[Federal Register Volume 60, Number 161 (Monday, August 21, 1995)]
[Rules and Regulations]
[Pages 43372-43373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20614]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 110 and 165
[CGD 05-95-051]
Anchorage Grounds; James River, Newport News Channel, Chesapeake
Bay, Hampton Roads, VA; Safety Zone; James River, Newport News Channel,
Chesapeake Bay, Hampton Roads, VA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone around
barges laying electric cable perpendicular to the Hampton Roads
Entrance Reach off Sewells Point Spit, and is temporarily suspending
several anchorage grounds in the vicinity of this project. The safety
zone is needed to ensure the safety of mariners operating in the
vicinity and to ensure the safety of all personnel involved with the
deployment of the cable. Anchorages G-4, F-1, and F-2 in the Hampton
Roads Entrance Reach will be suspended from August 18, 1995 to August
21, 1995. The suspension of these anchorages is necessary to provide an
alternate route for marine traffic while the Hampton Roads Entrance
Reach is closed during the laying of the cable.
EFFECTIVE DATES: The safety zone will become effective at 5 a.m. on
August 17, 1995, and terminate at 8 p.m. August 30, 1995, unless sooner
terminated by the Captain of the Port, Hampton Roads, Virginia. The
suspension of anchorages G-4, F-1, and F-2 will become effective at 5
a.m. on August 18, 1995, and terminate at 12 a.m. on August 21, 1995.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Katherine Weathers, Project Officer, USCG Marine Safety
Office Hampton Roads, telephone number (804) 441-3294.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of
Proposed Rule Making (NPRM) was not published for this rule and good
cause exists for making it effective less than 30 days after Federal
Register publication. The laying of the cable is an operational
necessity for the Navy and will begin as scheduled. The cable laying
operation will create a condition which is hazardous both to the work
barges and to vessels operating in their vicinity. The Coast Guard's
decision to establish a safety zone around the work barges and to
suspend anchorages G-4, F-1, and F-2 in order to provide an alternate
route to vessel traffic was reached after consultation with the local
maritime community, and is designed to minimize both the impact of the
project on that community and the hazards created by the cable laying
operation.
Drafting Information
The drafters of this regulation are Lieutenant Katherine Weathers,
Chief, Port Safety Branch, Marine Safety Office Hampton Roads, and
Lieutenant A. J. Norris, project attorney, Fifth Coast Guard District
Legal Staff.
Background and Purpose
The U.S. Navy, Naval Sea Systems Command, has contracted The Johns
Hopkins University Applied Physics Laboratory to develop and install
the UEP monitoring array at the Norfolk Magnetic Silencing Facility
(MSF). The project will consist of a Spud Barge, which will be
positioned close to shore north of Sewells Point Spit during the entire
operation, and a Derrick Barge, which will be the primary work barge
positioned at different points during the operation. The Derrick Barge
will be connected to the Spud Barge via a floating cable, which will be
stretched across the Hampton Roads Entrance Reach during parts of the
operation.
On August 17, the Hampton Roads Entrance Reach will not be affected
by the project; however, the safety zone will be in effect to protect
the work barges and mariners in the vicinity. On August 18, the Derrick
Barge will begin to move away from the Spud Barge into the Hampton
Roads Entrance Reach, which will be blocked by the Derrick Barge and
the floating cable. By August 20, the entire channel will be blocked by
the floating cable which will be stretched between the Spud Barge
located near shore and the Derrick Barge positioned outside the inbound
channel of the Hampton Roads Entrance Reach.
The suspended anchorages, G-4, F-1, and F-2, will provide an
alternate route for inbound and outbound marine traffic while also
providing the water depth necessary for commercial vessels drawing less
than 45 feet to move unimpeded in the Hampton Roads area. The Coast
Guard, in consultation with the local maritime industry, determined
that suspension of the anchorages during the three days the channel
will be closed to traffic was the most effective way of ensuring vessel
safety while at the same time minimizing the impact on commerce.
Discussion of the Regulation
The Coast Guard is establishing a 750 yard radius safety zone
around the Spud Barge and connected Derrick Barge ``Sea Hawk'' while
these barges participate in the deployment of a UEP monitoring array
beneath the bed of the Hampton Roads Entrance Reach off Sewells Point
Spit. The moving safety zone will be in effect from August 17, 1995 to
August 30, 1995 unless terminated sooner by the District Commander.
