Safety Zone; James River, Newport News, VA, 89865-89867 [2016-29840]
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Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations
may be on an official patrol vessel or
may be on shore and will communicate
with vessels via VHF–FM radio or
loudhailer. ‘‘Official patrol vessels’’ may
consist of any Coast Guard, Coast Guard
Auxiliary, state, or local law
enforcement vessels assigned or
approved by the COTP Sector Long
Island Sound. In addition, members of
the Coast Guard Auxiliary may be
present to inform vessel operators of
this regulation. A ‘‘work vessel’’ is any
vessel provided by United Illuminating
Company for the Housatonic River
Crossing Project and may be hailed via
VHF channel 13 or 16.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23
apply.
(2) In accordance with the general
regulations in 33 CFR 165.23, entry into
or movement within this zone is
prohibited unless authorized by the
Captain of the Port Long Island Sound.
(3) Operators of vessels desiring to
enter or operate within the safety zone
should contact the COTP Sector Long
Island Sound at 203–468–4401 (Sector
LIS command center) and United
Illuminating Company at 203–627–5526
or at 860–904–8551, or the designated
representative via VHF channel 16 to
obtain permission to do so. Request to
enter or operate in the safety zone must
be made 24 hours in advanced of the
planned undertaking.
(4) Mariners are requested to proceed
with caution after passing arrangements
have been made. Mariners are requested
to cooperate with the United
Illuminating Company work vessels for
the safety of all concerned. The United
Illuminating Company work vessels will
be monitoring VHF channels 13 and 16.
Mariners are requested to proceed with
extreme caution and operate at their
slowest safe speed as to not cause a
wake.
(5) Any vessel given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the COTP Sector Long Island
Sound, or the designated on-scene
representative.
(6) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
Dated: November 15, 2016.
K.B. Reed,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Long Island Sound.
[FR Doc. 2016–29909 Filed 12–12–16; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0987]
RIN 1625–AA00
Safety Zone; James River, Newport
News, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the James River
within 1500-foot radius of the M/V SS
DEL MONTE, in the vicinity of the
James River Reserve Fleet, in support of
United States Navy explosive training
on the M/V SS DEL MONTE. 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.
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 without
actual notice from December 13, 2016
through 4 p.m. on December 16, 2016.
For the purposes of enforcement, actual
notice will be used from 8 a.m. on
December 12, 2016, through December
13, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0987 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, Sector
Hampton Roads Waterways
Management, U.S. Coast Guard;
telephone 757–668–5580, email
Hamptonroadswaterway@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
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89865
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 training starting
at 8 a.m. on December 12, 2016, through
4 p.m. on December 16, 2016, was not
received by the Coast Guard until
October 25, 2016. 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
timing of the notification it would be
impracticable for the Coast Guard to
publish an NPRM because there is
insufficient time to allow for an
opportunity for public comment on the
proposed rule. Publishing an NPRM
would be contrary to the public interest
since immediate action is necessary to
protect the public safety by ensuring the
standards of training are met. The
potential hazards to mariners within the
safety zone include shock waves, flying
shrapnel, and loud noises. 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. As noted above,
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 at 8 a.m. on December
12, 2016, through 4 p.m. on December
16, 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,
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Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations
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
This rule establishes a safety zone
from 8 a.m. on December 12, 2016,
through 4 p.m. on December 16, 2016.
The safety zone will encompass all
navigable waters within a 1500-foot
radius of the M/V SS DEL MONTE
located in approximate position
37°06′11″ N., 076°38′40″ W. The
duration of the zone is intended to
protect personnel and vessels in these
navigable waters while the training is in
effect. This safety zone still allows for
navigation on the waterway around the
safety zone. 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.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders 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.
pmangrum on DSK3GDR082PROD with RULES
A. Regulatory Planning and Review
This rule is not a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, it has not
been reviewed by the Office of
Management and Budget.
The Coast Guard expects the
economic impact of this rule to be
nominal. This regulatory action
determination is based on the size,
location, duration, and time-of-year of
the safety zone. This safety zone which
will impact a small designated area of
the James River in Newport News,
Virginia, beginning at 8 a.m. on
December 12, 2016, through 4 p.m. on
December 16, 2016. The safety zone will
occur during a time of year when vessel
traffic is normally low and vessel; traffic
will be able to safety transit around the
safety zone. 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.
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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 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
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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 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.
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Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations
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.
H. Civil Justice Reform
This regulation meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive order 12988, Civil
Justice Reform to eliminate ambiguity,
minimize litigation, establish clear legal
standards, and reduce burden.
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:
■
(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
(165.65Mhz) 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:
(i) Enforcing laws;
(ii) Servicing aids to navigation, and
(iii) Emergency response vessels.
(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 rule will
be enforced from 8 a.m. on December
12, 2016, through 4 p.m. on December
16, 2016.
Richard J. Wester,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2016–29840 Filed 12–12–16; 8:45 am]
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.
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
2. Add § 165.T05–0987 to read as
follows:
Copyright Royalty Board
165.T05–0987 Safety Zone, James River;
Newport News, VA.
37 CFR Part 370
pmangrum on DSK3GDR082PROD with RULES
■
(a) Definitions. For the purposes of
this section—
Captain of the Port means the
Commander, Sector Hampton Roads.
Participants mean individuals and
vessels involved in explosives training.
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.
(b) Location. The following area is a
safety zone: 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) 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.
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[Docket No. RM 2008–7]
Notice and Recordkeeping for Use of
Sound Recordings Under Statutory
License; Technical Amendment
Copyright Royalty Board,
Library of Congress.
ACTION: Final rule; amendment.
