80_FR_49310 80 FR 49152 - Safety Zone, James River; Newport News, VA

80 FR 49152 - Safety Zone, James River; Newport News, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 158 (August 17, 2015)

Page Range49152-49155
FR Document2015-20115

The Coast Guard is establishing a safety zone on the navigable waters of the James River, in the vicinity of the James River Reserve Fleet, in support of United States Navy explosives training on the M/V SS DEL MONTE. This safety zone will restrict vessel movement in the specified area during the explosives training. This action is necessary to provide for the safety of life and property on the surrounding navigable waters during the United States Navy explosives training.

Federal Register, Volume 80 Issue 158 (Monday, August 17, 2015)
[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Rules and Regulations]
[Pages 49152-49155]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20115]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0701]
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 the vicinity of the James River Reserve 
Fleet, in support of United States Navy explosives training on the M/V 
SS DEL MONTE. This safety zone will restrict vessel movement in the 
specified area during the explosives training. This action is necessary 
to provide for the safety of life and property on the surrounding 
navigable waters during the United States Navy explosives training.

DATES:  This rule is effective and enforced from 8 a.m. on August 17, 
2015 until 4 p.m. on August 21, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0701]. To view documents

[[Page 49153]]

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 Barbara Wilk, Waterways Management Division Chief, 
Sector Hampton Roads, Coast Guard; telephone (757) 668-5580, email 
HamptonRoadsWaterway@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 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 written 
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 due to the fact that this 
military training is necessary to train and qualify Navy personnel in 
the use of explosives. This training is imperative to ensure that Navy 
personnel located within the Fifth Coast Guard District are properly 
trained and qualified before conducting military and national security 
operations for use in securing ports and waterways. Navy policy 
requires that Navy personnel meet and maintain certain qualification 
standards before being allowed to carry out certain missions. Failure 
to conduct this required training at this time will result in a lapse 
in personnel qualification standards and, consequently, the inability 
of Navy personnel to carry out important national security functions at 
any time. The Coast Guard received the information about this event on 
July 20, 2015; delaying the effective date by first publishing an NPRM 
would be contrary to the safety zone's intended objectives as well as 
to the public interest because immediate action is needed to protect 
persons and vessels against the hazards associated. The Coast Guard 
will provide advance notification to users of the affected waterway via 
marine information broadcasts and local notice to mariners. The Coast 
Guard will provide advance notifications to users of the affected 
waterway via marine information broadcasts and local notice to 
mariners.
    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. Due to the need for immediate 
action, the restriction on vessel traffic is necessary to protect life, 
property and the environment; therefore, a 30-day notice is 
impracticable. Delaying the effective date would be contrary to the 
safety zone's intended objectives of protecting persons and vessels, 
and enhancing public and maritime safety.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 33 CFR 1.05-1, 6.04-1, 160.5; Department of Homeland 
Security Delegation No. 0170.1, which collectively authorize the Coast 
Guard to propose, establish, and define regulatory safety zones.
    The purpose of this safety zone is to protect the participants, 
patrol vessels, and other vessels transiting navigable waters of the 
James River, in the vicinity of the James River Reserve Fleet, from 
hazards associated with military explosives operations. The potential 
hazards to mariners within the safety zone include shock waves, flying 
shrapnel, and loud noises.

C. Discussion of the Final Rule

    The Captain of the Port of Hampton Roads is establishing a safety 
zone on specified waters of the James River, in the vicinity of the 
James River Reserve Fleet, in Newport News, VA. The safety zone will 
encompass all navigable waters within a 1500 foot radius of the SS DEL 
MONTE location at position 37[deg]06'11'' N., 076[deg]38'40'' W. (NAD 
1983). This safety zone will be established and enforced from 8 a.m. on 
August 17, 2015 until 4 p.m. on August 21, 2015. Access to the safety 
zone will be restricted during the specified dates and times. Except 
for participants and vessels authorized by the Captain of the Port of 
his Representative, no person or vessel may enter or remain in the 
regulated area.
    The Captain of the Port will give notice of the enforcement of the 
safety zone by all appropriate means to provide the widest 
dissemination of notice to the affected segments of the public. This 
includes publication in the Local Notice to Mariners and Marine 
Information Broadcasts.