This safety zone will limit access by all unauthorized persons within
750 yards of the Spud Barge, Derrick Barge, and connecting cable during
this operation. A moving safety zone is necessary to protect both the
vessels involved with the project and those operating in the project's
vicinity from a collision with each other or with the cable that will
be stretched between the two barges participating in the project.
The Coast Guard will be suspending anchorages G-4, F-1, F-2 from 5
a.m. on August 18, 1995 until 12 a.m. on August 21, 1995 in order to
provide an alternate route for vessel traffic while the Hampton Roads
Entrance Reach is blocked during the cable laying operation. Deep draft
vessels, which are those vessels with a draft greater than 45 feet,
will be allowed to transit through the channel during the entire
operation. Arrangements for the passage of deep draft vessels will be
made via telephone or VHF communications.
Regualtory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
[[Page 43373]]
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
Collection of Information
This rule contains no collection of information requirements under
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that it
does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under section 2.B.2.e(34) of Commandant Instruction
M16475.1B (as revised by 59 FR 38654; July 29, 1994), this rule is
categorically excluded from further environmental documentation. An
Environmental Analysis Checklist and a Categorical Exclusion
Determination Statement regarding the temporary safety zone are being
prepared and will be placed in the rulemaking docket.
List of Subjects
33 CFR Part 110
Anchorage grounds.
33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Vessels, Waterways.
Regulation
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 110 and 33 CFR part 165 as follows:
PART 110--[AMENDED]
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 2030, 2035 and 2071; 49 CFR 1.46 and
33 CFR 1.05-1(g). Section 110.1a and each section listed in 110.1a
is also issued under 33 U.S.C. 1223 and 1231.
Sec. 110.168 [Amended]
2. In Sec. 110.168, paragraphs (a)(3)(i)(A), (a)(3)(i)(B), and
(a)(3)(ii)(D) are suspended from 5 a.m. on August 18, 1995 until 12
a.m. on August 21, 1995.
PART 165--[AMENDED]
3. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
4. A new temporary Sec. 165.T05-051 is added to read as follows:
Sec. 165.T05-051 Safety Zone: James River, Elizabeth River, Chesapeake
Bay, Port of Hampton Roads, VA.
(a) Location. The following area is a moving safety zone: All
waters within a 750 yard radius of the Spud Barge, the Derrick Barge
``Sea Hawk'', and their connecting floating cable during the deployment
and burial of the UEP monitoring array beneath the bed of Hampton Roads
Entrance Reach. The Spud Barge will be located approximately 400 feet
southeast of the Hampton Roads outgoing channel boundary off of Sewells
Point Spit, and the Derrick Barge ``Sea Hawk'' will be in various
locations around the Hampton Roads Entrance Reach during the evolution.
(b) Effective date. This section is effective from 5 a.m. on August
17, 1995 to 8 p.m., August 30, 1995, unless sooner terminated by the
District Commander.
(c) Definitions. Designated representative of the District
Commander means any Coast Guard commissioned, warrant, or petty officer
who has been authorized by the Commander of the Fifth Coast Guard
District to act on his behalf. District Commander means the Commander
of the Fifth Coast Guard District, Portsmouth, VA.
(d) Regulations. (1) In accordance with the general regulations in
section 165.23 and 165.501 of this part, entry into this zone is
prohibited unless authorized by the District Commander or his
designated representative. The general requirements of section 165.23
and 165.501 also apply to this regulation.
(2) Persons or vessels requiring entry into or passage through the
safety zone must first request authorization from the District
Commander or his designated representative. The Coast Guard vessels
enforcing the safety zone can be contacted on VHF Marine Band Radio,
channels 13 and 16. The District Commander's representative at the
Marine Safety Office, Hampton Roads, VA, can be contacted at telephone
number (804) 441-3314.
(e) The District Commander will notify the public of changes in the
status of this zone by Marine Safety Radio Broadcast on VHF Marine Band
Radio, Channel 22 (157.1 MHz).
Dated: August 8, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Fifth Coast Guard District.
[FR Doc. 95-20614 Filed 8-18-95; 8:45 am]
BILLING CODE 4910-14-M
