Safety Zone, James River; Newport News, VA, 46697-46700 [2014-18864]
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Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Rules and Regulations
List of Subjects in 33 CFR Part 165
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.
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.
tkelley on DSK3SPTVN1PROD with RULES
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 fireworks
display and is not expected to have a
significant impact on the water or
environment. 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.
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
11. Indian Tribal Governments
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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:
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.
2. Add § 165.T05–0619 to read as
follows:
■
§ 165.T05–0619 Safety Zone, Elizabeth
River; Norfolk, 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 Eastern Branch of
the Elizabeth River between
approximate position 36°50′29.8896″ N,
076°16′43.662″ W and 36°50′30.3678″ N,
076°16′39.936″ W, extending 210 ft from
the shoreline into the Eastern Branch of
the Elizabeth River in the vicinity of
Harbor Park Stadium in Norfolk, VA.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into this zone is prohibited unless
authorized by the Captain of the Port,
Hampton Roads or his designated
Representative.
(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 Coast Guard Representatives
enforcing the safety zone can be
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46697
contacted on VHF–FM marine band
radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement period. This section
will be enforced on August 2, August
16, August 29, and August 30, 2014
from 10 p.m. to 10:30 p.m. unless
cancelled earlier by the Captain of the
Port.
Dated: July 23, 2014.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2014–18862 Filed 8–8–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0376]
RIN 1625–AA00
Safety Zone, James River; Newport
News, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone on the
navigable waters of the James River in
Newport News, VA for multiple periods,
one hour in length each, on all
weekdays from August 6 until August
15, 2014. This action will restrict vessel
traffic movement in the designated area
during the United States Navy’s
operation involving unmanned and
remote-operated crafts. This action is
necessary in order to protect the life and
property of the maritime public due to
the high speed maneuvering of the
vessels and the experimental nature of
the control technology.
DATES: This rule is effective from
August 11, 2014 through August 15,
2014, and has been in effect with actual
notice since July 30, 2014. It has been
or will be enforced from August 6
through August 8, 2014 and August 11
through August 15, 2014, from 9:30 a.m.
to 10:30 a.m., 12 p.m. to 1 p.m., and 2
p.m. to 3 p.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0376]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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
SUMMARY:
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Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Rules and Regulations
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 Gregory Knoll, Waterways
Management Division Chief, Sector
Hampton Roads, Coast Guard; telephone
(757) 668–5581, email Gregory.J.Knoll@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Cheryl Collins, 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 United States Navy is conducting
a demonstration in the James River in
the vicinity of the James River Reserve
Fleet and Hog Island. A Notice of
Proposed Rulemaking (NPRM) was
published on July 7, 2014 in the Federal
Register (79 FR 38479).
The Coast Guard received two
comments on the NPRM, which are
addressed below in Section C. No
request for a public meeting was
received, and no meeting was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. The Coast Guard received the
dates and times needed for the
waterway closures from the Navy
without sufficient time to provide for 30
days of public comment and 30 days
advance notice of the Final Rule.
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B. Basis and Purpose
The United States Navy’s operation
will involve over 20 vessels traveling in
close proximity to one another at high
speeds. The control systems on board
these vessels have undergone significant
research and development testing, but
the experimental nature of them means
that there could be an impact on marine
traffic in the vicinity.
The Coast Guard will establish a
safety zone closing a portion of the
James River in the vicinity of the James
River Reserve Fleet and Hog Island for
multiple periods, one hour in length
each, from August 6 through August 8,
2014, and August 11 through August 15,
2014. The safety zone will be effective
from 9:30 a.m. to 10:30 a.m., 12 p.m. to
1 p.m., and 2 p.m. to 3 p.m. each day.
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C. Discussion of Comments, Changes,
and the Final Rule
The Coast Guard received one
comment requesting to move the time of
the second hour-long window each day
to allow for a longer opening in between
the two closure periods. The NPRM in
79 FR 38479 stated that the safety zone
would be in effect from 9:30 a.m. to
10:30 a.m., 11:30 a.m. to 12:30 p.m., and
2 p.m. to 3 p.m. each day. Instead, the
second window will be changed, as
requested in the comment received,
from 12 p.m. to 1 p.m. each day.
The Coast Guard received one
comment concerning the effect of the
safety zone on deep draft commercial
traffic on the James River and the
possible delays to vessels that must sail
with the tide for certain sections of the
James River outside of the Safety Zone.
