Safety Zone, James River; Newport News, VA, 49152-49155 [2015-20115]
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49152
Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations
(f) Notice of intent to disclose. HUD
will consider a submitter’s objections
and specific grounds for nondisclosure
in deciding whether to disclose business
information. Whenever HUD decides to
disclose business information over the
objection of a submitter, HUD will give
the submitter written notice, which will
include:
(1) A statement of the reason(s) why
each of the submitter’s disclosure
objections was not sustained;
(2) A description of the business
information to be disclosed; and
(3) A specified disclosure date, which
shall be a reasonable time subsequent to
the notice.
(g) Exceptions to notice requirements.
The notice requirements of paragraphs
(c) and (f) of this section will not apply
if:
(1) HUD determines that the
information should not be disclosed;
(2) The information lawfully has been
published or has been officially made
available to the public; or
(3) Disclosure of the information is
required by statute (other than the
FOIA) or by a regulation issued in
accordance with the requirements of
Executive Order 12600.
(h) Notice of a FOIA lawsuit.
Whenever a requester files a lawsuit
seeking to compel the disclosure of
business information, HUD will
promptly notify the submitter.
(i) Corresponding notice to requesters.
Whenever HUD provides a submitter
with notice and an opportunity to object
to disclosure under paragraph (f) of this
section, HUD will also notify the
requester(s). Whenever a submitter files
a lawsuit seeking to prevent the
disclosure of business information, HUD
will notify the requester(s).
tkelley on DSK3SPTVN1PROD with RULES
§ 15.109
Appeals.
(a) In general. A requester may appeal
an adverse determination denying a
request, in any respect, in writing. The
letter of appeal should clearly identify
the determination that is being appealed
and the assigned tracking number. The
appeal letter and envelope should be
marked ‘‘Freedom of Information Act
Appeal’’ for the quickest possible
handling. If mailed, the requester’s letter
of appeal must be postmarked within 30
calendar days of the date of HUD’s letter
of determination. If the letter of appeal
is transmitted electronically or by a
means other than the United States
Postal Service, it must be received in the
appropriate office by the close of
business on the 30th calendar day after
the date of HUD’s letter of
determination.
(b) Time frames—(1) Expedited
processing. HUD will decide an appeal
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of a denial of a request to expedite
processing of a FOIA request within 10
working days of receipt of the appeal.
(2) All other appeals. HUD will make
a determination on appeals within 20
working days of receipt, unless unusual
circumstances require HUD to extend
the time for an additional 10 working
days.
(3) Exceptions. An appeal ordinarily
will not be acted upon if the subject of
the appeal is simultaneously being
litigated in an applicable Federal court.
(c) Content of appeals. An appeal
letter should include the following:
(1) A copy of the original request;
(2) A copy of the adverse
determination;
(3) A statement of facts and legal
arguments supporting the appeal; and
(4) Any additional information the
appellant wishes to include.
(d) When appeal is required. Before
seeking a court review of HUD’s adverse
determination, a requester generally
must have exhausted their
administrative remedies.
§ 15.110
HUD response to appeals.
(a) In general. (1) The appellate
official will conduct a de novo review
of the entire record and applicable law
when making a decision.
(2) The decision on the appeal will be
made in writing and will be considered
the final action of HUD.
(i) A decision affirming an adverse
determination, in whole or in part, will
contain a statement of the reason(s) for
the affirmation, including any FOIA
exemption(s) applied, and will inform
the appellant of the FOIA provisions for
potential court review of the decision.
(ii) If the adverse determination is
modified on appeal, in whole or in part,
a written decision will be sent to the
appellant and the FOIA request will be
reprocessed in accordance with the
appeal decision.
(iii) Adverse decisions will include
the name and contact information of
dispute resolution services that offer
mediation services to resolve disputes
between FOIA requesters and Federal
agencies as a nonexclusive alternative to
litigation.
