Little Creek Harbor, Fisherman's Cove, Joint Expeditionary Base Little Creek-Fort Story, Little Creek, Virginia, Restricted Areas, 38873-38876 [2019-16972]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Rules and Regulations
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0672 to read as
follows:
■
§ 165.T09–0672 Safety Zone; St. Norbert
College Fireworks, Fox River, De Pere, WI.
(a) Location. All navigable waters of
the Fox River in De Pere, WI within 500
feet of a vessel used to launch fireworks
at coordinates 44°26′55″ N, 088°03′50″
W.
(b) Enforcement Period. The regulated
area described in paragraph (a) will be
enforced from 7:30 p.m. through 9 p.m.
on August 25, 2019.
(c) Regulations. (1) In accordance with
the general regulations in section
§ 165.23, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Lake Michigan
(COTP) or a designated on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
on-scene representative.
(3) The ‘‘on-scene representative’’ of
the COTP is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the COTP
to act on his or her behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or an on-scene
representative to obtain permission to
do so. The COTP or an on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the COTP or
an on-scene representative.
Dated: August 2, 2019.
L.M. Lusk,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Lake Michigan.
[FR Doc. 2019–16960 Filed 8–7–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
jbell on DSK3GLQ082PROD with RULES
[COE–2017–0006]
Little Creek Harbor, Fisherman’s Cove,
Joint Expeditionary Base Little CreekFort Story, Little Creek, Virginia,
Restricted Areas
AGENCY:
U.S. Army Corps of Engineers,
DoD.
ACTION:
Final rule.
VerDate Sep<11>2014
15:42 Aug 07, 2019
Jkt 247001
The Corps of Engineers is
establishing restricted areas in the
waters of Fisherman’s Cove and Little
Creek Harbor at Joint Expeditionary
Base Little Creek-Fort Story, Little Creek
(JEBLCFS) in Virginia Beach, Virginia.
JEBLCFS is the homeport of numerous
ships, small boats, and special
operational units. The restricted areas
are necessary to better protect vessels
and personnel assigned to JEBLCFS by
implementing a waterside security
program. The regulation establishes the
restricted areas in waters within the
boundary of the existing installation and
in the entry channel into the harbor.
DATES: Effective September 9, 2019.
ADDRESSES: U.S. Army Corps of
Engineers, Attn: CECW–CO (David
Olson), 441 G Street NW, Washington,
DC 20314–1000.
FOR FURTHER INFORMATION CONTACT: Mr.
David Olson, Headquarters, Operations
and Regulatory Community of Practice,
Washington, DC at 202–761–4922, or
Ms. Nicole Woodward, Corps of
Engineers, Norfolk District, Regulatory
Branch, at 757–201–7122.
SUPPLEMENTARY INFORMATION: The
proposed rule was published in the May
23, 2018, edition of the Federal Register
(83 FR 23867) and the regulations.gov
docket number was COE–2017–0006. In
response to the proposed rule, two
comments were received.
One commenter stated that additional
clarification was needed regarding the
coordinates for the proposed restricted
areas because as written it is unclear
what the intended extent of the areas
should be. The Navy provided corrected
coordinates and modified the rule text
to address the charting concerns.
Another commenter questioned the
need for the additional restrictions to
enhance security within the waterway,
and the commenter expressed concerns
regarding the enforceability of the
proposed restrictions, as well as what
impacts they would have on local
businesses, property values, and
navigational access. The proposed rule
would have provided greater restrictions
within Little Creek Harbor, including
requiring all vessels transiting inbound/
outbound of the Outer Harbor to notify
the Little Creek Port Control of their
destination and intentions using VHF–
FM channel 12 at all times. In response
to these comments, the restrictions were
modified to allow for all privately
owned vessels, properly registered and
bearing identification in accordance
with Federal and/or State laws and
regulations, and all Government owned
vessels (public vessels), to enter or exit
the restricted area at any time at a speed
commensurate with minimum wake,
SUMMARY:
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
38873
except for when the Commanding
Officer, JEBLCFS, is ordered to
implement Force Protection Condition
(FPCON) Charlie/Delta, or when specific
authority is granted by the District
Engineer, at which time vessel traffic
movement within the Outer Harbor may
be restricted temporarily. This rule will
not prevent the public from entering the
areas at all times; it will merely restrict
the amount of time during which
individuals may enter and stay within
those areas, particularly during periods
of increased threats. In order to improve
the safety of military assets, as well as
to the public, the rule also requires
vessels entering those areas to provide
additional notification and be given
permission to enter the area. The
regulation does not grant the Navy
additional legal authority beyond their
current authorities; however, it allows
them to use additional resources to
enforce the waterway, such as the U.S.
Coast Guard and Virginia Marine
Resource Commission acting within
their own authorities to police the
waterway. If conditions warrant
elevating restrictions within the Outer
Harbor Restricted Area due to
implementation of FPCON Charlie/Delta
or when specifically authorized by the
District Engineer, then JEBLCFS will
coordinate with the U.S. Coast Guard to
allow vessel entry into the restricted
area upon request. Vessels will still be
able to transit the waterway to access
the businesses and private properties
located upstream of the restricted area;
therefore, the impacts on businesses and
property values are anticipated to be
minimal.
