Safety Zone; Cape Fear River, NC, 1599-1602 [2018-00421]
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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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 § 100.501T05–1054 to read as
follows:
■
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§ 100.501T05–1054 Special Local
Regulation; Chesapeake Bay, between
Sandy Point and Kent Island, MD.
(a) Regulated area. The following
location is a regulated area: All
navigable waters of the Chesapeake Bay,
adjacent to the shoreline at Sandy Point
State Park and between and adjacent to
the spans of the William P. Lane Jr.
Memorial Bridges, from shoreline to
shoreline, bounded to the north by a
line drawn from the western shoreline
at latitude 39°01′05.23″ N., longitude
076°23′47.93″ W.; thence eastward to
latitude 39°01′02.08″ N., longitude
076°22′58.38″ W.; thence southward to
latitude 38°59′57.02″ N., longitude
076°23′02.79″ W.; thence eastward and
parallel and 500 yards north of the north
bridge span to eastern shoreline at
latitude 38°59′13.70″ N., longitude
076°19′58.40″ W.; and bounded to the
south by a line drawn parallel and 500
yards south of the south bridge span
that originates from the western
shoreline at latitude 39°00′17.08″ N.,
longitude 076°24′28.36″ W.; thence
southward to latitude 38°59′38.36″ N.,
longitude 076°23′59.67″ W.; thence
eastward to latitude 38°59′26.93″ N.,
longitude 076°23′25.53″ W.; thence
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eastward to the eastern shoreline at
latitude 38°58′40.32″ N., longitude
076°20′10.45″ W, located between
Sandy Point and Kent Island, MD. All
coordinates reference North American
Datum 83 (NAD 1983).
(b) Definitions—(1) Captain of the
Port (COTP) Maryland-National Capital
Region means the Commander, U.S.
Coast Guard Sector Maryland-National
Capital Region 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) Coast Guard Patrol Commander
means a commissioned, warrant, or
petty officer of the U.S. Coast Guard
who has been designated by the
Commander, Coast Guard Sector
Maryland-National Capital Region.
(3) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Maryland-National
Capital Region with a commissioned,
warrant, or petty officer on board and
displaying a Coast Guard ensign.
(4) Participant means all persons and
vessels participating in the Bay Bridge
Paddle event under the auspices of the
Marine Event Permit issued to the event
sponsor and approved by Commander,
Coast Guard Sector Maryland-National
Capital Region.
(c) Special local regulations. (1) The
COTP or Coast Guard Patrol
Commander may forbid and control the
movement of all vessels and persons,
including event participants, in the
regulated area. When hailed or signaled
by an official patrol, a vessel or person
in the regulated area shall immediately
comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both. The Coast Guard Patrol
Commander may terminate the event, or
the operation of any support vessel
participating in the event, at any time it
is deemed necessary for the protection
of life or property.
(2) Except for participants and vessels
already at berth, all persons and vessels
within the regulated area at the time it
is implemented are to depart the
regulated area.
(3) Persons and vessels desiring to
transit, moor, or anchor within the
regulated area must first obtain
authorization from the COTP MarylandNational Capital Region or Coast Guard
Patrol Commander. Prior to the
enforcement period, vessels or persons
seeking permission to transit, moor, or
anchor within the area may contact the
COTP Maryland-National Capital
Region at telephone number 410–576–
2693 or on Marine Band Radio, VHF–
FM channel 16 (156.8 MHz). During the
enforcement period, vessels or persons
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seeking permission to transit, moor, or
anchor within the area may contact the
Coast Guard Patrol Commander on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz) for direction.
(4) The Coast Guard may be assisted
in the patrol and enforcement of the
regulated area by other Federal, State,
and local agencies. The Coast Guard
Patrol Commander and official patrol
vessels enforcing this regulated area can
be contacted on marine band radio
VHF–FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz).
(5) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement period. This section
will be enforced from 7 a.m. to 1:30 p.m.
on June 2, 2018, and, if necessary due
to inclement weather, from 7 a.m. to
1:30 p.m. on June 3, 2018.