(b) Appeal of a denial of record
request. Upon appeal of a denial of a
record request, the appellate official will
issue a decision that either:
(1) Overturns the adverse
determination, in whole or in part, and
remands the request to the appropriate
office. The requester will be notified of
the rationale for the determination in
writing. The original office will then
reprocess the request in accordance
with the appeal determination and
respond directly to the requester; or
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(2) Affirms the adverse determination
and declines to provide the requested
records to the appellant.
(c) Appeal of a fee determination.
Upon appeal of a fee determination, the
appellate official will issue a decision
that either:
(1) Waives the fee or charges the fee
that the appellant requested;
(2) Modifies the original fee charged
and explains why the modified fee is
appropriate; or
(3) Advises the appellant that the
original fee charged was appropriate
and gives the reason behind this
determination.
(d) Appeal of a denial of expedited
processing. Upon appeal of a denial of
an expedited processing request, the
appellate official will issue a decision
that either:
(1) Overturns the adverse
determination and grants the expedited
processing request; or
(2) Affirms the decision to deny
expedited processing.
Date: August 7, 2015.
Nani A. Coloretti,
Deputy Secretary.
[FR Doc. 2015–20226 Filed 8–14–15; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0701]
RIN 1625–AA00
Safety Zone, James River; Newport
News, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone on the
navigable waters of the James River, in
the vicinity of the James River Reserve
Fleet, in support of United States Navy
explosives training on the M/V SS DEL
MONTE. This safety zone will restrict
vessel movement in the specified area
during the explosives training. This
action is necessary to provide for the
safety of life and property on the
surrounding navigable waters during the
United States Navy explosives training.
DATES: This rule is effective and
enforced from 8 a.m. on August 17, 2015
until 4 p.m. on August 21, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0701]. To view documents
SUMMARY:
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Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LCDR Barbara Wilk, Waterways
Management Division Chief, Sector
Hampton Roads, Coast Guard; telephone
(757) 668–5580, email
HamptonRoadsWaterway@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
tkelley on DSK3SPTVN1PROD with RULES
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
B. Basis and Purpose
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior written notice and
opportunity to comment when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing a notice of proposed
rulemaking (NPRM) with respect to this
rule due to the fact that this military
training is necessary to train and qualify
Navy personnel in the use of explosives.
This training is imperative to ensure
that Navy personnel located within the
Fifth Coast Guard District are properly
trained and qualified before conducting
military and national security
operations for use in securing ports and
waterways. Navy policy requires that
Navy personnel meet and maintain
certain qualification standards before
being allowed to carry out certain
missions. Failure to conduct this
required training at this time will result
in a lapse in personnel qualification
standards and, consequently, the
inability of Navy personnel to carry out
important national security functions at
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any time. The Coast Guard received the
information about this event on July 20,
2015; delaying the effective date by first
publishing an NPRM would be contrary
to the safety zone’s intended objectives
as well as to the public interest because
immediate action is needed to protect
persons and vessels against the hazards
associated. The Coast Guard will
provide advance notification to users of
the affected waterway via marine
information broadcasts and local notice
to mariners. The Coast Guard will
provide advance notifications to users of
the affected waterway via marine
information broadcasts and local notice
to mariners.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Due to the need for immediate
action, the restriction on vessel traffic is
necessary to protect life, property and
the environment; therefore, a 30-day
notice is impracticable. Delaying the
effective date would be contrary to the
safety zone’s intended objectives of
protecting persons and vessels, and
enhancing public and maritime safety.
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231; 33 CFR
1.05–1, 6.04–1, 160.5; Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to propose, establish, and
define regulatory safety zones.
The purpose of this safety zone is to
protect the participants, patrol vessels,
and other vessels transiting navigable
waters of the James River, in the vicinity
of the James River Reserve Fleet, from
hazards associated with military
explosives operations. The potential
hazards to mariners within the safety
zone include shock waves, flying
shrapnel, and loud noises.
C. Discussion of the Final Rule
The Captain of the Port of Hampton
Roads is establishing a safety zone on
specified waters of the James River, in
the vicinity of the James River Reserve
Fleet, in Newport News, VA. The safety
zone will encompass all navigable
waters within a 1500 foot radius of the
SS DEL MONTE location at position
37°06′11″ N., 076°38′40″ W. (NAD
1983). This safety zone will be
established and enforced from 8 a.m. on
August 17, 2015 until 4 p.m. on August
21, 2015. Access to the safety zone will
be restricted during the specified dates
and times. Except for participants and
vessels authorized by the Captain of the
Port of his Representative, no person or
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49153
vessel may enter or remain in the
regulated area.
