81_FR_59648 81 FR 59480 - Safety Zone; Chesapeake Bay, Hampton, VA

81 FR 59480 - Safety Zone; Chesapeake Bay, Hampton, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 168 (August 30, 2016)

Page Range59480-59482
FR Document2016-20855

The Coast Guard is establishing a temporary safety zone for navigable waters east of Ft. Monroe located in Hampton, VA, on the Chesapeake Bay. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with military exercises involving high-speed, quick maneuvering vessels. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Hampton Roads.

Federal Register, Volume 81 Issue 168 (Tuesday, August 30, 2016)
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59480-59482]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20855]



[[Page 59480]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0371]
RIN 1625-AA00


Safety Zone; Chesapeake Bay, Hampton, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters east of Ft. Monroe located in Hampton, VA, on the 
Chesapeake Bay. The safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards associated 
with military exercises involving high-speed, quick maneuvering 
vessels. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port Hampton 
Roads.

DATES: This rule is effective from 7 a.m. on September 7, 2016, through 
6 p.m. on October 7, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0371 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Barbara Wilk, Waterways Management Division Chief, 
Sector Hampton Roads, U.S. Coast Guard; telephone 757-668-5580, email 
[email protected].

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

    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 information about the military 
exercises beginning on September 7, 2016, was not received by the Coast 
Guard with sufficient time making it impracticable to publish a final 
rule less than 30 days after the publication in the Federal Register 
while also allowing for an opportunity to comment on a proposed rule. 
The Coast Guard will provide advance notifications to users of the 
affected waterway via marine information broadcasts and local notice to 
mariners.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. The restriction on 
vessel traffic is necessary to protect life, property and the 
environment, for the duration of the military exercise due to the high 
speeds of the vessels involved. Therefore, due to the need to have a 
rule effective by September 7, 2016, a 30-day, delayed-effective-date 
is impracticable. Delaying the effective date would be contrary to the 
safety zone's intended objectives, immediate action is needed to 
protect persons and vessels, and enhance public and maritime safety.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Hampton Roads (COTP) has determined that 
potential hazards associated with the military exercises starting on 
September 7, 2016, will be a safety concern for anyone within described 
coordinates of the U.S. Navy exercises. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone from hazards to mariners associated with the 
exercises include high speed maneuvering vessels.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. Wednesday, 
September 7, 2016, through 6 p.m. Friday, October 7, 2016. The safety 
zone will encompass all navigable waters within an area enclosed by a 
line connecting the following points latitude 37[deg]07'06'' N., 
longitude 076[deg]13'12'' W., thence east to 37[deg]05'18'' N., 
longitude 076[deg]06'54'' W., thence southeast to 37[deg]04'30'' N., 
longitude 076[deg]06'30'' W., thence south to 36[deg]59'24''.4 N., 
longitude 076[deg]08'30'' W., thence west to 37[deg]01'18'' N., 
longitude 076[deg]15'36'' W., thence to the point or origin on the 
Chesapeake Bay located just northeast of Ft. Monroe in Hampton, VA. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters during military exercises. 
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 order 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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact the designated area of the Chesapeake Bay in Hampton, VA for 31 
days. Moreover, the Coast Guard will issue Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the zone and the rule allows vessels 
to seek permission to enter the zone.

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.

[[Page 59481]]

    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 
contact 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 31 days that will prohibit entry 
within five nautical miles of vessels involved in the military 
exercises located just northeast of Ft. Monroe in Hampton, VA. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

G. 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.

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, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T05-0371 to read as follows:


