[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]
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