Safety Zone; Chesapeake Bay, Hampton, VA, 59480-59482 [2016-20855]

Download as PDF 59480 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2016–0371] RIN 1625–AA00 Safety Zone; Chesapeake Bay, Hampton, VA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for navigable waters east of Ft. Monroe located in Hampton, VA, on the Chesapeake Bay. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with military exercises involving high-speed, quick maneuvering vessels. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Hampton Roads. DATES: This rule is effective from 7 a.m. on September 7, 2016, through 6 p.m. on October 7, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2016– 0371 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LCDR Barbara Wilk, Waterways Management Division Chief, Sector Hampton Roads, U.S. Coast Guard; telephone 757–668–5580, email hamptonroadswaterway@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations mstockstill on DSK3G9T082PROD with RULES CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good VerDate Sep<11>2014 16:58 Aug 29, 2016 Jkt 238001 cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because information about the military exercises beginning on September 7, 2016, was not received by the Coast Guard with sufficient time making it impracticable to publish a final rule less than 30 days after the publication in the Federal Register while also allowing for an opportunity to comment on a proposed rule. The Coast Guard will provide advance notifications to users of the affected waterway via marine information broadcasts and local notice to mariners. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. The restriction on vessel traffic is necessary to protect life, property and the environment, for the duration of the military exercise due to the high speeds of the vessels involved. Therefore, due to the need to have a rule effective by September 7, 2016, a 30-day, delayedeffective-date is impracticable. Delaying the effective date would be contrary to the safety zone’s intended objectives, immediate action is needed to protect persons and vessels, and enhance public and maritime safety. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Hampton Roads (COTP) has determined that potential hazards associated with the military exercises starting on September 7, 2016, will be a safety concern for anyone within described coordinates of the U.S. Navy exercises. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone from hazards to mariners associated with the exercises include high speed maneuvering vessels. IV. Discussion of the Rule This rule establishes a safety zone from 7 a.m. Wednesday, September 7, 2016, through 6 p.m. Friday, October 7, 2016. The safety zone will encompass all navigable waters within an area enclosed by a line connecting the following points latitude 37°07′06″ N., longitude 076°13′12″ W., thence east to 37°05′18″ N., longitude 076°06′54″ W., thence southeast to 37°04′30″ N., longitude 076°06′30″ W., thence south to 36°59′24″.4 N., longitude 076°08′30″ PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 W., thence west to 37°01′18″ N., longitude 076°15′36″ W., thence to the point or origin on the Chesapeake Bay located just northeast of Ft. Monroe in Hampton, VA. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters during military exercises. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive order related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration, and time-of-year of the safety zone. Vessel traffic will be able to safely transit around this safety zone which will impact the designated area of the Chesapeake Bay in Hampton, VA for 31 days. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF–FM marine channel 16 about the zone and the rule allows vessels to seek permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. E:\FR\FM\30AUR1.SGM 30AUR1 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations 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. mstockstill on DSK3G9T082PROD with RULES C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal VerDate Sep<11>2014 16:58 Aug 29, 2016 Jkt 238001 59481 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. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. ■ F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting 31 days that will prohibit entry within five nautical miles of vessels involved in the military exercises located just northeast of Ft. Monroe in Hampton, VA. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 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, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T05–0371 to read as follows: ■ § 165.T05–0371 Safety Zone, Chesapeake Bay; Hampton, VA. (a) Definitions. For the purposes of this section— Captain of the Port means the Commander, Sector Hampton Roads. ‘‘Representative’’ means any Coast Guard commissioned, warrant or petty officer who has been authorized to act on the behalf of the Captain of the Port. Participants means individuals and vessels involved in the military exercises. (b) Location. The following area is a safety zone: All waters in the vicinity of Ft. Monroe, on the Chesapeake Bay, bound by a line drawn from latitude 37°07′06″ N., longitude 076°13′12″ W., thence east to 37°05′18″ N., longitude 076°06′54″ W., thence southeast to 37°04′30″ N., longitude 076°06′30″ W., thence south to 36°59′24″.4 N., longitude 076°08′30″ W., thence west to 37°01′18″ N., longitude 076°15′36″ W., thence to the point or origin. (NAD 1983). (c) Regulations. (1) The general regulations governing safety zones in § 165.23 apply to the area described in paragraph (b) of this section. (2) With the exception of participants, entry into or remaining in this safety zone is prohibited unless authorized by the Captain of the Port, Hampton Roads or his designated representatives. (3) All vessels within this safety zone when this section becomes effective must depart the zone