Safety Zone; James River, Newport News, VA, 7704-7706 [2016-03090]

Download as PDF 7704 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 VerDate Sep<11>2014 17:32 Feb 12, 2016 Jkt 238001 (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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 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 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 E:\FR\FM\16FER1.SGM 16FER1 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Sep<11>2014 17:32 Feb 12, 2016 Jkt 238001 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 Frm 00011 Fmt 4700 Sfmt 4700 7705 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, E:\FR\FM\16FER1.SGM 16FER1 7706 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations 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. mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Sep<11>2014 17:32 Feb 12, 2016 Jkt 238001 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. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 (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: E:\FR\FM\16FER1.SGM 16FER1

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.

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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 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 
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