Safety Zone, Atlantic Intracoastal Waterway; Morehead City, NC, 18245-18248 [2014-07265]
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Federal Register / Vol. 79, No. 62 / Tuesday, April 1, 2014 / Proposed Rules
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
actions which do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. This rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule. 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 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise § 117.559(c) to read as
follows:
■
§ 117.559
Isle of Wight (Sinepuxent) Bay.
*
*
*
*
*
(c) On July 4, the draw need not open
from 10:00 p.m. until 11:00 p.m. to
accommodate the annual July 4th
fireworks show. Should inclement
weather prevent the fireworks event
from taking place as planned, the draw
need not open from 10:00 p.m. until
11:00 p.m. on July 5th to accommodate
the annual July 4th fireworks show.
Dated: March 20, 2014.
Steven H. Ratti,
Rear Admiral, U.S. Coast Guard Commander,
Fifth Coast Guard District.
[FR Doc. 2014–07267 Filed 3–31–14; 8:45 am]
18245
The Coast Guard proposes to
establish a temporary safety zone on the
waters of the Atlantic Intracoastal
Waterway at Morehead City, North
Carolina. The safety zone is necessary to
provide for the safety of mariners on
navigable waters during maintenance on
the U.S. 70 Fixed Bridge crossing the
Atlantic Intracoastal Waterway, mile
203.7, at Morehead City, North Carolina.
The safety zone will temporarily restrict
vessel movement within the designated
area.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before May 1, 2014.
DATES:
You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
ADDRESSES:
If
you have questions on this rule, call or
email CWO4 Joseph M. Edge, U.S. Coast
Guard Sector North Carolina; telephone
252–247–4525, email Joseph.M.Edge@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
(202) 366–9826.
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 9110–04–P
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
DEPARTMENT OF HOMELAND
SECURITY
14. Environment
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13. Technical Standards
Coast Guard
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides 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
33 CFR Part 165
A. Public Participation and Request for
Comments
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SUPPLEMENTARY INFORMATION:
[Docket Number USCG–2014–0155]
RIN 1625–AA00
Safety Zone, Atlantic Intracoastal
Waterway; Morehead City, NC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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Table of Acronyms
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.
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Federal Register / Vol. 79, No. 62 / Tuesday, April 1, 2014 / Proposed Rules
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, 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 at 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, 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, type the
docket number [USCG–2014–0155] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
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.
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2. 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, type the
docket number (USCG–2014–0155) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
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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).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the 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.
B. Basis and Purpose
North Carolina Department of
Transportation has awarded a contract
to FREYSSINET, INC of Sterling,
Virginia to perform bridge maintenance
on the U.S. 70 Fixed Bridge crossing the
Atlantic Intracoastal Waterway, mile
203.7, at Morehead City, North Carolina.
Concrete demolition, repair, shotcreting
work and bridge bearing repair is
scheduled to commence on July 19,
2014, with a completion date of April
25, 2015. The contractor will utilize a 40
foot by 60 foot barge as a work platform
and for equipment staging. This safety
zone will provide a safety buffer to
transiting vessels as bridge repairs
present potential hazards to mariners
and property due to reduced horizontal
clearance. Due to the need to protect
mariners from the hazards associated
with the bridge maintenance, vessel
traffic will be temporarily restricted
from transiting within the area. In
addition, during this period the Coast
Guard will require a two hour
notification to the work supervisor for
passage through the U.S. 70 Fixed
Bridge along the Atlantic Intracoastal
Waterway, mile 203.7, Morehead City,
North Carolina. The bridge notification
requirement will apply during the
maintenance period for vessels
requiring a horizontal clearance of
greater than 40 feet.
C. Discussion of Proposed Rule
The proposed temporary safety zone
will encompass the waters directly
under the U.S. 70 Fixed Bridge crossing
the Atlantic Intracoastal Waterway, mile
203.7, at Morehead City, North Carolina
(34°43′16″ N, 076°41′37″ W). In the
interest of public safety, general
navigation within the safety zone will
be restricted during the specified date
and times. Except for vessels authorized
by the Coast Guard Captain of the Port
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or his representative, no person or
vessel may enter or remain in the
regulated area. All vessels transiting this
section of the waterway requiring a
horizontal clearance of greater than 40
feet will be required to make a two hour
advance notification to the work
supervisor while the safety zone is in
effect. This zone will be in effect daily,
11 p.m. until 5 a.m., from July 19, 2014
through April 25, 2015.
D. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. 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, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. This rule does not restrict traffic
from transiting the designated portion of
the Atlantic Intracoastal Waterway, it
imposes a two hour notification to
ensure the waterway is clear of
impediment to allow passage to vessels
requiring a horizontal clearance of
greater than 40 feet.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule will not
have a significant economic impact on
a substantial number of small entities.
This proposed rule would affect the
following entities, some of which may
be small entities: the owners or
operators of commercial tug and barge
companies, recreational and commercial
fishing vessels intending to transit the
specified portion of Atlantic Intracoastal
Waterway, 11 p.m. until 5 a.m., from
July 19, 2014 through April 25, 2015.
This safety zone would not have a
significant economic impact on a
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Federal Register / Vol. 79, No. 62 / Tuesday, April 1, 2014 / Proposed Rules
substantial number of small entities for
the following reasons. Although the
safety zone will apply to this section of
the Atlantic Intracoastal Waterway,
vessel traffic requiring a horizontal
clearance of greater than 40 feet will be
able to request passage by providing a
two hour advanced notification to the
work supervisor. All those requiring less
than 40 feet may pass at any time.
Before the effective period, the Coast
Guard will issue maritime advisories
widely available to the users of the
waterway.
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.
3. 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. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.
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4. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and determined that this rule
does not have implications for
federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
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message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. 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.
8. 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.
9. 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.
10. Protection of Children From
Environmental Health Risks
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.
11. 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.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
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Fmt 4702
Sfmt 4702
18247
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. 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. This proposed
rule involves the establishment of a
temporary safety zone. This rule is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. A
preliminary environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this 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. 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 temporary § 165.T05–0155 to
read as follows:
■
§ 165.T05–0155 Safety Zone, Atlantic
Intracoastal Waterway; Morehead City, NC.
(a) Regulated Area. The following area
is a safety zone: This zone includes the
waters directly under and 100 yards
either side of the U.S. 70 Fixed Bridge
crossing the Atlantic Intracoastal
Waterway, mile 203.7, at Morehead
City, North Carolina (34°43′16″ N,
076°41′37″ W).
(b) Regulations. The general safety
zone regulations found in 33 CFR
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18248
Federal Register / Vol. 79, No. 62 / Tuesday, April 1, 2014 / Proposed Rules
165.23 apply to the safety zone created
by this temporary section, § 165.T05–
0155. In addition the following
regulations apply:
(1) All vessels requiring greater than
40 feet horizontal clearance to safely
transit through the U.S. 70 Fixed Bridge
crossing the Atlantic Intracoastal
Waterway, mile 203.7, at Morehead
City, North Carolina must contact the
work supervisor tender on VHF–FM
marine band radio channels 10 and 13
or at (703) 786–7607 two hours in
advance of intended transit.
(2) All Coast Guard assets enforcing
this safety zone can be contacted on
VHF–FM marine band radio channels
13 and 16.
(3) The operator of any vessel within
or 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 board a vessel displaying a Coast
Guard Ensign, and
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign.
(c) Definitions. (1) Captain of the Port
North Carolina means the Commander,
Coast Guard Sector North Carolina or
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the Captain of the Port to act on his
behalf.
(2) Designated representative means
any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port
North Carolina to assist in enforcing the
safety zone described in paragraph (a) of
this section.
(3) Work Supervisor means the
contractor’s on site representative.
(d) Enforcement. The U.S. Coast
Guard may be assisted by Federal, State
and local agencies in the patrol and
enforcement of the zone.
(e) Enforcement period. This section
will be enforced daily 11 p.m. until 5
a.m., from July 19, 2014 through April
25, 2015 unless cancelled earlier by the
Captain of the Port.
Dated: March 16, 2014.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the
Port.
