80_FR_39534 80 FR 39403 - Regulated Navigation Area; Ice Covered Waterways in the Fifth Coast Guard District

80 FR 39403 - Regulated Navigation Area; Ice Covered Waterways in the Fifth Coast Guard District

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 131 (July 9, 2015)

Page Range39403-39406
FR Document2015-16808

The Coast Guard is proposing to establish a Regulated Navigation Area (RNA) on the navigable waters of the Fifth Coast Guard District. This RNA will allow the Coast Guard to impose and enforce restrictions on vessels operating within the RNA where a threat to navigation exists due to ice covered waterways. This action is necessary to promote navigational safety, provide for the safety of life and property, and facilitate the reasonable demands of commerce.

Federal Register, Volume 80 Issue 131 (Thursday, July 9, 2015)
[Federal Register Volume 80, Number 131 (Thursday, July 9, 2015)]
[Proposed Rules]
[Pages 39403-39406]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16808]



[[Page 39403]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0051]
RIN 1625-AA11


Regulated Navigation Area; Ice Covered Waterways in the Fifth 
Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish a Regulated 
Navigation Area (RNA) on the navigable waters of the Fifth Coast Guard 
District. This RNA will allow the Coast Guard to impose and enforce 
restrictions on vessels operating within the RNA where a threat to 
navigation exists due to ice covered waterways. This action is 
necessary to promote navigational safety, provide for the safety of 
life and property, and facilitate the reasonable demands of commerce.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 7, 2015.
    Requests for public meetings must be received by the Coast Guard on 
or before August 10, 2015.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2014-0051. To view documents mentioned in this preamble as 
being available in the docket, go to http://www.regulations.gov, type 
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on 
``Open Docket Folder'' on the line associated with this rulemaking. You 
may also visit the Docket Management Facility in Room W12-140 on the 
ground floor of the Department of Transportation West Building, 1200 
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may submit comments, identified by docket number, using any one 
of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Tiffany Johnson, Fifth Coast Guard District Waterways 
Management Branch, U.S. Coast Guard; telephone 757-398-6516, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
RNA Regulated Navigation Area

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2015-0051 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2015-0051 in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    This is the first publication for this proposed action.

C. Basis and Purpose

    The legal basis for this rulemaking is 33 U.S.C. 1231; 46 U.S.C. 
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 
6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; and DHS Delegation 
No. 0170.1. Under these authorities the Coast Guard may establish a 
Regulated Navigation Area in

[[Page 39404]]

defined water areas that are determined to have hazardous conditions 
and in which vessel traffic can be regulated in the interest of safety. 
The purpose of this RNA is to mitigate the potential threat ice poses 
to the maritime public in the Fifth Coast Guard District by 
implementing control measures on vessels of certain characteristics.
    During an average or severe winter, the presence of ice in 
waterways presents numerous hazards to vessels. Such hazards include 
vessels becoming beset or dragged off course, sinking or grounding and 
creating hazards to navigation. The presence of ice in a waterway may 
hamper a vessel's ability to maneuver. Visual aids to navigation may 
become submerged, destroyed, or moved off station, potentially 
misleading the vessel operator to unsafe waters. Ice abrasions and ice 
pressure may compromise a vessel's watertight integrity, and non-steel 
hulled vessels would be exposed to a greater risk of hull breach. 
Vessels operating in these conditions could introduce hazards to the 
maritime public and environment.
    To ensure navigation and vessel safety, the cognizant COTP will 
impose navigation restrictions through this regulation in ice covered 
waters. Ice generally begins to form in the northern area of the Fifth 
Coast Guard District between late December and early January, and later 
in the southern area. Once ice buildup begins, it may affect the 
transit of large ocean-going vessels. Air and water temperatures 
typically return to levels that are no longer favorable for ice 
formation in early to mid-March.