Dated: January 5, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2018–00420 Filed 1–11–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0965]
RIN 1625–AA00
Safety Zone; Cape Fear River, NC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone on the
navigable waters of the Cape Fear River
in Brunswick County and New Hanover
County, North Carolina. This temporary
safety zone is intended to restrict vessel
traffic on the Cape Fear River while a
vessel transports two new Post-Panamax
gantry cranes to the North Carolina State
Port in Wilmington, North Carolina.
This action is intended to restrict vessel
traffic on the Cape Fear River to protect
mariners and vessels from the hazards
associated with transporting the
assembled gantry cranes. Entry of
vessels or persons into this safety zone
is prohibited unless specifically
authorized by the Captain of the Port
(COTP) North Carolina or a designated
representative. We invite your
comments on this proposed rulemaking.
SUMMARY:
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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules
Comments and related material
must be received by the Coast Guard on
or before February 12, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0965 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, contact Petty Officer
Matthew Tyson, Waterways
Management Division, U.S. Coast Guard
Sector North Carolina, Wilmington, NC;
telephone: 910–772–2221, email:
Matthew.I.Tyson@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
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CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
COTP Captain of the Port
II. Background, Purpose, and Legal
Basis
On August 22, 2017, the North
Carolina State Port Authority notified
the Coast Guard that they will be
transporting two pre-assembled PostPanamax gantry cranes up the Cape Fear
River to the North Carolina State Port in
Wilmington, North Carolina. The
planned transit date is April 1, 2018
with alternate dates of March 29th, 30th,
31st, April 2nd, 3rd, or 4th, 2018. The
transit path will be from the Cape Fear
River Entrance Buoy, north through the
Cape Fear River to the turning basin,
and ending at the North Carolina State
Port in Wilmington, North Carolina. The
COTP North Carolina has determined
that potential safety hazards associated
with transporting the gantry cranes
would be a concern for anyone
transiting the Cape Fear River.
The purpose of this rule is to protect
persons, vessels, and the marine
environment on the navigable waters on
the Cape Fear River during the transport
of the gantry cranes. The Coast Guard
proposes this rulemaking under
authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a
safety zone on a portion of the Cape
Fear River to be enforced during the
transit of a vessel transporting two preassembled Post-Panamax gantry cranes
up the Cape Fear River on April 1, 2018.
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The transport is expected to take
between five and seven hours. There
will be alternate dates of March 29th,
30th, 31st, April 2nd, 3rd, or 4th, 2018
in case severe weather or other
conditions prevent the safe transit of the
vessel on April 1st. Exact enforcement
times will be based on tide schedules
and anticipated sea conditions and will
be announced by broadcast to mariners
at least two days prior to the transit. The
safety zone will include all navigable
waters of the Cape Fear River from the
International Regulations for Prevention
of Collisions at Sea, 1972 (COLREGS,
72) Demarcation Line drawn from Oak
Island Light House to Bald Head Island
Abandon Light House noted on NOAA
chart 11537 and proceeding north up
the Cape Fear River from shore to shore
to the Cape Fear Memorial Bridge, a
length of approximately 26 miles. The
safety zone will be enforced until the
vessel transporting the cranes has been
safely moored at North Carolina State
Port in Wilmington, North Carolina. The
duration of this zone is intended to
protect persons, vessels, and the marine
environment on the navigable waters of
the Cape Fear River during the transport
of the gantry cranes. No vessel or person
will be permitted to enter the safety
zone unless specifically authorized by
the Captain of the Port North Carolina
or a designated representative. There
will be a pre-designated safety vessel
ahead of the transport vessel to monitor
the flow of traffic and inform mariners
that the gantry crane transit is in
progress. Vessels that are less than 40
feet in height and will not impede the
transport vessel may request permission
to pass through the safety zone or
remain in place as the transport vessel
passes. The Fort Fisher and Bald Head
ferries will be able to operate on their
normal schedule as long as the
scheduled transit will not come within
one mile of the transport vessel and they
receive permission from the Captain of
the Port North Carolina or a designated
representative. The strict height
restriction of 40 feet is required because
portions of the transported cranes
extend over the water on both sides of
the transport vessel. The regulatory text
we are proposing appears at the end of
this document.
IV. 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 and
Executive orders and we discuss First
Amendment rights of protestors.
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A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
duration of the proposed safety zone.
