Special Local Regulations for Marine Events, Wrightsville Channel; Wrightsville Beach, NC, 56024-56027 [2010-22931]
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Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules
characteristics of the least efficient
products in that class and, for products
already subject to energy conservation
standards, usually is a model that just
meets the current standard. Chapter 5 of
the preliminary TSD discusses the
engineering analysis.
B. Markups To Determine Product
Prices
DOE derives consumer prices for
products from data on manufacturer
costs, manufacturer markups, retailer
markups, distributor markups, and sales
taxes. In deriving these markups, DOE
has determined (1) the distribution
channels for product sales; (2) the
markup associated with each party in
the distribution chain; and (3) the
existence and magnitude of differences
between markups for baseline products
(baseline markups) and for more
efficient products (incremental
markups). DOE calculates both overall
baseline and overall incremental
markups based on the product markups
at each step in the distribution chain.
The overall incremental markup relates
the change in the manufacturer sales
price of higher efficiency models (the
incremental cost increase) to the change
in the retailer or distributor sales price.
Chapter 6 of the preliminary TSD
discusses estimating markups.
srobinson on DSKHWCL6B1PROD with PROPOSALS
C. Energy Use Analysis
The energy use analysis provides
estimates of the annual energy
consumption of BCs and EPSs. DOE
uses these values in the LCC and PBP
analyses and in the NIA. DOE
developed energy consumption
estimates for each of the products
analyzed in the engineering analysis
and for those non-analyzed product
classes included in the NIA. Chapter 7
of the preliminary TSD discusses the
energy use analysis.
D. Life-Cycle Cost and Payback Period
Analyses
The LCC and PBP analyses determine
the economic impact of potential
standards on individual consumers. The
LCC is the total consumer expense for
a product over the life of the product.
The LCC analysis compares the LCCs of
products designed to meet possible
energy conservation standards with the
LCCs of the products likely to be
installed in the absence of standards.
DOE determines LCCs by considering
(1) total or incremental installed cost to
the purchaser (which consists of
manufacturer selling price, sales taxes,
distribution chain markups, and
installation cost); (2) the operating
expenses of the products (energy use
and maintenance); (3) product lifetime;
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and (4) a discount rate that reflects the
real consumer cost of capital and puts
the LCC in present-value terms. The
PBP is the number of years needed to
recover the increase in purchase price
(including installation cost) of more
efficient products through savings in the
operating cost of the product. It is the
quotient of the change in total installed
cost due to increased efficiency divided
by the change in annual operating cost
from increased efficiency. Chapter 8 of
the preliminary TSD discusses the LCC
and PBP analyses.
E. National Impact Analysis
The NIA estimates the national energy
savings (NES) and the net present value
(NPV) of total consumer costs and
savings expected to result from new
standards at specific efficiency levels.
DOE calculated NES and NPV for each
candidate standard level as the
difference between a base case forecast
(without new standards) and the
standards case forecast (with standards
at that level). Cumulative energy savings
are the sum of the annual NES
determined over a specified time period.
The national NPV is the sum over time
of the discounted net savings each year,
which consists of the difference
between total operating cost savings and
increases in total installed costs. Critical
inputs to this analysis include
shipments projections, estimated
product lifetimes, and estimates of
changes in shipments in response to
changes in product costs due to
standards. Chapter 10 of the preliminary
TSD discusses the NIA.
DOE consulted with interested parties
as part of its process for conducting all
of the analyses and invites further input
from the public on these topics. The
preliminary analytical results are
subject to revision following review and
input from the public. The final rule
will contain the final analysis results.
The Department encourages those
who wish to participate in the public
meeting to obtain the preliminary TSD
and to be prepared to discuss its
contents. A copy of the preliminary TSD
is available at the Web address given in
the SUMMARY section of this notice.
However, public meeting participants
need not limit their comments to the
topics identified in the preliminary
TSD. The Department is also interested
in receiving views concerning other
relevant issues that participants believe
would affect energy conservation
standards for these products or that DOE
should address in the NOPR.
Furthermore, the Department invites
all interested parties, regardless of
whether they participate in the public
meeting, to submit in writing by October
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15, 2010, comments and information on
matters addressed in the preliminary
TSD and on other matters relevant to
consideration of standards for battery
chargers and external power supplies.
The public meeting will be conducted
in an informal, conference style. A court
reporter will be present to record the
minutes of the meeting. There shall be
no discussion of proprietary
information, costs or prices, market
shares, or other commercial matters
regulated by United States antitrust
laws.
After the public meeting and the
expiration of the period for submitting
written statements, the Department will
consider all comments and additional
information that is obtained from
interested parties or through further
analyses, and it will prepare a NOPR.