D. Discussion of the Proposed Rule

    To address the aforementioned hazards, this proposed rule will 
establish an RNA encompassing all navigable waters of the United 
States, as that term is used in 33 CFR 2.36, within the geographic 
boundaries of the Fifth Coast Guard District, as defined in 33 CFR 
3.25-1. The Coast Guard will implement control measures on vessels with 
certain characteristics in waterways when necessary to safeguard people 
and vessels from the hazards associated with ice. As indicated above, 
the Coast Guard expects to control marine traffic in certain waterways 
if ice conditions present hazards that threaten safe navigation.
    Whenever it is determined that control measures are necessary, the 
cognizant COTP will notify the maritime community of any limitations, 
restrictions, or prohibitions in place affecting vessels that intent to 
transit through the RNA. Notification will be through a variety of 
means, including via a variety of means, the Homeport Web site, Marine 
Safety Information Bulletins, email notifications and Broadcast Notice 
to Mariners. When determining if vessels may transit through the RNA, 
the Coast Guard will consider the prevailing ice conditions, hull 
material types, horsepower, volume of vessel traffic and any other 
relevant factors. Vessels capable of operating in the prevailing ice 
condition will be allowed to enter into or transit within the RNA as 
specified by the cognizant COTP.

E. Regulatory Analyses

    We developed this rulemaking after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes and executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. Although this proposed 
regulation could limit or prevent traffic from transiting certain 
waterways in the Fifth Coast Guard District, the effect of this 
proposed regulation will not be significant because there is little 
vessel traffic associated with recreational boating and commercial 
fishing during the effective period. The Coast Guard anticipates only 
having to implement control measures in certain waterways within the 
RNA for limited durations of time. Vessel traffic capable of operating 
in such conditions will be allowed to enter into or transit within the 
RNA as specified by the cognizant COTP. The cognizant COTP will make 
notifications of the regulated area to the maritime public via maritime 
advisories so mariners can adjust their plans accordingly.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities. 
This proposed rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
enter into or transit within the RNA during times when ice formation is 
favorable. This regulated navigation area will not have a significant 
economic impact on a substantial number of small entities for the same 
reasons described under Regulatory Planning and Review.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT, above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the ``For Further 
Information Contact'' section to

[[Page 39405]]

coordinate protest activities so that your message can be received 
without jeopardizing the safety or security of people, places or 
vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule will not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rule and 
does not create an environmental risk to health or risk to safety that 
may disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have determined 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 establishing a temporary 
RNA. This proposed rule is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 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.  165.550 to read as follows:


Sec.  165.550  Regulated Navigation Area; Ice Covered Waterways within 
the Fifth Coast Guard District.

    (a) Regulated area. The following area is a Regulated Navigation 
Area (RNA): The navigable waters of the Fifth Coast Guard District, as 
described in 33 CFR 3.25.
    (b) Definitions. As used in this section:
    (1) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the cognizant 
Captain of the Port (COTP) to assist in enforcing the RNA area 
described in paragraph (a) of this section.
    (2) Official patrol vessel means any Coast Guard, Coast Guard 
Auxiliary, state, or local law enforcement vessel(s) assigned and 
authorized by cognizant COTP.
    (3) Horsepower means the total maximum continuous shaft horsepower 
of a vessel's main propulsion machinery.
    (4) Cognizant COTP means the Coast Guard Captain of the Port with 
jurisdiction over the geographic area affected.
    (c) Regulations. (1) The general regulations governing Regulated 
Navigation Areas found in 33 CFR 165.10, 165.11, and 165.13, including 
the Regulated Navigation Area described in paragraph (a) and the 
following regulations, apply.
    (2) Except as provided in paragraph (c)(3) of this section, vessels 
of certain characteristics are not authorized to enter or transit 
within this RNA when the cognizant COTP determines prevailing ice 
conditions threaten the navigational safety of vessels. The cognizant 
COTP or designated representative will evaluate local marine 
environment conditions prior to issuing any control measures regarding 
vessel navigation. Control measures that may be implemented include, 
but are not limited to, vessel restrictions associated with horsepower 
and hull material type, and the requirement to participate in vessel 
convoys.
    (3) Any deviation from the requirements set forth by the cognizant 
COTP per paragraph (c)(2) of this section must be authorized by the 
Coast Guard District Commander, the cognizant COTP, or a designated 
representative. Vessels not meeting the requirements established by the 
cognizant COTP that are granted permission to enter or transit the RNA 
must do so in accordance with the directions provided by the cognizant 
COTP or designated representative. To request permission to transit the 
regulated navigation area, the COTP or COTP representative can be 
contacted on VHF-FM channel 16 (156.8 MHZ) or via telephone, as 
follows:
    (i) COTP Delaware Bay: 215-271-4940;
    (ii) COTP Baltimore: 410-576-2693;
    (iii) COTP Hampton Roads: 757-483-8567;
    (iv) COTP North Carolina: 910-343-3882.
    (4) The cognizant COTP will notify the public of restrictions via 
the methods described in 33 CFR 165.7, through the Coast Guard Homeport 
Web