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 and 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 safety 
zone restricts vessel traffic through the regulated area, the effect of 
this rule will not be significant because: (i) This rule will only be 
enforced for the limited size and duration of the event; and (ii) the 
Coast Guard will make extensive notification to the maritime community 
via marine information broadcasts so mariners may 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. This rule affects the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in waters of the Eastern Branch of the Elizabeth 
River during the enforcement period.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for

[[Page 49154]]

the following reasons: (i) The safety zone is of limited size and 
duration, and (ii) Sector Hampton Roads will issue maritime advisories 
widely available to users of the James River 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 
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.

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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This rule will not cause 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 
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 the establishment of a safety zone. 
This rule is categorically excluded from further review under paragraph 
34-(g) of Figure 2-1 of the Commandant Instruction. 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T05-0701 to read as follows:


Sec.  165.T05-0701  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. 
Participants mean individuals and vessels involved in explosives 
training.
    (b) Locations. The following area is a safety zone:
    (1) All waters in the vicinity of the of the James River Reserve 
Fleet, in the James River, within a 1500 foot radius of the M/V SS DEL 
MONTE in approximate position 37[deg]06'11'' N., 076[deg]38'40'' W. 
(NAD 1983).
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones in Sec.  165.23 of this 
part.
    (2) With the exception of participants, entry into or remaining in 
this safety zone is prohibited unless authorized by the Captain of the 
Port, Hampton Roads or his designated representatives.

[[Page 49155]]

    (3) All vessels underway within this safety zone at the time it is 
implemented are to depart the zone immediately.
    (4) The Captain of the Port, Hampton Roads or his representative 
can be contacted at telephone number (757) 668-5555.
    (5) The Coast Guard and designated James River Reserve Fleet 
security vessels enforcing the safety zone can be contacted on VHF-FM 
marine band radio channel 13 (165.65 Mhz) and channel 16 (156.8 Mhz).
    (6) This section applies to all persons or vessels wishing to 
transit through the safety zone except participants and vessels that 
are engaged in the following operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; and
    (iii) Emergency response vessels.
    (7) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the safety zone by Federal, State, and local agencies.
    (d) Enforcement period. This rule will be enforced from 8 a.m. on 
August 17, 2015 to 4 p.m. on August 21, 2015.

    Dated: July 31, 2015.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2015-20115 Filed 8-14-15; 8:45 am]
 BILLING CODE 9110-04-P



