[Federal Register Volume 66, Number 206 (Wednesday, October 24, 2001)]
[Rules and Regulations]
[Pages 53712-53713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26817]
[[Page 53712]]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD05-01-066]
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: The Commander, Fifth Coast Guard District is adding vessel
speed limits, for certain vessels operating in the vicinity of Naval
Station Norfolk, to the existing regulated navigation area for the
Chesapeake Bay entrance and Hampton Roads, VA and adjacent waters. This
temporary rule is necessary to ensure the safety and security of naval
vessels that are moored at Naval Station Norfolk. The temporary rule
will require all vessels of 300 gross tons (GT) and greater to reduce
speed to eight knots (as over ground) in the vicinity of Naval Station
Norfolk, in order to improve security measures and reduce the potential
threat to Naval Station Norfolk security that may be posed by these
vessels.
DATES: This temporary final rule is effective from October 24, 2001 to
June 15, 2002.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-01-066 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: Lieutenant Junior Grade Monica Acosta,
USCG, 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
rulemaking, and the rule takes effective immediately. The changes made
by this temporary rule are specifically authorized under 33 U.S.C.
1223(a)(4) and 1226 as a response to the terrorist acts that occurred
on September 11, 2001, and to prevent similar occurrences. In response
to an October 9, 2001 request by the Navy, immediate action is
necessary to ensure the safety and security of naval vessels moored at
Naval Station Norfolk during large merchant vessel transits of the
Elizabeth River. Due to their large size and substantial momentum while
underway, and considering the close proximity of the shipping channel
to Naval Station Norfolk, merchant vessels greater than 300 GT pose a
potential threat to Naval Station Norfolk's security. Imposing this
speed limit will help provide better security alongside Naval Station
Norfolk as well as reduce the potential threat. Therefore, delay in
implementing these changes is contrary to the public interest, and the
Coast Guard finds under 5 U.S.C. 553(b)(B) and (d)(3) that notice and
comment rulemaking and advance publication are not required.
Background and Purpose
The Commander Naval Station Norfolk requested this rule to reduce
the potential threat to national security that may be posed by vessels
of 300 gross tons or greater as they pass the naval station. This
temporary modification of the RNA is necessary to ensure the safety and
security of naval vessels in the vicinity of Naval Station Norfolk. The
U.S. Navy or other federal agencies may assist the U.S. Coast Guard in
the enforcement of this rule.
No vessel of 300 gross tons or greater may proceed at a speed over
eight knots between Elizabeth River Channel Lighted Gong Buoy 5 (LL
9470) of Norfolk Harbor Reach and gated Elizabeth River Channel Lighted
Buoys 17 (LL 9595) and 18 (LL 9600) of Craney Island Reach. All vessels
less than 300 gross tons are exempt from this rule, as well as all
Public vessels as defined in 33 U.S.C. 1321, which states that a public
vessel means a vessel owned or bareboat-chartered and operated by the
United States, or by a State or political subdivision thereof, or by a
foreign nation, except when such vessel is engaged in commerce.
Regulatory Evaluation
This temporary 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, l979). This temporary
final rule will be in effect for less than nine months. During this
period, it is estimated to affect 3988 vessel transits. However, the
speed limit restrictions are only in effect for less than four miles,
and typical vessel speed is 10 knots, so the actual delay for each
vessel will be less than 6 minutes in each direction. Therefore, this
delay caused by the two-knot reduction in speed will be minimal.
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 temporary
rule will not have a significant economic impact on a substantial
number of small entities. This rule will only affect the following
entities, some of which may be small entities: The owners or operators
of vessels 300 gross tons or greater intending to transit Norfolk
Harbor Reach at speeds greater than eight knots. This rule will only
affect a limited portion of a vessel's total transit, and for only a
length of less than four miles. Deep-draft vessels typically transit
this area at approximately 10 knots, and therefore the eight-knot speed
limit will not cause significant delays. The actual delay for each
vessel is less than 6 min. in each direction and the impact on small
entities should be minimal. Additionally, we believe that very few
small entities operate vessels of greater than 300 gross tons on a
regular basis. Further, the rule is only in effect for nine months.
If, however, you think that your business or organization qualifies
as a small entity and that this rule will have a significant economic
impact on your business or organization, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and in what way and to
what degree this rule will economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal
[[Page 53713]]
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 temporary rule
and concluded that under figure 2-1, paragraph (34)(g) of Commandant
Instruction M16475.lC, this temporary 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 less than nine 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, Vessels, 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, 160.5; 49 CFR 1.46.
2. From October 24, 2001 until June 15, 2002, in Sec. 165.501, add
new paragraph (d)(14) to read as follows:
Sec. 165.501 Chesapeake Bay entrance and Hampton Roads, Va. and
adjacent waters--regulated navigation area.
* * * * *
(d) * * *
(14) Speed restrictions on Norfolk Harbor Reach. Vessels of 300
gross tons or more may not proceed at a speed over eight knots between
the Elizabeth River Channel Lighted Gong Buoy 5 (LL 9470) of Norfolk
Harbor Reach (northwest of Sewells Point) at approximately
36 deg.58'00" N, 76 deg.20'00" W and gated Elizabeth River Channel
Lighted Buoys 17 (LL 9595) and 18 (LL 9600) of Craney Island Reach
(southwest of Norfolk International Terminal) at approximately
36 deg.54'17" N, 76 deg.20'11" W. All vessels less than 300 gross tons
are exempt from this rule. All coordinates reference Datum NAD 1983.
This speed restriction does not apply to Public vessels as defined in
33 U.S.C. 1321(a)(4). The U.S. Navy or other Federal agencies may
assist the U.S. Coast Guard in the enforcement of this paragraph.
* * * * *
Dated: October 10, 2001.
T.W. Allen,
Vice Admiral, U. S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 01-26817 Filed 10-23-01; 8:45 am]
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