Vessel traffic will not be allowed to
enter or transit a portion of the Cape
Fear River on April 1, 2018 with
alternate dates of March 29th, 30th,
31st, April 2nd, 3rd, or 4th, 2018 for
approximately five to seven hours. The
Coast Guard will issue a Local Notice to
Mariners and transmit a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 regarding the safety zone.
This portion of the Cape Fear River has
been determined to be a high traffic
area. This rule allows vessels to request
permission to pass through the moving
safety zone or remain in place as long
as they are under the height restriction
of 40 feet.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
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
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ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 section. 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.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
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D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
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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.
F. 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 (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 a safety zone on all navigable
waters of the Cape Fear River from the
International Regulations for Prevention
of Collisions at Sea, 1972 (COLREGS,
72) Demarcation Line drawn from Oak
Island Light House to Bald Head Island
Abandon Light House noted on NOAA
chart 11537 and proceeding north up
the Cape Fear River from shore to shore
to the Cape Fear Memorial Bridge, a
length of approximately 26 miles.
Normally such actions are categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of
Commandant Instruction M16475.lD. A
preliminary Record of Environmental
Consideration supporting this
determination is 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.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. 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.
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We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05–0965 to read as
follows:
■
§ 165.T05–0965 Safety Zone, Cape Fear
River, Brunswick County and New Hanover
County, NC.
(a) Location. The following area is a
safety zone: All navigable waters of the
Cape Fear River from the International
Regulations for Prevention of Collisions
at Sea, 1972 (COLREGS, 72)
Demarcation Line drawn from Oak
Island Light House to Bald Head Island
Abandon Light House noted on NOAA
chart 11537 and proceeding north up
the Cape Fear River from shore to shore
to the Cape Fear Memorial Bridge, in
Brunswick County and New Hanover
County, NC.
(b) Definitions. As used in this
section:
Designated representative means a
Coast Guard Patrol Commander,
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including a Coast Guard commissioned,
warrant, or petty officer designated by
the Captain of the Port North Carolina
(COTP) for the enforcement of the safety
zone.
Captain of the Port means the
Commander, Sector North Carolina.
Participants means persons and
vessels involved in support of the gantry
crane transport.
(c) Regulations. (1) The general
regulations governing safety zones in
§ 165.23 apply to the area described in
paragraph (a) of this section.
(2) With the exception of participants,
entry into or remaining in this safety
zone is prohibited unless authorized by
the COTP North Carolina or the COTP
North Carolina’s designated
representative. All vessels under 40 feet
in height within this safety zone when
this section becomes effective may
request permission to remain in the
zone. All other vessels must depart the
zone immediately.
(3) To request permission to remain
in, enter, or transit through the safety
zone, contact the COTP North Carolina
or the COTP North Carolina’s
representative through the Coast Guard
Sector North Carolina Command Duty
Officer, Wilmington, North Carolina, at
telephone number 910–343–3882, or on
VHF–FM marine band radio channel 13
(165.65 MHz) or channel 16 (156.8
MHz).
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement period. This
regulation will be enforced during
vessel transit on April 1, 2018 or
alternatively, March 29th, 30th, 31st,
April 2nd, 3rd, or 4th, 2018.
Dated: December 19, 2017.
Bion B. Stewart,
Captain, U.S. Coast Guard Captain of the
Port North Carolina.
[FR Doc. 2018–00421 Filed 1–11–18; 8:45 am]
BILLING CODE 9110–04–P
The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the state of
Montana on September 11, 2013. The
submittal revises the portions of the
Administrative Rules of Montana (ARM)
that pertain to the East Helena Lead SIP.
This action is being taken under section
110 of the Clean Air Act (CAA) (Act).
DATES: Written comments must be
received on or before February 12, 2018.
ADDRESSES: Submit your comments,
identified by EPA–R08–OAR–2017–
0634 at https://www.regulations.gov.
Follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from www.regulations.gov. The EPA
may publish any comment received to
its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kevin Leone, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6227,
leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. General Information
What should I consider as I prepare my
comments for the EPA?
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R08–OAR–2017–0634; FRL–9972–
14—Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Montana; Revisions to East Helena
Lead SIP
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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a. Submitting Confidential Business
Information (CBI). Do not submit CBI to
the EPA through https://
www.regulations.gov or email. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to the EPA, mark the outside
of the disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
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includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
b. Tips for Preparing Your Comments.
