81_FR_7734 81 FR 7704 - Safety Zone; James River, Newport News, VA

81 FR 7704 - Safety Zone; James River, Newport News, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 30 (February 16, 2016)

Page Range7704-7706
FR Document2016-03090

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 81 Issue 30 (Tuesday, February 16, 2016)
[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Rules and Regulations]
[Pages 7704-7706]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03090]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0044]
RIN 1625-AA00


Safety Zone; James River, Newport News, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

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 from 8 a.m. on February 29, 2016 through 
4 p.m. on March 4, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0044 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
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
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

[[Page 7705]]

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 training starting on 
February 29, 2016 was not received by the Coast Guard with sufficient 
time to allow for an opportunity to comment on the proposed rule. 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. Delaying 
the effective date of this safety zone would be contrary to the public 
interest as immediate action is needed to ensure the safety of the 
training participants, patrol vessels, and other vessels transiting the 
military exercise area. 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. 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. Due to 
the need for immediate action, the restriction on vessel traffic is 
necessary to protect life, property and the environment. 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.

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 training starting on 
February 29, 2016 will be a safety concern for anyone within a 1500-
foot radius of the M/V SS DEL MONTE. This rule is needed to protect the 
participants, patrol vessels, and other vessels transiting the 
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.

IV. Discussion of the Rule

    The Captain of the Port of Hampton Roads is establishing a safety 
zone on 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 M/V SS DEL MONTE location at 
position 37[deg]06'11'' N., 076[deg]38'40'' W. (NAD 1983). This safety 
zone still allows for navigation on the waterway. This safety zone will 
be established and enforced from 8 a.m. on February 29, 2016 through 4 
p.m. on March 4, 2016. Access to the safety zone will be restricted 
during the effective period. Except for participants and vessels 
authorized by the Captain of the Port or 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.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 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 E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    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 impact a small designated area 
during a time of year when vessel traffic is normally low; and (ii) the 
Coast Guard will make extensive notification to the maritime community 
via marine information broadcasts so mariners may adjust their plans 
accordingly.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
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 E.O. 13132, 
Federalism, if it has a substantial direct effect on the States,

[[Page 7706]]

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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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 less than 4 days that will prohibit 
entry within 1500 feet of the M/V SS DEL MONTE along the James River. 
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, 160.5; Department of Homeland Security Delegation No. 
0170.1.


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


165.T05-0202  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.
    (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 (165.65Mhz) 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 
February 29, 2016 through 4 p.m. on March 4, 2016.

    Dated: January 13, 2016.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2016-03090 Filed 2-12-16; 8:45 am]
BILLING CODE 9110-04-P



