[Federal Register: June 18, 2002 (Volume 67, Number 117)]
[Rules and Regulations]               
[Page 41337-41339]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn02-13]                         

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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; change of effective period.

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SUMMARY: Commander, Fifth Coast Guard District is extending the 
effective period for the temporary final rules published earlier for 
the ``Regulated Navigation Area; Chesapeake Bay Entrance and Hampton 
Roads, VA and Adjacent Waters'' to December 15, 2002, to ensure public 
safety and security and to ensure the uninterrupted flow of commerce.

DATES: Section 165.501(d)(14) added at 66 FR 53713, October 24, 2001, 
effective October 24, 2001, until June 15, 2002; sections 
165.501(a)(13), (d)(15), and (d)(16), added at 66 FR 66754, December 
27, 2001, effective December 11, 2001, until June 15, 2002, are 
extended in effect until December 15, 2002. Section 165.501(a)(1), 
suspended at 66 FR 66754, December 27, 2001, from December 11, 2001, 
until June 15, 2002, will continue to be suspended through December 15, 
2002.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule or 
questions on viewing or submitting material to the docket, contact 
Lieutenant Junior Grade Monica Acosta, project officer, USCG Marine 
Safety Office Hampton Roads, telephone number (757) 441-3453.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    Due to the terrorist attacks of September 2001, and continued 
warnings from national security and intelligence officials that future 
terrorist attacks are possible, there is an increased risk that 
subversive activity could be launched by vessels or persons against the 
United States. In September 2001, the Commander, Naval Station Norfolk 
requested vessel speed limits for certain vessels operating in the 
vicinity of Naval Station Norfolk to ensure the safety and security of 
naval vessels in that area.
    On October 24, 2001, the Coast Guard published a temporary final 
rule entitled, ``Regulated Navigation Area; Chesapeake Bay Entrance and 
Hampton Roads, VA and Adjacent Waters,'' in the Federal Register (66 FR 
53712). The temporary rule added 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.
    We are extending the effective period of the temporary final rule 
so that we can complete a rulemaking to permanently change the 
regulated navigation area at the entrance to Chesapeake Bay and Hampton 
Roads, VA. Extending the effective date of the temporary rule until 
December 15, 2002, should provide us enough time to complete the 
rulemaking.
    Due to the increased awareness that future terrorist attacks are 
possible, the Coast Guard, as lead federal agency for maritime homeland 
security, has determined that the District Commander 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 still maintaining our freedoms and 
sustaining the flow of commerce. A regulated navigation area is a tool 
available to the Coast Guard 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.
    On December 27, 2001, we published a temporary final rule entitled, 
``Regulated Navigation Area; Chesapeake Bay Entrance and Hampton Roads, 
VA and Adjacent Waters,'' in the Federal Register (66 FR 66753). The 
temporary rule expanded 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 added new port security 
measures.
    We are also extending the effective period of this temporary final 
rule so that we can complete a rulemaking to permanently change the 
regulated navigation area at the entrance to Chesapeake Bay and Hampton 
Roads, VA. Extending the effective date of the temporary rule until 
December 15, 2002, should provide us enough time to complete the 
rulemaking.
    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule and it is being made effective less than 30 days after publication 
in the Federal Register. When we promulgated these rules on October 24, 
2001, and December 27, 2001, we intended to either allow them to expire 
on June 15, 2002, or to cancel them if we made permanent changes before 
this date. We are now preparing an NPRM to make permanent changes to 
the regulated navigation area. That rulemaking will follow the normal 
notice and comment procedures, and a final rule should be published 
before December 15, 2002. Continuing the temporary rule in effect while 
the permanent rulemaking is in progress will help to ensure the 
security of the Chesapeake Bay and the Port of Hampton Roads during 
that period. Therefore, the Coast Guard finds good cause under 5 U.S.C. 
553(b)(B) and (d)(3) for why a notice of proposed rulemaking and 
opportunity for comment is not required and why this

[[Page 41338]]

rule will be made effective fewer than 30 days after publication in the 
Federal Register.

Regulatory Evaluation

    This temporary 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. The speed 
limit restrictions are only in effect for less than 4 miles, and 
typical vessel speed in 10 knots, so the actual delay for each vessel 
will be less than 6 minutes in each direction. Therefore, the delay 
caused by the two-knot reduction in speed will be minimal. Furthermore, 
we have received no comments to date from affected parties. In sum, 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. 
This rule was not preceded by a general notice of proposed rulemaking 
and, therefore, is exempt from the requirements of the Regulatory 
Flexibility Act. Although this rule is exempt, we have reviewed it for 
potential economic impact on small entities.
    Therefore, 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. If you believe that your 
business, organization, or governmental jurisdiction qualifies as a 
small entity and that this temporary rule will have a significant 
economic impact on it, please submit a comment (see FOR FURTHER 
INFORMATION CONTACT) 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

    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-
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 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 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 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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 continue to modify a well-established 
regulated navigation area, and will be in effect for another 6 months. 
A ``Categorical Exclusion Determination'' is available in the

[[Page 41339]]

docket for inspection or copying where indicated under FOR FURTHER 
INFORMATION CONTACT.

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.


Sec. 165.501  [Amended]

    2. In Sec. 165.501, paragraph (a)(1), which was suspended at 66 FR 
66754, December 27, 2001, from December 11, 2001, until June 15, 2002, 
will continue to be suspended through December 15, 2002; paragraph 
(d)(14), which was added at 66 FR 53713, October 24, 2001, effective 
October 24, 2001, until June 15, 2002; and paragraphs (a)(13), (d)(15), 
and (d)(15), added at 66 FR 66754, December 27, 2001, from December 11, 
2001, until June 15, 2002, are all extended in effect until December 
15, 2002.

    Dated: June 12, 2002.
T.C. Farr,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 02-15335 Filed 6-13-02; 5:08 pm]
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