The Coast Guard reached out to
facilities up river of the safety zone to
determine vessel schedules from August
6 through August 15, 2014. Based on
this information, the effect on tiderestricted vessels will be minimal due to
the low volume of this type of traffic.
For smaller vessel traffic not restricted
by the tide, the limited duration of each
closure allows vessels to transit through
the area comprising the zone in between
the specified one-hour periods.
Additionally, the Captain of the Port,
Hampton Roads or his designated onscene Representative may allow vessels
to transit through the safety zone during
the enforcement period if deemed
necessary on a case-by-case basis.
The Captain of the Port of Hampton
Roads is establishing a safety zone
within the waters of the James River,
from James River Channel Lighted Buoy
11 (LLNR 11595), upstream to James
River Channel Lighted Buoy 44 (LLNR
11987), bank to bank, in the vicinity of
the James River Reserve Fleet and Hog
Island, Virginia. This safety zone will be
enforced from August 6, 2014 through
August 8, 2014 and August 11, 2014
through August 15, 2014 from 9:30 a.m.
to 10:30 a.m., 12 p.m. to 1 p.m. and 2
p.m. to 3 p.m. Access to the safety zone
will be restricted during the specified
dates and times. No person or vessel
may enter or remain in the regulated
area without the permission of the
Captain of the Port of Hampton Roads.
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.
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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 safety zone, 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; and (iii) 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 during
the specified dates and times.
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; and (ii) before the enforcement
period, 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
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Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Rules and Regulations
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 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.
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.
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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.
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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.
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. This rule is
categorically excluded 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.
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46699
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; 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.
2. Add § 165.T05–0376 to read as
follows:
■
§ 165.T05–0376 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: The James River between James
River Channel Lighted Buoy 11 and
James River Channel Lighted Buoy 44
from bank to bank.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, 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) Contact on scene contracting
vessels via VHF channel 13 and 16 for
passage instructions.
(ii) If on scene 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 Coast Guard Representatives
enforcing the safety zone can be
contacted on VHF–FM marine band
radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement period. This section
will be enforced from 9:30 a.m. to 10:30
a.m., 12 p.m. to 1 p.m. and 2 p.m. to 3
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p.m. each day from August 6, 2014
through August 8, 2014 and from
August 11, 2014 through August 15,
2014.
Dated: July 30, 2014.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2014–18864 Filed 8–8–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
Final Priority; Technical Assistance on
State Data Collection—IDEA Fiscal
Data Center
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final priority.
AGENCY:
The Assistant Secretary for
Special Education and Rehabilitative
Services announces a priority under the
Technical Assistance on State Data
Collection program. The Assistant
Secretary may use this priority for
competitions in fiscal year (FY) 2014
and later years. We take this action to
focus attention on an identified national
need to provide technical assistance
(TA) to improve the capacity of States
to meet the data collection requirements
of the Individuals with Disabilities
Education Act (IDEA). The purpose of
this priority is to establish a Fiscal IDEA
Data Center (Center) to provide States
with TA for meeting their fiscal data
collection and reporting obligations
under IDEA.
DATES: Effective Date: This priority is
effective September 10, 2014.
FOR FURTHER INFORMATION CONTACT:
Matthew Schneer, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 4169, Potomac Center Plaza
(PCP), Washington, DC 20202–2600.
Telephone: (202) 245–6755 or by email:
matthew.schneer@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
Purpose of Program: The purpose of
the Technical Assistance on State Data
Collection program is to improve the
capacity of States to meet their IDEA
data collection and reporting
requirements under sections 616 and
618 of IDEA. Funding for the program
is authorized under section 611(c)(1) of
IDEA, which gives the Secretary the
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16:09 Aug 08, 2014
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authority to reserve funds appropriated
under Part B of IDEA to provide TA
activities authorized under section
616(i).1 Section 616(i) requires the
Secretary to review the data collection
and analysis capacity of States to ensure
that data and information determined
necessary for implementation of section
616 are collected, analyzed, and
accurately reported. It also requires the
Secretary to provide TA, where needed,
to improve the capacity of States to meet
the data collection requirements under
IDEA. The Consolidated Appropriations
Act of 2014 gives the Secretary the
authority to use FY 2014 funds reserved
under section 611(c) to assist the
Secretary in administering and carrying
out other services and activities to
improve data collection, coordination,
quality, and use under Parts B and C of
IDEA (Pub. L. 113–76).