[FR Doc. 2014–07265 Filed 3–31–14; 8:45 am]
BILLING CODE 9110–04–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2014–0191; FRL–9908–26–
Region6]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to the Minor New Source
Review (NSR) State Implementation
Plan (SIP); Types of Standard Permits,
State Pollution Control Project
Standard Permit and Control Methods
for the Permitting of Grandfathered
and Electing Electric Generating
Facilities
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
several revisions to the Texas State
Implementation Plan (SIP) related to the
Texas Minor New Source Review (NSR)
Standard Permits (SP) Program. First,
EPA is approving revisions submitted
by the Texas Commission on
Environmental Quality (TCEQ, or
Commission) on January 3, 2000, and
March 11, 2011, expanding the Texas SP
Program to include the Rule Standard
Permit (Rule SP). The EPA is also
proposing to approve a revision to the
Texas SIP submitted by the TCEQ on
February 1, 2006, for a specific Rule SP,
the Rule Standard Permit for Pollution
Control Projects (Rule SP for PCP) as
meeting the requirements for a Minor
NSR SIP revision. Finally, because EPA
is proposing to approve the Rule SP for
PCP, EPA is also proposing to approve
a severable portion of the January 3,
2000, submittal concerning the Texas
Senate Bill 7 (SB7) permitting program
for grandfathered and electing electric
generating facilities (EGFs). All of the
Texas SB7 EGFs permitting program
provisions have been approved as part
of the Texas NSR SIP except for this
severable portion. This severable
portion allowing for the use of the Rule
SP for PCP for permitting of collateral
emission increases is being proposed for
approval as meeting the requirements
for a Minor NSR SIP revision. EPA is
proposing these actions under section
110 of the Federal Clean Air Act (the
Act or CAA) through a direct final
rulemaking.
SUMMARY:
Written comments should be
received on or before May 1, 2014.
ADDRESSES: Comments may be mailed to
Ms. Adina Wiley, Air Permits Section
(6PD–R), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
DATES:
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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: Rick
Barrett, (214) 665–7227,
barrett.richard@epa.gov. Adina Wiley,
(214) 665–2115, wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct rule without
prior proposal because the Agency
views this as 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.
For additional information, see the
direct final rule which is located in the
rules section of this Federal Register.
Dated: March 21, 2014.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2014–07128 Filed 3–31–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2012–0233; FRL–9908–80–
OAR]
Air Quality Designations for the 2010
Sulfur Dioxide (SO2) Primary National
Ambient Air Quality Standard
(NAAQS): Notice of Action Denying
Petition for Reconsideration and Stay
Request
Environmental Protection
Agency (EPA).
ACTION: Notice of action denying
petition for reconsideration and stay
request.
AGENCY:
The Environmental Protection
Agency (EPA) is providing notice that it
has responded to a petition for
reconsideration of a rule published in
the Federal Register on August 5, 2013,
that promulgated the initial air quality
designations for the 2010 Primary Sulfur
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Proposed Rules]
[Pages 18245-18248]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07265]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0155]
RIN 1625-AA00
Safety Zone, Atlantic Intracoastal Waterway; Morehead City, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the waters of the Atlantic Intracoastal Waterway at Morehead City,
North Carolina. The safety zone is necessary to provide for the safety
of mariners on navigable waters during maintenance on the U.S. 70 Fixed
Bridge crossing the Atlantic Intracoastal Waterway, mile 203.7, at
Morehead City, North Carolina. The safety zone will temporarily
restrict vessel movement within the designated area.
DATES: Comments and related material must be received by the Coast
Guard on or before May 1, 2014.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CWO4 Joseph M. Edge, U.S. Coast Guard Sector North
Carolina; telephone 252-247-4525, email Joseph.M.Edge@uscg.mil. If you
have questions on viewing or submitting material to the docket, call
Cheryl Collins, Program Manager, Docket Operations, telephone (202)
366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. 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.
[[Page 18246]]
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, 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 at
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, 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,
type the docket number [USCG-2014-0155] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
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.
2. 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,
type the docket number (USCG-2014-0155) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. 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.
3. 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).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the 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.
B. Basis and Purpose
North Carolina Department of Transportation has awarded a contract
to FREYSSINET, INC of Sterling, Virginia to perform bridge maintenance
on the U.S. 70 Fixed Bridge crossing the Atlantic Intracoastal
Waterway, mile 203.7, at Morehead City, North Carolina. Concrete
demolition, repair, shotcreting work and bridge bearing repair is
scheduled to commence on July 19, 2014, with a completion date of April
25, 2015. The contractor will utilize a 40 foot by 60 foot barge as a
work platform and for equipment staging. This safety zone will provide
a safety buffer to transiting vessels as bridge repairs present
potential hazards to mariners and property due to reduced horizontal
clearance. Due to the need to protect mariners from the hazards
associated with the bridge maintenance, vessel traffic will be
temporarily restricted from transiting within the area. In addition,
during this period the Coast Guard will require a two hour notification
to the work supervisor for passage through the U.S. 70 Fixed Bridge
along the Atlantic Intracoastal Waterway, mile 203.7, Morehead City,
North Carolina. The bridge notification requirement will apply during
the maintenance period for vessels requiring a horizontal clearance of
greater than 40 feet.
