[Federal Register Volume 75, Number 145 (Thursday, July 29, 2010)]
[Rules and Regulations]
[Pages 44720-44723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18634]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0585]
RIN 1625-AA00
Safety Zone; Live-Fire Gun Exercise, M/V Del Monte, James River,
VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing the M/V Del Monte. This safety zone will restrict vessel
traffic on a portion of the James River in the vicinity of the James
River Reserve Fleet within a 1500 foot radius of the M/V Del Monte.
This action is intended to restrict vessel traffic movement on
specified waters of the James River to protect mariners from the
hazards associated with live fire and explosive training events.
DATES: This rule is effective from 8 a.m. on August 2, 2010 to 4 p.m.
on August 6, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0585 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0585 in the
``Keyword'' box, and then clicking ``Search.'' They
[[Page 44721]]
are also available for inspection or copying at the 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, 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 e-mail LT Tiffany Duffy, Chief Waterways
Management, Sector Hampton Roads, Coast Guard; telephone 757-668-5580,
e-mail [email protected]. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. The Coast Guard is establishing this safety zone to
facilitate mission-essential training directly related to military
operations and national security. Accordingly, based on the military
function exception to the Administrative Procedure Act, 5 U.S.C.
553(a)(1), notice and comment rulemaking under 5 U.S.C. 553(b) and an
effective date of 30 days after publication under 5 U.S.C. 553(d) are
not required for this rule.
Even if the Coast Guard were required to comply with the notice and
comment provisions of the Administrative Procedure Act, under 5 U.S.C.
553(b)(B), we find that good cause exists for not publishing an NPRM.
This exercise is necessary to train and qualify Navy personnel in the
use of weapons. This training is necessary to ensure that Navy
personnel located within the Fifth Coast Guard District are properly
trained and qualified before conducting military and national security
operations for use in securing ports and waterways. Navy policy
requires that Navy personnel meet and maintain certain qualification
standards before being allowed to carry weapons on board vessels.
Failure to conduct this required training at this time will result in a
lapse in personnel qualification standards and, consequently, the
inability of Navy personnel to carry out important national security
functions at any time. It is impracticable, unnecessary, and contrary
to public interest to delay the issuance of this rule.
Basis and Purpose
Coast Guard Sector Hampton Roads was notified that the U.S. Navy
will conduct a live fire and explosive training event onboard the M/V
Del Monte in the vicinity of the James River Reserve Fleet. The event
is scheduled to take place from August 2, 2010 to August 6, 2010. Due
to the need to protect mariners transiting on the James River in the
vicinity of the exercise from the hazards associated with live fire and
explosive events, the Coast Guard is establishing a safety zone bound
by a 1500 foot radius around approximate position 37[deg]06'11'' N/
076[deg]38'40'' W (NAD 1983). Access to this area will be temporarily
restricted for public safety purposes.
Discussion of Rule
The Coast Guard is establishing a 1500 foot radius safety zone on
specified waters of James River around approximate position
37[deg]06'11'' N/076[deg]38'40'' W (NAD 1983) in the vicinity of the
James River Reserve Fleet. This safety zone is being established in the
interest of public safety during the live fire and explosive training
exercise and will be enforced from 8 a.m. on August 2, 2010 to 4 p.m.
on August 6, 2010. 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 Representative, no person or vessel may
enter or remain in the safety zone.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This 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. 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. For the above reasons, the Coast Guard does not
anticipate any significant economic impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 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 or operators of vessels intending to transit
or anchor in a portion of the James River from 8 a.m. on August 2, 2010
to 4 p.m. on August 6, 2010. 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 effective period of August 2,
2010, maritime advisories will be issued allowing mariners to 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 offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
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
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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 (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.
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.
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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 concluded
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 a temporary
safety zone that will be in effect for only five days and is intended
to keep mariners safe from the hazards associated with live fire and
explosive exercises. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 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.T05-0585 to read as follows:
Sec. 165.T05-0585 Safety Zone; Live-Fire Gun Exercise, M/V Del Monte,
James River, VA
(a) Location. The following area is a safety zone: All waters in
the vicinity of the James River Reserve Fleet on the James River within
a 1500 foot radius of position 37[deg]06'11'' N./076[deg]38'40'' W.
(NAD 1983).
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port, Hampton Roads, Virginia (COTP) in the enforcement
of the safety zone.
(c) Regulations. (1) Under the general regulations in Sec. 165.23,
entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the COTP or the COTP's designated
representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or the COTP's designated representative.
(d) Enforcement and suspension of enforcement of certain safety
zones. (1) The safety zone in paragraph (a) of this section will be
enforced only when a Coast Guard vessel or Navy asset is operating in
the safety zone for the purpose of conducting gunnery exercises.
(2) A notice will be published in the Federal Register announcing
when the safety zone in paragraph (a) of this section will be enforced.
(3) The COTP will provide notice of the enforcement of the safety
zones listed in paragraph (a) of this section and notice of suspension
of enforcement by the means appropriate to affect the widest publicity,
including broadcast
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notice to mariners and publication in the local notice to mariners.
(d) Enforcement period. This section is effective from 8 a.m. on
August 2, 2010 to 4 p.m. on August 6, 2010.
Dated: July 15, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2010-18634 Filed 7-28-10; 8:45 am]
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