Due to the location of JEBLFC, which
is located south of a narrow inlet off of
the Chesapeake Bay, alternatives to the
location of a restricted area within the
waterway near the entrance to the water
based side of the installation are
limited. This regulation establishes a
restricted area within the Outer Harbor
which will be enacted on a temporary
basis during periods of heighted threat
conditions. Reducing the speeds of
vessels within the waterway allows the
Navy to better assess vessels as they
approach through the narrow opening to
the Inner Harbor. The Navy will be
better able to determine whether the
vessels are a threat intending to
approach the installation or if they will
make the 90-degree turn west toward
the commercial and private facilities
within Fisherman’s Cove. Full-time
restrictions on the Inner Harbor
Restricted Area will allow the Navy to
assess the safety of all vessels that
approach in close vicinity of
Government owned vessels and
E:\FR\FM\08AUR1.SGM
08AUR1
38874
Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Rules and Regulations
property in order to better protect those
military assets and the personal
stationed at Little Creek. There are
current measures in place, such as
existing barriers and regulations to
protect the Navy vessels within the
harbor. However, the restricted areas
will provide a more permanent safety
measure and allow for enhanced
measures to be enacted to protect
additional property and personnel
within the installation as needed.
In response to the Norfolk District’s
public notice, 178 individuals
submitted requests to the district for a
public hearing. The purpose of a public
hearing is to gain information regarding
the proposal that is pertinent to the
decision-making process that cannot be
obtained through other means. In
accordance with the Corps’ regulations
at 33 CFR 334.4(c), the district engineer
decides whether to hold a public
hearing for a proposed restricted area or
danger zone. The Norfolk District
denied the request for a public hearing
because it determined that, through the
proposed rule published in the Federal
Register and the public notice for the
proposed rule issued by the Norfolk
District, it received sufficient
information to evaluate the proposal,
and that the comments received in
response to the proposed rule have been
fully addressed. Therefore, we have
determined that public hearing is not
necessary in order to make a decision
because a public hearing is unlikely to
provide additional substantive
information for this rulemaking action.
In response to a request by the United
States Navy, and pursuant to its
authorities in Section 7 of the Rivers
and Harbors Act of 1917 (40 Stat. 266;
33 U.S.C. 1) and Chapter XIX of the
Army Appropriations Act of 1919 (40
Stat. 892; 33 U.S.C. 3), the Corps of
Engineers is amending 33 CFR part 334
to establish a permanent restricted area,
in the waters of Fisherman’s Cove and
Little Creek Harbor adjacent to Joint
Expeditionary Base Little Creek-Fort
Story, Little Creek (JEBLCFS) in Virginia
Beach, Virginia.
jbell on DSK3GLQ082PROD with RULES
Procedural Requirements
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. For the reasons
stated below, this final rule is not a
‘‘significant regulatory action’’ under
VerDate Sep<11>2014
15:42 Aug 07, 2019
Jkt 247001
Executive Order 12866. Accordingly,
this final rule 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.
The Corps determined this final rule
is not a significant regulatory action
because this restricted area regulation
allows all privately owned vessels that
are properly registered and bearing
identification in accordance with
federal and/or state laws and
regulations, as well as all governmentowned vessels, to enter or exit the Outer
Harbor restricted area at any time at a
speed commensurate with minimum
wake, except when the Commanding
Officer, JEBLCFS, is ordered to
implement Force Protection Condition
(FPCON) Charlie/Delta, or when specific
authority is granted by the District
Engineer, at which time vessel traffic
movement within the Outer Harbor may
be restricted temporarily. The Inner
Harbor Restricted Area is restricted to
those privately owned vessels or
persons calling upon the commercial/
private piers located within the Inner
Harbor and government-owned vessels
transiting to and from U.S. Navy or U.S.
Coast Guard facilities and authorized
DOD patrons of the U.S. Navy
recreational marina, plus any other
vessels or persons granted specific
authorization by Commanding Officer,
Joint Expeditionary Base Little CreekFort Story, and/or other persons or
agencies as he/she may designate. This
rule is issued with respect to a military
function of the Department of Defense
and the provisions of Executive Order
12866 do not apply.
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 Corps certifies under 5 U.S.C.
605(b) that this rule would not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels that intend to transit the
restricted area may be small entities, for
the reasons stated in paragraph (a)
above, this rule would not have a
significant economic impact on any
vessel owner or operator because it
allows, with exceptions provide in the
rule text, all privately owned vessels
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
that are properly registered and bearing
identification in accordance with
federal and/or state laws and
regulations, as well as all governmentowned vessels, to enter or exit the
restricted areas at any time at a speed
commensurate with minimum wake. In
addition, the restricted areas are
necessary to protect vessels and
personnel assigned to JEBLCFS by
implementing a waterside security
program. Small entities can also utilize
navigable waters outside of the
restricted areas. Small entities that need
to transit the restricted areas may do so
as long as the operator of the vessel
obtains permission from Little Creek
Port Control or the Commanding
Officer, JEBLCFS, and/or other persons
or agencies as he/she may designate.