                                            49152             Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations

                                                (f) Notice of intent to disclose. HUD               of a denial of a request to expedite                    (2) Affirms the adverse determination
                                            will consider a submitter’s objections                  processing of a FOIA request within 10                and declines to provide the requested
                                            and specific grounds for nondisclosure                  working days of receipt of the appeal.                records to the appellant.
                                            in deciding whether to disclose business                   (2) All other appeals. HUD will make                 (c) Appeal of a fee determination.
                                            information. Whenever HUD decides to                    a determination on appeals within 20                  Upon appeal of a fee determination, the
                                            disclose business information over the                  working days of receipt, unless unusual               appellate official will issue a decision
                                            objection of a submitter, HUD will give                 circumstances require HUD to extend                   that either:
                                            the submitter written notice, which will                the time for an additional 10 working                   (1) Waives the fee or charges the fee
                                            include:                                                days.                                                 that the appellant requested;
                                                (1) A statement of the reason(s) why                   (3) Exceptions. An appeal ordinarily                 (2) Modifies the original fee charged
                                            each of the submitter’s disclosure                      will not be acted upon if the subject of              and explains why the modified fee is
                                            objections was not sustained;                           the appeal is simultaneously being                    appropriate; or
                                                (2) A description of the business                   litigated in an applicable Federal court.               (3) Advises the appellant that the
                                            information to be disclosed; and                           (c) Content of appeals. An appeal                  original fee charged was appropriate
                                                (3) A specified disclosure date, which              letter should include the following:                  and gives the reason behind this
                                            shall be a reasonable time subsequent to                   (1) A copy of the original request;                determination.
                                            the notice.                                                (2) A copy of the adverse                            (d) Appeal of a denial of expedited
                                                (g) Exceptions to notice requirements.              determination;                                        processing. Upon appeal of a denial of
                                            The notice requirements of paragraphs                      (3) A statement of facts and legal                 an expedited processing request, the
                                            (c) and (f) of this section will not apply              arguments supporting the appeal; and                  appellate official will issue a decision
                                            if:                                                        (4) Any additional information the                 that either:
                                                (1) HUD determines that the                         appellant wishes to include.                            (1) Overturns the adverse
                                            information should not be disclosed;                       (d) When appeal is required. Before                determination and grants the expedited
                                                (2) The information lawfully has been               seeking a court review of HUD’s adverse               processing request; or
                                            published or has been officially made                   determination, a requester generally                    (2) Affirms the decision to deny
                                            available to the public; or                             must have exhausted their                             expedited processing.
                                                (3) Disclosure of the information is                administrative remedies.
                                            required by statute (other than the                                                                             Date: August 7, 2015.
                                            FOIA) or by a regulation issued in                      § 15.110    HUD response to appeals.                  Nani A. Coloretti,
                                            accordance with the requirements of                        (a) In general. (1) The appellate                  Deputy Secretary.
                                            Executive Order 12600.                                  official will conduct a de novo review                [FR Doc. 2015–20226 Filed 8–14–15; 8:45 am]
                                                (h) Notice of a FOIA lawsuit.                       of the entire record and applicable law               BILLING CODE 4210–67–P
                                            Whenever a requester files a lawsuit                    when making a decision.
                                            seeking to compel the disclosure of                        (2) The decision on the appeal will be
                                            business information, HUD will                          made in writing and will be considered                DEPARTMENT OF HOMELAND
                                            promptly notify the submitter.                          the final action of HUD.                              SECURITY
                                                (i) Corresponding notice to requesters.                (i) A decision affirming an adverse
                                            Whenever HUD provides a submitter                       determination, in whole or in part, will              Coast Guard
                                            with notice and an opportunity to object                contain a statement of the reason(s) for
                                            to disclosure under paragraph (f) of this               the affirmation, including any FOIA                   33 CFR Part 165
                                            section, HUD will also notify the                       exemption(s) applied, and will inform
                                                                                                    the appellant of the FOIA provisions for              [Docket Number USCG–2015–0701]
                                            requester(s). Whenever a submitter files
                                            a lawsuit seeking to prevent the                        potential court review of the decision.               RIN 1625–AA00
                                            disclosure of business information, HUD                    (ii) If the adverse determination is
                                            will notify the requester(s).                           modified on appeal, in whole or in part,              Safety Zone, James River; Newport
                                                                                                    a written decision will be sent to the                News, VA
                                            § 15.109   Appeals.                                     appellant and the FOIA request will be
                                               (a) In general. A requester may appeal               reprocessed in accordance with the                    AGENCY:    Coast Guard, DHS.
                                            an adverse determination denying a                      appeal decision.                                      ACTION:   Temporary final rule.
                                            request, in any respect, in writing. The                   (iii) Adverse decisions will include
                                            letter of appeal should clearly identify                                                                      SUMMARY:    The Coast Guard is
                                                                                                    the name and contact information of
                                            the determination that is being appealed                                                                      establishing a safety zone on the
                                                                                                    dispute resolution services that offer
                                            and the assigned tracking number. The                                                                         navigable waters of the James River, in
                                                                                                    mediation services to resolve disputes
                                            appeal letter and envelope should be                                                                          the vicinity of the James River Reserve
                                                                                                    between FOIA requesters and Federal
                                            marked ‘‘Freedom of Information Act                                                                           Fleet, in support of United States Navy
                                                                                                    agencies as a nonexclusive alternative to
                                            Appeal’’ for the quickest possible                                                                            explosives training on the M/V SS DEL
                                                                                                    litigation.
                                            handling. If mailed, the requester’s letter                (b) Appeal of a denial of record                   MONTE. This safety zone will restrict
                                            of appeal must be postmarked within 30                  request. Upon appeal of a denial of a                 vessel movement in the specified area
                                            calendar days of the date of HUD’s letter               record request, the appellate official will           during the explosives training. This
                                            of determination. If the letter of appeal               issue a decision that either:                         action is necessary to provide for the
                                            is transmitted electronically or by a                      (1) Overturns the adverse                          safety of life and property on the
                                            means other than the United States                      determination, in whole or in part, and               surrounding navigable waters during the
                                            Postal Service, it must be received in the              remands the request to the appropriate                United States Navy explosives training.
tkelley on DSK3SPTVN1PROD with RULES




                                            appropriate office by the close of                      office. The requester will be notified of             DATES: This rule is effective and
                                            business on the 30th calendar day after                 the rationale for the determination in                enforced from 8 a.m. on August 17, 2015
                                            the date of HUD’s letter of                             writing. The original office will then                until 4 p.m. on August 21, 2015.
                                            determination.                                          reprocess the request in accordance                   ADDRESSES: Documents mentioned in
                                               (b) Time frames—(1) Expedited                        with the appeal determination and                     this preamble are part of docket [USCG–
                                            processing. HUD will decide an appeal                   respond directly to the requester; or                 2015–0701]. To view documents


