[Federal Register: February 5, 2003 (Volume 68, Number 24)]
[Rules and Regulations]
[Page 5833-5835]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe03-21]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD05-03-007]
RIN 2115-AA97
Security Zone: Chesapeake Bay, Elizabeth River, Port of Hampton
Roads, Virginia
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a security zone encompassing
the grounds, piers and waterside of Norfolk International Terminals,
Norfolk, Virginia. This zone is needed to prevent destruction, loss, or
injury to military equipment and supplies while military operations are
being carried out at Norfolk International Terminals. The Captain of
the Port, Hampton Roads, Virginia will enforce a security zone
consisting of the Norfolk International Terminals property enclosed
within the perimeter fence and extending westerly from the shoreline at
position 36[deg]-56.001' North latitude, 76[deg]-19.726' West longitude
to a point at 36[deg]-55.996' North latitude, 76[deg]-20.152' West
longitude, thence southerly to a point at 36[deg]-54.762' North
latitude, 76[deg]-20.244' West longitude, then southeasterly to a point
at 36[deg]-53.854' North latitude, 76[deg]-20.093' West longitude, then
to the shoreline at position 36[deg]-54.216' North latitude, 76[deg]-
19.481' West longitude. Individuals or vessels will not be allowed to
enter the security zone at Norfolk International Terminals, except as
permitted by the Captain of the Port or his designated representative.
Movement of individuals and vehicles within Norfolk International
Terminals may be restricted or prohibited.
DATES: This section is effective from 5 a.m. January 28, 2003 to 11:59
p.m. February 4, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-03-007 and are available for
inspection or copying at USCG Marine Safety Office Hampton Roads, 200
Granby Street, Suite 700, Norfolk, Virginia, 23510, between 9:30 a.m.
and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Mike Dolan, project officer, USCG
Marine Safety Office Hampton Roads, telephone number (757) 668-5590.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b) (B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM, which
would incorporate a comment period before a final rule was issued,
would be contrary to the public interest since immediate action is
needed to prevent destruction, loss or injury to resources involved in
the military operations taking place in the vicinity of the Norfolk
International Terminals.
Discussion of Rule
A security zone is being established encompassing the grounds,
piers and waterside of Norfolk International Terminals, Norfolk,
Virginia from 5 a.m. January 28, 2003 until 11:59 p.m. February 4,
2003. This zone is needed to safeguard materials and persons in the
vicinity from sabotage or other subversive acts, accidents, or other
causes of a similar nature while military operations are being
conducted. This security zone will encompass the Virginia Port
Authority property known as Norfolk International Terminals, at 7737
Hampton Blvd, Norfolk, Virginia, 23505, including all property that is
enclosed by the perimeter fence. The security zone will also include
the waters of the Elizabeth River in proximity to Norfolk International
Terminals, as bounded by a line extending westerly from the shoreline
at position 36[deg]-56.001' North latitude, 76[deg]-19.726' West
longitude to a point at 36[deg]-55.996' North latitude, 76[deg]-20.152'
West longitude, thence southerly to a point at 36[deg]-54.762' North
latitude, 76[deg]-20.244' West longitude, then southeasterly to a point
at 36[deg]-53.854' North latitude, 76[deg]-20.093' West longitude, then
to the shoreline at position 36[deg]-54.216' North latitude, 76[deg]-
19.481' West longitude. The security zone will be enforced from 5 a.m.
January 28, 2003 until 11:59 p.m. February 4, 2003. U.S. Coast Guard
personnel will be on scene at all times while the security zone is in
effect. U.S. Coast Guard vessels will enforce the security zone over
the water whenever a vessel involved in the military operation is
inside the security zone. Commercial and recreational boats will not be
permitted to enter the security zone, except as permitted by the
Captain of the Port.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory
[[Page 5834]]
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. It is not
``significant'' under the regulatory policies and procedures of the
Department of Transportation (DOT) (44 FR 11040, February 26, 1979).
Although this regulation restricts access to the regulated area,
the effect of this regulation will not be significant because: (i) The
COTP may authorize access to the security zone; (ii) the security zone
will be in effect for a limited duration; and (iii) the Coast Guard
will make notifications via maritime advisories so mariners can adjust
their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' include 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. section 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 and operators of vessels intending to
transit or anchor within the security zone established at Norfolk
International Terminals, from 5 a.m. January 28, 2003 until 11:59 p.m.
February 4, 2003.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. If the rule
will affect your small business, organization, or government
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
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).
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 expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
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.
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that under Figure 2-1, Paragraph (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. This rule is less than one week in
duration.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and Record
Keeping Requirements, Security measures, Vessels, 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
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T05-007, to read as follows:
Sec. 165.T05-007 Security Zone: Chesapeake Bay, Elizabeth River, Port
of Hampton Roads, Virginia.
(a) Location: The following area is a security zone: The grounds of
the Norfolk International Terminals, Norfolk, Virginia, enclosed by a
fence surrounding the perimeter, and the waters of the Elizabeth River
in proximity to Norfolk International Terminals, as encompassed by a
line
[[Page 5835]]
drawn westerly from the shoreline at position 36[deg]-56.001' North
latitude, 76[deg]-19.726' West longitude to a point at 36[deg]-55.996'
North latitude, 76[deg]-20.152' West longitude, thence southerly to a
point at 36[deg]-54.762' North latitude, 76[deg]-20.244' West
longitude, then southeasterly to a point at 36[deg]-53.854' North
latitude, 76[deg]-20.093' West longitude, then to the shoreline at
position 36[deg]-54.216' North latitude, 76[deg]-19.481' West
longitude.
(b) Definitions: The designated representative of the Captain of
the Port is 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.
(1) The Captain of the Port, Hampton Roads and the Command Duty
Officer at the Marine Safety Office, Norfolk, Virginia can be contacted
at telephone Number (757) 668-5555.
(2) The Coast Guard vessels enforcing the security zone can be
contacted on VHF--FM channels 13 and 16.
(c) Regulation: (1) In accordance with the general regulations in
165.33 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads, Virginia, or his
designated representatives.
(2) The operator of any vessel in the immediate vicinity of this
security zone shall:
(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.
(ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a U.S. Coast Guard Ensign.
(d) Effective date: This section is effective from 5 a.m. January
28, 2003 until 11:59 p.m. February 4, 2003.
Dated: January 28, 2003.
Lawrence M. Brooks,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 03-2695 Filed 2-4-03; 8:45 am]
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