Sec.  165.T05-0371  Safety Zone, Chesapeake Bay; Hampton, 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 means individuals and vessels involved in the military 
exercises.
    (b) Location. The following area is a safety zone: All waters in 
the vicinity of Ft. Monroe, on the Chesapeake Bay, bound by a line 
drawn from latitude 37[deg]07'06'' N., longitude 076[deg]13'12'' W., 
thence east to 37[deg]05'18'' N., longitude 076[deg]06'54'' W., thence 
southeast to 37[deg]04'30'' N., longitude 076[deg]06'30'' W., thence 
south to 36[deg]59'24''.4 N., longitude 076[deg]08'30'' W., thence west 
to 37[deg]01'18'' N., longitude 076[deg]15'36'' W., thence to the point 
or origin. (NAD 1983).
    (c) Regulations. (1) The general regulations governing safety zones 
in Sec.  165.23 apply to the area described in paragraph (b) of this 
section.
    (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.
    (3) All vessels within this safety zone when this section becomes 
effective must 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 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 except 
participants and vessels that are engaged in the following operations: 
enforcing laws; servicing aids to navigation, and emergency response 
vessels.

[[Page 59482]]

    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.
    (e) Enforcement period. This section will be enforced from 7 a.m. 
on September 7, 2016, through 6 p.m. on October 7, 2016.

    Dated: July 28, 2016.
Richard J. Wester,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2016-20855 Filed 8-29-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                59480             Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations

