[Federal Register: January 22, 2003 (Volume 68, Number 14)]
[Rules and Regulations]
[Page 2884-2886]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja03-8]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD05-02-102]
RIN 2115-AE84
Regulated Navigation Area; Chesapeake Bay Entrance and Hampton
Roads, VA and Adjacent Waters
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Commander, Fifth Coast Guard District is temporarily expanding
the geographic definition of the Hampton Roads Regulated Navigation
Area to include the waters of the 12 nautical mile territorial sea off
the Coast of Virginia and by adding new port security measures, in
order to improve the safety and security of vessel traffic at the
entrance to Chesapeake Bay and Hampton Roads, Virginia. The effect of
this temporary rule will be to ensure the safety and security of the
boating public, local military commands, and commercial shipping
interests in the area.
DATES: This temporary final rule is effective from December 20, 2002 to
June 15, 2003.
ADDRESSES: Documents as indicated in this preamble 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: Lieutenant Monica Acosta, project
officer, USCG Marine Safety Office Hampton Roads, telephone number
(757) 441-3453.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation and the rule takes effect immediately. Under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing an NPRM. Immediate action is necessary to ensure the safety
and security of the public, naval vessels moored at Naval Station
Norfolk, and the commercial shipping industry in Hampton Roads, VA.
There have been recent reports, all a matter of public record, that
indicate a continuing high risk of terrorist activity in the United
States. Based on these reports, the Fifth Coast Guard District
Commander has determined a heightened security condition in the Port of
Hampton Roads is required. Delay in implementing these changes,
therefore, would be contrary to the public interest.
For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this temporary rule effective
less than 30 days after publication in the Federal Register.
Background and Purpose
This temporary rule is necessary for the District Commander to
reduce the potential threat to the Port of Hampton Roads, VA and
surrounding waterways. The Coast Guard, as lead federal agency for
maritime homeland security, must have the means to be aware of, deter,
detect, intercept, and respond to asymmetric threats, acts of
aggression,
[[Page 2885]]
and attacks by terrorists on the American homeland while at the same
time maintaining our freedoms and sustaining the flow of commerce. The
Coast Guard implements Limited Access Areas, listed in 33 CFR part 165,
in order to control vessel movements within Captain of the Port Zones.
A Regulated Navigation Area is a type of Limited Access Area that may
be used to control vessel traffic by specifying times of vessel entry,
movement, or departure to, from, within, or through ports, harbors or
other waters. The temporary rule the District Commander has established
by this rulemaking allows for differentiation between lawful and
unlawful maritime activities without unreasonably disrupting the free
flow of commerce.
The District Commander has created a series of validation
procedures to identify legitimate users of the Port of Hampton Roads.
Validation procedures for vessels in excess of 300 GT, including tug
and barge combinations in excess of 300 gross tons combined, include
the following:
1. Vessels must check in with the Captain of the Port or his
representative at least thirty minutes prior to entry to obtain
permission to transit the Regulated Navigation Area.
2. Upon authorization and approval by the Captain of the Port or
his representative, the vessel may enter the Regulated Navigation Area.
3. All vessels that receive permission to enter the Regulated
Navigation Area remain subject to a Coast Guard port security boarding.
4. Thirty minutes prior to getting underway, vessels departing or
moving within the Regulated Navigation Area must contact the Captain of
the Port or his representative via VHF-FM channel 13 or 16, call (757)
444-5209/5210, or call (757) 441-3298 for the Captain of the Port
Command Duty Officer.
The Captain of the Port will notify the public of changes in the
status of the port security requirements by marine information
broadcast on VHF-FM marine band radio, channel 22A (157.1 MHz)
Regulatory Evaluation
This temporary final rule is not a significant regulatory action
under section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. It has not been reviewed by the Office of Management and
Budget 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
only those vessels in excess of 300 GT that enter and depart the Port
of Hampton Roads and it is implemented for a limited duration.