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                                                              Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations                                           49153

                                            mentioned in this preamble as being                     any time. The Coast Guard received the                vessel may enter or remain in the
                                            available in the docket, go to http://                  information about this event on July 20,              regulated area.
                                            www.regulations.gov, type the docket                    2015; delaying the effective date by first              The Captain of the Port will give
                                            number in the ‘‘SEARCH’’ box and click                  publishing an NPRM would be contrary                  notice of the enforcement of the safety
                                            ‘‘SEARCH.’’ Click on Open Docket                        to the safety zone’s intended objectives              zone by all appropriate means to
                                            Folder on the line associated with this                 as well as to the public interest because             provide the widest dissemination of
                                            rulemaking. You may also visit the                      immediate action is needed to protect                 notice to the affected segments of the
                                            Docket Management Facility in Room                      persons and vessels against the hazards               public. This includes publication in the
                                            W12–140 on the ground floor of the                      associated. The Coast Guard will                      Local Notice to Mariners and Marine
                                            Department of Transportation West                       provide advance notification to users of              Information Broadcasts.
                                            Building, 1200 New Jersey Avenue SE.,                   the affected waterway via marine                      D. Regulatory Analyses
                                            Washington, DC 20590, between 9 a.m.                    information broadcasts and local notice
                                            and 5 p.m., Monday through Friday,                      to mariners. The Coast Guard will                       We developed this rule after
                                            except Federal holidays.                                provide advance notifications to users of             considering numerous statutes and
                                            FOR FURTHER INFORMATION CONTACT: If                     the affected waterway via marine                      executive orders related to rulemaking.
                                            you have questions on this rule, call or                information broadcasts and local notice               Below we summarize our analyses
                                            email LCDR Barbara Wilk, Waterways                      to mariners.                                          based on these statutes and executive
                                            Management Division Chief, Sector                          Under 5 U.S.C. 553(d)(3), the Coast                orders.
                                            Hampton Roads, Coast Guard; telephone                   Guard finds that good cause exists for                1. Regulatory Planning and Review
                                            (757) 668–5580, email                                   making this rule effective less than 30                  This rule is not a significant
                                            HamptonRoadsWaterway@uscg.mil. If                       days after publication in the Federal
                                            you have questions on viewing or                                                                              regulatory action under section 3(f) of
                                                                                                    Register. Due to the need for immediate               Executive Order 12866, Regulatory
                                            submitting material to the docket, call                 action, the restriction on vessel traffic is
                                            Cheryl Collins, Program Manager,                                                                              Planning and Review, as supplemented
                                                                                                    necessary to protect life, property and               by Executive Order 13563, Improving
                                            Docket Operations, telephone (202)                      the environment; therefore, a 30-day
                                            366–9826.                                                                                                     Regulation and Regulatory Review, and
                                                                                                    notice is impracticable. Delaying the                 does not require an assessment of
                                            SUPPLEMENTARY INFORMATION:                              effective date would be contrary to the               potential costs and benefits under
                                            Table of Acronyms                                       safety zone’s intended objectives of                  section 6(a)(3) of Executive Order 12866
                                                                                                    protecting persons and vessels, and                   or under section 1 of Executive Order
                                            DHS Department of Homeland Security                     enhancing public and maritime safety.
                                            FR Federal Register                                                                                           13563. The Office of Management and
                                            NPRM Notice of Proposed Rulemaking                      B. Basis and Purpose                                  Budget has not reviewed it under those
                                                                                                                                                          Orders. Although this safety zone