                                                DEPARTMENT OF HOMELAND                                  cause finds that those procedures are                 W., thence west to 37°01′18″ N.,
                                                SECURITY                                                ‘‘impracticable, unnecessary, or contrary             longitude 076°15′36″ W., thence to the
                                                                                                        to the public interest.’’ Under 5 U.S.C.              point or origin on the Chesapeake Bay
                                                Coast Guard                                             553(b)(B), the Coast Guard finds that                 located just northeast of Ft. Monroe in
                                                                                                        good cause exists for not publishing a                Hampton, VA. The duration of the zone
                                                33 CFR Part 165                                         notice of proposed rulemaking (NPRM)                  is intended to protect personnel,
                                                [Docket Number USCG–2016–0371]
                                                                                                        with respect to this rule because                     vessels, and the marine environment in
                                                                                                        information about the military exercises              these navigable waters during military
                                                RIN 1625–AA00                                           beginning on September 7, 2016, was                   exercises. No vessel or person will be
                                                                                                        not received by the Coast Guard with                  permitted to enter the safety zone
                                                Safety Zone; Chesapeake Bay,                            sufficient time making it impracticable               without obtaining permission from the
                                                Hampton, VA                                             to publish a final rule less than 30 days             COTP or a designated representative.
                                                AGENCY:    Coast Guard, DHS.                            after the publication in the Federal
                                                                                                        Register while also allowing for an                   V. Regulatory Analyses
                                                ACTION:   Temporary final rule.
                                                                                                        opportunity to comment on a proposed                    We developed this rule after
                                                SUMMARY:   The Coast Guard is                           rule. The Coast Guard will provide                    considering numerous statutes and
                                                establishing a temporary safety zone for                advance notifications to users of the                 Executive order related to rulemaking.
                                                navigable waters east of Ft. Monroe                     affected waterway via marine                          Below we summarize our analyses
                                                located in Hampton, VA, on the                          information broadcasts and local notice               based on a number of these statutes and
                                                Chesapeake Bay. The safety zone is                      to mariners.                                          Executive orders, and we discuss First
                                                needed to protect personnel, vessels,                      We are issuing this rule, and under 5              Amendment rights of protestors.
                                                and the marine environment from                         U.S.C. 553(d)(3), the Coast Guard finds
                                                potential hazards associated with                       that good cause exists for making it                  A. Regulatory Planning and Review
                                                military exercises involving high-speed,                effective less than 30 days after                        Executive Orders 12866 and 13563
                                                quick maneuvering vessels. Entry of                     publication in the Federal Register. The              direct agencies to assess the costs and
                                                vessels or persons into this zone is                    restriction on vessel traffic is necessary            benefits of available regulatory
                                                prohibited unless specifically                          to protect life, property and the                     alternatives and, if regulation is
                                                authorized by the Captain of the Port                   environment, for the duration of the                  necessary, to select regulatory
                                                Hampton Roads.                                          military exercise due to the high speeds              approaches that maximize net benefits.
                                                                                                        of the vessels involved. Therefore, due               Executive Order 13563 emphasizes the
                                                DATES: This rule is effective from 7 a.m.
                                                                                                        to the need to have a rule effective by               importance of quantifying both costs
                                                on September 7, 2016, through 6 p.m.
                                                                                                        September 7, 2016, a 30-day, delayed-                 and benefits, of reducing costs, of
                                                on October 7, 2016.
                                                                                                        effective-date is impracticable. Delaying             harmonizing rules, and of promoting
                                                ADDRESSES: To view documents                            the effective date would be contrary to
                                                mentioned in this preamble as being                                                                           flexibility. This rule has not been
                                                                                                        the safety zone’s intended objectives,
                                                available in the docket, go to http://                                                                        designated a ‘‘significant regulatory
                                                                                                        immediate action is needed to protect
                                                www.regulations.gov, type USCG–2016–                                                                          action,’’ under Executive Order 12866.
                                                                                                        persons and vessels, and enhance public
                                                0371 in the ‘‘SEARCH’’ box and click                                                                          Accordingly, it has not been reviewed
                                                                                                        and maritime safety.
                                                ‘‘SEARCH.’’ Click on Open Docket                                                                              by the Office of Management and
                                                Folder on the line associated with this                 III. Legal Authority and Need for Rule                Budget.
                                                rule.                                                      The Coast Guard is issuing this rule                  This regulatory action determination
                                                FOR FURTHER INFORMATION CONTACT: If                     under authority in 33 U.S.C. 1231. The                is based on the size, location, duration,
                                                you have questions on this rule, call or                Captain of the Port Hampton Roads                     and time-of-year of the safety zone.
                                                email LCDR Barbara Wilk, Waterways                      (COTP) has determined that potential                  Vessel traffic will be able to safely
                                                Management Division Chief, Sector                       hazards associated with the military                  transit around this safety zone which
                                                Hampton Roads, U.S. Coast Guard;                        exercises starting on September 7, 2016,              will impact the designated area of the
                                                telephone 757–668–5580, email                           will be a safety concern for anyone                   Chesapeake Bay in Hampton, VA for 31
                                                hamptonroadswaterway@uscg.mil.                          within described coordinates of the U.S.              days. Moreover, the Coast Guard will
                                                SUPPLEMENTARY INFORMATION:                              Navy exercises. This rule is needed to                issue Broadcast Notice to Mariners via
                                                                                                        protect personnel, vessels, and the                   VHF–FM marine channel 16 about the
                                                I. Table of Abbreviations                               marine environment in the navigable                   zone and the rule allows vessels to seek
                                                                                                        waters within the safety zone from                    permission to enter the zone.
                                                CFR Code of Federal Regulations
                                                DHS Department of Homeland Security                     hazards to mariners associated with the               B. Impact on Small Entities
                                                FR Federal Register                                     exercises include high speed
                                                NPRM Notice of proposed rulemaking                      maneuvering vessels.                                     The Regulatory Flexibility Act of
                                                § Section                                                                                                     1980, 5 U.S.C. 601–612, as amended,
                                                                                                        IV. Discussion of the Rule                            requires Federal agencies to consider
                                                U.S.C. United States Code
                                                                                                           This rule establishes a safety zone                the potential impact of regulations on
                                                II. Background Information and                          from 7 a.m. Wednesday, September 7,                   small entities during rulemaking. The
                                                Regulatory History                                      2016, through 6 p.m. Friday, October 7,               term ‘‘small entities’’ comprises small
                                                   The Coast Guard is issuing this                      2016. The safety zone will encompass                  businesses, not-for-profit organizations
                                                temporary rule without prior notice and                 all navigable waters within an area                   that are independently owned and
mstockstill on DSK3G9T082PROD with RULES




