Safety Zone; Atlantic Intracoastal Waterway, Camp Lejeune, NC, 1431-1434 [2012-237]
Download as PDF
<![CDATA[
wreier-aviles on DSK3TPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Proposed Rules
Federal eRulemaking Portal:
www.regulations.gov. The proposed rule
has been assigned Docket ID: OSM–
2010–0008. If you would like to submit
comments through the Federal
eRulemaking Portal, go to
www.regulations.gov and follow the
instructions.
Mail/Hand Delivery/Courier:
Mr. Ben Owens, Acting Chief,
Pittsburgh Field Division, Office of
Surface Mining Reclamation and
Enforcement, Three Parkway Center,
Suite 300, Pittsburgh, Pennsylvania
15220, Telephone: (412) 937–2827,
Email: bowens@osmre.gov.
Ed Larrimore, Mining Program Manager,
Maryland Bureau of Mines, 160 South
Water Street, Frostburg, Maryland
21532, Telephone: (301) 689–1442,
Email: elarrimore@mde.state.md.us.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the ‘‘Public Comment Procedures’’
heading of the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Ben
Owens, Telephone: (412) 937–2827.
Email: bowens@osmre.gov.
SUPPLEMENTARY INFORMATION: On
January 28, 2011, (76 FR 5103) we
published a proposed rule to Maryland’s
program (Administrative Record No.
588–008). Maryland added regulations
to regulate coal combustion byproducts
and to establish requirements pertaining
to the generation, storage, handling,
processing, disposal, recycling,
beneficial use, or other use of coal
combustion byproducts (CCBs) within
the State of Maryland. In total, these
regulations pertain to all CCB activities
in the State, and not just surface coal
mining and reclamation operations.
However, a section of the added
regulations specifically pertains to
surface coal mining and reclamation
operations and is proposed to be part of
Maryland’s Federally approved state
program. The regulation specific to
surface coal mining and reclamation
operations has been added as a new
regulation, Regulation .08 under
COMAR 26.20.24, Special Performance
Standards.
On March 20, 2011, (76 FR 13112) we
extended the public comment period
(Administrative Record No. MD–588–
012.1) and provided a notice of public
hearing. The comment period was
reopened and extended in order to
afford the public more time to comment
and to allow enough time to hold a
public hearing as requested by a
representative of the Sierra Club. On
March 21, 2011, a public meeting was
VerDate Mar<15>2010
12:50 Jan 09, 2012
Jkt 226001
1431
held and public comments were
received.
In addition to the public comments
that were received, we also received
additional information from Maryland.
On March 28, 2011, (Administrative
Record No. MD–588–018) Maryland
sent us a letter providing comments on
the proposed amendment. In summary,
Maryland requested that we consider
the following specific comments in our
review of their requested amendment:
1. Public notices are required for new
permits and for modifications of
existing permits that constitute a
significant departure from the method of
conduct of mining or reclamation
operations contemplated by the original
permit.
2. Probable Hydrologic Consequences
(PHC) determinations and Cumulative
Hydrologic Impact Assessments are
required for new permits and significant
modifications to existing permits.
3. The TCLP leachate analysis is the
procedure specifically referenced in
EPA regulation 40 CFR 261.24 as the
procedure to use in the determination of
toxicity characteristics.
4. There are no provisions for
isolating CCB material from ground
water at coal mine utilization sites
because the intent is to utilize the
alkaline CCBs to provide alkalinity to
mine backfills. The solubility of alkaline
CCB materials is a desirable attribute.
5. Mine sites utilizing and disposing
CCBs are required to submit monitoring
data for 23 parameters annually and a
shorter list of 8 parameters quarterly.
6. No additional bond has been
required at CCB utilization and disposal
sites because the planned use does not
propose modification of the reclamation
plan upon which the bond is based.
We are reopening and extending the
comment period to incorporate this
information that we received from
Maryland.
information from public review, we
cannot guarantee that we will be able to
do so. We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than those listed above (see
ADDRESSES) will be included in the
docket for this rulemaking and
considered.
Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether the submission
satisfies the applicable program
approval criteria of 30 CFR 732.15. If we
approve the amendment, it will become
part of the Pennsylvania program.
Safety Zone; Atlantic Intracoastal
Waterway, Camp Lejeune, NC
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
Electronic or Written Comments
If you submit written comments, they
should be specific, confined to issues
pertinent to the proposed regulations,
and explain the reason for any
recommended change(s). We would
appreciate all comments relating to this
specific issue, but those most useful and
likely to influence decisions on the final
rule will be those that either involve
personal experience or include citations
to and analysis of the Surface Mining
Control and Reclamation Act of 1977, its
legislative history, its implementing
regulations, case law, other State or
Federal laws and regulations, data,
technical literature, or other relevant
publications.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface
mining, Underground mining.
