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Regulated Navigation Area; Chesapeake Bay Entrance and Hampton Roads, VA and Adjacent Waters
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 27, 2001 (Volume 66, Number 248)]
[Rules and Regulations]
[Page 66753-66755]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de01-17]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD05-01-080]
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 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 11, 2001 to
June 15, 2002.
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 Junior Grade 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, 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 30 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 (30) 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.
[[Page 66754]]
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. 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 (Public Law 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.
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 M16475.1C, 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, 160.5; 49 CFR 1.46.
2. From December 11, 2001 until June 15, 2002, in Sec. 165.501,
suspend paragraph (a)(1), and add paragraphs (a)(13), (d)(15), and
(d)(16) to read as follows:
Sec. 165.501 Chesapeake Bay entrance and Hampton Roads, VA. and
adjacent waters-- regulated navigation area.
(a) * * *
(13) A line drawn due east from the mean low water mark at the
North Carolina / Virginia border at latitude 36 deg.33'03" N, longitude
75 deg.52'00" W, to the Territorial Seas boundary line at latitude
36 deg.33'05" N, longitude 75 deg.36'51" W, thence generally
[[Page 66755]]
northeastward along the Territorial Seas boundary line to latitude
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 latitude
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 or (757) 444-5210.
(vi) In addition to the authorities listed in this Part, this
section 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 11, 2001.
T.W. Allen,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 01-31523 Filed 12-26-01; 8:45 am]
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