Safety Zone; James River; Newport News, VA, 48609-48611 [2013-19362]

Download as PDF Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Rules and Regulations Dated: July 30, 2013. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. 2013–19349 Filed 8–8–13; 8:45 am] BILLING CODE 9110–04–P on page 42011. In the SUPPLEMENTARY section, paragraph two, the vertical clearance in the closed position to vessels is 50 feet above MHW (not 53 feet). And, the clearance may be reduced by approximately 3 feet to 47 (not 50 feet) above MHW. INFORMATION Dated: July 19, 2013. Waverly W. Gregory, Jr., Bridge Program Manager, Fifth Coast Guard District. DEPARTMENT OF HOMELAND SECURITY Coast Guard [FR Doc. 2013–19356 Filed 8–8–13; 8:45 am] BILLING CODE 9110–04–P 33 CFR Part 117 [Docket No. USCG–2013–0607] DEPARTMENT OF HOMELAND SECURITY Drawbridge Operation Regulation; Delaware River, NJ; Correction Coast Guard Coast Guard, DHS. ACTION: Notice of deviation from drawbridge regulation; correction. AGENCY: 33 CFR Part 165 [Docket No. USCG–2013–0670] On July 15, 2013, the Coast Guard published a temporary deviation entitled ‘‘Drawbridge Operation Regulation; Delaware River, NJ’’ for the operating schedule that governs the bascule span of the Tacony-Palmyra Bridge, across the Delaware River, between the townships of Tacony, PA and Palmyra, NJ. The deviation cited incorrect vertical clearances in the navigable channel. This notice corrects that error. DATES: Effective August 9, 2013. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Terrance Knowles, Environmental Protection Specialist, Coast Guard; telephone 757– 398–6587, email Terrance.A.Knowles@uscg.mil. If you have questions on viewing the docket, call Barbara Hairston, Program Manager, Docket Operations, at 202–366–9826. SUPPLEMENTARY INFORMATION: On July 15, 2013 (78 FR 42010), the Coast Guard published a temporary deviation from the operating schedule that governs the bascule span of the Tacony-Palmyra Bridge (Route 73), across the Delaware River, mile 107.2, between the townships of Tacony, PA and Palmyra, NJ. The deviation cited incorrect vertical clearances in the navigable channel during the rehabilitation project. This notice corrects that error. Subsequent to the publication of that notice, the Coast Guard discovered that the two vertical clearances, 53 feet and 50 feet above mean high water (MHW), were incorrect. pmangrum on DSK3VPTVN1PROD with RULES SUMMARY: Correction In the notice (FR Doc. USCG–2013– 0607) published on July 15, 2013 (78 FR 42010), make the following corrections VerDate Mar<15>2010 14:49 Aug 08, 2013 Jkt 229001 RIN 1625–AA00 Safety Zone; James River; Newport News, VA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone around the USNS Del Monte. This safety zone will restrict vessel traffic on a portion of the James River within a 1500 foot radius of the USNS Del Monte. This action is intended to restrict vessel traffic movement in the vicinity of the James River to protect mariners from the hazards associated with live fire and explosive training events. DATES: This rule will be effective from 8 a.m. on August 19, 2013, until 4 p.m. on August 22, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2013–0670]. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LCDR Hector Cintron, Waterways Management Division Chief, Sector Hampton Roads, Coast Guard; telephone (757) 668–5581, email SUMMARY: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 48609 Hector.L.Cintron@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Regulatory History and Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the event plan was received on July 16, 2013, which is only 34 days prior to the event date. As such, it is impracticable to provide a full comment period due to lack of time. Delaying this regulation’s effective date for comment would is impracticable as immediate action is needed to ensure the safety of the other vessels transiting the event area. The Coast Guard will provide advance notifications to users of the effected waterways of the safety zone via marine information broadcasts and local notice to mariners. B. Basis and Purpose From August 19 through August 22, 2013, the Naval Special Warfare Development Group will conduct a training exercise on the USNS Del Monte in the James River in the vicinity of the James River Reserve Fleet. Due to the need to protect mariners from the hazards associated with a live fire and explosives training, such as the accidental discharge of ammunition and, dangerous projectiles, vessel traffic will be temporarily restricted within 1500 feet of the USNS Del Monte. C. Discussion of the Rule The Coast Guard is establishing a 1500 foot radius safety zone on specified waters of James River around approximate position 37°06′11″ N/ 076°38′40″ W in the vicinity of the James River Reserve Fleet. This safety zone is being established in the interest of public safety during the live fire and explosive training exercise and will be E:\FR\FM\09AUR1.SGM 09AUR1 48610 Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Rules and Regulations enforced from 8 a.m. on August 19, 2013, to 4 p.m. on August 22, 2013. Access to the safety zone will be restricted during the specified dates and times. Except for vessels authorized by the Captain of the Port or his Representative, no person or vessel may enter or remain in the safety zone. substantial number of small entities for the following reasons: (i) The safety zone will only be in place for a limited duration. (ii) Before the enforcement period of August 19–22, 2013 maritime advisories will be issued allowing mariners to adjust their plans accordingly. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes or executive orders. 3. Assistance for Small Entities pmangrum on DSK3VPTVN1PROD with RULES 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those orders. Although this regulation restricts access to the navigable waters of the James River, the effect of this rule will not be significant because: (i) The safety zone will be in effect for a limited duration; (ii) the zone is of limited size; (iii) mariners may transit the waters in and around this safety zone at the discretion of the Captain of the Port or designated representative; and (iv) the Coast Guard will make notifications via maritime advisories so mariners can adjust their plans accordingly. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. 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. The rule would affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor in that portion of the James River from 8 a.m. on August 19, 2013, through 4 p.m. on August 22, 2013. This safety zone will not have a significant economic impact on a VerDate Mar<15>2010 14:49 Aug 08, 2013 Jkt 229001 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. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. 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). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. 4. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INTFORMATION CONTACT section to coordinate protest activities so that your message can be received without PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 jeopardizing the safety or security of people, places or vessels. 7. 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 (adjusted for inflation) 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. E:\FR\FM\09AUR1.SGM 09AUR1 Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Rules and Regulations 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f), and have determined this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule involves establishing a safety zone for a live fire and explosives training exercise and is expected to have no impact on the water or environment. This zone is designed to protect mariners from the hazards associated with live fire and explosive exercises. This rule is categorically from further review under paragraph (34)(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. 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: ■ 2. Add § 165.T05–0670 to read as follows: ■ pmangrum on DSK3VPTVN1PROD with RULES (a) Definitions. For the purposes of this section, Captain of the Port means the Commander, Sector Hampton Roads. Representative means any Coast Guard commissioned, warrant or petty officer who has been authorized to act on the behalf of the Captain of the Port. (b) Location. The following area is a safety zone: specified waters of the Captain of the Port Sector Hampton Roads zone, as defined in 33 CFR 3.25– 10, all waters of the James River within Jkt 229001 [FR Doc. 2013–19362 Filed 8–8–13; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2013–0420; FRL–9844–8] § 165.T05–0670 Safety Zone, James River, Newport News, VA. 14:49 Aug 08, 2013 Dated: July 26, 2013. John K. Little, Captain, U.S. Coast Guard, Captain of the Port Hampton Roads. BILLING CODE 9110–04–P Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. VerDate Mar<15>2010 a 1500 foot radius of the USNS Del Monte in approximate position latitude 37°06′11″ N longitude 076°38′40″ W, located near Fort Eustis in Newport News, VA. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless authorized by the Captain of the Port, Hampton Roads or his designated representatives. (2) The operator of any vessel in the immediate vicinity of this safety zone shall: (i) Stop the vessel immediately upon being directed to do so by any commissioned, warrant or petty officer on shore or on board a vessel that is displaying a U.S. Coast Guard Ensign. (ii) Proceed as directed by any commissioned, warrant or petty officer on shore or on board a vessel that is displaying a U.S. Coast Guard Ensign. (3) The Captain of the Port, Hampton Roads can be reached through the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia at telephone Number (757) 668–5555. (4) The Navy Representatives enforcing the safety zone can be contacted on VHF–FM marine band radio channel 13 (165.65Mhz) and channel 16 (156.8 Mhz). (d) Enforcement Period. This section will be enforced from Monday August 19, 2013, at 8 a.m. until Thursday August 22, 2013, at 4 p.m. unless cancelled earlier by the Captain of the Port. Approval and Promulgation of State Implementation Plans: Alaska; Fairbanks Carbon Monoxide Limited Maintenance Plan and State Implementation Plan Revision Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The EPA is taking direct final action to approve a carbon monoxide (CO) Limited Maintenance Plan (LMP) for the Fairbanks Area, and associated revisions to sections of the Fairbanks SUMMARY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 48611 Transportation Control Program, submitted by the State of Alaska (the State) as a revision to its State Implementation Plan (SIP) dated April 22, 2013. In accordance with the requirements of the Federal Clean Air Act (the Act), the EPA is approving this SIP revision because it demonstrates that the Fairbanks Area will maintain the CO National Ambient Air Quality Standards (NAAQS) through the second 10-year maintenance period. DATES: This rule is effective on October 8, 2013, without further notice, unless the EPA receives adverse comment by September 9, 2013. If the EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R10– OAR–2013–0420, by any of the following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments. • Email: R10Public_Comments@epa.gov. • Mail: Keith Rose, U.S. EPA Region 10, Office of Air, Waste and Toxics (AWT–107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101. • Hand Delivery/Courier: U.S. EPA Region 10, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101. Attention: Keith Rose, Office of Air, Waste and Toxics, AWT–107. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R10–OAR–2013– 0420. The EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public E:\FR\FM\09AUR1.SGM 09AUR1

Agencies

[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Rules and Regulations]
[Pages 48609-48611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19362]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0670]
RIN 1625-AA00


Safety Zone; James River; Newport News, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone around 
the USNS Del Monte. This safety zone will restrict vessel traffic on a 
portion of the James River within a 1500 foot radius of the USNS Del 
Monte. This action is intended to restrict vessel traffic movement in 
the vicinity of the James River to protect mariners from the hazards 
associated with live fire and explosive training events.

