[Federal Register: December 20, 2002 (Volume 67, Number 245)]
[Rules and Regulations]
[Page 77924-77926]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de02-5]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD05-02-097]
RIN 2115-AA97
Safety Zone; James River, Newport News, Virginia
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing the USS RONALD REAGAN, moored at Newport News Shipbuilding
south side Pier 2. This action is intended to restrict vessel traffic
on the James River within a 1000-foot radius of the vessel. The safety
zone is necessary to protect mariners from the hazards associated with
catapult testing being conducted on the USS RONALD REAGAN.
DATES: This rule is effective from 6 a.m. on December 16, 2002 to 8
p.m. on December 22, 2002.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-02-097 and are available for
inspection or copying at USCG Marine Safety Office Hampton Roads, 200
Granby Street, Norfolk, Virginia, 23510 between 9:30 a.m. and 2 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Monica Acosta, project officer,
USCG Marine Safety Office Hampton Roads, at (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) and 553(d)(3), the Coast Guard
finds that good cause exists for not publishing a NPRM and making this
regulation effective less than 30 days after publication in the Federal
Register. Because of the danger posed by the catapult testing, a
limited access area is necessary to provide for the safety of mariners.
For the safety concerns noted, it is in the public interest to have
these regulations in effect during the testing.
Background and Purpose
The Coast Guard is establishing a temporary safety zone
encompassing the USS RONALD REAGAN, moored at Newport News Shipbuilding
south side Pier 2 while conducting catapult dead load testing. The
safety zone will restrict vessel traffic on a portion of the James
River, within a 1000-foot radius of the USS RONALD REAGAN. The safety
zone is necessary to protect mariners from the hazards associated with
the catapult testing. The safety zone will be effective from 6 a.m. on
December 16, 2002 to 8 p.m. on December 22, 2002. Entry into this zone
is prohibited unless authorized by the Captain of the Port, Hampton
Roads or his designated representative. Public notifications will be
made prior to the testing via marine information broadcasts.
Discussion of Rule
The Coast Guard is establishing a safety zone within a 1000-foot
radius of the USS RONALD REAGAN, moored at Newport News Shipbuilding
south side Pier 2. The temporary regulations will be enforced from 6
a.m. December 16, 2002 through 8 p.m. December 22, 2002, and will
restrict general navigation in the safety zone during the testing.
Except for participants and vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in the
regulated area.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979).
This temporary final rule will affect a limited area for less than
one week during daylight hours only. Advance
[[Page 77925]]
notification via marine information broadcasts will enable mariners to
plan their transit to avoid the safety zone.
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 and operators of vessels intending to
transit or anchor in that vicinity of the James River from 6 a.m. to 8
p.m. on December 16, 2002 through December 22, 2002.
The effect of this rule will not be significant because of its
limited duration and the extensive advance notifications that will be
made to the maritime community via Local Broadcast Notices to Mariners
and marine information broadcasts so 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 offered to assist small
entities in understanding the rule so that they could 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).
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 an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This 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 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 is a safety zone one week in
duration.
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
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. From 6 a.m. on December 16, 2002, to 8 p.m. on December 22,
2002, add a temporary Sec. 165.T05-097 to read as follows:
Sec. 165.T05-097 Safety Zone; James River, Newport News, Virginia
(a) Location. The following area is a safety zone: all waters of
the James River within 1000 feet of the USS RONALD REAGAN, moored at
Newport News Shipbuilding south side Pier 2.
(b) Captain of the Port. Captain of the Port means the Commanding
Officer of the Marine Safety Office Hampton Roads, Norfolk, VA or any
Coast Guard commissioned, warrant, or petty officer who has been
authorized to act on his behalf.
(c) Regulations. (1) All persons are required to comply with the
general regulations governing safety zones found in Sec. 165.23 of
this part.
(2) Persons or vessels requiring entry into or passage through a
safety zone must first request authorization from the Captain of the
Port. The Captain of the
[[Page 77926]]
Port's representative enforcing the safety zone can be contacted on VHF
marine band radio, channels 13 and 16. The Captain of the Port can be
contacted at (757) 668-5555.
(3) The Captain of the Port will notify the public of changes in
the status of this safety zone by marine information broadcast on VHF
marine band radio, channel 22 (157.1 MHz).
(d) Enforcement period. This section will be enforced from 6 a.m.
to 8 p.m. on December 16, 2002 through December 22, 2002.
Dated: December 16, 2002.
L. M. Brooks,
Captain, Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 02-32141 Filed 12-19-02; 8:45 am]
BILLING CODE 4910-15-P