                                                7704             Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations

                                                considering the volume of the                             (3) There are means to exclude                      DEPARTMENT OF HOMELAND
                                                compartment and the ventilation rate.                   hazardous quantities of smoke, flames,                SECURITY
                                                The capacity of each system is adequate                 or extinguishing agent from any
                                                if there is sufficient quantity of agent to             compartment occupied by the crew or                   Coast Guard
                                                extinguish the fire or suppress the fire                passengers.
                                                anywhere baggage or cargo is placed                                                                           33 CFR Part 165
                                                within the cargo compartment for the                    ■ 5. Amend appendix F to part 25 by
                                                                                                                                                              [Docket Number USCG–2016–0044]
                                                duration required to land and evacuate                  revising the heading for part I and
                                                the airplane.                                           paragraphs (a)(1)(ii) and (a)(2)(iii) under           RIN 1625–AA00
                                                ■ 3. Amend § 25.855 by revising                         part 1 to read as follows:
                                                paragraphs (b), (c), and (h)(3) to read as                                                                    Safety Zone; James River, Newport
                                                follows:                                                APPENDIX F TO PART 25                                 News, VA
                                                                                                        Part I—Test Criteria and Procedures for               AGENCY:    Coast Guard, DHS.
                                                § 25.855   Cargo or baggage compartments.               Showing Compliance With § 25.853 or
                                                *      *     *     *    *                               § 25.855                                              ACTION:   Temporary final rule.
                                                   (b) Each of the following cargo or
                                                                                                           (a) * * *                                          SUMMARY:    The Coast Guard is
                                                baggage compartments, as defined in
                                                                                                           (1) * * *                                          establishing a safety zone on the
                                                § 25.857, must have a liner that is
                                                                                                           (ii) Floor covering, textiles (including           navigable waters of the James River, in
                                                separate from, but may be attached to,
                                                                                                        draperies and upholstery), seat cushions,             the vicinity of the James River Reserve
                                                the airplane structure:
                                                                                                        padding, decorative and non-decorative                Fleet, in support of United States Navy
                                                   (1) Any Class B through Class E cargo
                                                                                                        coated fabrics, leather, trays and galley             explosives training on the M/V SS DEL
                                                or baggage compartment, and
                                                   (2) Any Class F cargo or baggage                     furnishings, electrical conduit, air ducting,         MONTE. This safety zone will restrict
                                                compartment, unless other means of                      joint and edge covering, liners of Class B and        vessel movement in the specified area
                                                                                                        E cargo or baggage compartments, floor                during the explosives training. This
                                                containing a fire and protecting critical
                                                                                                        panels of Class B, C, E, or F cargo or baggage        action is necessary to provide for the
                                                systems and structure are provided.
                                                   (c) Ceiling and sidewall liner panels                compartments, cargo covers and                        safety of life and property on the
                                                of Class C cargo or baggage                             transparencies, molded and thermoformed               surrounding navigable waters during the
                                                compartments, and ceiling and sidewall                  parts, air ducting joints, and trim strips            United States Navy explosives training.
                                                liner panels in Class F cargo or baggage                (decorative and chafing), that are constructed
                                                                                                                                                              DATES: This rule is effective from 8 a.m.
                                                compartments, if installed to meet the                  of materials not covered in paragraph
                                                                                                        (a)(1)(iv) below, must be self-extinguishing
                                                                                                                                                              on February 29, 2016 through 4 p.m. on
                                                requirements of paragraph (b)(2) of this                                                                      March 4, 2016.
                                                                                                        when tested vertically in accordance with the
                                                section, must meet the test requirements                                                                      ADDRESSES: To view documents
                                                                                                        applicable portions of part I of this appendix
                                                of part III of appendix F of this part or                                                                     mentioned in this preamble as being
                                                                                                        or other approved equivalent means. The
                                                other approved equivalent methods.                                                                            available in the docket, go to http://
                                                                                                        average burn length may not exceed 8 inches,
                                                *      *     *     *    *                               and the average flame time after removal of           www.regulations.gov, type USCG–2016–
                                                   (h) * * *                                            the flame source may not exceed 15 seconds.           0044 in the ‘‘SEARCH’’ box and click
                                                   (3) The dissipation of the                                                                                 ‘‘SEARCH.’’ Click on Open Docket
                                                                                                        Drippings from the test specimen may not
                                                extinguishing agent in all Class C                                                                            Folder on the line associated with this
                                                                                                        continue to flame for more than an average
                                                compartments and, if applicable, in any                 of 5 seconds after falling.                           rule.
                                                Class F compartments.
                                                                                                        *      *      *      *       *                        FOR FURTHER INFORMATION CONTACT: If
                                                *      *     *     *    *                                                                                     you have questions on this rule, call or
                                                                                                           (2) * * *
                                                ■ 4. Amend § 25.857 by revising                            (iii) A cargo or baggage compartment               email LCDR Barbara Wilk, Waterways
                                                paragraph (b)(1) and adding paragraph                   defined in § 25.857 as Class B, C, E, or F must       Management Division Chief, Sector
                                                (f) to read as follows:                                 have floor panels constructed of materials            Hampton Roads, U.S. Coast Guard;
                                                                                                        which meet the requirements of paragraph              telephone 757–668–5580, email
                                                § 25.857 Cargo compartment
                                                classification.                                         (a)(1)(ii) of part I of this appendix and which       HamptonRoadsWaterway@uscg.mil.
                                                                                                        are separated from the airplane structure             SUPPLEMENTARY INFORMATION:
                                                *     *     *     *     *                               (except for attachments). Such panels must
                                                  (b) * * *                                                                                                   I. Table of Abbreviations
                                                                                                        be subjected to the 45 degree angle test. The
                                                  (1) There is sufficient access in flight
                                                                                                        flame may not penetrate (pass through) the            CFR Code of Federal Regulations
                                                to enable a crewmember, standing at
                                                                                                        material during application of the flame or           DHS Department of Homeland Security
                                                any one access point and without
                                                                                                        subsequent to its removal. The average flame          E.O. Executive order
                                                stepping into the compartment, to                                                                             FR Federal Register
                                                                                                        time after removal of the flame source may
                                                extinguish a fire occurring in any part                                                                       NPRM Notice of proposed rulemaking
                                                                                                        not exceed 15 seconds, and the average glow
                                                of the compartment using a hand fire                                                                          Pub. L. Public Law
                                                                                                        time may not exceed 10 seconds.
                                                extinguisher;                                                                                                 § Section
                                                *     *     *     *     *                               *      *      *      *       *                        U.S.C. United States Code
                                                  (f) Class F. A Class F cargo or baggage                 Issued under authority provided by 49
                                                                                                                                                              II. Background Information and
                                                compartment must be located on the                      U.S.C. 106(f), 44701(a), and 44702 in
                                                                                                                                                              Regulatory History
                                                main deck and is one in which—                          Washington, DC, on January 29, 2016.
                                                  (1) There is a separate approved                      Michael P. Huerta,                                      The Coast Guard is issuing this
mstockstill on DSK4VPTVN1PROD with RULES