The restricted areas are necessary for
security of JEBLCFS. After considering
the economic impacts of this final
restricted area regulation on small
entities, I certify that this action will not
have a significant impact on a
substantial number of small entities.
c. Review Under the National
Environmental Policy Act
Due to the administrative nature of
this action and because there is no
intended change in the use of the area,
the Corps expects that this regulation, if
adopted, will not have a significant
impact to the quality of the human
environment and, therefore, preparation
of an environmental impact statement is
not required. An environmental
assessment has been prepared. It may be
reviewed at the District office listed at
the end of the FOR FURTHER INFORMATION
CONTACT section, above.
d. Unfunded Mandates Act
This proposed rule does not impose
an enforceable duty among the private
sector and, therefore, it is not a Federal
private sector mandate and it is not
subject to the requirements of either
Section 202 or Section 205 of the
Unfunded Mandates Act. We have also
found under Section 203 of the Act, that
small governments will not be
significantly and uniquely affected by
this rulemaking.
e. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. We will submit a
report containing the final rule and
other required information to the U.S.
Senate, the U.S. House of
E:\FR\FM\08AUR1.SGM
08AUR1
Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Rules and Regulations
Representatives, and the Comptroller
General of the United States. A major
rule cannot take effect until 60 days
after it is published in the Federal
Register. This final rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety,
Navigation (water), Restricted areas,
Waterways.
For the reasons set out in the
preamble, the Corps amends 33 CFR
part 334 as follows:
PART 334—DANGER ZONE AND
RESTRICTED AREA REGULATIONS
1. The authority citation for 33 CFR
Part 334 continues to read as follows:
■
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
■
2. Add 334.305 to read as follows:
jbell on DSK3GLQ082PROD with RULES
§ 334.305 Little Creek Harbor, Fisherman’s
Cove, Joint Expeditionary Base Little CreekFort Story, Little Creek, Virginia, Restricted
Areas.
(a) The Little Creek Restricted Areas.
The Little Creek Restricted Areas consist
of two distinct areas: The Outer Harbor
Restricted Area and the Inner Harbor
Restricted Area. The datum for the
coordinates in this section is NAD–83.
(1) The Outer Harbor Restricted Area.
The waters within an area beginning at
latitude 36°55′57.7″ N, longitude
76°10′35″ W; thence southwesterly to a
point at latitude 36°55′53″ N, longitude
76°10′44″ W, thence southerly to
latitude 36°55′21.2″ N, longitude
76°10′42″ W; thence southwesterly to
latitude 36°55′18.3″ N, longitude
76°10′49″ W; thence northwesterly to a
point in Fisherman’s Cove at latitude
36°55′22″ N, longitude 76°11′15.5″ W;
thence southerly to latitude 36°55′19.2″
N, longitude 76°11′16″ W, thence
easterly near the southern shoreline of
Fisherman’s Cove, to latitude
36°55′15.8″ N, longitude 76°10′58.8″ W;
and ending at latitude 36°55′18″ N,
longitude 76°10′30″ W; thence to the
point of origin.
(2) The Inner Harbor Restricted Area.
The waters within Little Creek Harbor
south of a line beginning at latitude
36°55′15.8″ N, longitude 76°10′58.8″ W;
and ending at latitude 36°55′18″ N,
longitude 76°10′30″ W.
(b) The regulations—(1) The Outer
Harbor Restricted Area. (i) All privately
owned vessels, properly registered and
bearing identification in accordance
with Federal and/or State laws and
regulations, and all Government owned
vessels (public vessels) may enter or exit
the waters described in paragraph (a)(1)
of this section at any time and transit
VerDate Sep<11>2014
15:42 Aug 07, 2019
Jkt 247001
inbound/outbound of the marked
dredged channel leading to Little Creek
Harbor between jetties 8 miles westward
of Cape Henry Light. All vessels
transiting inbound/outbound of the
channel except for those vessels listed
in paragraph (c)(2) of this section shall
proceed at speeds commensurate with
minimum wake. Any vessel equipped
with a marine radio can monitor VHF–
FM channel 12 for message traffic from
Little Creek Port Control.
(ii) When Commanding Officer, Joint
Expeditionary Base Little Creek-Fort
Story is ordered to implement Force
Protection Conditions (FPCONs)
Charlie/Delta, or when specific
authority is granted by the District
Engineer, all vessel traffic movement
can be restricted except for those vessels
that meet the criteria in paragraph (c)(2)
of this section. FPCONs are a system of
protective measures used by the
Department of Defense (DOD)
installations to guard against and deter
terrorist attack. Senior commanders
assign the FPCONs for their region, and
installation commanders may raise
FPCONS and tighten security measures
based on local conditions. In the event
FPCONs Charlie/Delta is implemented
by the Commanding Officer, Joint
Expeditionary Base Little Creek, which
requires the restriction of vessel traffic
movement in the Outer Harbor
Restricted Area, the installation will
coordinate with the U.S. Coast Guard,
Fifth District; Army Corps of Engineers,
Norfolk District; and state and local law
enforcement and governmental
authorities. The installation will also
disseminate information to the public
and local news media outlets.
