necessary to 
provide for the safety of life and property on the surrounding 
navigable waters during the events due to the high speed maneuvering of 
the vessels and the experimental nature of the control technology.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 23, 2014.

ADDRESSES: Submit comments online at http://www.regulations.gov (follow 
Web site directions) or by fax to 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Gregory Knoll, Waterways Management Division Chief, 
Sector Hampton Roads, Coast Guard; telephone (757) 668-5580, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, 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. Public Participation and Comments

    Information and comments that you send us may influence our final 
action on these proposals. Mark comments with docket number USCG-2014-
0376 and provide a reason for each comment. If you include personal 
contact

[[Page 38480]]

information, it will help us if we need to follow up on your comments, 
but it may be searchable by others online (see the Privacy Act notice 
at 73 FR 3316, Jan. 17, 2008).
    Documents mentioned in this notice, and all public comments, can be 
viewed at http://www.regulations.gov by following the Web site's 
directions.
    We are not planning to hold a public meeting, but if you think one 
would be helpful, please contact us (see FOR FURTHER INFORMATION 
CONTACT) as soon as possible.

B. Regulatory History and Information

    The United States Navy is conducting a demonstration in the James 
River in the vicinity of the James River Reserve Fleet and Hog Island. 
This is not expected to be an annually recurring event, although the 
Navy and other entities of the federal government have conducted other 
experiments and exercises requiring safety zones in the past.

C. Basis and Purpose

    The legal basis of this rule is found in 33 U.S.C. 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; Public Law 107-295, 116 Stat. 2064; and Department 
of Homeland Security Delegation No. 0170.1. The purpose of this rule is 
to promote public and maritime safety during the Navy's demonstrations 
involving unmanned and remote-operated crafts.

D. Discussion of the Proposed Rule

    The Captain of the Port of Hampton Roads proposes to establish a 
safety zone within the waters of the James River, from James River 
Channel Lighted Buoy 11 (LLNR 11595), upstream to James River Channel 
Lighted Buoy 44 (LLNR 11987), bank to bank, in the vicinity of the 
James River Reserve Fleet and Hog Island, Virginia. This proposed 
safety zone will be enforced from August 6, 2014 through August 8, 2014 
and August 11, 2014 through August 15, 2014 during the hours of 9:30 
a.m. to 10:30 a.m., 11:30 a.m. to 12:30 p.m. and 2 p.m. to 3 p.m. each 
day. 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 
designated representative, no person or vessel may enter or remain in 
the safety zone during the time frame listed. The Captain of the Port 
will give notice of the enforcement of the safety zone by all 
appropriate means to provide the widest dissemination of notice among 
the affected segments of the public. This will include publication in 
the Local Notice to Mariners and Marine Information Broadcasts.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed 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 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The primary impact of 
these regulations will be on vessels wishing to transit the affected 
waterways during the safety zone on the James River in the vicinity of 
Newport News, VA. Although these regulations prevent traffic from 
transiting a portion of the James River during these experiments, that 
restriction is limited in duration, affects only a limited area, and 
will be well publicized to allow mariners to make alternative plans for 
transiting the affected area.

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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule will affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit or anchor in specified waters of the James River 
during the outlined timeframe.
    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, and (ii) 
before the enforcement period, maritime advisories will be issued 
allowing 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 proposed 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 proposed 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 the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule 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

[[Page 38481]]

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 proposed 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 proposed 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.

9. Civil Justice Reform

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

14. Environment

    We have analyzed this proposed 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 proposed rule involves the establishment of a 
safety zone. This proposed rule is categorically excluded from further 
review under paragraph 34-g of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. 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, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T05-0376 to read as follows:


165.T05-0376  Safety Zone, James River; Virginia Beach, VA.

    (a) Definitions. For the purposes of this section, Captain of the 
Port means the Commander, Sector Hampton Roads. Representative means 
any Coast Guard commissioned, warrant or petty officer who has been 
authorized to act on the behalf of the Captain of the Port.
    (b) Location. The following area is a safety zone: Specified waters 
of the Captain of the Port Sector Hampton Roads zone, as defined in 33 
CFR 3.25-10: The James River between James River Channel Lighted Buoy 
11 and James River Channel Lighted Buoy 44 from bank to bank.
    (c) Regulations.(1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Hampton Roads or his designated 
representatives.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Contact on scene contracting vessels via VHF channel 13 and 16 
for passage instructions.
    (ii) If on scene proceed as directed by any commissioned, warrant 
or petty officer on shore or on board a vessel that is displaying a 
U.S. Coast Guard Ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through 
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia 
at telephone number (757) 668-5555.
    (4) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and 
channel 16 (156.8 Mhz).
    (d) Enforcement period. This section will be enforced from 9:30 
a.m. to 10:30 a.m., 11:30 a.m. to 12:30 p.m. and 2 p.m. to 3 p.m. each 
day from August 6, 2014 through August 8, 2014 and from August 11, 2014 
through August 15, 2014.

    Dated: June 25, 2014.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2014-15933 Filed 7-7-14; 8:45 am]
BILLING CODE 9110-04-P