                                                smoke detector or fire detector system to                                                                     temporary rule without prior notice and
                                                                                                        Administrator.
                                                give warning at the pilot or flight                                                                           opportunity to comment pursuant to
                                                                                                        [FR Doc. 2016–03000 Filed 2–12–16; 8:45 am]
                                                engineer station;                                                                                             authority under section 4(a) of the
                                                  (2) There are means to extinguish or                  BILLING CODE 4910–13–P                                Administrative Procedure Act (APA) (5
                                                control a fire without requiring a                                                                            U.S.C. 553(b)). This provision
                                                crewmember to enter the compartment;                                                                          authorizes an agency to issue a rule
                                                and                                                                                                           without prior notice and opportunity to


                                           VerDate Sep<11>2014   17:32 Feb 12, 2016   Jkt 238001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\16FER1.SGM   16FER1


                                                                 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations                                          7705

                                                comment when the agency for good                        the vicinity of the James River Reserve               to the maritime community via marine
                                                cause finds that those procedures are                   Fleet, from hazards associated with                   information broadcasts so mariners may
                                                ‘‘impracticable, unnecessary, or contrary               military explosives operations. The                   adjust their plans accordingly.
                                                to the public interest.’’ Under 5 U.S.C.                potential hazards to mariners within the
                                                                                                                                                              B. Impact on Small Entities
                                                553(b)(B), the Coast Guard finds that                   safety zone include shock waves, flying
                                                good cause exists for not publishing a                  shrapnel, and loud noises.                               The Regulatory Flexibility Act of
                                                notice of proposed rulemaking (NPRM)                                                                          1980, 5 U.S.C. 601–612, as amended,
                                                                                                        IV. Discussion of the Rule                            requires Federal agencies to consider
                                                with respect to this rule because
                                                information about the training starting                   The Captain of the Port of Hampton                  the potential impact of regulations on
                                                on February 29, 2016 was not received                   Roads is establishing a safety zone on                small entities during rulemaking. The
                                                by the Coast Guard with sufficient time                 James River, in the vicinity of the James             term ‘‘small entities’’ comprises small
                                                to allow for an opportunity to comment                  River Reserve Fleet, in Newport News,                 businesses, not-for-profit organizations
                                                on the proposed rule. This military                     VA. The safety zone will encompass all                that are independently owned and
                                                training is necessary to train and qualify              navigable waters within a 1500 foot                   operated and are not dominant in their
                                                Navy personnel in the use of explosives.                radius of the M/V SS DEL MONTE                        fields, and governmental jurisdictions
                                                This training is imperative to ensure                   location at position 37°06′11″ N.,                    with populations of less than 50,000.
                                                that Navy personnel located within the                  076°38′40″ W. (NAD 1983). This safety                 The Coast Guard certifies under 5 U.S.C.
                                                Fifth Coast Guard District are properly                 zone still allows for navigation on the               605(b) that this rule will not have a
                                                trained and qualified before conducting                 waterway. This safety zone will be                    significant economic impact on a
                                                military and national security                          established and enforced from 8 a.m. on               substantial number of small entities.
                                                operations for use in securing ports and                February 29, 2016 through 4 p.m. on                      While some owners or operators of
                                                waterways. Navy policy requires that                    March 4, 2016. Access to the safety zone              vessels intending to transit the safety
                                                Navy personnel meet and maintain                        will be restricted during the effective               zone may be small entities, for the
                                                certain qualification standards before                  period. Except for participants and                   reasons stated in section V.A above, this
                                                being allowed to carry out certain                      vessels authorized by the Captain of the              rule will not have a significant
                                                missions. Delaying the effective date of                Port or his Representative, no person or              economic impact on any vessel owner