The Captain of the Port will give
notice of the enforcement of the safety
zone by all appropriate means to
provide the widest dissemination of
notice to the affected segments of the
public. This includes publication in the
Local Notice to Mariners and Marine
Information Broadcasts.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. Although this safety zone
restricts vessel traffic through the
regulated area, the effect of this rule will
not be significant because: (i) This rule
will only be enforced for the limited
size and duration of the event; and (ii)
the Coast Guard will make extensive
notification to the maritime community
via marine information broadcasts so
mariners may adjust their plans
accordingly.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule affects the following entities,
some of which might be small entities:
The owners or operators of vessels
intending to transit or anchor in waters
of the Eastern Branch of the Elizabeth
River during the enforcement period.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
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Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations
the following reasons: (i) The safety
zone is of limited size and duration, and
(ii) Sector Hampton Roads will issue
maritime advisories widely available to
users of the James River allowing
mariners to adjust their plans
accordingly.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER
INFORMATION CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
tkelley on DSK3SPTVN1PROD with RULES
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
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Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone. This rule
is categorically excluded from further
review under paragraph 34–(g) of Figure
2–1 of the Commandant Instruction. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Add § 165.T05–0701 to read as
follows:
■
§ 165.T05–0701 Safety Zone, James River;
Newport News, VA.
(a) Definitions. For the purposes of
this section, Captain of the Port means
the Commander, Sector Hampton Roads.
Representative means any Coast Guard
commissioned, warrant or petty officer
who has been authorized to act on the
behalf of the Captain of the Port.
Participants mean individuals and
vessels involved in explosives training.
(b) Locations. The following area is a
safety zone:
(1) All waters in the vicinity of the of
the James River Reserve Fleet, in the
James River, within a 1500 foot radius
of the M/V SS DEL MONTE in
approximate position 37°06′11″ N.,
076°38′40″ W. (NAD 1983).
(c) Regulations. (1) All persons are
required to comply with the general
regulations governing safety zones in
§ 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.
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Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations
(3) All vessels underway within this
safety zone at the time it is implemented
are to depart the zone immediately.
(4) The Captain of the Port, Hampton
Roads or his representative can be
contacted at telephone number (757)
668–5555.
(5) The Coast Guard and designated
James River Reserve Fleet security
vessels enforcing the safety zone can be
contacted on VHF–FM marine band
radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(6) This section applies to all persons
or vessels wishing to transit through the
safety zone except participants and
vessels that are engaged in the following
operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation; and
(iii) Emergency response vessels.
(7) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the safety zone by Federal, State, and
local agencies.
(d) Enforcement period. This rule will
be enforced from 8 a.m. on August 17,
2015 to 4 p.m. on August 21, 2015.
Dated: July 31, 2015.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2015–20115 Filed 8–14–15; 8:45 am]
BILLING CODE 9110–04–P
on August 20, 2015. This rule will be
enforced with actual notice from 6:30
a.m. until 6:30 p.m. on August 18, 2015
and August 19, 2015, or alternatively if
postponed due to inclement weather,
from 6:30 a.m. until 6:30 p.m. on August
20, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0760. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, contact
or email LT Lindsay Cook, U.S. Coast
Guard Marine Safety Unit Chicago, at
(630) 986–2155 or
Lindsay.N.Cook@uscg.mil. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
33 CFR Part 165
A. Regulatory History and Information
[Docket No. USCG–2015–0760]
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior 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 with
respect to this rule because doing so
would be impracticable. The final
details for this event were not known to
the Coast Guard until there was
insufficient time remaining before the
event to publish an NPRM. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be impracticable because it would
inhibit the Coast Guard’s ability to
protect the public and vessels from the
RIN 1625–AA00
Safety Zone; U.S. Army Exercise, Des
Plaines River, Channahon, IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Des Plaines River between mile
marker 277.8 and mile marker 279.2,
Channahon, IL. This safety zone is
intended to restrict vessels from a
portion of the Des Plaines River from
August 18, 2015 to August 19, 2015,
with a rain date of August 20, 2015.
