[Federal Register Volume 72, Number 47 (Monday, March 12, 2007)]
[Proposed Rules]
[Pages 10958-10960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4303]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-07-015]
RIN 1625-AA87


Security Zone: America's 400th Celebration, Jamestown, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The United States Coast Guard is establishing a security zone 
encompassing waters within 2-nautical miles of Church Point at 37-12.45 
N, 076-46.66 W, 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: Comments and related material must reach the Coast Guard on or 
before March 27, 2007.

ADDRESSES: You may mail comments and related material to the attention 
of LCDR Thomas Tarrants at the address listed below. 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:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking CGD05-07-
015, indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
that your submission reached us, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them. Under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for a comment period shorter than 30 
days. This security zone of short duration is needed to provide for the 
security of persons at the event, and a shortened comment period 
provides the public the ability to comment while ensuring the security 
zone is in place before the event.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Sector Hampton Roads at the address 
under ADDRESSES explaining why one would be beneficial. If we determine 
that one would aid this rulemaking, we will hold one at a time and 
place announced by a separate notice in the Federal Register.

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 11th, 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 Rule

    The Coast Guard is proposing to establish 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 11th, 2007, until 10 p.m. on May 13th, 2007. The security zone

[[Page 10959]]

will encompass all waters around Jamestown Island, VA within a 2-
nautical mile radius of Church Point at 37-12.45 N, 076-46.66 W. 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 proposed 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 proposed 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 proposed 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 proposed 
rule will not have a significant economic impact on a substantial 
number of small entities.
    However, this proposed 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 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 proposed 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 proposed 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 proposed rule will not result in such 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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 proposed 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 proposed 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

[[Page 10960]]

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 proposed rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this proposed 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 proposed rule should be 
categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation. A preliminary 
``Environmental Analysis Check List'' is available in the docket where 
indicated under ADDRESSES. Comments on this section will be considered 
before we make the final decision whether this rule should be 
categorically excluded from further environmental review.

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 proposes 
to amend 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. 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.

    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 
Sec.  165.33 of this part, entry into this zone 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 (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 Date: This regulation is effective from 3 p.m. on May 
11, 2007, to 10 p.m. on May 13, 2007.

    Dated: February 27, 2007.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
 [FR Doc. E7-4303 Filed 3-9-07; 8:45 am]
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