Dated: November 21, 2011.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2012–243 Filed 1–9–12; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–1166]
RIN 1625–AA00
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes
establishing a safety zone on the
Atlantic Intracoastal Waterway (AICW)
adjacent to Marine Corps Base (MCB)
Camp Lejeune, North Carolina, which
encompasses the navigable waters of the
AICW between Mile Hammock Bay and
the Onslow Swing Bridge in support of
military training operations on February
6th and 7th, 2012. This action is
necessary to provide for the safety of life
on navigable waters during this military
training operation. This action is
intended to restrict vessel traffic on the
SUMMARY:
E:\FR\FM\10JAP1.SGM
10JAP1
1432
Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Proposed Rules
Atlantic Intracoastal Waterway to
protect mariners from the hazards
associated with military training
operations.
DATES: Comments and related material
must be received by the Coast Guard on
or before January 19, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
1166 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–1166 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the 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,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email Chief Warrant Officer
Joseph Edge, Waterways Management
Division Chief, Sector North Carolina,
Coast Guard; telephone (252) 247–4525,
email Joseph.M.Edge@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
wreier-aviles on DSK3TPTVN1PROD with PROPOSALS
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–2011–1166),
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 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
VerDate Mar<15>2010
12:50 Jan 09, 2012
Jkt 226001
and a mailing address, an email 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–2011–1166’’ 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–2011–
1166’’ 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
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
public meeting, contact Chief Warrant
Officer Joseph Edge at the telephone
number or email address indicated
under the FOR FURTHER INFORMATION
CONTACT section of this notice.
Basis and Purpose
On February 6 and 7, 2012, the
Marine Corps Base at Camp Lejeune,
North Carolina will be conducting
military training operations on the
navigable waters of the Atlantic
Intracoastal Waterway between position
34°32′51″ N/077°19′36″ W and
34°34′15″ N/077°16′16″ W (NAD 1983).
Due to the need to protect mariners from
the hazards associated with the military
training operations, vessel traffic will be
temporary restricted from Mile
Hammock Bay and the Onslow Swing
Bridge.
Discussion of Proposed Rule
The Coast Guard proposes
establishing a safety zone on specified
waters of the Atlantic Intracoastal
Waterway between position 34°32′51″
N/077°19′36″ W and 34°34′15″ N/
077°16′16″ W (NAD 1983). This safety
zone will be established in the vicinity
of Camp Lejeune, NC and enforced from
7 a.m. until 11 a.m. and from noon until
4 p.m. on February 6, 2012, and from
7 a.m. until 11 a.m. and from noon until
4 p.m. on February 7, 2012. In the
interest of public safety, general
navigation within the safety zone will
be restricted during the specified date
and times. Except for participants and
vessels authorized by the Coast Guard
Captain of the Port or his representative,
no person or vessel may enter or remain
in the regulated area.
Regulatory Analyses
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
Budget has not reviewed it under that
Order.
E:\FR\FM\10JAP1.SGM
10JAP1
Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Proposed Rules
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. Although this proposed
regulation restricts access to the safety
zone, the effect of this rule will not be
significant because: (i) The safety zone
will be in effect for a limited duration;
(ii) the zone is of limited size; and (iii)
the Coast Guard will make notifications
via maritime advisories so mariners can
adjust their plans accordingly.
wreier-aviles on DSK3TPTVN1PROD with PROPOSALS
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 not have a significant economic
impact on a substantial number of small
entities because the zone will only be in
place for a limited duration, it is limited
in size, and maritime advisories will be
issued allowing the mariners to adjust
their plans accordingly.
This proposed rule would affect the
following entities, some of which might
be small entities: the owners and
operators of vessels intending to transit
or anchor in that portion of the Atlantic
Intracoastal Waterway from 7 a.m. to
4 p.m. on February 6 and 7, 2012.
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.
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 Chief
Warrant Officer Joseph Edge, Waterways
Management Division Chief, Sector
North Carolina, Coast Guard; telephone
(252) 247–4525, email Joseph.M.Edge@
VerDate Mar<15>2010
12:50 Jan 09, 2012
Jkt 226001
uscg.mil. 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.
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
1433
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.
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 which do not individually or
cumulatively have a significant effect on
E:\FR\FM\10JAP1.SGM
10JAP1
1434
Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Proposed Rules
the human environment. A preliminary
environmental analysis checklist
supporting this determination will be
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
proposed rule.