When submitting comments, remember
to:
i. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions—The agency
may ask you to respond to specific
questions or organize comments by
referencing a Code of Federal
Regulations (CFR) part or section
number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified.
II. Background
The proposed SIP revisions stem from
a June 10, 2013, Montana Board of
Environmental Review Order (Board
Order) removing a stipulated condition
in an August 4, 1995 Board Order. The
condition limited the allowable
concentration of lead in raw feed
material at the American Chemet
Corporation’s East Helena facility.
Specifically, American Chemet
requested a change to the 1995 Board
Order which would eliminate Exhibit A,
Section C, Subsection B. This
subsection reads:
‘‘Feed Material into the plant shall
have a quarterly average lead content of
less than 0.15%, and an average annual
lead content of less than 0.10%.’’
All other East Helena Lead SIP
provisions, including direct numerical
limits on lead emissions from American
Chemet Corporation’s East Helena
facility, would remain unchanged.
The East Helena Lead SIP includes a
‘‘lead in feed’’ limitation for the
American Chemet facility, which was
created as part of the Montana
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]]>Agencies
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Proposed Rules]
[Pages 1599-1602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00421]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0965]
RIN 1625-AA00
Safety Zone; Cape Fear River, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the navigable waters of the Cape Fear River in Brunswick County and
New Hanover County, North Carolina. This temporary safety zone is
intended to restrict vessel traffic on the Cape Fear River while a
vessel transports two new Post-Panamax gantry cranes to the North
Carolina State Port in Wilmington, North Carolina. This action is
intended to restrict vessel traffic on the Cape Fear River to protect
mariners and vessels from the hazards associated with transporting the
assembled gantry cranes. Entry of vessels or persons into this safety
zone is prohibited unless specifically authorized by the Captain of the
Port (COTP) North Carolina or a designated representative. We invite
your comments on this proposed rulemaking.
[[Page 1600]]
DATES: Comments and related material must be received by the Coast
Guard on or before February 12, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0965 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, contact Petty Officer Matthew Tyson, Waterways
Management Division, U.S. Coast Guard Sector North Carolina,
Wilmington, NC; telephone: 910-772-2221, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
II. Background, Purpose, and Legal Basis
On August 22, 2017, the North Carolina State Port Authority
notified the Coast Guard that they will be transporting two pre-
assembled Post-Panamax gantry cranes up the Cape Fear River to the
North Carolina State Port in Wilmington, North Carolina. The planned
transit date is April 1, 2018 with alternate dates of March 29th, 30th,
31st, April 2nd, 3rd, or 4th, 2018. The transit path will be from the
Cape Fear River Entrance Buoy, north through the Cape Fear River to the
turning basin, and ending at the North Carolina State Port in
Wilmington, North Carolina. The COTP North Carolina has determined that
potential safety hazards associated with transporting the gantry cranes
would be a concern for anyone transiting the Cape Fear River.
The purpose of this rule is to protect persons, vessels, and the
marine environment on the navigable waters on the Cape Fear River
during the transport of the gantry cranes. The Coast Guard proposes
this rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a safety zone on a portion of the
Cape Fear River to be enforced during the transit of a vessel
transporting two pre-assembled Post-Panamax gantry cranes up the Cape
Fear River on April 1, 2018. The transport is expected to take between
five and seven hours. There will be alternate dates of March 29th,
30th, 31st, April 2nd, 3rd, or 4th, 2018 in case severe weather or
other conditions prevent the safe transit of the vessel on April 1st.
Exact enforcement times will be based on tide schedules and anticipated
sea conditions and will be announced by broadcast to mariners at least
two days prior to the transit. The safety zone will include all
navigable waters of the Cape Fear River from the International
Regulations for Prevention of Collisions at Sea, 1972 (COLREGS, 72)
Demarcation Line drawn from Oak Island Light House to Bald Head Island
Abandon Light House noted on NOAA chart 11537 and proceeding north up
the Cape Fear River from shore to shore to the Cape Fear Memorial
Bridge, a length of approximately 26 miles. The safety zone will be
enforced until the vessel transporting the cranes has been safely
moored at North Carolina State Port in Wilmington, North Carolina. The
duration of this zone is intended to protect persons, vessels, and the
marine environment on the navigable waters of the Cape Fear River
during the transport of the gantry cranes. No vessel or person will be
permitted to enter the safety zone unless specifically authorized by
the Captain of the Port North Carolina or a designated representative.