                                                this safety zone would be contrary to the               vessel may enter or remain in the                     or operator.
                                                public interest as immediate action is                  regulated area.                                          Under section 213(a) of the Small
                                                needed to ensure the safety of the                        The Captain of the Port will give                   Business Regulatory Enforcement
                                                training participants, patrol vessels, and              notice of the enforcement of the safety               Fairness Act of 1996 (Pub. L. 104–121),
                                                other vessels transiting the military                   zone by all appropriate means to                      we want to assist small entities in
                                                exercise area. The Coast Guard will                     provide the widest dissemination of                   understanding this rule. If the rule
                                                provide advance notifications to users of               notice to the affected segments of the                would affect your small business,
                                                the affected waterway via marine                        public. This includes publication in the              organization, or governmental
                                                information broadcasts and local notice                 Local Notice to Mariners and Marine                   jurisdiction and you have questions
                                                to mariners.                                            Information Broadcasts.                               concerning its provisions or options for
                                                   We are issuing this rule, and under 5                                                                      compliance, please contact the person
                                                U.S.C. 553(d)(3), the Coast Guard finds                 V. Regulatory Analyses
                                                                                                                                                              listed in the FOR FURTHER INFORMATION
                                                that good cause exists for making it                      We developed this rule after                        CONTACT section.
                                                effective less than 30 days after                       considering numerous statutes and                        Small businesses may send comments
                                                publication in the Federal Register.                    executive orders (E.O.s) related to                   on the actions of Federal employees
                                                Failure to conduct this required training               rulemaking. Below we summarize our                    who enforce, or otherwise determine
                                                at this time will result in a lapse in                  analyses based on a number of these                   compliance with, Federal regulations to
                                                personnel qualification standards and,                  statutes and E.O.s, and we discuss First              the Small Business and Agriculture
                                                consequently, the inability of Navy                     Amendment rights of protestors.                       Regulatory Enforcement Ombudsman
                                                personnel to carry out important                                                                              and the Regional Small Business
                                                                                                        A. Regulatory Planning and Review
                                                national security functions. Due to the                                                                       Regulatory Fairness Boards. The
                                                need for immediate action, the                             E.O.s 12866 and 13563 direct agencies              Ombudsman evaluates these actions
                                                restriction on vessel traffic is necessary              to assess the costs and benefits of                   annually and rates each agency’s
                                                to protect life, property and the                       available regulatory alternatives and, if             responsiveness to small business. If you
                                                environment. Delaying the effective date                regulation is necessary, to select                    wish to comment on actions by
                                                would be contrary to the safety zone’s                  regulatory approaches that maximize                   employees of the Coast Guard, call 1–
                                                intended objectives of protecting                       net benefits. E.O. 13563 emphasizes the               888–REG–FAIR (1–888–734–3247). The
                                                persons and vessels, and enhancing                      importance of quantifying both costs                  Coast Guard will not retaliate against
                                                public and maritime safety.                             and benefits, of reducing costs, of                   small entities that question or complain
                                                                                                        harmonizing rules, and of promoting                   about this rule or any policy or action
                                                III. Legal Authority and Need for Rule                  flexibility. This rule has not been                   of the Coast Guard.
                                                   The Coast Guard is issuing this rule                 designated a ‘‘significant regulatory
                                                under authority in 33 U.S.C. 1231. The                  action,’’ under E.O. 12866. Accordingly,              C. Collection of Information
                                                Captain of the Port Hampton Roads                       it has not been reviewed by the Office                  This rule will not call for a new
                                                (COTP) has determined that potential                    of Management and Budget.                             collection of information under the
                                                hazards associated with the military                       Although this safety zone restricts                Paperwork Reduction Act of 1995 (44
mstockstill on DSK4VPTVN1PROD with RULES