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 proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
(3) The Captain of the Port, Sector
North Carolina can be reached through
the Sector Duty Officer at Sector North
Carolina in Wilmington, North Carolina
at telephone Number (910) 343–3880.
(4) The Coast Guard Representatives
enforcing the safety zone can be
contacted on VHF–FM marine band
radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement Period: This
regulation will be enforced from 7 a.m.
until 11 a.m., and from noon until
4 p.m. on February 6, 2012, from 7 a.m.
until 11 a.m., and from noon until
4 p.m. on February 7, 2012.
Dated: December 27, 2011.
Timothy M. Cummins,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector North Carolina.
[FR Doc. 2012–237 Filed 1–6–12; 11:15 am]
1. The authority citation for part 165
continues to read as follows:
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
ENVIRONMENTAL PROTECTION
AGENCY
2. Add § 165.T05–1166 to read as
follows:
[EPA–HQ–OAR–2011–0028; FRL–9614–9]
RIN 2060–AQ70
wreier-aviles on DSK3TPTVN1PROD with PROPOSALS
§ 165.T05–1166 Safety Zone; Atlantic
Intracoastal Waterway, Vicinity of Marine
Corps Base, Camp Lejeune, NC.
(a) Regulated Area. The following area
is a safety zone: specified waters of the
Captain of the Port Sector North
Carolina zone, as defined in 33 CFR
3.25–20, in the vicinity of the Atlantic
Intracoastal Waterway between position
34°32′51″ N/077°19′36″ W and
34°34′15″ N/077°16′16″ W (NAD 1983).
(b) Definition: For the purposes of this
part, Captain of the Port Representative
means any U.S. Coast Guard
commissioned, warrant or petty officer
who has been authorized by the Captain
of the Port, Sector North Carolina, North
Carolina to act on his behalf.
(c) Regulations:
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into this zone is prohibited unless
authorized by the Captain of the Port,
Sector North Carolina or his designated
representatives.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
VerDate Mar<15>2010
12:50 Jan 09, 2012
Jkt 226001
40 CFR Part 98
Proposed Confidentiality
Determinations for Data Elements
Under the Mandatory Reporting of
Greenhouse Gases Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
This action re-proposes
confidentiality determinations for the
data elements under the Mandatory
Greenhouse Gas Reporting Rule. On July
7, 2010, EPA proposed confidentiality
determinations for data elements and is
issuing this re-proposal today due to
significant changes to certain data
elements. In addition, EPA is proposing
confidentiality determinations for seven
new data elements that are not inputs to
equations. EPA is also proposing to
categorize three data elements as inputs
to emission equations and to defer their
reporting deadline to March 31, 2013.
DATES: Comments. Comments must be
received on or before March 12, 2012.
Public Hearing. EPA does not plan to
conduct a public hearing unless
requested. To request a hearing, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
by January 17, 2012. Upon such request,
EPA will hold the hearing on January
25, 2012 in the Washington, DC area
starting at 9 a.m., local time. EPA will
publish further information about the
SUMMARY:
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
hearing in the Federal Register if a
hearing is requested.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2011–0028, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Email: GHGReportingCBI@epa.gov.
• Fax: (202) 566–1741.
• Mail: Environmental Protection
Agency, EPA Docket Center (EPA/DC),
Mailcode 6102T, Attention Docket ID
No. EPA–HQ–OAR–2011–0028, 1200
Pennsylvania Avenue NW., Washington,
DC 20460.
• Hand Delivery: EPA Docket Center,
Public Reading Room, EPA West
Building, Room 3334, 1301 Constitution
Avenue NW., Washington, DC 20004.
Such deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2011–
0028. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. Send or
deliver information identified as CBI to
only the mail or hand/courier delivery
address listed above, attention: Docket
ID No. EPA–HQ–OAR–2011–0028. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through https://
www.regulations.gov your email address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
E:\FR\FM\10JAP1.SGM
10JAP1
]]>Agencies
[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Proposed Rules]
[Pages 1431-1434]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-237]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-1166]
RIN 1625-AA00
Safety Zone; Atlantic Intracoastal Waterway, Camp Lejeune, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes establishing a safety zone on the
Atlantic Intracoastal Waterway (AICW) adjacent to Marine Corps Base
(MCB) Camp Lejeune, North Carolina, which encompasses the navigable
waters of the AICW between Mile Hammock Bay and the Onslow Swing Bridge
in support of military training operations on February 6th and 7th,
2012. This action is necessary to provide for the safety of life on
navigable waters during this military training operation. This action
is intended to restrict vessel traffic on the
[[Page 1432]]
Atlantic Intracoastal Waterway to protect mariners from the hazards
associated with military training operations.