AGENCY:
On August 10, 2016, the
Copyright Royalty Judges (Judges)
published in the Federal Register for
comment proposed amendments to
regulations governing reporting
requirements for noncommercial
webcasters, including noncommercial
educational webcasters, that pay no
more than the minimum fee for their use
of sound recordings under the
applicable statutory licenses. The Judges
received three comments. The Judges
hereby publish the final rule.
DATES: Effective December 13, 2016.
Applicability Date: May 19, 2016.
FOR FURTHER INFORMATION CONTACT:
Kimberly Whittle at (202) 707–7658 or
at crb@loc.gov.
SUMMARY:
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89867
SUPPLEMENTARY INFORMATION:
Introduction
In 2009, the Copyright Royalty Judges
(Judges) published regulations
concerning reporting requirements for
webcasters streaming sound recordings
under statutory licenses described in 17
U.S.C. 112 and 114. See 79 FR 25009.
On June 21, 2016, the Judges published
a technical amendment to the
regulations. 81 FR 40190. Later that
same day, the Judges received a Joint
Petition of the National Association of
Broadcasters and the National Religious
Broadcasters Noncommercial Music
License Committee (together,
Broadcasters) to Amend Final Rule
Regarding Reporting Requirements
(Joint Motion).
The Broadcasters contended that by
removing the definition of ‘‘Minimum
Fee Broadcaster’’ the Judges had failed
to effect their intent. Joint Motion at 7.
The Judges agreed that the regulation as
amended on June 21, 2016, did not
effect their intent because it defined the
term ‘‘Eligible Minimum Fee
Webcaster’’ too narrowly and therefore
arguably excluded the webcasts of
noncommercial minimum fee
broadcasters, a category that the Judges
had intended to include. Accordingly,
on August 10, 2016, the Judges
proposed a second amendment to the
regulations and published it for
comment. 81 FR 52782.
The Broadcasters filed a joint
comment supporting adoption of the
proposed second amendment to the
regulations. The Intercollegiate
Broadcasting System (IBS), which had
appealed the prior iterations of the
regulations to the U.S. Court of Appeals
for the D.C. Circuit, filed a comment
that included the following language.
Given the limited scope of the Notice and
without prejudice to its objections to the
$500 annual fee, the $100 opt-out fee, and the
reporting requirements, IBS interposes no
objection to the Notice.
IBS Comment at 2. The Judges interpret
that comment as not opposing the
proposed second amendment.1
List of Subjects in 37 CFR Part 370
Copyright.
Final regulations
In consideration of the foregoing, the
Copyright Royalty Judges amend 37 CFR
part 370 as follows.
1 A third comment was filed by Adam Stein, but
the Judges found it to be an unreasonable objection
as Mr. Stein offered no support for his allegations,
which appeared to be based upon a fundamental
misunderstanding of compulsory licenses.
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]]>Agencies
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Rules and Regulations]
[Pages 89865-89867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29840]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0987]
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 temporary safety zone on the
navigable waters of the James River within 1500-foot radius of the M/V
SS DEL MONTE, in the vicinity of the James River Reserve Fleet, in
support of United States Navy explosive training on the M/V SS DEL
MONTE. 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. 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 without actual notice from December 13,
2016 through 4 p.m. on December 16, 2016. For the purposes of
enforcement, actual notice will be used from 8 a.m. on December 12,
2016, through December 13, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0987 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, Sector Hampton Roads Waterways
Management, 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 training
starting at 8 a.m. on December 12, 2016, through 4 p.m. on December 16,
2016, was not received by the Coast Guard until October 25, 2016.
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 timing of the notification it would be
impracticable for the Coast Guard to publish an NPRM because there is
insufficient time to allow for an opportunity for public comment on the
proposed rule. Publishing an NPRM would be contrary to the public
interest since immediate action is necessary to protect the public
safety by ensuring the standards of training are met. The potential
hazards to mariners within the safety zone include shock waves, flying
shrapnel, and loud noises. 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.
As noted above, 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 at 8
a.m. on December 12, 2016, through 4 p.m. on December 16, 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,
[[Page 89866]]
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
This rule establishes a safety zone from 8 a.m. on December 12,
2016, through 4 p.m. on December 16, 2016. The safety zone will
encompass all navigable waters within a 1500-foot radius of the M/V SS
DEL MONTE located in approximate position 37[deg]06'11'' N.,
076[deg]38'40'' W. The duration of the zone is intended to protect
personnel and vessels in these navigable waters while the training is
in effect. This safety zone still allows for navigation on the waterway
around the safety zone. 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.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders 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
This rule is not a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, it has not been reviewed by the
Office of Management and Budget.
The Coast Guard expects the economic impact of this rule to be
nominal. This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. This safety
zone which will impact a small designated area of the James River in
Newport News, Virginia, beginning at 8 a.m. on December 12, 2016,
through 4 p.m. on December 16, 2016. The safety zone will occur during
a time of year when vessel traffic is normally low and vessel; traffic
will be able to safety transit around the safety zone. 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.
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 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.
[[Page 89867]]
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.
H. Civil Justice Reform
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive order 12988, Civil Justice
Reform to eliminate ambiguity, minimize litigation, establish clear
legal standards, and reduce burden.
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.T05-0987 to read as follows:
165.T05-0987 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.
Participants mean individuals and vessels involved in explosives
training.
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.
(b) Location. The following area is a safety zone: 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) 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
(165.65Mhz) 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:
(i) Enforcing laws;
(ii) Servicing aids to navigation, and
(iii) Emergency response vessels.
(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 rule will be enforced from 8 a.m. on
December 12, 2016, through 4 p.m. on December 16, 2016.
Richard J. Wester,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2016-29840 Filed 12-12-16; 8:45 am]
BILLING CODE 9110-04-P