DATES: This rule will be effective from 8 a.m. on August 19, 2013, 
until 4 p.m. on August 22, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0670]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Hector Cintron, Waterways Management Division Chief, 
Sector Hampton Roads, Coast Guard; telephone (757) 668-5581, email 
Hector.L.Cintron@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the event plan was received on July 
16, 2013, which is only 34 days prior to the event date. As such, it is 
impracticable to provide a full comment period due to lack of time. 
Delaying this regulation's effective date for comment would is 
impracticable as immediate action is needed to ensure the safety of the 
other vessels transiting the event area. The Coast Guard will provide 
advance notifications to users of the effected waterways of the safety 
zone via marine information broadcasts and local notice to mariners.

B. Basis and Purpose

    From August 19 through August 22, 2013, the Naval Special Warfare 
Development Group will conduct a training exercise on the USNS Del 
Monte in the James River in the vicinity of the James River Reserve 
Fleet. Due to the need to protect mariners from the hazards associated 
with a live fire and explosives training, such as the accidental 
discharge of ammunition and, dangerous projectiles, vessel traffic will 
be temporarily restricted within 1500 feet of the USNS Del Monte.

C. Discussion of the Rule

    The Coast Guard is establishing a 1500 foot radius safety zone on 
specified waters of James River around approximate position 
37[deg]06'11'' N/076[deg]38'40'' W in the vicinity of the James River 
Reserve Fleet. This safety zone is being established in the interest of 
public safety during the live fire and explosive training exercise and 
will be

[[Page 48610]]

enforced from 8 a.m. on August 19, 2013, to 4 p.m. on August 22, 2013. 
Access to the safety zone will be restricted during the specified dates 
and times. Except for vessels authorized by the Captain of the Port or 
his Representative, no person or vessel may enter or remain in the 
safety zone.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

 1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those orders. Although this regulation 
restricts access to the navigable waters of the James River, the effect 
of this rule will not be significant because: (i) The safety zone will 
be in effect for a limited duration; (ii) the zone is of limited size; 
(iii) mariners may transit the waters in and around this safety zone at 
the discretion of the Captain of the Port or designated representative; 
and (iv) the Coast Guard will make notifications via maritime 
advisories so mariners can adjust their plans accordingly.

 2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    The rule would affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in that portion of the James River from 8 a.m. on 
August 19, 2013, through 4 p.m. on August 22, 2013.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (i) The 
safety zone will only be in place for a limited duration. (ii) Before 
the enforcement period of August 19-22, 2013 maritime advisories will 
be issued allowing mariners to adjust their plans accordingly.

 3. 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. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

 4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

 7. 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 (adjusted for 
inflation) 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.

 8. 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.

 9. 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.

10. 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.

 11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

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

[[Page 48611]]

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule involves establishing a safety zone for a live fire and 
explosives training exercise and is expected to have no impact on the 
water or environment. This zone is designed to protect mariners from 
the hazards associated with live fire and explosive exercises. This 
rule is categorically from further review under paragraph (34)(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

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

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 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 Sec.  165.T05-0670 to read as follows:


Sec.  165.T05-0670  Safety Zone, James River, Newport News, VA.

    (a) Definitions. For the purposes of this section, Captain of the 
Port means the Commander, Sector Hampton Roads. Representative means 
any Coast Guard commissioned, warrant or petty officer who has been 
authorized to act on the behalf of the Captain of the Port.
    (b) Location. The following area is a safety zone: specified waters 
of the Captain of the Port Sector Hampton Roads zone, as defined in 33 
CFR 3.25-10, all waters of the James River within a 1500 foot radius of 
the USNS Del Monte in approximate position latitude 37[deg]06'11'' N 
longitude 076[deg]38'40'' W, located near Fort Eustis in Newport News, 
VA.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Hampton Roads or his designated 
representatives.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on shore or on board a vessel 
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on shore or on board a vessel that is displaying a U.S. Coast 
Guard Ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through 
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia 
at telephone Number (757) 668-5555.
    (4) The Navy Representatives enforcing the safety zone can be 
contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and 
channel 16 (156.8 Mhz).
    (d) Enforcement Period. This section will be enforced from Monday 
August 19, 2013, at 8 a.m. until Thursday August 22, 2013, at 4 p.m. 
unless cancelled earlier by the Captain of the Port.

    Dated: July 26, 2013.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2013-19362 Filed 8-8-13; 8:45 am]
BILLING CODE 9110-04-P