[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 
[email protected].

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.

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    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.

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    (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