Therefore, we expect the economic impact of this temporary final rule
to be so minimal that a full Regulatory Evaluation under paragraph 10e
of the regulatory policies and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this temporary rule will have a significant economic
impact on a substantial number of small entities. ``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
temporary rule will not have a significant economic impact on a
substantial number of small entities. This temporary rule will affect
only the following entities, some of which may be small entities:
owners and operators of commercial vessels larger than 300 gross tons
intending to transit or anchor in the Regulated Navigation Area.
Because the number of small entities owning/operating commercial
vessels of this size is not substantial, the rule is for a limited
duration, and there is little anticipation of delay when requesting
entry into the Area, the economic impact of this temporary rule should
be minimal.
If, however, you believe that your business or organization
qualifies as a small entity and that this temporary rule will have a
significant economic impact on your business or organization, please
submit a comment (see ADDRESSES) explaining why you believe it
qualifies and in what way and to what degree this temporary rule will
economically affect it.
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).
Collection of Information
This temporary rule does not provide for a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
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 temporary rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates
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 temporary rule will not result in such
expenditure, we do discuss the effects of this temporary rule elsewhere
in this preamble.
Taking of Private Property
This temporary 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 temporary 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 temporary rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This temporary 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.
[[Page 2886]]
Indian Tribal Governments
This temporary 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 temporary 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
The Coast Guard considered the environmental impact of this
temporary final rule and concluded that under figure 2-1, paragraph
(34)(g) of Commandant Instruction M16475.lC, this temporary final rule
is categorically excluded from further environmental documentation.
This temporary rule seeks to modify a well-established Regulated
Navigation Area, and will be in effect for 6 months. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
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 December 20, 2002, until June 15, 2003, in Sec. 165.501,
temporarily suspend paragraph (a)(1) and add new paragraphs (a)(13),
(d)(15) and (d)(16) to read as follows:
165.501 Chesapeake Bay entrance and Hampton Roads, VA and adjacent
waters-regulated navigation area.
(a) * * *
(1) A line drawn due east from the mean low water mark at the North
Carolina/Virginia border at latitiude 36[deg]33'03'' N, longitude
75[deg]52'00'' W, to the Territorial Seas boundary line at latitiude
36[deg]33'05'' N, longitude 75[deg]36'51'' W, thence generally
northeastward along the Territorial Seas boundary line to latitiude
38[deg]01'39'' N, longitude 74[deg]57'18'' W, thence due west to the
mean low water mark at the Maryland/Virginia border at latitiude
38[deg]01'39'' N, longitude 75[deg]14'30'' W.
* * * * *
(d) * * *
(15) Port Security Requirements. No vessel in excess of 300 gross
tons, including tug and barge combinations in excess of 300 gross tons
(combined), shall enter the Regulated Navigation Area, move within the
Area, or be present within the Area unless it complies with the
following requirements.
(i) Obtain authorization to enter the Regulated Navigation Area
from the Captain of the Port or his representative at least thirty
minutes prior to entering the Regulated Navigation Area. All vessels
entering or remaining in the Area may be subject to a Coast Guard
boarding.
(ii) Follow all instructions issued by the Captain of the Port or
his representative.
(iii) Ensure that no person who is not a permanent member of the
vessel's crew, or a member of a Coast Guard boarding team, boards the
vessel without presenting valid photo identification.
(iv) Report any departure from or movement within the Regulated
Navigation Area to the Captain of the Port or his representative at
least 30 minutes prior to getting underway.
(v) Contact the Captain of the Port or his representative on VHF-FM
channel 13 or 16, or by calling (757) 444-5209, (757) 444-5210, or
(757) 441-3298
(vi) In addition to the authorities listed in this part, this
paragraph is promulgated under the authority under 33 U.S.C. 1226.
(16) For purposes of the port security requirements in paragraph
(d)(15) of this section, the Captain of the Port or his representative
means any official designated by the Captain of the Port including, but
not limited to, any Coast Guard patrol vessel. All patrol vessels shall
display the Coast Guard Ensign at all times when underway.
* * * * *
Dated: December 20, 2002.
J. D. Hull,
Vice Admiral, Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-1008 Filed 1-21-03; 8:45 am]
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