                                                opportunity to comment pursuant to                      enclosed by a line connecting the                     operated and are not dominant in their
                                                authority under section 4(a) of the                     following points latitude 37°07′06″ N.,               fields, and governmental jurisdictions
                                                Administrative Procedure Act (APA) (5                   longitude 076°13′12″ W., thence east to               with populations of less than 50,000.
                                                U.S.C. 553(b)). This provision                          37°05′18″ N., longitude 076°06′54″ W.,                The Coast Guard certifies under 5 U.S.C.
                                                authorizes an agency to issue a rule                    thence southeast to 37°04′30″ N.,                     605(b) that this rule will not have a
                                                without prior notice and opportunity to                 longitude 076°06′30″ W., thence south                 significant economic impact on a
                                                comment when the agency for good                        to 36°59′24″.4 N., longitude 076°08′30″               substantial number of small entities.


                                           VerDate Sep<11>2014   16:58 Aug 29, 2016   Jkt 238001   PO 00000   Frm 00056   Fmt 4700   Sfmt 4700   E:\FR\FM\30AUR1.SGM   30AUR1


                                                                  Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations                                         59481

                                                   While some owners or operators of                    Government and Indian tribes. If you                    For the reasons discussed in the
                                                vessels intending to transit the safety                 believe this rule has implications for                preamble, the Coast Guard amends 33
                                                zone may be small entities, for the                     federalism or Indian tribes, please                   CFR part 165 as follows:
                                                reasons stated in section V.A above, this               contact the person listed in the FOR
                                                rule will not have a significant                        FURTHER INFORMATION CONTACT section                   PART 165—REGULATED NAVIGATION
                                                economic impact on any vessel owner                     above.                                                AREAS AND LIMITED ACCESS AREAS
                                                or operator.
                                                   Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                       ■ 1. The authority citation for part 165
                                                Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    continues to read as follows:
                                                Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                we want to assist small entities in                     Federal agencies to assess the effects of             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                understanding this rule. If the rule                    their discretionary regulatory actions. In            Department of Homeland Security Delegation
                                                would affect your small business,                       particular, the Act addresses actions                 No. 0170.1.
                                                organization, or governmental                           that may result in the expenditure by a               ■ 2. Add § 165.T05–0371 to read as
                                                jurisdiction and you have questions                     State, local, or tribal government, in the            follows:
                                                concerning its provisions or options for                aggregate, or by the private sector of
                                                                                                                                                              § 165.T05–0371 Safety Zone, Chesapeake
                                                compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              Bay; Hampton, VA.
                                                listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule
                                                CONTACT section.                                        will not result in such an expenditure,                 (a) Definitions. For the purposes of
                                                   Small businesses may send comments                   we do discuss the effects of this rule                this section—
                                                on the actions of Federal employees                     elsewhere in this preamble.                             Captain of the Port means the
                                                who enforce, or otherwise determine                                                                           Commander, Sector Hampton Roads.
                                                compliance with, Federal regulations to                 F. Environment                                          ‘‘Representative’’ means any Coast
                                                the Small Business and Agriculture                        We have analyzed this rule under                    Guard commissioned, warrant or petty
                                                Regulatory Enforcement Ombudsman                        Department of Homeland Security                       officer who has been authorized to act
                                                and the Regional Small Business                         Management Directive 023–01 and                       on the behalf of the Captain of the Port.
                                                Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                       Participants means individuals and
                                                Ombudsman evaluates these actions                       which guide the Coast Guard in                        vessels involved in the military
                                                annually and rates each agency’s                        complying with the National                           exercises.
                                                responsiveness to small business. If you                Environmental Policy Act of 1969 (42                    (b) Location. The following area is a
                                                wish to comment on actions by                           U.S.C. 4321–4370f), and have                          safety zone: All waters in the vicinity of
                                                employees of the Coast Guard, call 1–                   determined that this action is one of a               Ft. Monroe, on the Chesapeake Bay,
