[Federal Register: March 12, 2007 (Volume 72, Number 47)]
[Proposed Rules]
[Page 10958-10960]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr07-23]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-07-015]
RIN 1625-AA87
Security Zone: America's 400th Celebration, Jamestown, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The United States Coast Guard is establishing a security zone
encompassing waters within 2-nautical miles of Church Point at 37-12.45
N, 076-46.66 W, Jamestown Island, VA, for America's 400th Anniversary
celebration. This action is intended to restrict vessel traffic within
the security zone. This security zone is necessary to protect attendees
of this event from potential maritime hazards and threats and enhance
public and maritime security.
DATES: Comments and related material must reach the Coast Guard on or
before March 27, 2007.
ADDRESSES: You may mail comments and related material to the attention
of LCDR Thomas Tarrants at the address listed below. Documents
indicated in this preamble as being available in the docket are part of
docket CGD05-07-015 and are available for inspection or copying at USCG
Sector Hampton Roads, 4000 Coast Guard Blvd., Portsmouth, Virginia
23703, between 9:30 a.m. and 2 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: LCDR Thomas Tarrants, Enforcement
Branch Chief, U.S. Coast Guard Sector Hampton Roads, Virginia at (757)
483-8571.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking CGD05-07-
015, indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
that your submission reached us, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them. Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for a comment period shorter than 30
days. This security zone of short duration is needed to provide for the
security of persons at the event, and a shortened comment period
provides the public the ability to comment while ensuring the security
zone is in place before the event.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Sector Hampton Roads at the address
under ADDRESSES explaining why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a separate notice in the Federal Register.
Background and Purpose
Following terrorist attacks on the United States in September 2001,
there is now a heightened awareness that vessels or persons could
engage in subversive activity against targets ashore in the United
States. This regulation is necessary to protect attendees of America's
400th Anniversary celebration on Jamestown Island, VA, from potential
maritime threats. This temporary security zone will only be in effect
from 3 p.m. on May 11th, 2007 until 10 p.m. on May 13th, 2007. This
zone will have minimal impact on vessel transits because vessels can
request authorization from the Captain of the Port (COTP) to safely
transit through the zone and they are not precluded from using any
portion of the waterway except the security zone area itself.
Additionally, public notifications announcing this regulation will be
made via marine information broadcasts prior to the zone taking effect.
Discussion of Rule
The Coast Guard is proposing to establish a temporary security zone
on specified waters to provide protection to dignitaries visiting
Jamestown Island. The security zone will be effective from 3 p.m. on
May 11th, 2007, until 10 p.m. on May 13th, 2007. The security zone
[[Page 10959]]
will encompass all waters around Jamestown Island, VA within a 2-
nautical mile radius of Church Point at 37-12.45 N, 076-46.66 W. No
persons or vessels may enter or remain in the regulated area without
authorization by the Captain of the Port, Hampton Roads, or his
designated representative.
Regulatory Evaluation
This proposed 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full regulatory evaluation under the regulatory policies
and procedures of DHS is unnecessary. Although this rulemaking
restricts access to the regulated area, the effect of this rulemaking
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; (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), we have
considered whether this proposed 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 proposed
rule will not have a significant economic impact on a substantial
number of small entities.
However, this proposed 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 between 3 p.m. on May 11, 2007, to 10 p.m. on May 13, 2007. The
security zone will not have a significant impact on a substantial
number of small entities because the zone does not encompass a high
vessel traffic area, and vessels can request authorization from the
COTP to enter the zone. Maritime advisories will also be issued, so the
mariners can 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 want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the
rulemaking would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LCDR Thomas
Tarrants, Enforcement Branch Chief, U.S. Coast Guard Sector Hampton
Roads, Virginia at (757) 483-8571.
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 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 U.S. Coast Guard, call 1-888-REG-FAIR (1-
888-734-3247).
Collection of Information
This proposed 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 proposed 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 proposed rule will not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed 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 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.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed 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 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.
Energy Effects
We have analyzed this proposed 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.
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
[[Page 10960]]
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 proposed rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D and Department of Homeland Security Management Directive
5100.1, 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 that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, we believe that this proposed rule should be
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. A preliminary
``Environmental Analysis Check List'' is available in the docket where
indicated under ADDRESSES. Comments on this section will be considered
before we make the final decision whether this rule should be
categorically excluded from further environmental review.
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
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.
2. Add temporary Sec. 165.T05-015, to read as follows:
Sec. 165.T05-015 Security Zone: Jamestown Island, VA.
(a) Location: The following area is a security zone: All waters
within a 2-nautical-mile radius of Church Point at 37-12.45N, 076-
46.66W on Jamestown Island, VA.
(b) Definition: As used in this section; Designated 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 zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads, Virginia, or his
designated representative.
(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 the
Captain of the Port, Hampton Roads, Virginia, or his designated
representative on board a vessel displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by the Captain of the Port, Hampton Roads,
Virginia, or his designated representative 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) 668-5555.
(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: The security zone will be enforced from 3
p.m. until 10 p.m. on May 11, 2007; from 9 a.m. to 11 p.m. on May 12,
2007; and from 9 a.m. to 10 p.m. on May 13, 2007.
(e) Effective Date: This regulation is effective from 3 p.m. on May
11, 2007, to 10 p.m. on May 13, 2007.
Dated: February 27, 2007.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E7-4303 Filed 3-9-07; 8:45 am]
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