The NOPR will include proposed energy
conservation standards for the products
covered by this rulemaking, and
members of the public will be given an
opportunity to submit written and oral
comments on the proposed standards.
Issued in Washington, DC, on August 27,
2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
[FR Doc. 2010–23012 Filed 9–14–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2010–0813]
RIN 1625–AA08
Special Local Regulations for Marine
Events, Wrightsville Channel;
Wrightsville Beach, NC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes
establishing Special Local Regulations
for the swim portions of ‘‘Beach 2
Battleship Full and Half Iron Distance
Triathlon’’, to be held on the waters of
Banks Channel, adjacent to Wrightsville
Beach, North Carolina. These Special
Local Regulations are necessary to
provide for the safety of life on
navigable waters during the event. This
action is intended to restrict vessel
traffic on Banks, Motts, and Wrightsville
Channels during the swimming portion
of this event.
SUMMARY:
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Comments and related material
must be received by the Coast Guard on
or before October 15, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0813 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand Delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
DATES:
If
you have questions on this proposed
rule, call or e-mail BOSN3 Joseph M.
Edge, Prevention Department, Coast
Guard Sector North Carolina; telephone
252–247–4525, e-mail
Joseph.M.Edge@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
srobinson on DSKHWCL6B1PROD with PROPOSALS
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–0813),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
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when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2010–0813’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2010–
0813’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
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Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background and Purpose
On November 13, 2010 from 7 a.m. to
11 a.m., the Wilmington Family YMCA
will sponsor the ‘‘Beach 2 Battleship
Full and Half Iron Distance Triathlon’’
on the waters of Banks Channel
including the waters of Wrightsville
Channel adjacent to Wrightsville Beach,
North Carolina. The swim portion of the
event will consist of two groups of 750
swimmers entering Banks Channel
south west of the Coast Guard Station
and swimming northeast along
Wrightsville Channel and Motts
Channel to Seapath Marina. A fleet of
spectator vessels are expected to gather
near the event site to view the
competition. To provide for the safety of
the participants, spectators and other
transiting vessel, the Coast Guard will
temporarily restrict vessel traffic in the
event area during this event.
Discussion of Proposed Rule
The Coast Guard is proposing to
establish a special local regulation that
will restrict vessel movement on the
specified waters of Wrightsville
Channel, Wrightsville Beach, NC.
During the Marine Event no vessel will
be allowed to transit the waterway
unless the vessel is given permission
from the Patrol Commander to transit.
Any vessel transiting the regulated
area must do so at a no-wake speed
during the effective period. Nothing in
this proposed rule negates the
requirement to operate at a safe speed as
provided in the Navigational Rules and
Regulations.
Regulatory Analysis
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
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Budget has not reviewed it under that
Order. Although this regulation
prevents traffic from transiting waters of
Wrightsville Channel during the event,
the effect of this regulation will not be
significant due to the limited duration
that the regulated area will be in effect.
Extensive advance notification will be
made to the maritime community via
marine information broadcast and local
area newspapers so mariners can adjust
their plans accordingly. Vessel traffic
will be able to transit the regulated area
before and after the races, when the
Coast Guard Patrol Commander deems it
is safe to do so.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
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 proposed rule
would affect the following entities,
some of which might be small entities:
The owners or operators of vessels
intending to transit this section of the
Wrightsville Channel from 7 a.m. to 11
a.m. on November 13, 2010.
This rule will not have a significant
economic impact on substantial number
of small entities for the following
reasons. Although the regulated area
will apply to the Wrightsville Channel,
traffic may be allowed to pass through
the regulated area with the permission
of the Coast Guard Patrol Commander.
In the case where the Patrol Commander
authorizes passage through the
regulated area, vessels shall proceed at
the minimum speed necessary to
maintain a safe course that minimizes
wake near the swim course. The Patrol
Commander will allow nonparticipating vessels to transit the event
area once all swimmers are safely clear
of navigation channels and vessel traffic
areas. Before the enforcement period,
we will issue maritime advisories so
mariners can adjust their plans
accordingly.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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Assistance for Small Entities
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 proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking
process. 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
BOSN3 Joseph Edge, Prevention
Department, Sector North Carolina,
252–247–4525. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
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eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
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Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules
Environment
We have analyzed this proposed 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
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule is
categorically excluded, under figure 2–
1, paragraph (34)(h), of this instruction.
The special local regulation is necessary
to provide for the safety of the general
public and event participants from
potential hazards associated with
vessels. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
or petty officer on board and displaying
a Coast Guard ensign.