                                                888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                       bound by a line drawn from latitude
                                                Coast Guard will not retaliate against                  individually or cumulatively have a                   37°07′06″ N., longitude 076°13′12″ W.,
                                                small entities that question or complain                significant effect on the human                       thence east to 37°05′18″ N., longitude
                                                about this rule or any policy or action                 environment. This rule involves a safety              076°06′54″ W., thence southeast to
                                                of the Coast Guard.                                     zone lasting 31 days that will prohibit               37°04′30″ N., longitude 076°06′30″ W.,
                                                                                                        entry within five nautical miles of                   thence south to 36°59′24″.4 N.,
                                                C. Collection of Information                            vessels involved in the military                      longitude 076°08′30″ W., thence west to
                                                  This rule will not call for a new                     exercises located just northeast of Ft.               37°01′18″ N., longitude 076°15′36″ W.,
                                                collection of information under the                     Monroe in Hampton, VA. It is                          thence to the point or origin. (NAD
                                                Paperwork Reduction Act of 1995 (44                     categorically excluded from further                   1983).
                                                U.S.C. 3501–3520).                                      review under paragraph 34(g) of Figure                  (c) Regulations. (1) The general
                                                                                                        2–1 of the Commandant Instruction. An                 regulations governing safety zones in
                                                D. Federalism and Indian Tribal                                                                               § 165.23 apply to the area described in
                                                Governments                                             environmental analysis checklist
                                                                                                        supporting this determination and a                   paragraph (b) of this section.
                                                   A rule has implications for federalism               Categorical Exclusion Determination are                 (2) With the exception of participants,
                                                under Executive Order 13132,                            available in the docket where indicated               entry into or remaining in this safety
                                                Federalism, if it has a substantial direct              under ADDRESSES. We seek any                          zone is prohibited unless authorized by
                                                effect on the States, on the relationship               comments or information that may lead                 the Captain of the Port, Hampton Roads
                                                between the national government and                     to the discovery of a significant                     or his designated representatives.
                                                the States, or on the distribution of                   environmental impact from this rule.                    (3) All vessels within this safety zone
                                                power and responsibilities among the                                                                          when this section becomes effective
                                                various levels of government. We have                   G. Protest Activities                                 must depart the zone immediately.
                                                analyzed this rule under that Order and                   The Coast Guard respects the First                    (4) The Captain of the Port, Hampton
                                                have determined that it is consistent                   Amendment rights of protesters.                       Roads or his representative can be
                                                with the fundamental federalism                         Protesters are asked to contact the                   contacted at telephone number 757–
                                                principles and preemption requirements                  person listed in the FOR FURTHER                      668–5555.
                                                described in Executive Order 13132.                     INFORMATION CONTACT section to                          (5) The Coast Guard and designated
                                                   Also, this rule does not have tribal                 coordinate protest activities so that your            security vessels enforcing the safety
                                                implications under Executive Order                      message can be received without                       zone can be contacted on VHF–FM
                                                13175, Consultation and Coordination                    jeopardizing the safety or security of                marine band radio channel 13 (165.65
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                                                with Indian Tribal Governments,                         people, places or vessels.                            Mhz) and channel 16 (156.8 Mhz).
                                                because it does not have a substantial                                                                          (6) This section applies to all persons
                                                direct effect on one or more Indian                     List of Subjects in 33 CFR Part 165                   or vessels except participants and
                                                tribes, on the relationship between the                   Harbors, Marine safety, Navigation                  vessels that are engaged in the following
                                                Federal Government and Indian tribes,                   (water), Reporting and recordkeeping                  operations: enforcing laws; servicing
                                                or on the distribution of power and                     requirements, Security measures,                      aids to navigation, and emergency
                                                responsibilities between the Federal                    Waterways.                                            response vessels.