There will be a pre-designated safety vessel ahead of the transport
vessel to monitor the flow of traffic and inform mariners that the
gantry crane transit is in progress. Vessels that are less than 40 feet
in height and will not impede the transport vessel may request
permission to pass through the safety zone or remain in place as the
transport vessel passes. The Fort Fisher and Bald Head ferries will be
able to operate on their normal schedule as long as the scheduled
transit will not come within one mile of the transport vessel and they
receive permission from the Captain of the Port North Carolina or a
designated representative. The strict height restriction of 40 feet is
required because portions of the transported cranes extend over the
water on both sides of the transport vessel. The regulatory text we are
proposing appears at the end of this document.
IV. 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 and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the proposed safety zone. Vessel traffic will
not be allowed to enter or transit a portion of the Cape Fear River on
April 1, 2018 with alternate dates of March 29th, 30th, 31st, April
2nd, 3rd, or 4th, 2018 for approximately five to seven hours. The Coast
Guard will issue a Local Notice to Mariners and transmit a Broadcast
Notice to Mariners via VHF-FM marine channel 16 regarding the safety
zone. This portion of the Cape Fear River has been determined to be a
high traffic area. This rule allows vessels to request permission to
pass through the moving safety zone or remain in place as long as they
are under the height restriction of 40 feet.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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
[[Page 1601]]
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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
section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. 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 (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 a safety
zone on all navigable waters of the Cape Fear River from the
International Regulations for Prevention of Collisions at Sea, 1972
(COLREGS, 72) Demarcation Line drawn from Oak Island Light House to
Bald Head Island Abandon Light House noted on NOAA chart 11537 and
proceeding north up the Cape Fear River from shore to shore to the Cape
Fear Memorial Bridge, a length of approximately 26 miles. Normally such
actions are categorically excluded from further review under paragraph
34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary
Record of Environmental Consideration supporting this determination is
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.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0965 to read as follows:
Sec. 165.T05-0965 Safety Zone, Cape Fear River, Brunswick County and
New Hanover County, NC.
(a) Location. The following area is a safety zone: All navigable
waters of the Cape Fear River from the International Regulations for
Prevention of Collisions at Sea, 1972 (COLREGS, 72) Demarcation Line
drawn from Oak Island Light House to Bald Head Island Abandon Light
House noted on NOAA chart 11537 and proceeding north up the Cape Fear
River from shore to shore to the Cape Fear Memorial Bridge, in
Brunswick County and New Hanover County, NC.
(b) Definitions. As used in this section:
Designated representative means a Coast Guard Patrol Commander,
[[Page 1602]]
including a Coast Guard commissioned, warrant, or petty officer
designated by the Captain of the Port North Carolina (COTP) for the
enforcement of the safety zone.
Captain of the Port means the Commander, Sector North Carolina.
Participants means persons and vessels involved in support of the
gantry crane transport.
(c) Regulations. (1) The general regulations governing safety zones
in Sec. 165.23 apply to the area described in paragraph (a) of this
section.
(2) With the exception of participants, entry into or remaining in
this safety zone is prohibited unless authorized by the COTP North
Carolina or the COTP North Carolina's designated representative. All
vessels under 40 feet in height within this safety zone when this
section becomes effective may request permission to remain in the zone.
All other vessels must depart the zone immediately.
(3) To request permission to remain in, enter, or transit through
the safety zone, contact the COTP North Carolina or the COTP North
Carolina's representative through the Coast Guard Sector North Carolina
Command Duty Officer, Wilmington, North Carolina, at telephone number
910-343-3882, or on VHF-FM marine band radio channel 13 (165.65 MHz) or
channel 16 (156.8 MHz).
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
(e) Enforcement period. This regulation will be enforced during
vessel transit on April 1, 2018 or alternatively, March 29th, 30th,
31st, April 2nd, 3rd, or 4th, 2018.
Dated: December 19, 2017.
Bion B. Stewart,
Captain, U.S. Coast Guard Captain of the Port North Carolina.
[FR Doc. 2018-00421 Filed 1-11-18; 8:45 am]
BILLING CODE 9110-04-P