(3) Participant includes all swimmers
and support vessels participating in the
‘‘Beach 2 Battleship Full and Half Iron
Distance Triathlon’’ under the auspices
of the Marine Event Permit issued to the
event sponsor and approved by
Commander, Coast Guard Sector North
Carolina.
(c) Special local regulations. (1)
Except for persons or vessels authorized
by the Coast Guard Patrol Commander,
no person or vessel may enter or remain
in the regulated area.
(2) The operator of any vessel in the
regulated area must:
(i) Stop the vessel immediately when
directed to do so by any Official Patrol
and then proceed only as directed.
(ii) All persons and vessels shall
comply with the instructions of the
Official Patrol.
(iii) The operator of a vessel in the
regulated area shall stop the vessel
immediately when instructed to do so
by the Official Patrol and then proceed
as directed.
(iv) When authorized to transit the
regulated area, all vessels shall proceed
at the minimum speed necessary to
maintain a safe course that minimizes
wake near the swim course.
(d) Enforcement Period. This section
will be enforced from 7 a.m. until 11
a.m. on November 13, 2010.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Dated: August 27, 2010.
Anthony Popiel,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2010–22931 Filed 9–14–10; 8:45 am]
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35–T05–
0813 to read as follows:
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§ 100.35–T05–0813 Wrightsville Channel,
Wrightsville Beach, NC.
(a) The waters of Banks Channel,
adjacent to Wrightsville Beach, NC,
from the southern tip of Wrightsville
Beach approximate position latitude
34°11′15″ N., longitude 077°48′51″ W.,
thence northeast to Seapath Marina,
Wrightsville Beach, NC, approximate
position latitude 34°11′45″ N., longitude
077°48′27″ W. All coordinates reference
Datum NAD 1983.
(b) Definitions. (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the Coast
Guard who have been designated by the
Commander, Coast Guard Sector North
Carolina.
(2) Official Patrol means any person
or vessel assigned or approved by
Commander, Coast Guard Sector North
Carolina with a commissioned, warrant,
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2010–0620; FRL–9199–7]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Revisions to the New Source Review
(NSR) State Implementation Plan (SIP);
Prevention of Significant Deterioration
(PSD)
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
revisions to the Texas PSD State
Implementation Plan (SIP). EPA
proposes to approve a SIP revision
submitted February 1, 2006, as amended
by a SIP revision submitted July 16,
2010. This action makes no significant
SUMMARY:
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56027
changes to the Texas PSD SIP; it merely
approves reorganization and
renumbering of the Texas PSD SIP rules.
Further, the July 16, 2010 submission
corrects certain deficiencies identified
in EPA’s September 23, 2009 proposed
disapproval. The EPA proposes to
approve these revisions pursuant to
section 110 and part C of the Federal
Clean Air Act (Act or CAA).
DATES: Written comments must be
received on or before October 15, 2010.
ADDRESSES: Comments may be mailed to
Mr. Stanley M. Spruiell, Air Permits
Section (6PD–R), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
Comments may also be submitted
electronically or through hand delivery/
courier by following the detailed
instructions in the Addresses section of
the direct final rule located in the rules
section of this Federal Register.
FOR FURTHER INFORMATION CONTACT:
Stanley M. Spruiell, Air Permits Section
(6PD–R), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone (214) 665–7212; fax number
214–665–7263; e-mail address
Spruiell.stanley@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action,
no further activity is contemplated. If
EPA receives relevant adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time. Please note
that if EPA receives adverse comment
on an amendment, paragraph, or section
of this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
For additional information, see the
direct final rule which is located in the
rules section of this Federal Register.
Dated: August 31, 2010.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2010–22671 Filed 9–14–10; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Proposed Rules]
[Pages 56024-56027]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22931]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-0813]
RIN 1625-AA08
Special Local Regulations for Marine Events, Wrightsville
Channel; Wrightsville Beach, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes establishing Special Local
Regulations for the swim portions of ``Beach 2 Battleship Full and Half
Iron Distance Triathlon'', to be held on the waters of Banks Channel,
adjacent to Wrightsville Beach, North Carolina. These Special Local
Regulations are necessary to provide for the safety of life on
navigable waters during the event. This action is intended to restrict
vessel traffic on Banks, Motts, and Wrightsville Channels during the
swimming portion of this event.
[[Page 56025]]
DATES: Comments and related material must be received by the Coast
Guard on or before October 15, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0813 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail BOSN3 Joseph M. Edge, Prevention Department, Coast
Guard Sector North Carolina; telephone 252-247-4525, e-mail
Joseph.M.Edge@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0813), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0813'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0813'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
On November 13, 2010 from 7 a.m. to 11 a.m., the Wilmington Family
YMCA will sponsor the ``Beach 2 Battleship Full and Half Iron Distance
Triathlon'' on the waters of Banks Channel including the waters of
Wrightsville Channel adjacent to Wrightsville Beach, North Carolina.