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                                                59482             Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations

                                                  (d) Enforcement. The U.S. Coast                       SUPPLEMENTARY INFORMATION:                            The dredge and dredge piping must be
                                                Guard may be assisted in the patrol and                                                                       positioned in the main navigational
                                                                                                        I. Table of Abbreviations
                                                enforcement of the safety zone by                                                                             channel in order for the dredging
                                                Federal, State, and local agencies.                     CFR Code of Federal Regulations                       company to complete the proper
                                                  (e) Enforcement period. This section                  DHS Department of Homeland Security                   dredging of the main navigational
                                                will be enforced from 7 a.m. on                         FR Federal Register                                   channel. Allowing this event to go
                                                                                                        NPRM Notice of proposed rulemaking
                                                September 7, 2016, through 6 p.m. on                    § Section                                             forward without a safety zone in place
                                                October 7, 2016.                                        U.S.C. United States Code                             would expose mariners and the public
                                                  Dated: July 28, 2016.                                 COTP Captain of the Port                              to unnecessary dangers associated with
                                                Richard J. Wester,                                                                                            dredge piping and dredge operations.
                                                Captain, U.S. Coast Guard, Captain of the               II. Background Information and                        Therefore, it is imperative that there is
                                                Port Hampton Roads.                                     Regulatory History                                    a safety zone restricting traffic in this
                                                [FR Doc. 2016–20855 Filed 8–29–16; 8:45 am]                Efforts to dredge the Shark River have             portion of the Shark River, in Neptune
                                                                                                        been underway for well over a decade.                 City, NJ.
                                                BILLING CODE 9110–04–P
                                                                                                        After Superstorm Sandy the need to                       We are issuing this rule, and under 5
                                                                                                        dredge the river increased significantly              U.S.C. 553(d)(3), the Coast Guard finds
                                                DEPARTMENT OF HOMELAND                                  due to sediment deposited by the storm,               that good cause exists for making it
                                                SECURITY                                                which impeded navigation within those                 effective less than 30 days after
                                                                                                        channels. Funding issues and concerns                 publication in the Federal Register for
                                                Coast Guard                                             over dewatering locations (locations to               the reasons we stated for not publishing
                                                                                                        dry the dredged materials) have                       an NPRM. The Coast Guard expects that
                                                33 CFR Part 165                                         historically stalled the progress of this             there will be an impact to vessel traffic
                                                [Docket Number USCG–2016–0824]                          project.                                              during times when the navigational
                                                                                                           Mobile Dredging and Pumping Co.                    channel is restricted. However, there
                                                RIN 1625–AA00                                           has been awarded the contract to restore              will be times throughout the project
                                                                                                        the state channels to allow safe passage              where vessel traffic is not restricted and
                                                Safety Zone; Dredging, Shark River, NJ
                                                                                                        for recreational and commercial traffic.              traffic will be able to freely flow through
                                                AGENCY:    Coast Guard, DHS.                            The project requires dredging                         the main navigational channel.
                                                ACTION:   Temporary final rule.                         approximately 102,000 cubic yards of                  Furthermore, notification of the
                                                                                                        sediment comprised of sand and silt.                  waterway restrictions will be made by
                                                SUMMARY:    The Coast Guard is                          The sediment will be hydraulically                    the contractor, Mobile Dredging and
                                                establishing a temporary safety zone on                 dredged and piped via a secure welded                 Pumping Co. Additionally the New
                                                a portion of Shark River, in Neptune                    pipeline to the selected dewatering                   Jersey Department of Transportation,
                                                City, NJ, from September 1, 2016,                       locations.                                            Office of Marine Resources, will be