This temporary safety zone is necessary
to protect the surrounding public and
vessels from the hazards associated with
low flying aircraft and bridging
operations spanning the width of the
river for a U.S. Army exercise.
DATES: This rule is effective from 12:01
a.m. on August 18, 2015 to 11:59 p.m.
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SUMMARY:
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49155
hazards associated with low flying
aircraft and bridging operations
spanning the width of the river for a
U.S. Army exercise.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
safety zones: 33 U.S.C. 1231; 33 CFR
1.05–1, 160.5; Department of Homeland
Security Delegation No. 0170.1.
On August 18, 2015 and August 19,
2015, the U.S. Army will conduct a
bridging exercise spanning the width of
the river. The Captain of the Port, Lake
Michigan, has determined that the low
flying aircraft and bridging operations
spanning the width of the river
associated with this exercise will pose
a significant risk to public safety and
property. This safety zone is necessary
to protect the public from the hazards
associated with low flying aircraft and
bridging operations.
C. Discussion of the Final Rule
With the aforementioned hazards in
mind, the Captain of the Port, Lake
Michigan, has determined that this
temporary safety zone is necessary to
ensure the safety of the public and the
participants during a U.S. Army
exercise on a portion of the Des Plaines
River from mile marker 277.8 to mile
marker 279.2. This safety zone will be
enforced from 6:30 a.m. until 6:30 p.m.
on August 18, 2015 and August 19,
2015. If the event is postponed due to
inclement weather, the safety zone will
be enforced from 6:30 a.m. until 6:30
p.m. on August 20, 2015, the allotted
rain date. This zone will encompass all
waters of the Des Plaines River from
mile marker 277.8 to mile marker 279.2.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port, Lake Michigan, or a designated onscene representative. The Captain of the
Port or a designated on-scene
representative may be contacted via
VHF Channel 16.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
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]]>Agencies
[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Rules and Regulations]
[Pages 49152-49155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20115]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0701]
RIN 1625-AA00
Safety Zone, James River; Newport News, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of the James River, in the vicinity of the James River Reserve
Fleet, in support of United States Navy explosives training on the M/V
SS DEL MONTE. This safety zone will restrict vessel movement in the
specified area during the explosives training. This action is necessary
to provide for the safety of life and property on the surrounding
navigable waters during the United States Navy explosives training.
DATES: This rule is effective and enforced from 8 a.m. on August 17,
2015 until 4 p.m. on August 21, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0701]. To view documents
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mentioned in this preamble as being available in the docket, go to
https://www.regulations.gov, type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this rulemaking. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Barbara Wilk, Waterways Management Division Chief,
Sector Hampton Roads, Coast Guard; telephone (757) 668-5580, email
HamptonRoadsWaterway@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior written
notice and opportunity to comment when the agency for good cause finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds
that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule due to the fact that this
military training is necessary to train and qualify Navy personnel in
the use of explosives. This training is imperative to ensure that Navy
personnel located within the Fifth Coast Guard District are properly
trained and qualified before conducting military and national security
operations for use in securing ports and waterways. Navy policy
requires that Navy personnel meet and maintain certain qualification
standards before being allowed to carry out certain missions. Failure
to conduct this required training at this time will result in a lapse
in personnel qualification standards and, consequently, the inability
of Navy personnel to carry out important national security functions at
any time. The Coast Guard received the information about this event on
July 20, 2015; delaying the effective date by first publishing an NPRM
would be contrary to the safety zone's intended objectives as well as
to the public interest because immediate action is needed to protect
persons and vessels against the hazards associated. The Coast Guard
will provide advance notification to users of the affected waterway via
marine information broadcasts and local notice to mariners. The Coast
Guard will provide advance notifications to users of the affected
waterway via marine information broadcasts and local notice to
mariners.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the need for immediate
action, the restriction on vessel traffic is necessary to protect life,
property and the environment; therefore, a 30-day notice is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels,
and enhancing public and maritime safety.
