Rule2022-00168
Safety Zone; Deep Creek, Elizabeth River, Chesapeake, VA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 10, 2022
Effective
January 10, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain navigable waters of Deep Creek and the Elizabeth River. The safey zone is needed to safeguard personnel and vessels from potential hazards associated with an incident involving an adrift barge that has struck a power transmission tower in the waterway. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Virginia or designated respresentative.
Full Text
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<title>Federal Register, Volume 87 Issue 6 (Monday, January 10, 2022)</title>
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[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Rules and Regulations]
[Pages 1076-1078]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00168]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0011]
RIN 1625-AA00
Safety Zone; Deep Creek, Elizabeth River, Chesapeake, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of Deep Creek and the Elizabeth River. The
safey zone is needed to safeguard personnel and vessels from potential
hazards associated with an incident involving an adrift barge that has
struck a power transmission tower in the waterway. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Sector Virginia or designated respresentative.
DATES: This rule is effective without actual notice from January 10,
2022 until January 19, 2022. For the purposes of enforcement, actual
notice will be used from January 4, 2022, until January 10, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0011 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Ashley Holm, Sector Virginia, Waterways Management
Division, U.S. Coast Guard, Telephone: 757-668-5580, email:
<a href="/cdn-cgi/l/email-protection#77011e05101e191e16001603120500160e043702041410591a1e1b"><span class="__cf_email__" data-cfemail="22544b50454b4c4b43554356475055435b5162575141450c4f4b4e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On January 3, 2022, an adrift barge struck a power transmission
tower in the navigable waters of Deep Creek and the Elizabeth River
causing the tower to lean. The structural integrity of the transmission
tower is unknown at this time creating a potential hazard to navigation
including the potential for de-energized power lines to enter the
waterway. Every effort is being made to ensure the structure is
supported until power lines can be disconnected and the tower is
removed. The Coast Guard is issuing this temporary 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 it would be impracticable and
contrary to public interest. The Coast Guard received information about
this potential hazard to navigation on January 3, 2022. Immediate
action is needed to protect transiting vessels from the damaged
transmission tower causing a potential hazard to navigation which
includes the potential for de-energized power lines to enter the
waterway.
For those same reasons, 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. Delaying the
effective date of this rule would be impracticable and contrary to the
public interest because immediate action to restrict vessel traffic is
needed to protect life, property and the environment. Delaying the
effective date would be contrary to the safety zone's intended
objectives of protecting personnel and vessel from the immediate
potential hazard, enhancing maritime safety.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Virginia
(COTP) has determined a potential hazardous situation in Deep Creek,
Southern Branch of the Elizabeth River, requires the establishment of a
safety zone to protect personnel and vessels transiting the area.
[[Page 1077]]
IV. Discussion of the Rule
The U.S. Coast Guard is establishing a temporary safety zone on
certain navigable waters in the vicinity of Deep Creek, Southern Branch
of the Elizabeth River north of the I-64/High Rise Bridge. This rule
will be in effect from January 4, 2022, through January 19, 2022. The
duration of the zone is intended to protect vessels from a damaged
power transmission tower causing potential hazard to navigation in the
waterway and to protect personnel performing repair and recovery. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the safety zone
being in effect for a limited duration; this is a portion of the
waterway with minimal vessel traffic; and the Coast Guard will continue
to make notifications via maritime broadcasts.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting for 15 days that will prohibit entry within certain
navigable waters of the Southern Branch of the Elizabeth River. It is
categorically excluded from further review under paragraph L60(c) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
[[Page 1078]]
0
2. Add Sec. 165.T05-0861to read as follows:
Sec. 165.T05-0861 Safety Zone; Deep Creek, Elizabeth River,
Chesapeake, VA.
(a) Location. The following area is a safety zone: The waters
enclosed by the shoreline and the following lines: A line drawn across
Deep Creek, Elizabeth River from 36-45.71N 076-18.52W to 36-45.64N 076
18.52W and a line drawn across Deep Creek, Elizabeth River from 36-
45.74N 076-18.30W to 36-45.66N 076-18.30W.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Virginia (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF/FM Chanel 16. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement period. This section will be enforced January 4,
2022, through January 19, 2022, unless canceled sooner by the COTP.
Dated: January 4, 2022.
Samson C. Stevens,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2022-00168 Filed 1-7-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on January 10, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.