[Federal Register: April 23, 2007 (Volume 72, Number 77)]
[Rules and Regulations]
[Page 20053-20055]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap07-11]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-07-015]
RIN 1625-AA00
Security Zone: America's 400th Celebration, Jamestown, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The United States Coast Guard is establishing a security zone
encompassing waters within 2-nautical miles of Church Point at 37-
12.45N, 076-46.66W, 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: This rule is effective from 3 p.m. on May 11, 2007 until 10 p.m.
on May 13, 2007.
ADDRESSES: 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:
Regulatory Information
On March 12, 2007, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zone: America's 400th Celebration,
Jamestown, VA,'' in the Federal Register (72 FR 10958). We received no
letters commenting on the proposed rule. No public hearing was
requested, and none was held.
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 11, 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 Comments and Changes
The Coast Guard received no comments from the public regarding the
Notice of Proposed Rulemaking. As no public comments were received, no
changes were made to the Notice of Proposed Rulemaking.
Discussion of Rule
The Coast Guard is establishing 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 11, 2007, until 10 p.m. on May 13, 2007. 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.
The security zone will encompass all waters around Jamestown
Island, VA within a 2-nautical mile radius of Church Point at 37-
12.45N, 076-46.66W. 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 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 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 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.
However, this 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
[[Page 20054]]
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 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 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.
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 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 rule should be categorically excluded,
under figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. A final ``Environmental Analysis Check
List'' and a final ``Categorical Exclusion Determination'' will be
available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting &
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard proposes to
amend 33 CFR part 165 subpart D 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.
0
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
165.33 of this part, entry into this zone as described in paragraph (a)
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
[[Page 20055]]
(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 period. This regulation is effective from 3 p.m. on
May 11, 2007, to 10 p.m. on May 13, 2007.
Dated: April 6, 2007.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E7-7669 Filed 4-20-07; 8:45 am]
BILLING CODE 4910-15-P