[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Rules and Regulations]
[Pages 34248-34251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16829]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0568]
RIN 1625-AA00
Safety Zone; James River, Navy Live Fire and Explosive Training
AGENCY: Coast Guard, DHS.
[[Page 34249]]
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 within a 1,500-foot radius of
the M/V Del Monte. This action is intended to restrict vessel traffic
movement in the vicinity of the James River Reserve Fleet to protect
mariners from the hazards associated with live fire and explosive
training events.
DATES: This rule is effective from 8 a.m. on July 30, 2009, to 11 p.m.
on August 8, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0568 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0568
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They 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
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 delaying the effective date would be
contrary to the public interest since immediate action is needed to
ensure the public's safety during the Navy's live fire and explosive
training event.
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. Delaying the effective date would
be contrary to the public interest since immediate action is needed to
ensure the public's safety during the Navy's live fire and explosive
training event.
Background and Purpose
Coast Guard Sector Hampton Roads has been 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 July 30, 2009, to August 8, 2009.
Due to the need to protect mariners transiting on 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 1,500-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 1,500-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. to 11 p.m. on July 30, 2009,
to August 8, 2009. 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. to 11
p.m. from July 30, 2009, to August 8, 2009. This safety zone will not
have a significant economic impact on a substantial number of small
entities because the safety zone will only be in place for a limited
duration. Before the effective period beginning July 30, 2009, 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).
[[Page 34250]]
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 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 an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect 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
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 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 ten 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;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T05-0568 to read as follows:
Sec. 165.T05-0568 Safety Zone; James River, Navy Live Fire and
Explosive Training.
(a) Regulated Area. The following area is a safety zone: All waters
in the vicinity of the James River Reserve Fleet on the James River
within a 1,500-foot radius of position 37[deg]06[min]11[sec] N/
076[deg]38[min]40[sec] W (NAD 1983).
(b) Definition: For the purposes 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) Regulations: (1) In accordance with the general regulations in
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) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant, or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
(ii) 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 757-638-6641.
(4) The Coast Guard Representatives enforcing the safety zone can
be
[[Page 34251]]
contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement Period: This regulation will be enforced from 8
a.m. to 11 p.m. beginning July 30, 2009, to August 8, 2009.
Dated: July 2, 2009.
M.S. Ogle,
Captain, U.S. Coast Guard Captain of the Port Hampton Roads.
[FR Doc. E9-16829 Filed 7-14-09; 8:45 am]
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