C. Discussion of Proposed Rule
The proposed temporary safety zone will encompass the waters
directly under the U.S. 70 Fixed Bridge crossing the Atlantic
Intracoastal Waterway, mile 203.7, at Morehead City, North Carolina
(34[deg]43'16'' N, 076[deg]41'37'' W). In the interest of public
safety, general navigation within the safety zone will be restricted
during the specified date and times. Except for 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. All vessels
transiting this section of the waterway requiring a horizontal
clearance of greater than 40 feet will be required to make a two hour
advance notification to the work supervisor while the safety zone is in
effect. This zone will be in effect daily, 11 p.m. until 5 a.m., from
July 19, 2014 through April 25, 2015.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. 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,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule does not
restrict traffic from transiting the designated portion of the Atlantic
Intracoastal Waterway, it imposes a two hour notification to ensure the
waterway is clear of impediment to allow passage to vessels requiring a
horizontal clearance of greater than 40 feet.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed rule would affect the following entities, some of
which may be small entities: the owners or operators of commercial tug
and barge companies, recreational and commercial fishing vessels
intending to transit the specified portion of Atlantic Intracoastal
Waterway, 11 p.m. until 5 a.m., from July 19, 2014 through April 25,
2015.
This safety zone would not have a significant economic impact on a
[[Page 18247]]
substantial number of small entities for the following reasons.
Although the safety zone will apply to this section of the Atlantic
Intracoastal Waterway, vessel traffic requiring a horizontal clearance
of greater than 40 feet will be able to request passage by providing a
two hour advanced notification to the work supervisor. All those
requiring less than 40 feet may pass at any time. Before the effective
period, the Coast Guard will issue maritime advisories widely available
to the users of the waterway.
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.
3. 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. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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.
8. 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.
9. 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.
10. Protection of Children From Environmental Health Risks
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.
11. 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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. 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. This proposed rule
involves the establishment of a temporary safety zone. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A preliminary environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this 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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 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.
0
2. Add temporary Sec. 165.T05-0155 to read as follows:
Sec. 165.T05-0155 Safety Zone, Atlantic Intracoastal Waterway;
Morehead City, NC.
(a) Regulated Area. The following area is a safety zone: This zone
includes the waters directly under and 100 yards either side of the
U.S. 70 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile
203.7, at Morehead City, North Carolina (34[deg]43'16'' N,
076[deg]41'37'' W).
(b) Regulations. The general safety zone regulations found in 33
CFR
[[Page 18248]]
165.23 apply to the safety zone created by this temporary section,
Sec. 165.T05-0155. In addition the following regulations apply:
(1) All vessels requiring greater than 40 feet horizontal clearance
to safely transit through the U.S. 70 Fixed Bridge crossing the
Atlantic Intracoastal Waterway, mile 203.7, at Morehead City, North
Carolina must contact the work supervisor tender on VHF-FM marine band
radio channels 10 and 13 or at (703) 786-7607 two hours in advance of
intended transit.
(2) All Coast Guard assets enforcing this safety zone can be
contacted on VHF-FM marine band radio channels 13 and 16.
(3) The operator of any vessel within or 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 board a vessel displaying a
Coast Guard Ensign, and
(ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a Coast Guard Ensign.
(c) Definitions. (1) Captain of the Port North Carolina means the
Commander, Coast Guard Sector North Carolina or any Coast Guard
commissioned, warrant or petty officer who has been authorized by the
Captain of the Port to act on his behalf.
(2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port North Carolina to assist in enforcing the safety zone described in
paragraph (a) of this section.
(3) Work Supervisor means the contractor's on site representative.
(d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
(e) Enforcement period. This section will be enforced daily 11 p.m.
until 5 a.m., from July 19, 2014 through April 25, 2015 unless
cancelled earlier by the Captain of the Port.
Dated: March 16, 2014.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2014-07265 Filed 3-31-14; 8:45 am]
BILLING CODE 9110-04-P