                                            A. Regulatory History and Information                     The legal basis and authorities for this            restricts vessel traffic through the
                                               The Coast Guard is issuing this                      rule are found in 33 U.S.C. 1231; 33 CFR              regulated area, the effect of this rule will
                                            temporary final rule without prior                      1.05–1, 6.04–1, 160.5; Department of                  not be significant because: (i) This rule
                                            notice and opportunity to comment                       Homeland Security Delegation No.                      will only be enforced for the limited
                                            pursuant to authority under section 4(a)                0170.1, which collectively authorize the              size and duration of the event; and (ii)
                                            of the Administrative Procedure Act                     Coast Guard to propose, establish, and                the Coast Guard will make extensive
                                            (APA) (5 U.S.C. 553(b)). This provision                 define regulatory safety zones.                       notification to the maritime community
                                            authorizes an agency to issue a rule                      The purpose of this safety zone is to               via marine information broadcasts so
                                            without prior written notice and                        protect the participants, patrol vessels,             mariners may adjust their plans
                                            opportunity to comment when the                         and other vessels transiting navigable                accordingly.
                                            agency for good cause finds that those                  waters of the James River, in the vicinity
                                            procedures are ‘‘impracticable,                         of the James River Reserve Fleet, from                2. Impact on Small Entities
                                            unnecessary, or contrary to the public                  hazards associated with military                         The Regulatory Flexibility Act of 1980
                                            interest.’’ Under 5 U.S.C. 553(b)(B), the               explosives operations. The potential                  (RFA), 5 U.S.C. 601–612, as amended,
                                            Coast Guard finds that good cause exists                hazards to mariners within the safety                 requires federal agencies to consider the
                                            for not publishing a notice of proposed                 zone include shock waves, flying                      potential impact of regulations on small
                                            rulemaking (NPRM) with respect to this                  shrapnel, and loud noises.                            entities during rulemaking. The term
                                            rule due to the fact that this military                 C. Discussion of the Final Rule                       ‘‘small entities’’ comprises small
                                            training is necessary to train and qualify                                                                    businesses, not-for-profit organizations
                                            Navy personnel in the use of explosives.                  The Captain of the Port of Hampton                  that are independently owned and
                                            This training is imperative to ensure                   Roads is establishing a safety zone on                operated and are not dominant in their
                                            that Navy personnel located within the                  specified waters of the James River, in               fields, and governmental jurisdictions
                                            Fifth Coast Guard District are properly                 the vicinity of the James River Reserve               with populations of less than 50,000.
                                            trained and qualified before conducting                 Fleet, in Newport News, VA. The safety                The Coast Guard certifies under 5 U.S.C.
                                            military and national security                          zone will encompass all navigable                     605(b) that this rule will not have a
                                            operations for use in securing ports and                waters within a 1500 foot radius of the               significant economic impact on a
                                            waterways. Navy policy requires that                    SS DEL MONTE location at position                     substantial number of small entities.
                                            Navy personnel meet and maintain                        37°06′11″ N., 076°38′40″ W. (NAD                      This rule affects the following entities,
                                            certain qualification standards before                  1983). This safety zone will be                       some of which might be small entities:
                                            being allowed to carry out certain                      established and enforced from 8 a.m. on               The owners or operators of vessels
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                                            missions. Failure to conduct this                       August 17, 2015 until 4 p.m. on August                intending to transit or anchor in waters
                                            required training at this time will result              21, 2015. Access to the safety zone will              of the Eastern Branch of the Elizabeth
                                            in a lapse in personnel qualification                   be restricted during the specified dates              River during the enforcement period.
                                            standards and, consequently, the                        and times. Except for participants and                   This safety zone will not have a
                                            inability of Navy personnel to carry out                vessels authorized by the Captain of the              significant economic impact on a
                                            important national security functions at                Port of his Representative, no person or              substantial number of small entities for