                                                through September 30, 2016, while                          The purpose of this rule is to promote             conducting outreach to the local
                                                dredging operations are being                           maritime safety and protect vessels from              community. Notification of the safety
                                                conducted in the main navigational                      the hazards of dredge piping and dredge               zone and waterway restrictions will be
                                                channel. This safety zone is necessary to               operations. The rule will temporarily                 made by the COTP via marine safety
                                                provide for the safety of life on                       restrict vessel traffic from transiting a             broadcast using VHF–FM channel 16
                                                navigable waters during dredging                        portion of the Shark River while                      and through the Local Notice to
                                                operations and will restrict vessel traffic             dredging operations are being                         Mariners.
                                                from transiting the main navigational                   conducted in the main navigational
                                                channel.                                                channel.                                              III. Legal Authority and Need for Rule
                                                                                                           The Coast Guard is issuing this
                                                DATES:  This rule is effective from                     temporary rule without prior notice and                  The Coast Guard is issuing this rule
                                                September 1, 2016, through September                    opportunity to comment pursuant to                    under authority in 33 U.S.C. 1231. The
                                                30, 2016. During this period, it will only              authority under section 4(a) of the                   Captain of the Port, Delaware Bay has
                                                be enforced during the following weekly                 Administrative Procedure Act (APA) (5                 determined that potential hazards are
                                                hours, from 9 a.m. on Mondays through                   U.S.C. 553(b)). This provision                        associated with dredge piping and
                                                9 p.m. on Thursdays, with the exception                 authorizes an agency to issue a rule                  dredge operations from September 1,
                                                of Labor Day weekend, 6 a.m. Friday                     without prior notice and opportunity to               2016, through September 30, 2016. The
                                                September 2, 2016 through 12 p.m.                       comment when the agency for good                      rule is necessary to promote maritime
                                                Tuesday September 6, 2016.                              cause finds that those procedures are                 safety and protect vessels from the
                                                ADDRESSES: To view documents                            ‘‘impracticable, unnecessary, or contrary             hazards of dredge piping and dredge
                                                mentioned in this preamble as being                     to the public interest.’’ Under 5 U.S.C.              operations.
                                                available in the docket, go to, type                    553(b)(B), the Coast Guard finds that                    The rule will have an impact to
                                                USCG–2016–0824 in the ‘‘SEARCH’’                        good cause exists for not publishing a                vessels transiting through the Shark
                                                box and click ‘‘SEARCH.’’ Click on                      notice of proposed rulemaking (NPRM)                  River main navigational channel, from
                                                Open Docket Folder on the line                          with respect to this rule because the                 latitude 40°10′53.2579″ N., longitude
                                                associated with this rule.                              final details for this event were not                 074°01′52.6231″ W. channel, north, to
                                                FOR FURTHER INFORMATION CONTACT: If                     received by the Coast Guard until                     latitude 40°11′21.0139″ N., longitude
mstockstill on DSK3G9T082PROD with RULES




                                                you have questions about this rule, call                August 17, 2016, and the dredging                     074°01′53.1749″ W. as vessels will be
                                                or email Marine Science Technician                      operation will begin September 1, 2016.               unable to transit the main navigational
                                                First Class Tom Simkins, U.S. Coast                     The safety zone is needed by September                channel during times when dredging
                                                Guard, Sector Delaware Bay, Waterways                   1, 2016, to ensure safe navigation of the             operations are being conducted. This
                                                Management Division, Coast Guard;                       vessels transiting the Shark River, and it            restriction is necessary to ensure the
                                                telephone (215) 271–4889, email                         is impracticable to publish an NPRM                   safety of life and protect vessel from
                                                Tom.J.Simkins@uscg.mil.                                 and consider comments before that date.               dredge piping and dredge operations.


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Document Created: 2018-02-09 11:42:53
Document Modified: 2018-02-09 11:42:53
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 from 7 a.m. on September 7, 2016, through 6 p.m. on October 7, 2016.
ContactIf you have questions on this rule, call or email LCDR Barbara Wilk, Waterways Management Division Chief, Sector Hampton Roads, U.S. Coast Guard; telephone 757-668-5580, email [email protected]
FR Citation81 FR 59480 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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