Information on whether vessel traffic
movement has been restricted in the
Outer Harbor Restricted Area due to the
implementation of FPCONs Charlie/
Delta will also be published and
disseminated by the U.S. Coast Guard.
(2) The Inner Harbor Restricted Area.
All vessels or persons intending to
transit inbound/outbound of the Inner
Harbor Restricted Area shall request
permission from Little Creek Harbor
Port Control using VHF–FM channel 12
prior to transiting and will provide their
destination/intentions with the
exception of those vessels that meet the
criteria in paragraph (c)(2) of this
section. The Inner Harbor Restricted
Area is limited to those privately owned
vessels or persons calling upon the
commercial/private piers located within
the Inner Harbor and government
owned vessels (public vessels) transiting
to and from U.S. Navy or U.S. Coast
Guard facilities and authorized DOD
patrons of the U.S. Navy recreational
marina. No other vessels or persons may
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
38875
enter or exit this area unless specific
authorization is granted by
Commanding Officer, Joint
Expeditionary Base Little Creek-Fort
Story, and/or other persons or agencies
as he/she may designate.
(3) All vessels or persons transiting
inbound/outbound of the Inner Harbor
Restricted Area are subject to all
applicable federal and state laws
including laws or regulations designed
to protect the naval facility and persons
or vessels assigned therein. Federal and
state law enforcement officials may at
any time take action to ensure
compliance with their respective laws.
In addition, this regulation authorizes
Navy security personnel, designated by
Commander, Joint Expeditionary Base
Little Creek-Fort Story or persons
authorized to act in his/her behalf, the
authority to ascertain the identity and
intent of any vessels and/or persons
transiting the restricted area that
indicate by way of appearance or action
they are a possible threat to government
assets. If a determination is made that
the vessel and/or persons are a threat to
government assets located within the
restricted area, Navy security units may
take actions as provided by law or
regulation that are deemed necessary to
protect government personnel and
assets located within the restricted area.
(c) Enforcement. (1) The regulation in
this section shall be enforced by the
Commanding Officer, Joint
Expeditionary Base Little Creek-Fort
Story, U.S. Coast Guard, local/state law
enforcement, and/or persons or agencies
as he/she may designate during
emergency situations.
(2) Federal and state law enforcement
vessels and personnel may enter
anywhere in the restricted area at any
time in the operation of their statutory
missions or to enforce their respective
laws.
(3) Nothing in this regulation is
deemed to preempt 33 CFR 165.501.
(4) Vessels or persons calling upon
the commercial/private piers located
within the Inner Harbor with proper
identification and clearance will be
allowed entry subject to the same
provisions described in paragraph (b) of
this section. Commanding Officer, Joint
Expeditionary Base Little Creek-Fort
Story reserves the right to temporarily
deny entry in emergency situations,
elevated DOD Force Protection
conditions in the Harbor, or other safety
of navigation constraints.
E:\FR\FM\08AUR1.SGM
08AUR1
38876
Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Rules and Regulations
Dated: August 1, 2019.
Thomas P. Smith, P.E.,
Chief, Operations and Regulatory Division,
Directorate of Civil Works.
[FR Doc. 2019–16972 Filed 8–7–19; 8:45 am]
BILLING CODE 3720–58–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0257; FRL–9997–84–
Region 4]
Air Plan Approval; North Carolina: PSD
Requirements for GHGs
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
two State Implementation Plan (SIP)
revisions dated July 30, 2012, and
January 12, 2018, submitted by the State
of North Carolina through the North
Carolina Department of Environmental
Quality (NCDEQ). These SIP revisions
are related to the State’s Prevention of
Significant Deterioration (PSD)
permitting program requirements for
greenhouse gases (GHGs). EPA has
determined that the July 30, 2012, and
January 12, 2018, SIP revisions are
consistent with the Clean Air Act (CAA
or Act).
DATES: This rule will be effective
September 9, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0257. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
jbell on DSK3GLQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:42 Aug 07, 2019
Jkt 247001
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Andres Febres, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. Mr. Febres can be reached
by telephone at (404) 562–8966 or via
electronic mail at febresmartinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the EPA finalizing today?
EPA received two SIP revisions from
NCDEQ, dated July 30, 2012, and
January 12, 2018, that include changes
to North Carolina’s SIP-approved air
quality rule at 15 North Carolina
Administrative Code (NCAC) 02D
.0544—Prevention of Significant
Deterioration Requirements for
Greenhouse Gases.1 2 3 The 2012 and
2018 revisions include several
administrative and typographical
changes to the rule, as well as a
modification to the date associated with
the incorporation by reference (IBR) of
40 CFR 51.166 that was initially meant
to capture EPA’s final action entitled
‘‘Deferral for CO2 Emissions From
Bioenergy and Other Biogenic Sources
Under the Prevention of Significant
Deterioration (PSD) and Title V
Programs’’ (hereinafter referred to as the
‘‘Biomass Deferral Rule’’).4 In a March 4,
2019, letter, North Carolina asked EPA
to approve changes to the IBR-related
paragraph in Section .0544, including
the date modification, but to exclude the
1 EPA notes that the Agency received the SIP
revisions on August 3, 2012, and February 2, 2018,
respectively.