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                                            49154             Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations

                                            the following reasons: (i) The safety                   7. Unfunded Mandates Reform Act                       Management Directive 023–01 and
                                            zone is of limited size and duration, and                  The Unfunded Mandates Reform Act                   Commandant Instruction M16475.lD,
                                            (ii) Sector Hampton Roads will issue                    of 1995 (2 U.S.C. 1531–1538) requires                 which guide the Coast Guard in
                                            maritime advisories widely available to                 Federal agencies to assess the effects of             complying with the National
                                            users of the James River allowing                       their discretionary regulatory actions. In            Environmental Policy Act of 1969
                                            mariners to adjust their plans                          particular, the Act addresses actions                 (NEPA) (42 U.S.C. 4321–4370f), and
                                            accordingly.                                            that may result in the expenditure by a               have determined that this action is one
                                                                                                    State, local, or tribal government, in the            of a category of actions that do not
                                            3. Assistance for Small Entities
                                                                                                    aggregate, or by the private sector of                individually or cumulatively have a
                                               Under section 213(a) of the Small                                                                          significant effect on the human
                                                                                                    $100,000,000 (adjusted for inflation) or
                                            Business Regulatory Enforcement                                                                               environment. This rule involves the
                                                                                                    more in any one year. Though this rule
                                            Fairness Act of 1996 (Pub. L. 104–121),                                                                       establishment of a safety zone. This rule
                                                                                                    will not result in such expenditure, we
                                            we want to assist small entities in                                                                           is categorically excluded from further
                                                                                                    do discuss the effects of this rule
                                            understanding this rule. If the rule                                                                          review under paragraph 34–(g) of Figure
                                                                                                    elsewhere in this preamble.
                                            would affect your small business,                                                                             2–1 of the Commandant Instruction. We
                                            organization, or governmental                           8. Taking of Private Property                         seek any comments or information that
                                            jurisdiction and you have questions                        This rule will not cause a taking of               may lead to the discovery of a
                                            concerning its provisions or options for                private property or otherwise have                    significant environmental impact from
                                            compliance, please contact the person                   taking implications under Executive                   this rule.
                                            listed in the FOR FURTHER                               Order 12630, Governmental Actions and
                                            INFORMATION CONTACT, above.                                                                                   List of Subjects in 33 CFR Part 165
                                                                                                    Interference with Constitutionally
                                               Small businesses may send comments                   Protected Property Rights.                              Harbors, Marine safety, Navigation
                                            on the actions of Federal employees                                                                           (water), Reporting and recordkeeping
                                            who enforce, or otherwise determine                     9. Civil Justice Reform                               requirements, Security measures,
                                            compliance with, Federal regulations to                    This rule meets applicable standards               Waterways.
                                            the Small Business and Agriculture                      in sections 3(a) and 3(b)(2) of Executive               For the reasons discussed in the
                                            Regulatory Enforcement Ombudsman                        Order 12988, Civil Justice Reform, to                 preamble, the Coast Guard amends 33
                                            and the Regional Small Business                         minimize litigation, eliminate                        CFR part 165 as follows:
                                            Regulatory Fairness Boards. The                         ambiguity, and reduce burden.
                                            Ombudsman evaluates these actions                                                                             PART 165—REGULATED NAVIGATION
                                            annually and rates each agency’s                        10. Protection of Children                            AREAS AND LIMITED ACCESS AREAS
                                            responsiveness to small business. If you                  We have analyzed this rule under
                                            wish to comment on actions by                           Executive Order 13045, Protection of                  ■ 1. The authority citation for part 165
                                            employees of the Coast Guard, call 1–                   Children from Environmental Health                    continues to read as follows:
                                            888–REG–FAIR (1–888–734–3247). The                      Risks and Safety Risks. This rule is not                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                            Coast Guard will not retaliate against                  an economically significant rule and                  33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
                                            small entities that question or complain                does not create an environmental risk to              Department of Homeland Security Delegation
                                            about this rule or any policy or action                 health or risk to safety that may                     No. 0170.1.
                                            of the Coast Guard.                                     disproportionately affect children.                   ■ 2. Add § 165.T05–0701 to read as
                                            4. Collection of Information                                                                                  follows:
                                                                                                    11. Indian Tribal Governments
                                               This rule will not call for a new                       This rule does not have tribal                     § 165.T05–0701 Safety Zone, James River;
                                            collection of information under the                     implications under Executive Order                    Newport News, VA.
                                            Paperwork Reduction Act of 1995 (44                     13175, Consultation and Coordination                    (a) Definitions. For the purposes of
                                            U.S.C. 3501–3520).                                      with Indian Tribal Governments,                       this section, Captain of the Port means
                                                                                                    because it does not have a substantial                the Commander, Sector Hampton Roads.
                                            5. Federalism                                                                                                 Representative means any Coast Guard
                                                                                                    direct effect on one or more Indian
                                               A rule has implications for federalism               tribes, on the relationship between the               commissioned, warrant or petty officer
                                            under Executive Order 13132,                            Federal Government and Indian tribes,                 who has been authorized to act on the
                                            Federalism, if it has a substantial direct              or on the distribution of power and                   behalf of the Captain of the Port.
                                            effect on the States, on the relationship               responsibilities between the Federal                  Participants mean individuals and
                                            between the national government and                     Government and Indian tribes.                         vessels involved in explosives training.
                                            the States, or on the distribution of                                                                           (b) Locations. The following area is a
                                            power and responsibilities among the                    12. Energy Effects                                    safety zone:
                                            various levels of government. We have                     This action is not a ‘‘significant                    (1) All waters in the vicinity of the of
                                            analyzed this rule under that Order and                 energy action’’ under Executive Order                 the James River Reserve Fleet, in the
                                            determined that this rule does not have                 13211, Actions Concerning Regulations                 James River, within a 1500 foot radius
                                            implications for federalism.                            That Significantly Affect Energy Supply,              of the M/V SS DEL MONTE in
                                                                                                    Distribution, or Use.                                 approximate position 37°06′11″ N.,
                                            6. Protest Activities                                                                                         076°38′40″ W. (NAD 1983).
                                               The Coast Guard respects the First                   13. Technical Standards                                 (c) Regulations. (1) All persons are
                                            Amendment rights of protesters.                           This rule does not use technical                    required to comply with the general
                                            Protesters are asked to contact the                     standards. Therefore, we did not                      regulations governing safety zones in
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                                            person listed in the FOR FURTHER                        consider the use of voluntary consensus               § 165.23 of this part.
                                            INFORMATION CONTACT section to                          standards.                                              (2) With the exception of participants,
                                            coordinate protest activities so that your                                                                    entry into or remaining in this safety
                                            message can be received without                         14. Environment                                       zone is prohibited unless authorized by
                                            jeopardizing the safety or security of                    We have analyzed this rule under                    the Captain of the Port, Hampton Roads
                                            people, places or vessels.                              Department of Homeland Security                       or his designated representatives.


