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. 

* * * * * 

(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 

(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 

Part I—Test Criteria and Procedures for 

Showing Compliance With § 25.853 or 

§ 25.855 

(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. 

* * * * * 

(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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2016–0044] 

RIN 1625–AA00 

Safety Zone; James River, Newport 

News, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

navigable waters of the James River, in 

the vicinity of the James River Reserve 

Fleet, in support of United States Navy 

explosives training on the M/V SS DEL 

MONTE. This safety zone will restrict 

vessel movement in the specified area 

during the explosives training. This 

action is necessary to provide for the 

safety of life and property on the 

surrounding navigable waters during the 

United States Navy explosives training. 

DATES: This rule is effective from 8 a.m. 

on February 29, 2016 through 4 p.m. on 

March 4, 2016. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to 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 

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Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations 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°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 

to the maritime community via marine 

information broadcasts so mariners may 

adjust their plans accordingly. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under E.O. 13132, Federalism, if it has 

a substantial direct effect on the States, 

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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. 

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 

■ 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. 

(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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: 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. 

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