                                                training starting on February 29, 2016                  vessel traffic through the regulated area,            U.S.C. 3501–3520).
                                                will be a safety concern for anyone                     the effect of this rule will not be
                                                within a 1500-foot radius of the M/V SS                 significant because: (i) This rule will               D. Federalism and Indian Tribal
                                                DEL MONTE. This rule is needed to                       only be impact a small designated area                Governments
                                                protect the participants, patrol vessels,               during a time of year when vessel traffic                A rule has implications for federalism
                                                and other vessels transiting the                        is normally low; and (ii) the Coast                   under E.O. 13132, Federalism, if it has
                                                navigable waters of the James River, in                 Guard will make extensive notification                a substantial direct effect on the States,


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                                                7706             Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations

                                                on the relationship between the national                discovery of a significant environmental                (5) The Coast Guard and designated
                                                government and the States, or on the                    impact from this rule.                                James River Reserve Fleet security
                                                distribution of power and                                                                                     vessels enforcing the safety zone can be
                                                                                                        G. Protest Activities
                                                responsibilities among the various                                                                            contacted on VHF–FM marine band
                                                levels of government. We have analyzed                    The Coast Guard respects the First                  radio channel 13 (165.65Mhz) and
                                                this rule under that Order and have                     Amendment rights of protesters.                       channel 16 (156.8 Mhz).
                                                determined that it is consistent with the               Protesters are asked to contact the                     (6) This section applies to all persons
                                                fundamental federalism principles and                   person listed in the FOR FURTHER                      or vessels wishing to transit through the
                                                preemption requirements described in                    INFORMATION CONTACT section to                        safety zone except participants and
                                                E.O. 13132.                                             coordinate protest activities so that your            vessels that are engaged in the following
                                                  Also, this rule does not have tribal                  message can be received without                       operations:
                                                implications under E.O. 13175,                          jeopardizing the safety or security of                  (i) Enforcing laws;
                                                Consultation and Coordination with                      people, places or vessels.                              (ii) Servicing aids to navigation; and
                                                Indian Tribal Governments, because it                                                                           (iii) Emergency response vessels.
                                                                                                        List of Subjects in 33 CFR Part 165                     (7) The U.S. Coast Guard may be
                                                does not have a substantial direct effect
                                                on one or more Indian tribes, on the                      Harbors, Marine safety, Navigation                  assisted in the patrol and enforcement
                                                relationship between the Federal                        (water), Reporting and recordkeeping                  of the safety zone by Federal, State, and
                                                Government and Indian tribes, or on the                 requirements, Security measures,                      local agencies.
                                                distribution of power and                               Waterways.                                              (d) Enforcement period. This rule will
                                                responsibilities between the Federal                      For the reasons discussed in the                    be enforced from 8 a.m. on February 29,
                                                Government and Indian tribes. If you                    preamble, the Coast Guard amends 33                   2016 through 4 p.m. on March 4, 2016.
                                                believe this rule has implications for                  CFR part 165 as follows:                                Dated: January 13, 2016.
                                                federalism or Indian tribes, please                                                                           Christopher S. Keane,
                                                contact the person listed in the FOR                    PART 165—REGULATED NAVIGATION
                                                                                                                                                              Captain, U.S. Coast Guard, Captain of the
                                                FURTHER INFORMATION CONTACT section                     AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                              Port Hampton Roads.
                                                above.                                                  ■ 1. The authority citation for part 165              [FR Doc. 2016–03090 Filed 2–12–16; 8:45 am]
                                                E. Unfunded Mandates Reform Act                         continues to read as follows:                         BILLING CODE 9110–04–P