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                                                              Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations                                         49155

                                              (3) All vessels underway within this                  on August 20, 2015. This rule will be                 hazards associated with low flying
                                            safety zone at the time it is implemented               enforced with actual notice from 6:30                 aircraft and bridging operations
                                            are to depart the zone immediately.                     a.m. until 6:30 p.m. on August 18, 2015               spanning the width of the river for a
                                              (4) The Captain of the Port, Hampton                  and August 19, 2015, or alternatively if              U.S. Army exercise.
                                            Roads or his representative can be                      postponed due to inclement weather,                     Under 5 U.S.C. 553(d)(3), the Coast
                                            contacted at telephone number (757)                     from 6:30 a.m. until 6:30 p.m. on August              Guard finds that good cause exists for
                                            668–5555.                                               20, 2015.                                             making this temporary rule effective less
                                              (5) The Coast Guard and designated                    ADDRESSES: Documents mentioned in                     than 30 days after publication in the
                                            James River Reserve Fleet security                      this preamble are part of docket USCG–                Federal Register. For the same reasons
                                            vessels enforcing the safety zone can be                2015–0760. To view documents                          discussed in the preceding paragraph,
                                            contacted on VHF–FM marine band                         mentioned in this preamble as being                   waiting for a 30 day notice period to run
                                            radio channel 13 (165.65 Mhz) and                       available in the docket, go to http://                would be impracticable.
                                            channel 16 (156.8 Mhz).                                 www.regulations.gov, type the docket
                                              (6) This section applies to all persons                                                                     B. Basis and Purpose
                                                                                                    number in the ‘‘SEARCH’’ box and click
                                            or vessels wishing to transit through the               ‘‘SEARCH.’’ Click on Open Docket                         The legal basis for the rule is the
                                            safety zone except participants and                     Folder on the line associated with this               Coast Guard’s authority to establish
                                            vessels that are engaged in the following               rulemaking. You may also visit the                    safety zones: 33 U.S.C. 1231; 33 CFR
                                            operations:                                             Docket Management Facility in Room                    1.05–1, 160.5; Department of Homeland
                                              (i) Enforcing laws;                                   W12–140 on the ground floor of the                    Security Delegation No. 0170.1.
                                              (ii) Servicing aids to navigation; and                Department of Transportation West                        On August 18, 2015 and August 19,
                                              (iii) Emergency response vessels.                     Building, 1200 New Jersey Avenue SE.,                 2015, the U.S. Army will conduct a
                                              (7) The U.S. Coast Guard may be                                                                             bridging exercise spanning the width of
                                                                                                    Washington, DC 20590, between 9 a.m.
                                            assisted in the patrol and enforcement                                                                        the river. The Captain of the Port, Lake
                                                                                                    and 5 p.m., Monday through Friday,
                                            of the safety zone by Federal, State, and                                                                     Michigan, has determined that the low
                                                                                                    except Federal holidays.
                                            local agencies.                                                                                               flying aircraft and bridging operations
                                              (d) Enforcement period. This rule will                FOR FURTHER INFORMATION CONTACT: If
                                                                                                    you have questions on this rule, contact              spanning the width of the river
                                            be enforced from 8 a.m. on August 17,
                                                                                                    or email LT Lindsay Cook, U.S. Coast                  associated with this exercise will pose
                                            2015 to 4 p.m. on August 21, 2015.
                                                                                                    Guard Marine Safety Unit Chicago, at                  a significant risk to public safety and
                                              Dated: July 31, 2015.                                                                                       property. This safety zone is necessary
                                                                                                    (630) 986–2155 or
                                            Christopher S. Keane,                                   Lindsay.N.Cook@uscg.mil. If you have                  to protect the public from the hazards
                                            Captain, U.S. Coast Guard, Captain of the               questions on viewing the docket, call                 associated with low flying aircraft and
                                            Port Hampton Roads.                                     Cheryl Collins, Program Manager,                      bridging operations.
                                            [FR Doc. 2015–20115 Filed 8–14–15; 8:45 am]             Docket Operations, telephone (202)                    C. Discussion of the Final Rule
                                            BILLING CODE 9110–04–P                                  366–9826.