The swim portion of the event will consist of two groups of 750
swimmers entering Banks Channel south west of the Coast Guard Station
and swimming northeast along Wrightsville Channel and Motts Channel to
Seapath Marina. A fleet of spectator vessels are expected to gather
near the event site to view the competition. To provide for the safety
of the participants, spectators and other transiting vessel, the Coast
Guard will temporarily restrict vessel traffic in the event area during
this event.
Discussion of Proposed Rule
The Coast Guard is proposing to establish a special local
regulation that will restrict vessel movement on the specified waters
of Wrightsville Channel, Wrightsville Beach, NC. During the Marine
Event no vessel will be allowed to transit the waterway unless the
vessel is given permission from the Patrol Commander to transit.
Any vessel transiting the regulated area must do so at a no-wake
speed during the effective period. Nothing in this proposed rule
negates the requirement to operate at a safe speed as provided in the
Navigational Rules and Regulations.
Regulatory Analysis
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
[[Page 56026]]
Budget has not reviewed it under that Order. Although this regulation
prevents traffic from transiting waters of Wrightsville Channel during
the event, the effect of this regulation will not be significant due to
the limited duration that the regulated area will be in effect.
Extensive advance notification will be made to the maritime community
via marine information broadcast and local area newspapers so mariners
can adjust their plans accordingly. Vessel traffic will be able to
transit the regulated area before and after the races, when the Coast
Guard Patrol Commander deems it is safe to do so.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 proposed
rule would affect the following entities, some of which might be small
entities: The owners or operators of vessels intending to transit this
section of the Wrightsville Channel from 7 a.m. to 11 a.m. on November
13, 2010.
This rule will not have a significant economic impact on
substantial number of small entities for the following reasons.
Although the regulated area will apply to the Wrightsville Channel,
traffic may be allowed to pass through the regulated area with the
permission of the Coast Guard Patrol Commander. In the case where the
Patrol Commander authorizes passage through the regulated area, vessels
shall proceed at the minimum speed necessary to maintain a safe course
that minimizes wake near the swim course. The Patrol Commander will
allow non-participating vessels to transit the event area once all
swimmers are safely clear of navigation channels and vessel traffic
areas. Before the enforcement period, we will issue maritime advisories
so mariners can adjust their plans accordingly.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
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 BOSN3 Joseph Edge,
Prevention Department, Sector North Carolina, 252-247-4525. The Coast
Guard will not retaliate against small entities that question or
complain about this proposed rule or any policy or action of the Coast
Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
[[Page 56027]]
Environment
We have analyzed this proposed 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 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of
this instruction. The special local regulation is necessary to provide
for the safety of the general public and event participants from
potential hazards associated with vessels. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
2. Add a temporary Sec. 100.35-T05-0813 to read as follows:
Sec. 100.35-T05-0813 Wrightsville Channel, Wrightsville Beach, NC.
(a) The waters of Banks Channel, adjacent to Wrightsville Beach,
NC, from the southern tip of Wrightsville Beach approximate position
latitude 34[deg]11'15'' N., longitude 077[deg]48'51'' W., thence
northeast to Seapath Marina, Wrightsville Beach, NC, approximate
position latitude 34[deg]11'45'' N., longitude 077[deg]48'27'' W. All
coordinates reference Datum NAD 1983.
(b) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the Coast Guard who have
been designated by the Commander, Coast Guard Sector North Carolina.
(2) Official Patrol means any person or vessel assigned or approved
by Commander, Coast Guard Sector North Carolina with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(3) Participant includes all swimmers and support vessels
participating in the ``Beach 2 Battleship Full and Half Iron Distance
Triathlon'' under the auspices of the Marine Event Permit issued to the
event sponsor and approved by Commander, Coast Guard Sector North
Carolina.
(c) Special local regulations. (1) Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area must:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol and then proceed only as directed.
(ii) All persons and vessels shall comply with the instructions of
the Official Patrol.
(iii) The operator of a vessel in the regulated area shall stop the
vessel immediately when instructed to do so by the Official Patrol and
then proceed as directed.
(iv) When authorized to transit the regulated area, all vessels
shall proceed at the minimum speed necessary to maintain a safe course
that minimizes wake near the swim course.
(d) Enforcement Period. This section will be enforced from 7 a.m.
until 11 a.m. on November 13, 2010.
Dated: August 27, 2010.
Anthony Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2010-22931 Filed 9-14-10; 8:45 am]
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