immediately. (4) The Captain of the Port, Hampton Roads or his representative can be contacted at telephone number 757– 668–5555. (5) The Coast Guard and designated security vessels enforcing the safety zone can be contacted on VHF–FM marine band radio channel 13 (165.65 Mhz) and channel 16 (156.8 Mhz). (6) This section applies to all persons or vessels except participants and vessels that are engaged in the following operations: enforcing laws; servicing aids to navigation, and emergency response vessels. E:\FR\FM\30AUR1.SGM 30AUR1 59482 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (e) Enforcement period. This section will be enforced from 7 a.m. on September 7, 2016, through 6 p.m. on October 7, 2016. Dated: July 28, 2016. Richard J. Wester, Captain, U.S. Coast Guard, Captain of the Port Hampton Roads. [FR Doc. 2016–20855 Filed 8–29–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2016–0824] RIN 1625–AA00 Safety Zone; Dredging, Shark River, NJ Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on a portion of Shark River, in Neptune City, NJ, from September 1, 2016, through September 30, 2016, while dredging operations are being conducted in the main navigational channel. This safety zone is necessary to provide for the safety of life on navigable waters during dredging operations and will restrict vessel traffic from transiting the main navigational channel. SUMMARY: This rule is effective from September 1, 2016, through September 30, 2016. During this period, it will only be enforced during the following weekly hours, from 9 a.m. on Mondays through 9 p.m. on Thursdays, with the exception of Labor Day weekend, 6 a.m. Friday September 2, 2016 through 12 p.m. Tuesday September 6, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to, type USCG–2016–0824 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 about this rule, call or email Marine Science Technician First Class Tom Simkins, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast Guard; telephone (215) 271–4889, email Tom.J.Simkins@uscg.mil. mstockstill on DSK3G9T082PROD with RULES DATES: VerDate Sep<11>2014 16:58 Aug 29, 2016 Jkt 238001 SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code COTP Captain of the Port II. Background Information and Regulatory History Efforts to dredge the Shark River have been underway for well over a decade. After Superstorm Sandy the need to dredge the river increased significantly due to sediment deposited by the storm, which impeded navigation within those channels. Funding issues and concerns over dewatering locations (locations to dry the dredged materials) have historically stalled the progress of this project. Mobile Dredging and Pumping Co. has been awarded the contract to restore the state channels to allow safe passage for recreational and commercial traffic. The project requires dredging approximately 102,000 cubic yards of sediment comprised of sand and silt. The sediment will be hydraulically dredged and piped via a secure welded pipeline to the selected dewatering locations. The purpose of this rule is to promote maritime safety and protect vessels from the hazards of dredge piping and dredge operations. The rule will temporarily restrict vessel traffic from transiting a portion of the Shark River while dredging operations are being conducted in the main navigational channel. The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the final details for this event were not received by the Coast Guard until August 17, 2016, and the dredging operation will begin September 1, 2016. The safety zone is needed by September 1, 2016, to ensure safe navigation of the vessels transiting the Shark River, and it is impracticable to publish an NPRM and consider comments before that date. PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 The dredge and dredge piping must be positioned in the main navigational channel in order for the dredging company to complete the proper dredging of the main navigational channel. Allowing this event to go forward without a safety zone in place would expose mariners and the public to unnecessary dangers associated with dredge piping and dredge operations. Therefore, it is imperative that there is a safety zone restricting traffic in this portion of the Shark River, in Neptune City, NJ. 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 for the reasons we stated for not publishing an NPRM. The Coast Guard expects that there will be an impact to vessel traffic during times when the navigational channel is restricted. However, there will be times throughout the project where vessel traffic is not restricted and traffic will be able to freely flow through the main navigational channel. Furthermore, notification of the waterway restrictions will be made by the contractor, Mobile Dredging and Pumping Co. Additionally the New Jersey Department of Transportation, Office of Marine Resources, will be conducting outreach to the local community. Notification of the safety zone and waterway restrictions will be made by the COTP via marine safety broadcast using VHF–FM channel 16 and through the Local Notice to Mariners. 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, Delaware Bay has determined that potential hazards are associated with dredge piping and dredge operations from September 1, 2016, through September 30, 2016. The rule is necessary to promote maritime safety and protect vessels from the hazards of dredge piping and dredge operations. The rule will have an impact to vessels transiting through the Shark River main navigational channel, from latitude 40°10′53.2579″ N., longitude 074°01′52.6231″ W. channel, north, to latitude 40°11′21.0139″ N., longitude 074°01′53.1749″ W. as vessels will be unable to transit the main navigational channel during times when dredging operations are being conducted. This restriction is necessary to ensure the safety of life and protect vessel from dredge piping and dredge operations. E:\FR\FM\30AUR1.SGM 30AUR1