                                                                                                                                                            With the aforementioned hazards in
                                                                                                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                          mind, the Captain of the Port, Lake
                                            DEPARTMENT OF HOMELAND                                  Table of Acronyms                                     Michigan, has determined that this
                                            SECURITY                                                DHS Department of Homeland Security                   temporary safety zone is necessary to
                                                                                                    FR Federal Register                                   ensure the safety of the public and the
                                            Coast Guard                                             NPRM Notice of Proposed Rulemaking                    participants during a U.S. Army
                                                                                                                                                          exercise on a portion of the Des Plaines
                                            33 CFR Part 165                                         A. Regulatory History and Information                 River from mile marker 277.8 to mile
                                            [Docket No. USCG–2015–0760]                                The Coast Guard is issuing this                    marker 279.2. This safety zone will be
                                                                                                    temporary final rule without prior                    enforced from 6:30 a.m. until 6:30 p.m.
                                            RIN 1625–AA00                                                                                                 on August 18, 2015 and August 19,
                                                                                                    notice and opportunity to comment
                                                                                                    pursuant to authority under section 4(a)              2015. If the event is postponed due to
                                            Safety Zone; U.S. Army Exercise, Des
                                                                                                    of the Administrative Procedure Act                   inclement weather, the safety zone will
                                            Plaines River, Channahon, IL
                                                                                                    (APA) (5 U.S.C. 553(b)). This provision               be enforced from 6:30 a.m. until 6:30
                                            AGENCY:    Coast Guard, DHS.                            authorizes an agency to issue a rule                  p.m. on August 20, 2015, the allotted
                                            ACTION:   Temporary final rule.                         without prior notice and opportunity to               rain date. This zone will encompass all
                                                                                                    comment when the agency for good                      waters of the Des Plaines River from
                                            SUMMARY:    The Coast Guard is                          cause finds that those procedures are                 mile marker 277.8 to mile marker 279.2.
                                            establishing a temporary safety zone on                 ‘‘impracticable, unnecessary, or contrary               Entry into, transiting, or anchoring
                                            the Des Plaines River between mile                      to the public interest.’’ Under 5 U.S.C.              within the safety zone is prohibited
                                            marker 277.8 and mile marker 279.2,                     553(b)(B), the Coast Guard finds that                 unless authorized by the Captain of the
                                            Channahon, IL. This safety zone is                      good cause exists for not publishing a                Port, Lake Michigan, or a designated on-
                                            intended to restrict vessels from a                     notice of proposed rulemaking with                    scene representative. The Captain of the
                                            portion of the Des Plaines River from                   respect to this rule because doing so                 Port or a designated on-scene
                                            August 18, 2015 to August 19, 2015,                     would be impracticable. The final                     representative may be contacted via
                                            with a rain date of August 20, 2015.                    details for this event were not known to              VHF Channel 16.
                                            This temporary safety zone is necessary                 the Coast Guard until there was
                                            to protect the surrounding public and                                                                         D. Regulatory Analyses
                                                                                                    insufficient time remaining before the
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                                            vessels from the hazards associated with                event to publish an NPRM. Thus,                         We developed this rule after
                                            low flying aircraft and bridging                        delaying the effective date of this rule to           considering numerous statutes and
                                            operations spanning the width of the                    wait for a comment period to run would                executive orders related to rulemaking.
                                            river for a U.S. Army exercise.                         be impracticable because it would                     Below we summarize our analyses
                                            DATES: This rule is effective from 12:01                inhibit the Coast Guard’s ability to                  based on these statutes and executive
                                            a.m. on August 18, 2015 to 11:59 p.m.                   protect the public and vessels from the               orders.


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Document Created: 2015-12-15 11:07:27
Document Modified: 2015-12-15 11:07:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective and enforced from 8 a.m. on August 17, 2015 until 4 p.m. on August 21, 2015.
ContactIf you have questions on this rule, call or email LCDR Barbara Wilk, Waterways Management Division Chief, Sector Hampton Roads, Coast Guard; telephone (757) 668-5580, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 49152 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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