[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
[[Page 46699]]
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]
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