Safety Zone; James River, Newport News, VA, 7704-7706 [2016-03090]
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Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations
considering the volume of the
compartment and the ventilation rate.
The capacity of each system is adequate
if there is sufficient quantity of agent to
extinguish the fire or suppress the fire
anywhere baggage or cargo is placed
within the cargo compartment for the
duration required to land and evacuate
the airplane.
■ 3. Amend § 25.855 by revising
paragraphs (b), (c), and (h)(3) to read as
follows:
§ 25.855
Cargo or baggage compartments.
*
*
*
*
*
(b) Each of the following cargo or
baggage compartments, as defined in
§ 25.857, must have a liner that is
separate from, but may be attached to,
the airplane structure:
(1) Any Class B through Class E cargo
or baggage compartment, and
(2) Any Class F cargo or baggage
compartment, unless other means of
containing a fire and protecting critical
systems and structure are provided.
(c) Ceiling and sidewall liner panels
of Class C cargo or baggage
compartments, and ceiling and sidewall
liner panels in Class F cargo or baggage
compartments, if installed to meet the
requirements of paragraph (b)(2) of this
section, must meet the test requirements
of part III of appendix F of this part or
other approved equivalent methods.
*
*
*
*
*
(h) * * *
(3) The dissipation of the
extinguishing agent in all Class C
compartments and, if applicable, in any
Class F compartments.
*
*
*
*
*
■ 4. Amend § 25.857 by revising
paragraph (b)(1) and adding paragraph
(f) to read as follows:
§ 25.857 Cargo compartment
classification.
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
*
*
(b) * * *
(1) There is sufficient access in flight
to enable a crewmember, standing at
any one access point and without
stepping into the compartment, to
extinguish a fire occurring in any part
of the compartment using a hand fire
extinguisher;
*
*
*
*
*
(f) Class F. A Class F cargo or baggage
compartment must be located on the
main deck and is one in which—
(1) There is a separate approved
smoke detector or fire detector system to
give warning at the pilot or flight
engineer station;
(2) There are means to extinguish or
control a fire without requiring a
crewmember to enter the compartment;
and
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(3) There are means to exclude
hazardous quantities of smoke, flames,
or extinguishing agent from any
compartment occupied by the crew or
passengers.
5. Amend appendix F to part 25 by
revising the heading for part I and
paragraphs (a)(1)(ii) and (a)(2)(iii) under
part 1 to read as follows:
■
APPENDIX F TO PART 25
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
Part I—Test Criteria and Procedures for
Showing Compliance With § 25.853 or
§ 25.855
AGENCY:
(a) * * *
(1) * * *
(ii) Floor covering, textiles (including
draperies and upholstery), seat cushions,
padding, decorative and non-decorative
coated fabrics, leather, trays and galley
furnishings, electrical conduit, air ducting,
joint and edge covering, liners of Class B and
E cargo or baggage compartments, floor
panels of Class B, C, E, or F cargo or baggage
compartments, cargo covers and
transparencies, molded and thermoformed
parts, air ducting joints, and trim strips
(decorative and chafing), that are constructed
of materials not covered in paragraph
(a)(1)(iv) below, must be self-extinguishing
when tested vertically in accordance with the
applicable portions of part I of this appendix
or other approved equivalent means. The
average burn length may not exceed 8 inches,
and the average flame time after removal of
the flame source may not exceed 15 seconds.
Drippings from the test specimen may not
continue to flame for more than an average
of 5 seconds after falling.
SUMMARY:
*
*
*
*
*
(2) * * *
(iii) A cargo or baggage compartment
defined in § 25.857 as Class B, C, E, or F must
have floor panels constructed of materials
which meet the requirements of paragraph
(a)(1)(ii) of part I of this appendix and which
are separated from the airplane structure
(except for attachments). Such panels must
be subjected to the 45 degree angle test. The
flame may not penetrate (pass through) the
material during application of the flame or
subsequent to its removal. The average flame
time after removal of the flame source may
not exceed 15 seconds, and the average glow
time may not exceed 10 seconds.
*
*
*
*
*
Issued under authority provided by 49
U.S.C. 106(f), 44701(a), and 44702 in
Washington, DC, on January 29, 2016.
Michael P. Huerta,
Administrator.
[FR Doc. 2016–03000 Filed 2–12–16; 8:45 am]
BILLING CODE 4910–13–P
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ACTION:
Coast Guard, DHS.
Temporary final rule.
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 https://
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
HamptonRoadsWaterway@uscg.mil.
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
§ 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
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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
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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°06′11″ N.,
076°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
PO 00000
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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,
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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.
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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
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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
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.T05–0202 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°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.
(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.
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(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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2015–0670; FRL–9942–31–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; 2008
Ozone NAAQS Interstate Transport for
Colorado, Montana, North Dakota and
South Dakota
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) submissions
from the states of Colorado, Montana,
North Dakota and South Dakota that are
intended to demonstrate that the SIP for
each respective state meets certain
interstate transport requirements of the
Clean Air Act (Act or CAA) for the 2008
8-hour ozone National Ambient Air
Quality Standards (NAAQS). These
submissions address the requirement
that each SIP contain adequate
provisions prohibiting air emissions that
will have certain adverse air quality
effects in other states. The EPA is
approving these SIPs for all four states
as containing adequate provisions to
ensure that air emissions in the states do
not significantly contribute to
nonattainment or interfere with
maintenance of the 2008 8-hour ozone
NAAQS in any other state.
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Rules and Regulations]
[Pages 7704-7706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://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
HamptonRoadsWaterway@uscg.mil.
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