                                                  The Unfunded Mandates Reform Act                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                of 1995 (2 U.S.C. 1531–1538) requires                   33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
                                                Federal agencies to assess the effects of               Department of Homeland Security Delegation            ENVIRONMENTAL PROTECTION
                                                                                                        No. 0170.1.                                           AGENCY
                                                their discretionary regulatory actions. In
                                                particular, the Act addresses actions                   ■ 2. Add § 165.T05–0701 to read as
                                                                                                                                                              40 CFR Part 52
                                                that may result in the expenditure by a                 follows:
                                                State, local, or tribal government, in the                                                                    [EPA–R08–OAR–2015–0670; FRL–9942–31–
                                                                                                        165.T05–0202 Safety Zone, James River;                Region 8]
                                                aggregate, or by the private sector of                  Newport News, VA.
                                                $100,000,000 (adjusted for inflation) or
                                                                                                          (a) Definitions. For the purposes of                Approval and Promulgation of Air
                                                more in any one year. Though this rule
                                                                                                        this section, Captain of the Port means               Quality Implementation Plans; 2008
                                                will not result in such an expenditure,
                                                                                                        the Commander, Sector Hampton Roads.                  Ozone NAAQS Interstate Transport for
                                                we do discuss the effects of this rule
                                                                                                        Representative means any Coast Guard                  Colorado, Montana, North Dakota and
                                                elsewhere in this preamble.                             commissioned, warrant or petty officer                South Dakota
                                                F. Environment                                          who has been authorized to act on the
                                                                                                        behalf of the Captain of the Port.                    AGENCY:  Environmental Protection
                                                  We have analyzed this rule under                                                                            Agency (EPA).
                                                Department of Homeland Security                         Participants mean individuals and
                                                                                                        vessels involved in explosives training.              ACTION: Final rule.
                                                Management Directive 023–01 and
                                                                                                          (b) Locations. The following area is a
                                                Commandant Instruction M16475.lD,                                                                             SUMMARY:    The Environmental Protection
                                                                                                        safety zone:
                                                which guide the Coast Guard in                            (1) All waters in the vicinity of the of            Agency (EPA) is approving State
                                                complying with the National                             the James River Reserve Fleet, in the                 Implementation Plan (SIP) submissions
                                                Environmental Policy Act of 1969 (42                    James River, within a 1500 foot radius                from the states of Colorado, Montana,
                                                U.S.C. 4321–4370f), and have                            of the M/V SS DEL MONTE in                            North Dakota and South Dakota that are
                                                determined that this action is one of a                 approximate position 37°06′11″ N.,                    intended to demonstrate that the SIP for
                                                category of actions that do not                         076°38′40″ W. (NAD 1983).                             each respective state meets certain
                                                individually or cumulatively have a                       (c) Regulations. (1) All persons are                interstate transport requirements of the
                                                significant effect on the human                         required to comply with the general                   Clean Air Act (Act or CAA) for the 2008
                                                environment. This rule involves a safety                regulations governing safety zones in                 8-hour ozone National Ambient Air
                                                zone lasting less than 4 days that will                 § 165.23 of this part.                                Quality Standards (NAAQS). These
                                                prohibit entry within 1500 feet of the M/                 (2) With the exception of participants,             submissions address the requirement
                                                V SS DEL MONTE along the James                          entry into or remaining in this safety                that each SIP contain adequate
                                                River. It is categorically excluded from                zone is prohibited unless authorized by               provisions prohibiting air emissions that
                                                further review under paragraph 34(g) of                 the Captain of the Port, Hampton Roads                will have certain adverse air quality
                                                Figure 2–1 of the Commandant                            or his designated representatives.                    effects in other states. The EPA is
mstockstill on DSK4VPTVN1PROD with RULES




                                                Instruction. An environmental analysis                    (3) All vessels underway within this                approving these SIPs for all four states
                                                checklist supporting this determination                 safety zone at the time it is implemented             as containing adequate provisions to
                                                and a Categorical Exclusion                             are to depart the zone immediately.                   ensure that air emissions in the states do
                                                Determination are available in the                        (4) The Captain of the Port, Hampton                not significantly contribute to
                                                docket where indicated under                            Roads or his representative can be                    nonattainment or interfere with
                                                ADDRESSES. We seek any comments or                      contacted at telephone number (757)                   maintenance of the 2008 8-hour ozone
                                                information that may lead to the                        668–5555.                                             NAAQS in any other state.


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Document Created: 2016-02-13 03:13:03
Document Modified: 2016-02-13 03:13:03
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 8 a.m. on February 29, 2016 through 4 p.m. on March 4, 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 7704 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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