2 In the table of North Carolina regulations
approved into the SIP at 40 CFR 52.1770(c), 15A
NCAC 02D is referred to as ‘‘Subchapter 2D Air
Pollution Control Requirements.’’
3 The PSD permitting program is established in
part C of title I of the CAA and applies in areas that
meet the National Ambient Air Quality Standards
(NAAQS)—‘‘attainment areas’’—as well as areas
where there is insufficient information to determine
if the area meets the NAAQS—‘‘unclassifiable
areas.’’ EPA’s regulations governing PSD
implementation are located at 40 CFR 51.166 and
52.21.
4 On July 20, 2011, EPA finalized the Biomass
Deferral Rule, which deferred for a period of three
years, the application of PSD and Title V permitting
requirements to carbon dioxide (CO2) emissions
from bioenergy and other biogenic stationary
sources. See 76 FR 43490. Although the United
States Court of Appeals for the District of Columbia
Circuit vacated the Biomass Deferral Rule in 2013,
EPA has not taken formal action to remove the Rule
from the CFR at 40 CFR 51.166(b)(48)(ii)(a),
52.21(b)(49)(ii)(a), 70.2(2), and 71.2(2). For more
information see the notice of proposed rulemaking
associated with this final rulemaking on North
Carolina’s July 30, 2012, and January 12, 2018 SIP
revisions at 84 FR 23750 (May 23, 2019).
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
adoption of the Biomass Deferral Rule
from the IBR.5
The 2018 submittal also seeks to
remove the PSD requirements for major
stationary sources based solely on their
GHG emissions; add a new paragraph—
paragraph (d)—regarding the global
warming potential for GHGs; and reletter several paragraphs in the rule due
to the addition of the new paragraph
(e.g., changing paragraph (d) in the
existing SIP-approved rule to paragraph
(e)).6 The revisions removing PSD
requirements based solely on GHG
emissions are in response to court
decisions invalidating and vacating the
Federal regulations that applied PSD
permitting requirements to major
sources based solely on their GHG
emissions.7
The changes to the North Carolina SIP
that are the subject of this final
rulemaking, as well as EPA’s analysis of
the changes and rationale for approving
them, are described in further detail in
a notice of proposed rulemaking
(NPRM) published on May 23, 2019 (84
FR 23750). Comments on the NPRM
were due on or before June 24, 2019.
EPA received no comments on the
proposed action and is now taking final
action to approve these revisions.
II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference, under Subchapter 2D, Air
Pollution Control Requirements, of the
North Carolina SIP, Section .0544—
Prevention of Significant Deterioration
Requirements for Greenhouse Gases,
state-effective September 1, 2015.8 EPA
5 The March 4, 2019, supplemental letter is
located in the docket for this rulemaking.
6 In North Carolina’s January 12, 2018, SIP
revision cover letter, the State also mentions
changes to rule 15 NCAC 02D Section .0502—
Applicability, which relates to title V permitting
requirements for GHGs. This rule is mentioned
because it was approved, together with Section
.0544, by the North Carolina Rules Review
Commission, but the redline strikeout changes were
not included as part of the January 12, 2018 SIP
package. Additionally, North Carolina explains in
its letter that they do not wish for EPA to review
these changes because they are not part of the SIP
but rather part of the State’s title V operating permit
program.
7 See Utility Air Regulatory Group (UARG) v.
EPA, 134 S. Ct. 2427 (2014); Coalition for
Responsible Regulation, Inc. v. EPA, 606 Fed. Appx.
6, 7 (D.C. Cir. 2015).
8 As discussed above and in the NPRM, EPA is
excluding the Biomass Deferral Rule from the July
20, 2011 IBR of 40 CFR 51.166, found in Section
.0544(o). The rule text is found at 40 CFR
51.166(b)(48)(ii)(a) and reads as follows: ‘‘For
purposes of this paragraph (b)(48)(ii)(a), prior to
July 21, 2014, the mass of the greenhouse gas
carbon dioxide shall not include carbon dioxide
E:\FR\FM\08AUR1.SGM
08AUR1
]]>Agencies
[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Rules and Regulations]
[Pages 38873-38876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16972]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
[COE-2017-0006]
Little Creek Harbor, Fisherman's Cove, Joint Expeditionary Base
Little Creek-Fort Story, Little Creek, Virginia, Restricted Areas
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Corps of Engineers is establishing restricted areas in the
waters of Fisherman's Cove and Little Creek Harbor at Joint
Expeditionary Base Little Creek-Fort Story, Little Creek (JEBLCFS) in
Virginia Beach, Virginia. JEBLCFS is the homeport of numerous ships,
small boats, and special operational units. The restricted areas are
necessary to better protect vessels and personnel assigned to JEBLCFS
by implementing a waterside security program. The regulation
establishes the restricted areas in waters within the boundary of the
existing installation and in the entry channel into the harbor.
