[Federal Register: February 10, 2004 (Volume 69, Number 27)]
[Rules and Regulations]
[Page 6158-6160]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe04-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-04-011]
RIN 1625-AA00
Security Zone; Chesapeake Bay, Hampton Roads, Elizabeth River, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone
encompassing all waters surrounding P/V MAASDAM, to ensure the security
of the vessel during inbound and outbound transits in the Port of
Hampton Roads, and while the vessel is berthed at Nauticus
International Terminal. The security zone will extend in a 500-yard
radius around P/V MAASDAM and require that all vessels transiting
within 500 yards of P/V MAASDAM operate only at the minimum speed
necessary to maintain course. No vessels are allowed within 100 yards
of P/V MAASDAM without authorization by the Captain of the Port,
Hampton Roads, or his designated representative.
DATES: This rule is effective from January 20, 2004, to April 24, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-04-011 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, 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), the Coast Guard finds that good
cause exists for not publishing an NPRM. The Holland America cruise
line only recently finalized arrangements with Federal and local
agencies to allow the P/V MAASDAM to conduct regular passenger cruises
from Norfolk. As a result, the Coast Guard received the final schedule
for the MAASDAM in January 2004. Coast Guard policy dictates that the
Captain of the Port will provide for the security of high-capacity
passenger vessels, and this security zone is necessary for that
purpose.
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 protect this vessel from potential
security threats. For similar reasons, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register.
Background and Purpose
Following terrorist attacks on the United States in September 2001,
there is a heightened awareness that vessels or persons could launch
subversive activity against passenger ships. These regulations are
necessary to protect the vessel, its passengers, and its crew from
these potential threats. The Coast Guard is establishing a temporary
security zone to ensure the vessel's safe inbound and outbound
transits, and to protect the vessel while moored at Nauticus
International Terminal.
Discussion of Rule
The Coast Guard is establishing temporary security zones to ensure
safe transits and port calls for the P/V MAASDAM. The security zones
will be activated while the P/V MAASDAM transits in the Port of Hampton
Roads, and while it is berthed at Nauticus International Terminal. This
rule is effective from January 20, 2004, to April 24, 2004. The
security zone will extend in a 500-yard radius around P/V MAASDAM. All
vessels within 500 yards must operate only at the minimum speed
necessary to maintain course. No vessels are allowed within 100 yards
of P/V MAASDAM without authorization by the Captain of the Port,
Hampton Roads, or his designated representative. This rule will provide
for increased security of the vessel and other vessels transiting in
the area, and will allow the uninterrupted flow of commerce in the Port
of Hampton Roads. Public notifications will be made prior to the
transit via marine information broadcasts.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory
[[Page 6159]]
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).
Although this rule restricts access to the regulated area, the
effect of this rule will not be significant because: (i) The COTP may
authorize access to the security zone; (ii) the security zones 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), we have
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. 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 a 500-yard radius of P/V MAASDAM as she
transits the Port of Hampton Roads, and while she is berthed at the
Nauticus International Terminal.
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 could 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 an 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 analyzed this rule under Commandant Instruction M16475.1D,
which guides 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, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation because it creates temporary security
zones. A final ``Environmental Analysis Check List'' and a final
``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, subpart F, 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: 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.
[[Page 6160]]
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2. Add temporary Sec. 165.T05-011, to read as follows:
Sec. 165.T05-011 Security Zone: Chesapeake Bay, Hampton Roads and
Elizabeth River, Virginia.
(a) Location. The following area is a security zone: All waters
within a 500-yard radius around the P/V MAASDAM, while the vessel
transits through the Captain of the Port Hampton Roads zone, and while
berthed at Nauticus International Terminal.
(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.
(c) Contact information. The Captain of the Port, Hampton Roads and
the Command Duty Officer at the Marine Safety Office Hampton Roads,
Norfolk, Virginia, can be contacted at telephone Number (757) 668-5555
or (757) 484-8192. The Coast Guard vessels enforcing the security zone
can be contacted on VHF-FM channels 13 and 16.
(d) Regulation: (1) Under Sec. 165.33, vessels are prohibited from
entering within 100 yards of the P/V MAASDAM, unless authorized by the
Captain of the Port, Hampton Roads, Virginia, or his designated
representatives. Vessels within 500 yards of the P/V MAASDAM must
operate only at the minimum speed necessary to maintain course.
(2) The operator of any vessel in any part of this security zone
must:
(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.
(iii) Operate at minimum speed within a 500-yard radius of P/V
MAASDAM.
(e) Effective period: This section is effective from January 20,
2004, to April 24, 2004.
Dated: January 16, 2004.
Robert R. O'Brien, Jr.,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 04-2742 Filed 2-9-04; 8:45 am]
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