B. Basis and Purpose
The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 33 CFR 1.05-1, 6.04-1, 160.5; Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to propose, establish, and define regulatory safety zones.
The purpose of this safety zone is to protect the participants,
patrol vessels, and other vessels transiting navigable waters of the
James River, in the vicinity of the James River Reserve Fleet, from
hazards associated with military explosives operations. The potential
hazards to mariners within the safety zone include shock waves, flying
shrapnel, and loud noises.
C. Discussion of the Final Rule
The Captain of the Port of Hampton Roads is establishing a safety
zone on specified waters of the James River, in the vicinity of the
James River Reserve Fleet, in Newport News, VA. The safety zone will
encompass all navigable waters within a 1500 foot radius of the SS DEL
MONTE location at position 37[deg]06'11'' N., 076[deg]38'40'' W. (NAD
1983). This safety zone will be established and enforced from 8 a.m. on
August 17, 2015 until 4 p.m. on August 21, 2015. Access to the safety
zone will be restricted during the specified dates and times. Except
for participants and vessels authorized by the Captain of the Port of
his Representative, no person or vessel may enter or remain in the
regulated area.
The Captain of the Port will give notice of the enforcement of the
safety zone by all appropriate means to provide the widest
dissemination of notice to the affected segments of the public. This
includes publication in the Local Notice to Mariners and Marine
Information Broadcasts.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this safety
zone restricts vessel traffic through the regulated area, the effect of
this rule will not be significant because: (i) This rule will only be
enforced for the limited size and duration of the event; and (ii) the
Coast Guard will make extensive notification to the maritime community
via marine information broadcasts so mariners may adjust their plans
accordingly.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule affects the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in waters of the Eastern Branch of the Elizabeth
River during the enforcement period.
This safety zone will not have a significant economic impact on a
substantial number of small entities for
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the following reasons: (i) The safety zone is of limited size and
duration, and (ii) Sector Hampton Roads will issue maritime advisories
widely available to users of the James River allowing mariners to
adjust their plans accordingly.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone.
This rule is categorically excluded from further review under paragraph
34-(g) of Figure 2-1 of the Commandant Instruction. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0701 to read as follows:
Sec. 165.T05-0701 Safety Zone, James River; Newport News, VA.
(a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector Hampton Roads. Representative means
any Coast Guard commissioned, warrant or petty officer who has been
authorized to act on the behalf of the Captain of the Port.
Participants mean individuals and vessels involved in explosives
training.
(b) Locations. The following area is a safety zone:
(1) All waters in the vicinity of the of the James River Reserve
Fleet, in the James River, within a 1500 foot radius of the M/V SS DEL
MONTE in approximate position 37[deg]06'11'' N., 076[deg]38'40'' W.
(NAD 1983).
(c) Regulations. (1) All persons are required to comply with the
general regulations governing safety zones in Sec. 165.23 of this
part.
(2) With the exception of participants, entry into or remaining in
this safety zone is prohibited unless authorized by the Captain of the
Port, Hampton Roads or his designated representatives.
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(3) All vessels underway within this safety zone at the time it is
implemented are to depart the zone immediately.
(4) The Captain of the Port, Hampton Roads or his representative
can be contacted at telephone number (757) 668-5555.
(5) The Coast Guard and designated James River Reserve Fleet
security vessels enforcing the safety zone can be contacted on VHF-FM
marine band radio channel 13 (165.65 Mhz) and channel 16 (156.8 Mhz).
(6) This section applies to all persons or vessels wishing to
transit through the safety zone except participants and vessels that
are engaged in the following operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation; and
(iii) Emergency response vessels.
(7) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the safety zone by Federal, State, and local agencies.
(d) Enforcement period. This rule will be enforced from 8 a.m. on
August 17, 2015 to 4 p.m. on August 21, 2015.
Dated: July 31, 2015.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2015-20115 Filed 8-14-15; 8:45 am]
BILLING CODE 9110-04-P