DATES: Effective September 9, 2019.
ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David Olson),
441 G Street NW, Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922, or Ms. Nicole Woodward, Corps of Engineers, Norfolk District,
Regulatory Branch, at 757-201-7122.
SUPPLEMENTARY INFORMATION: The proposed rule was published in the May
23, 2018, edition of the Federal Register (83 FR 23867) and the
regulations.gov docket number was COE-2017-0006. In response to the
proposed rule, two comments were received.
One commenter stated that additional clarification was needed
regarding the coordinates for the proposed restricted areas because as
written it is unclear what the intended extent of the areas should be.
The Navy provided corrected coordinates and modified the rule text to
address the charting concerns.
Another commenter questioned the need for the additional
restrictions to enhance security within the waterway, and the commenter
expressed concerns regarding the enforceability of the proposed
restrictions, as well as what impacts they would have on local
businesses, property values, and navigational access. The proposed rule
would have provided greater restrictions within Little Creek Harbor,
including requiring all vessels transiting inbound/outbound of the
Outer Harbor to notify the Little Creek Port Control of their
destination and intentions using VHF-FM channel 12 at all times. In
response to these comments, the restrictions were modified to allow for
all privately owned vessels, properly registered and bearing
identification in accordance with Federal and/or State laws and
regulations, and all Government owned vessels (public vessels), to
enter or exit the restricted area at any time at a speed commensurate
with minimum wake, except for when the Commanding Officer, JEBLCFS, is
ordered to implement Force Protection Condition (FPCON) Charlie/Delta,
or when specific authority is granted by the District Engineer, at
which time vessel traffic movement within the Outer Harbor may be
restricted temporarily. This rule will not prevent the public from
entering the areas at all times; it will merely restrict the amount of
time during which individuals may enter and stay within those areas,
particularly during periods of increased threats. In order to improve
the safety of military assets, as well as to the public, the rule also
requires vessels entering those areas to provide additional
notification and be given permission to enter the area. The regulation
does not grant the Navy additional legal authority beyond their current
authorities; however, it allows them to use additional resources to
enforce the waterway, such as the U.S. Coast Guard and Virginia Marine
Resource Commission acting within their own authorities to police the
waterway. If conditions warrant elevating restrictions within the Outer
Harbor Restricted Area due to implementation of FPCON Charlie/Delta or
when specifically authorized by the District Engineer, then JEBLCFS
will coordinate with the U.S. Coast Guard to allow vessel entry into
the restricted area upon request. Vessels will still be able to transit
the waterway to access the businesses and private properties located
upstream of the restricted area; therefore, the impacts on businesses
and property values are anticipated to be minimal.
Due to the location of JEBLFC, which is located south of a narrow
inlet off of the Chesapeake Bay, alternatives to the location of a
restricted area within the waterway near the entrance to the water
based side of the installation are limited. This regulation establishes
a restricted area within the Outer Harbor which will be enacted on a
temporary basis during periods of heighted threat conditions. Reducing
the speeds of vessels within the waterway allows the Navy to better
assess vessels as they approach through the narrow opening to the Inner
Harbor. The Navy will be better able to determine whether the vessels
are a threat intending to approach the installation or if they will
make the 90-degree turn west toward the commercial and private
facilities within Fisherman's Cove. Full-time restrictions on the Inner
Harbor Restricted Area will allow the Navy to assess the safety of all
vessels that approach in close vicinity of Government owned vessels and
[[Page 38874]]
property in order to better protect those military assets and the
personal stationed at Little Creek. There are current measures in
place, such as existing barriers and regulations to protect the Navy
vessels within the harbor. However, the restricted areas will provide a
more permanent safety measure and allow for enhanced measures to be
enacted to protect additional property and personnel within the
installation as needed.
In response to the Norfolk District's public notice, 178
individuals submitted requests to the district for a public hearing.
The purpose of a public hearing is to gain information regarding the
proposal that is pertinent to the decision-making process that cannot
be obtained through other means. In accordance with the Corps'
regulations at 33 CFR 334.4(c), the district engineer decides whether
to hold a public hearing for a proposed restricted area or danger zone.
The Norfolk District denied the request for a public hearing because it
determined that, through the proposed rule published in the Federal
Register and the public notice for the proposed rule issued by the
Norfolk District, it received sufficient information to evaluate the
proposal, and that the comments received in response to the proposed
rule have been fully addressed. Therefore, we have determined that
public hearing is not necessary in order to make a decision because a
public hearing is unlikely to provide additional substantive
information for this rulemaking action.
In response to a request by the United States Navy, and pursuant to
its authorities in Section 7 of the Rivers and Harbors Act of 1917 (40
Stat. 266; 33 U.S.C. 1) and Chapter XIX of the Army Appropriations Act
of 1919 (40 Stat. 892; 33 U.S.C. 3), the Corps of Engineers is amending
33 CFR part 334 to establish a permanent restricted area, in the waters
of Fisherman's Cove and Little Creek Harbor adjacent to Joint
Expeditionary Base Little Creek-Fort Story, Little Creek (JEBLCFS) in
Virginia Beach, Virginia.