DATES: Comments and related material must be received by the Coast
Guard on or before January 19, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-1166 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-1166 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Chief Warrant Officer Joseph Edge,
Waterways Management Division Chief, Sector North Carolina, Coast
Guard; telephone (252) 247-4525, email Joseph.M.Edge@uscg.mil. If you
have questions on viewing 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-2011-1166), 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 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 email 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-2011-1166'' 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-2011-1166'' 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.
For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact Chief Warrant Officer Joseph Edge at the telephone number or
email address indicated under the FOR FURTHER INFORMATION CONTACT
section of this notice.
Basis and Purpose
On February 6 and 7, 2012, the Marine Corps Base at Camp Lejeune,
North Carolina will be conducting military training operations on the
navigable waters of the Atlantic Intracoastal Waterway between position
34[deg]32'51'' N/077[deg]19'36'' W and 34[deg]34'15'' N/077[deg]16'16''
W (NAD 1983). Due to the need to protect mariners from the hazards
associated with the military training operations, vessel traffic will
be temporary restricted from Mile Hammock Bay and the Onslow Swing
Bridge.
Discussion of Proposed Rule
The Coast Guard proposes establishing a safety zone on specified
waters of the Atlantic Intracoastal Waterway between position
34[deg]32'51'' N/077[deg]19'36'' W and 34[deg]34'15'' N/077[deg]16'16''
W (NAD 1983). This safety zone will be established in the vicinity of
Camp Lejeune, NC and enforced from 7 a.m. until 11 a.m. and from noon
until 4 p.m. on February 6, 2012, and from 7 a.m. until 11 a.m. and
from noon until 4 p.m. on February 7, 2012. In the interest of public
safety, general navigation within the safety zone will be restricted
during the specified date and times. Except for participants and
vessels authorized by the Coast Guard Captain of the Port or his
representative, no person or vessel may enter or remain in the
regulated area.
Regulatory Analyses
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
Budget has not reviewed it under that Order.
[[Page 1433]]
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
proposed regulation restricts access to the safety zone, the effect of
this rule will not be significant because: (i) The safety zone will be
in effect for a limited duration; (ii) the zone is of limited size; and
(iii) the Coast Guard will make notifications via maritime advisories
so mariners can adjust their plans accordingly.
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 not have a significant economic impact on a substantial
number of small entities because the zone will only be in place for a
limited duration, it is limited in size, and maritime advisories will
be issued allowing the mariners to adjust their plans accordingly.
This proposed rule would affect the following entities, some of
which might be small entities: the owners and operators of vessels
intending to transit or anchor in that portion of the Atlantic
Intracoastal Waterway from 7 a.m. to 4 p.m. on February 6 and 7, 2012.
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. 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 Chief Warrant Officer Joseph
Edge, Waterways Management Division Chief, Sector North Carolina, Coast
Guard; telephone (252) 247-4525, email Joseph.M.Edge@uscg.mil. 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.
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 which do not individually or cumulatively have a
significant effect on
[[Page 1434]]
the human environment. A preliminary environmental analysis checklist
supporting this determination will be 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
proposed rule.
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 proposes
to amend 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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.T05-1166 to read as follows:
Sec. 165.T05-1166 Safety Zone; Atlantic Intracoastal Waterway,
Vicinity of Marine Corps Base, Camp Lejeune, NC.
(a) Regulated Area. The following area is a safety zone: specified
waters of the Captain of the Port Sector North Carolina zone, as
defined in 33 CFR 3.25-20, in the vicinity of the Atlantic Intracoastal
Waterway between position 34[deg]32'51'' N/077[deg]19'36'' W and
34[deg]34'15'' N/077[deg]16'16'' W (NAD 1983).
(b) Definition: For the purposes of this part, Captain of the Port
Representative means any U.S. Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port,
Sector North Carolina, North Carolina to act on his behalf.
(c) Regulations:
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into this zone is prohibited unless authorized by the
Captain of the Port, Sector North Carolina or his designated
representatives.
(2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
(3) The Captain of the Port, Sector North Carolina can be reached
through the Sector Duty Officer at Sector North Carolina in Wilmington,
North Carolina at telephone Number (910) 343-3880.
(4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement Period: This regulation will be enforced from 7
a.m. until 11 a.m., and from noon until 4 p.m. on February 6, 2012,
from 7 a.m. until 11 a.m., and from noon until 4 p.m. on February 7,
2012.
Dated: December 27, 2011.
Timothy M. Cummins,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector North
Carolina.
[FR Doc. 2012-237 Filed 1-6-12; 11:15 am]
BILLING CODE 9110-04-P
