[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Proposed Rules]
[Pages 50571-50574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19986]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0693]
RIN 1625-AA00
Safety Zone; Elizabeth River; Portsmouth, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rule Making.
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SUMMARY: The Coast Guard proposes to establish a safety zone on the
navigable waters of the Elizabeth River in the vicinity of the Midtown
Tunnel, Portsmouth, Virginia for 12 periods of 48 hours each beginning
at midnight on January 1, January 12, January 19, January 22, January
27, February 9, March 2, March 5, March 10, March 23, March 30 and
April 6, 2015. This proposed safety zone is intended to restrict vessel
movement in the specified area during the construction of the new
Midtown Tunnel. This action is necessary to provide for the safety of
life and property on the surrounding navigable waters during the
aforementioned dates due to the increased amount of work vessels in the
area.
DATES: Comments and related material must be received by the Coast
Guard on or before September 24, 2014.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
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
[[Page 50572]]
[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 Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to www.regulations.gov, type the
docket number [USCG-2014-0693] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number [USCG-2014-0693] 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. However, you may
submit a request for one at least 15 days prior to the end of the
comment period specified in DATES, using one of the methods specified
under ADDRESSES. Please explain why you believe a public meeting would
be beneficial. If we determine that a public meeting would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
B. Regulatory History and Information
SKW Constructors is constructing a new Midtown Tunnel in the
Elizabeth River connecting Norfolk, VA to Portsmouth, VA. The project
has been ongoing since 2011. This is the first stage of construction
that requires a closure of the waterway.
C. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 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; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
Due to increased vehicle traffic in the Hampton Roads area, SKW
Constructors, in concert with Elizabeth River Crossings and the
Virginia Department of Transportation, is constructing a second tunnel
parallel to the existing Midtown Tunnel between Norfolk, VA and
Portsmouth, VA. The construction will consist of submerging segments of
the new Midtown Tunnel in the Elizabeth River. Due to the high volume
of working vessels and submerged equipment, the Coast Guard proposes to
close the Elizabeth River for twelve 48-hour periods to allow SKW
Constructors to install the segments of the tunnel that overlap the
federal channel. The Coast Guard proposes to establish a safety zone in
a portion of the Elizabeth River between Elizabeth River Channel Buoy
31 (LLNR 9835) and Elizabeth River Channel Buoy 34 (LLNR 9835). The
proposed closures will last 48 hours in length, with each respective
period beginning on January 1, January 12, January 19, January 22,
January 27, February 9, March 2, March 5, March 10, March 23, March 30
and April 6, 2015. The dates and hours are subject to change due to
weather, scheduling conflicts, equipment failure and other unforeseen
factors. Any changes to these dates will be listed in the Final Rule
and communicated via marine information broadcasts.
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 Elizabeth River, from Elizabeth
River Channel Buoy 31 (LLNR 9835) to Elizabeth River Channel Buoy 34
(LLNR 9855) across the entire width of the channel, in the vicinity of
Portsmouth, VA. This proposed safety zone will be enforced for twelve
48 hour periods beginning at midnight on January 1, January 12, January
19, January 22, January 27, February 9, March 2, March 5, March 10,
March 23, March 30 and April 6, 2015. In the event of inclement weather
that prevents the necessary work from taking place safely, each time
period may be pushed back by up to 24 hours. Appropriate notifications
will be made via marine information broadcasts in the event of a change
in the schedule as soon as possible. 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
[[Page 50573]]
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 Elizabeth River in the vicinity
of Portsmouth, VA. Although these regulations prevent traffic from
transiting a portion of the Elizabeth River during the construction,
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 Elizabeth
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, (ii) before
the enforcement period, maritime advisories will be issued allowing
mariners to adjust their plans accordingly, and (iii) the Captain of
the Port may grant permission to transit through the zone on a limited
basis.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed 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
INFORMATION 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 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 From Environmental Health Risks
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
[[Page 50574]]
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.T05-0693 to read as follows:
Sec. 165.T05-0693 Safety Zone, Elizabeth River; Portsmouth, VA
(a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, U.S. Coast Guard Sector Hampton Roads.
Representative means any Coast Guard commissioned, warrant, or petty
officer who has been authorized by the Captain of the Port Hampton
Roads to assist in enforcing the security zone described in paragraph
(b) of this section.
(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 Elizabeth River between Elizabeth River Channel Buoy
31 and Elizabeth River Channel Buoy 34, across the entire width of the
federal channel.
(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
Representative.
(2) Persons desiring to transit the area of the security zone must
first obtain authorization from the Captain of the Port Hampton Roads
or his designated Representative. The Coast Guard vessels enforcing
this section can be contacted on Marine Band Radio, VHF-FM channel 16
(156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other
Federal, State, or local agency vessel, by siren, radio, flashing
light, or other means, the operator of a vessel shall proceed as
directed. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port Hampton Roads or his
designated Representative and proceed at the minimum speed necessary to
maintain a safe course while within the zone.
(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. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement Period: This section will be enforced from 12 a.m.
January 1 to 11:59 p.m. January 2, 2015; 12:00 a.m. January 12 to 11:59
p.m. January 13, 2015; 12 a.m. January 19 to 11:59 p.m. January 20,
2015; 12 a.m. January 22 to 11:59 p.m. January 23, 2015; 12 a.m.
January 27 to 11:59 p.m. January 28, 2015; 12 a.m. February 9 to 11:59
p.m. February 10, 2015; 12 a.m. March 2 to 11:59 p.m. March 3, 2015; 12
a.m. March 5 to 11:59 p.m. March 6, 2015; 12 a.m. March 10 to 11:59
p.m. March 11, 2015; 12 a.m. March 23 to 11:59 p.m. March 24, 2015; 12
a.m. March 30 to 11:59 p.m. March 31, 2015; and 12 a.m. April 6 to
11:59 p.m. April 7, 2015. In the event of inclement weather, each date
will be shifted up to 24 hours later.
Dated: August 8, 2014.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2014-19986 Filed 8-22-14; 8:45 am]
BILLING CODE 9110-04-P