Program Authority: 20 U.S.C. 1411(c),
1416(i), and 1418(c); Consolidated
Appropriations Act, 2014 (Pub. L. 113–76).
Applicable Program Regulations: 34
CFR 300.702.
We published a notice of proposed
priority for this competition in the
Federal Register on May 1, 2014 (79 FR
24661). That notice contained
background information and our reasons
for proposing this particular priority.
Except for minor editorial revisions and
one technical revision (noted below),
there are no differences between the
proposed priority and this final priority.
We made a technical revision to the
Administrative Requirements part of
this priority in paragraph (g)(4)(ii) so
that it now requires applicants to budget
for a two and one-half day project
directors’ meeting in Washington, DC, to
occur every other year beginning with
the meeting scheduled for Summer
2016.
Public Comment: In response to our
invitation in the notice of proposed
priority, we did not receive any
comments related to the proposed
priority.
Final Priority
IDEA Fiscal Data Center
The purpose of this priority is to fund
a cooperative agreement to establish and
operate a Center to achieve, at a
minimum, the following expected
outcomes: (a) Improve the capacity of
State staff to collect and report accurate
fiscal data to meet the data collection
requirements related to the IDEA Part B
local educational agency (LEA)
Maintenance of Effort (MOE) Reduction
and Coordinated Early Intervening
1 All references to a statute in this priority are to
sections of IDEA unless otherwise noted.
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Services (CEIS) [LEA MOE/CEIS] and
State Maintenance of Financial Support
(State MFS); and (b) increase States’
knowledge of the underlying fiscal
requirements and the calculations
necessary to submit valid and reliable
data on LEA MOE/CEIS and State MFS.
Project Activities. To meet the
requirements of this priority, the Center,
at a minimum, must conduct the
following activities:
Knowledge Development Activities
(a) To ensure that States have the
capacity to collect and report accurate
LEA MOE/CEIS and State MFS fiscal
data, survey all 60 IDEA Part B
programs in the first year to:
(1) Assess their capacity to collect and
report high-quality LEA MOE/CEIS and
State MFS fiscal data required under
data collections authorized under
section 618 and identify the policies
and practices that facilitate or hinder
the collection of accurate data
consistent with IDEA fiscal
requirements; and
(2) Analyze and catalogue how States
make available State financial support
for special education and related
services in order to develop templates
that increase the capacity of States to
collect and report accurate data;
(b) In the first year, analyze the LEA
MOE/CEIS data submissions and data
notes to determine common data
collection and submission errors and to
identify States in need of intensive or
targeted TA.
Technical Assistance and
Dissemination Activities
(a) Provide intensive TA to a
minimum of 10 State educational
agencies (SEAs) per year, which may
include continued TA for some SEAs for
longer than one year, to improve States’
collection and submission of IDEA fiscal
data consistent with the following two
annual data collection requirements
authorized under section 618 of IDEA:
(1) Section V of the Annual State
Application under Part B of IDEA (Part
B Annual Application); and (2) the LEA
MOE/CEIS Data Collection, which was
formerly referred to as the Report on
Maintenance of Effort Reduction and
Coordinated Early Intervening Services
(Table 8). Preference should be given to
those States with the greatest need,
including States with a demonstrated
failure to accurately report MFS or LEA
MOE/CEIS data, and States requesting
TA. When working with States on LEA
MOE/CEIS data, the TA should develop
the capacity of SEAs to train LEAS to
accurately report the required data;
(b) Provide a range of targeted and
general TA products and services
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[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Rules and Regulations]
[Pages 46697-46700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18864]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0376]
RIN 1625-AA00
Safety Zone, James River; Newport News, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of the James River in Newport News, VA for multiple periods, one
hour in length each, on all weekdays from August 6 until August 15,
2014. This action will restrict vessel traffic movement in the
designated area during the United States Navy's operation involving
unmanned and remote-operated crafts. This action is necessary in order
to protect the life and property of the maritime public due to the high
speed maneuvering of the vessels and the experimental nature of the
control technology.