Procedural Requirements
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. For the reasons stated
below, this final rule is not a ``significant regulatory action'' under
Executive Order 12866. Accordingly, this final rule 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.
The Corps determined this final rule is not a significant
regulatory action because this restricted area regulation allows all
privately owned vessels that are properly registered and bearing
identification in accordance with federal and/or state laws and
regulations, as well as all government-owned vessels, to enter or exit
the Outer Harbor restricted area at any time at a speed commensurate
with minimum wake, except when the Commanding Officer, JEBLCFS, is
ordered to implement Force Protection Condition (FPCON) Charlie/Delta,
or when specific authority is granted by the District Engineer, at
which time vessel traffic movement within the Outer Harbor may be
restricted temporarily. The Inner Harbor Restricted Area is restricted
to those privately owned vessels or persons calling upon the
commercial/private piers located within the Inner Harbor and
government-owned vessels transiting to and from U.S. Navy or U.S. Coast
Guard facilities and authorized DOD patrons of the U.S. Navy
recreational marina, plus any other vessels or persons granted specific
authorization by Commanding Officer, Joint Expeditionary Base Little
Creek-Fort Story, and/or other persons or agencies as he/she may
designate. This rule is issued with respect to a military function of
the Department of Defense and the provisions of Executive Order 12866
do not apply.
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 Corps certifies under 5 U.S.C. 605(b) that this rule would not
have a significant economic impact on a substantial number of small
entities. While some owners or operators of vessels that intend to
transit the restricted area may be small entities, for the reasons
stated in paragraph (a) above, this rule would not have a significant
economic impact on any vessel owner or operator because it allows, with
exceptions provide in the rule text, all privately owned vessels that
are properly registered and bearing identification in accordance with
federal and/or state laws and regulations, as well as all government-
owned vessels, to enter or exit the restricted areas at any time at a
speed commensurate with minimum wake. In addition, the restricted areas
are necessary to protect vessels and personnel assigned to JEBLCFS by
implementing a waterside security program. Small entities can also
utilize navigable waters outside of the restricted areas. Small
entities that need to transit the restricted areas may do so as long as
the operator of the vessel obtains permission from Little Creek Port
Control or the Commanding Officer, JEBLCFS, and/or other persons or
agencies as he/she may designate. The restricted areas are necessary
for security of JEBLCFS. After considering the economic impacts of this
final restricted area regulation on small entities, I certify that this
action will not have a significant impact on a substantial number of
small entities.
c. Review Under the National Environmental Policy Act
Due to the administrative nature of this action and because there
is no intended change in the use of the area, the Corps expects that
this regulation, if adopted, will not have a significant impact to the
quality of the human environment and, therefore, preparation of an
environmental impact statement is not required. An environmental
assessment has been prepared. It may be reviewed at the District office
listed at the end of the FOR FURTHER INFORMATION CONTACT section,
above.
d. Unfunded Mandates Act
This proposed rule does not impose an enforceable duty among the
private sector and, therefore, it is not a Federal private sector
mandate and it is not subject to the requirements of either Section 202
or Section 205 of the Unfunded Mandates Act. We have also found under
Section 203 of the Act, that small governments will not be
significantly and uniquely affected by this rulemaking.
e. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. We will submit a report containing the final rule and
other required information to the U.S. Senate, the U.S. House of
[[Page 38875]]
Representatives, and the Comptroller General of the United States. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This final rule is not a ``major rule'' as
defined by 5 U.S.C. 804(2).
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety, Navigation (water), Restricted areas,
Waterways.
For the reasons set out in the preamble, the Corps amends 33 CFR
part 334 as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
0
1. The authority citation for 33 CFR Part 334 continues to read as
follows:
Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33
U.S.C. 3).
0
2. Add 334.305 to read as follows:
Sec. 334.305 Little Creek Harbor, Fisherman's Cove, Joint
Expeditionary Base Little Creek-Fort Story, Little Creek, Virginia,
Restricted Areas.
(a) The Little Creek Restricted Areas. The Little Creek Restricted
Areas consist of two distinct areas: The Outer Harbor Restricted Area
and the Inner Harbor Restricted Area. The datum for the coordinates in
this section is NAD-83.
(1) The Outer Harbor Restricted Area. The waters within an area
beginning at latitude 36[deg]55'57.7'' N, longitude 76[deg]10'35'' W;
thence southwesterly to a point at latitude 36[deg]55'53'' N, longitude
76[deg]10'44'' W, thence southerly to latitude 36[deg]55'21.2'' N,
longitude 76[deg]10'42'' W; thence southwesterly to latitude
36[deg]55'18.3'' N, longitude 76[deg]10'49'' W; thence northwesterly to
a point in Fisherman's Cove at latitude 36[deg]55'22'' N, longitude
76[deg]11'15.5'' W; thence southerly to latitude 36[deg]55'19.2'' N,
longitude 76[deg]11'16'' W, thence easterly near the southern shoreline
of Fisherman's Cove, to latitude 36[deg]55'15.8'' N, longitude
76[deg]10'58.8'' W; and ending at latitude 36[deg]55'18'' N, longitude
76[deg]10'30'' W; thence to the point of origin.
