[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Rules and Regulations]
[Pages 46697-46700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18864]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0376]
RIN 1625-AA00


Safety Zone, James River; Newport News, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable 
waters of the James River in Newport News, VA for multiple periods, one 
hour in length each, on all weekdays from August 6 until August 15, 
2014. This action will restrict vessel traffic movement in the 
designated area during the United States Navy's operation involving 
unmanned and remote-operated crafts. This action is necessary in order 
to protect the life and property of the maritime public due to the high 
speed maneuvering of the vessels and the experimental nature of the 
control technology.

DATES: This rule is effective from August 11, 2014 through August 15, 
2014, and has been in effect with actual notice since July 30, 2014. It 
has been or will be enforced from August 6 through August 8, 2014 and 
August 11 through August 15, 2014, from 9:30 a.m. to 10:30 a.m., 12 
p.m. to 1 p.m., and 2 p.m. to 3 p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0376]. 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

[[Page 46698]]

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 rule, 
call or email LCDR Gregory Knoll, 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 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. 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. 
A Notice of Proposed Rulemaking (NPRM) was published on July 7, 2014 in 
the Federal Register (79 FR 38479).
    The Coast Guard received two comments on the NPRM, which are 
addressed below in Section C. No request for a public meeting was 
received, and no meeting was held.
    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 Coast Guard received the dates 
and times needed for the waterway closures from the Navy without 
sufficient time to provide for 30 days of public comment and 30 days 
advance notice of the Final Rule.

B. Basis and Purpose

    The United States Navy's operation will involve over 20 vessels 
traveling in close proximity to one another at high speeds. The control 
systems on board these vessels have undergone significant research and 
development testing, but the experimental nature of them means that 
there could be an impact on marine traffic in the vicinity.
    The Coast Guard will establish a safety zone closing a portion of 
the James River in the vicinity of the James River Reserve Fleet and 
Hog Island for multiple periods, one hour in length each, from August 6 
through August 8, 2014, and August 11 through August 15, 2014. The 
safety zone will be effective from 9:30 a.m. to 10:30 a.m., 12 p.m. to 
1 p.m., and 2 p.m. to 3 p.m. each day.

C. Discussion of Comments, Changes, and the Final Rule

    The Coast Guard received one comment requesting to move the time of 
the second hour-long window each day to allow for a longer opening in 
between the two closure periods. The NPRM in 79 FR 38479 stated that 
the safety zone would be in effect 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. Instead, the second 
window will be changed, as requested in the comment received, from 12 
p.m. to 1 p.m. each day.
    The Coast Guard received one comment concerning the effect of the 
safety zone on deep draft commercial traffic on the James River and the 
possible delays to vessels that must sail with the tide for certain 
sections of the James River outside of the Safety Zone. The Coast Guard 
reached out to facilities up river of the safety zone to determine 
vessel schedules from August 6 through August 15, 2014. Based on this 
information, the effect on tide-restricted vessels will be minimal due 
to the low volume of this type of traffic. For smaller vessel traffic 
not restricted by the tide, the limited duration of each closure allows 
vessels to transit through the area comprising the zone in between the 
specified one-hour periods. Additionally, the Captain of the Port, 
Hampton Roads or his designated on-scene Representative may allow 
vessels to transit through the safety zone during the enforcement 
period if deemed necessary on a case-by-case basis.
    The Captain of the Port of Hampton Roads is establishing 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 safety zone will be 
enforced from August 6, 2014 through August 8, 2014 and August 11, 2014 
through August 15, 2014 from 9:30 a.m. to 10:30 a.m., 12 p.m. to 1 p.m. 
and 2 p.m. to 3 p.m. Access to the safety zone will be restricted 
during the specified dates and times. No person or vessel may enter or 
remain in the regulated area without the permission of the Captain of 
the Port of Hampton Roads.

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 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those orders. 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.

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. The rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit or anchor in that portion of the James River 
during the specified dates and times.
    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 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

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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 affect 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 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 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule involves establishing a safety zone. This 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 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. 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.T05-0376 to read as follows:


Sec.  165.T05-0376  Safety Zone, James River; Newport News, 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, 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., 12 p.m. to 1 p.m. and 2 p.m. to 3

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p.m. each day from August 6, 2014 through August 8, 2014 and from 
August 11, 2014 through August 15, 2014.

    Dated: July 30, 2014.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2014-18864 Filed 8-8-14; 8:45 am]
BILLING CODE 9110-04-P