DATES: This rule is effective from August 11, 2014 through August 15,
2014, and has been in effect with actual notice since July 30, 2014. It
has been or will be enforced from August 6 through August 8, 2014 and
August 11 through August 15, 2014, from 9:30 a.m. to 10:30 a.m., 12
p.m. to 1 p.m., and 2 p.m. to 3 p.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0376]. To view documents mentioned in this preamble as being
available in the docket, go to https://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
[[Page 46698]]
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 Gregory Knoll, Waterways Management Division Chief,
Sector Hampton Roads, Coast Guard; telephone (757) 668-5581, email
Gregory.J.Knoll@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, 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 United States Navy is conducting a demonstration in the James
River in the vicinity of the James River Reserve Fleet and Hog Island.
A Notice of Proposed Rulemaking (NPRM) was published on July 7, 2014 in
the Federal Register (79 FR 38479).
The Coast Guard received two comments on the NPRM, which are
addressed below in Section C. No request for a public meeting was
received, and no meeting was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Coast Guard received the dates
and times needed for the waterway closures from the Navy without
sufficient time to provide for 30 days of public comment and 30 days
advance notice of the Final Rule.
B. Basis and Purpose
The United States Navy's operation will involve over 20 vessels
traveling in close proximity to one another at high speeds. The control
systems on board these vessels have undergone significant research and
development testing, but the experimental nature of them means that
there could be an impact on marine traffic in the vicinity.
The Coast Guard will establish a safety zone closing a portion of
the James River in the vicinity of the James River Reserve Fleet and
Hog Island for multiple periods, one hour in length each, from August 6
through August 8, 2014, and August 11 through August 15, 2014. The
safety zone will be effective from 9:30 a.m. to 10:30 a.m., 12 p.m. to
1 p.m., and 2 p.m. to 3 p.m. each day.
C. Discussion of Comments, Changes, and the Final Rule
The Coast Guard received one comment requesting to move the time of
the second hour-long window each day to allow for a longer opening in
between the two closure periods. The NPRM in 79 FR 38479 stated that
the safety zone would be in effect from 9:30 a.m. to 10:30 a.m., 11:30
a.m. to 12:30 p.m., and 2 p.m. to 3 p.m. each day. Instead, the second
window will be changed, as requested in the comment received, from 12
p.m. to 1 p.m. each day.
The Coast Guard received one comment concerning the effect of the
safety zone on deep draft commercial traffic on the James River and the
possible delays to vessels that must sail with the tide for certain
sections of the James River outside of the Safety Zone. The Coast Guard
reached out to facilities up river of the safety zone to determine
vessel schedules from August 6 through August 15, 2014. Based on this
information, the effect on tide-restricted vessels will be minimal due
to the low volume of this type of traffic. For smaller vessel traffic
not restricted by the tide, the limited duration of each closure allows
vessels to transit through the area comprising the zone in between the
specified one-hour periods. Additionally, the Captain of the Port,
Hampton Roads or his designated on-scene Representative may allow
vessels to transit through the safety zone during the enforcement
period if deemed necessary on a case-by-case basis.
The Captain of the Port of Hampton Roads is establishing a safety
zone within the waters of the James River, from James River Channel
Lighted Buoy 11 (LLNR 11595), upstream to James River Channel Lighted
Buoy 44 (LLNR 11987), bank to bank, in the vicinity of the James River
Reserve Fleet and Hog Island, Virginia. This safety zone will be
enforced from August 6, 2014 through August 8, 2014 and August 11, 2014
through August 15, 2014 from 9:30 a.m. to 10:30 a.m., 12 p.m. to 1 p.m.
and 2 p.m. to 3 p.m. Access to the safety zone will be restricted
during the specified dates and times. No person or vessel may enter or
remain in the regulated area without the permission of the Captain of
the Port of Hampton Roads.
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 safety zone, 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; and (iii) 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
during the specified dates and times.
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; and (ii)
before the enforcement period, 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
[[Page 46699]]
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 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.
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.
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. This rule is
categorically excluded 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.T05-0376 to read as follows:
Sec. 165.T05-0376 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: The James River between James River Channel Lighted Buoy
11 and James River Channel Lighted Buoy 44 from bank to bank.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, 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) Contact on scene contracting vessels via VHF channel 13 and 16
for passage instructions.
(ii) If on scene 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 Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement period. This section will be enforced from 9:30
a.m. to 10:30 a.m., 12 p.m. to 1 p.m. and 2 p.m. to 3
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p.m. each day from August 6, 2014 through August 8, 2014 and from
August 11, 2014 through August 15, 2014.
Dated: July 30, 2014.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2014-18864 Filed 8-8-14; 8:45 am]
BILLING CODE 9110-04-P