(2) The Inner Harbor Restricted Area. The waters within Little
Creek Harbor south of a line beginning at latitude 36[deg]55'15.8'' N,
longitude 76[deg]10'58.8'' W; and ending at latitude 36[deg]55'18'' N,
longitude 76[deg]10'30'' W.
(b) The regulations--(1) The Outer Harbor Restricted Area. (i) All
privately owned vessels, properly registered and bearing identification
in accordance with Federal and/or State laws and regulations, and all
Government owned vessels (public vessels) may enter or exit the waters
described in paragraph (a)(1) of this section at any time and transit
inbound/outbound of the marked dredged channel leading to Little Creek
Harbor between jetties 8 miles westward of Cape Henry Light. All
vessels transiting inbound/outbound of the channel except for those
vessels listed in paragraph (c)(2) of this section shall proceed at
speeds commensurate with minimum wake. Any vessel equipped with a
marine radio can monitor VHF-FM channel 12 for message traffic from
Little Creek Port Control.
(ii) When Commanding Officer, Joint Expeditionary Base Little
Creek-Fort Story is ordered to implement Force Protection Conditions
(FPCONs) Charlie/Delta, or when specific authority is granted by the
District Engineer, all vessel traffic movement can be restricted except
for those vessels that meet the criteria in paragraph (c)(2) of this
section. FPCONs are a system of protective measures used by the
Department of Defense (DOD) installations to guard against and deter
terrorist attack. Senior commanders assign the FPCONs for their region,
and installation commanders may raise FPCONS and tighten security
measures based on local conditions. In the event FPCONs Charlie/Delta
is implemented by the Commanding Officer, Joint Expeditionary Base
Little Creek, which requires the restriction of vessel traffic movement
in the Outer Harbor Restricted Area, the installation will coordinate
with the U.S. Coast Guard, Fifth District; Army Corps of Engineers,
Norfolk District; and state and local law enforcement and governmental
authorities. The installation will also disseminate information to the
public and local news media outlets. Information on whether vessel
traffic movement has been restricted in the Outer Harbor Restricted
Area due to the implementation of FPCONs Charlie/Delta will also be
published and disseminated by the U.S. Coast Guard.
(2) The Inner Harbor Restricted Area. All vessels or persons
intending to transit inbound/outbound of the Inner Harbor Restricted
Area shall request permission from Little Creek Harbor Port Control
using VHF-FM channel 12 prior to transiting and will provide their
destination/intentions with the exception of those vessels that meet
the criteria in paragraph (c)(2) of this section. The Inner Harbor
Restricted Area is limited to those privately owned vessels or persons
calling upon the commercial/private piers located within the Inner
Harbor and government owned vessels (public vessels) transiting to and
from U.S. Navy or U.S. Coast Guard facilities and authorized DOD
patrons of the U.S. Navy recreational marina. No other vessels or
persons may enter or exit this area unless specific authorization is
granted by Commanding Officer, Joint Expeditionary Base Little Creek-
Fort Story, and/or other persons or agencies as he/she may designate.
(3) All vessels or persons transiting inbound/outbound of the Inner
Harbor Restricted Area are subject to all applicable federal and state
laws including laws or regulations designed to protect the naval
facility and persons or vessels assigned therein. Federal and state law
enforcement officials may at any time take action to ensure compliance
with their respective laws. In addition, this regulation authorizes
Navy security personnel, designated by Commander, Joint Expeditionary
Base Little Creek-Fort Story or persons authorized to act in his/her
behalf, the authority to ascertain the identity and intent of any
vessels and/or persons transiting the restricted area that indicate by
way of appearance or action they are a possible threat to government
assets. If a determination is made that the vessel and/or persons are a
threat to government assets located within the restricted area, Navy
security units may take actions as provided by law or regulation that
are deemed necessary to protect government personnel and assets located
within the restricted area.
(c) Enforcement. (1) The regulation in this section shall be
enforced by the Commanding Officer, Joint Expeditionary Base Little
Creek-Fort Story, U.S. Coast Guard, local/state law enforcement, and/or
persons or agencies as he/she may designate during emergency
situations.
(2) Federal and state law enforcement vessels and personnel may
enter anywhere in the restricted area at any time in the operation of
their statutory missions or to enforce their respective laws.
(3) Nothing in this regulation is deemed to preempt 33 CFR 165.501.
(4) Vessels or persons calling upon the commercial/private piers
located within the Inner Harbor with proper identification and
clearance will be allowed entry subject to the same provisions
described in paragraph (b) of this section. Commanding Officer, Joint
Expeditionary Base Little Creek-Fort Story reserves the right to
temporarily deny entry in emergency situations, elevated DOD Force
Protection conditions in the Harbor, or other safety of navigation
constraints.
[[Page 38876]]
Dated: August 1, 2019.
Thomas P. Smith, P.E.,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2019-16972 Filed 8-7-19; 8:45 am]
BILLING CODE 3720-58-P