Agencies

[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59480-59482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20855]



[[Page 59480]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Safety Zone; Chesapeake Bay, Hampton, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

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

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

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because information about the military 
exercises beginning on September 7, 2016, was not received by the Coast 
Guard with sufficient time making it impracticable to publish a final 
rule less than 30 days after the publication in the Federal Register 
while also allowing for an opportunity to comment on a proposed rule. 
The Coast Guard will provide advance notifications to users of the 
affected waterway via marine information broadcasts and local notice to 
mariners.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. The restriction on 
vessel traffic is necessary to protect life, property and the 
environment, for the duration of the military exercise due to the high 
speeds of the vessels involved. Therefore, due to the need to have a 
rule effective by September 7, 2016, a 30-day, delayed-effective-date 
is impracticable. Delaying the effective date would be contrary to the 
safety zone's intended objectives, immediate action is needed to 
protect persons and vessels, and enhance public and maritime safety.

III. Legal Authority and Need for Rule

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

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. Wednesday, 
September 7, 2016, through 6 p.m. Friday, October 7, 2016. The safety 
zone will encompass all navigable waters within an area enclosed by a 
line connecting the following points latitude 37[deg]07'06'' N., 
longitude 076[deg]13'12'' W., thence east to 37[deg]05'18'' N., 
longitude 076[deg]06'54'' W., thence southeast to 37[deg]04'30'' N., 
longitude 076[deg]06'30'' W., thence south to 36[deg]59'24''.4 N., 
longitude 076[deg]08'30'' W., thence west to 37[deg]01'18'' N., 
longitude 076[deg]15'36'' W., thence to the point or origin on the 
Chesapeake Bay located just northeast of Ft. Monroe in Hampton, VA. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters during military exercises. 
No vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive order related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact the designated area of the Chesapeake Bay in Hampton, VA for 31 
days. Moreover, the Coast Guard will issue Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the zone and the rule allows vessels 
to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.

[[Page 59481]]

    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting 31 days that will prohibit entry 
within five nautical miles of vessels involved in the military 
exercises located just northeast of Ft. Monroe in Hampton, VA. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

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


Sec.  165.T05-0371  Safety Zone, Chesapeake Bay; Hampton, VA.

    (a) Definitions. For the purposes of this section--
    Captain of the Port means the Commander, Sector Hampton Roads.
    ``Representative'' means any Coast Guard commissioned, warrant or 
petty officer who has been authorized to act on the behalf of the 
Captain of the Port.
    Participants means individuals and vessels involved in the military 
exercises.
    (b) Location. The following area is a safety zone: All waters in 
the vicinity of Ft. Monroe, on the Chesapeake Bay, bound by a line 
drawn from latitude 37[deg]07'06'' N., longitude 076[deg]13'12'' W., 
thence east to 37[deg]05'18'' N., longitude 076[deg]06'54'' W., thence 
southeast to 37[deg]04'30'' N., longitude 076[deg]06'30'' W., thence 
south to 36[deg]59'24''.4 N., longitude 076[deg]08'30'' W., thence west 
to 37[deg]01'18'' N., longitude 076[deg]15'36'' W., thence to the point 
or origin. (NAD 1983).
    (c) Regulations. (1) The general regulations governing safety zones 
in Sec.  165.23 apply to the area described in paragraph (b) of this 
section.
    (2) With the exception of participants, entry into or remaining in 
this safety zone is prohibited unless authorized by the Captain of the 
Port, Hampton Roads or his designated representatives.
    (3) All vessels within this safety zone when this section becomes 
effective must depart the zone immediately.
    (4) The Captain of the Port, Hampton Roads or his representative 
can be contacted at telephone number 757-668-5555.
    (5) The Coast Guard and designated security vessels enforcing the 
safety zone can be contacted on VHF-FM marine band radio channel 13 
(165.65 Mhz) and channel 16 (156.8 Mhz).
    (6) This section applies to all persons or vessels except 
participants and vessels that are engaged in the following operations: 
enforcing laws; servicing aids to navigation, and emergency response 
vessels.

[[Page 59482]]

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

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