[[Page 39406]]

site, Broadcast Notice to Mariners, Marine Safety Information 
Bulletins, and through email listservs. The Coast Guard vessels 
enforcing this RNA can be contacted on marine band radio VHF-FM channel 
16 (156.8 MHZ). The cognizant COTP and his or her designated 
representatives can be contacted at telephone number listed in 
paragraph (c)(3)(i) through (iv) of this section. Additionally, 
official patrol vessels may be on-scene to advise the public of 
enforcement of any restrictions on vessel navigation within the RNA.
    (5) The Cognizant COTP or a designated representative will notify 
the public of any changes in the status of this RNA via broadcast 
notices to mariners on marine band radio VHF-FM channel 22A (157.1 MHZ) 
or VHF-FM channel 16 (156.8 MHZ).

    Dated: June 2, 2015.
Robert J. Tarantino,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 2015-16808 Filed 7-8-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                            Federal Register / Vol. 80, No. 131 / Thursday, July 9, 2015 / Proposed Rules                                          39403

                                                  DEPARTMENT OF HOMELAND                                     See the ‘‘Public Participation and                     If you submit your comments by mail
                                                  SECURITY                                                 Request for Comments’’ portion of the                 or hand delivery, submit them in an
                                                                                                           SUPPLEMENTARY INFORMATION section                     unbound format, no larger than 81⁄2 by
                                                  Coast Guard                                              below for further instructions on                     11 inches, suitable for copying and
                                                                                                           submitting comments. To avoid                         electronic filing. If you submit
                                                  33 CFR Part 165                                          duplication, please use only one of                   comments by mail and would like to
                                                  [Docket Number USCG–2015–0051]                           these three methods.                                  know that they reached the Facility,
                                                                                                           FOR FURTHER INFORMATION CONTACT: If                   please enclose a stamped, self-addressed
                                                  RIN 1625–AA11                                            you have questions on this rule, call or              postcard or envelope. We will consider
                                                                                                           email LT Tiffany Johnson, Fifth Coast                 all comments and material received
                                                  Regulated Navigation Area; Ice                                                                                 during the comment period and may
                                                                                                           Guard District Waterways Management
                                                  Covered Waterways in the Fifth Coast                                                                           change the rule based on your
                                                                                                           Branch, U.S. Coast Guard; telephone
                                                  Guard District                                                                                                 comments.
                                                                                                           757–398–6516, email
                                                  AGENCY:   Coast Guard, DHS.                              Tiffany.A.Johnson@uscg.mil. If you have               2. Viewing Comments and Documents
                                                  ACTION:   Notice of proposed rulemaking.                 questions on viewing or submitting
                                                                                                           material to the docket, call Cheryl                      To view comments, as well as
                                                  SUMMARY:    The Coast Guard is proposing                 Collins, Program Manager, Docket                      documents mentioned in this preamble
                                                  to establish a Regulated Navigation Area                 Operations, telephone (202) 366–9826.                 as being available in the docket, go to
                                                  (RNA) on the navigable waters of the                     SUPPLEMENTARY INFORMATION:                            http://www.regulations.gov, type the
                                                  Fifth Coast Guard District. This RNA                                                                           docket number USCG–2015–0051 in the
                                                  will allow the Coast Guard to impose                     Table of Acronyms                                     ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
                                                  and enforce restrictions on vessels                      COTP Captain of the Port                              Click on Open Docket Folder on the line
                                                  operating within the RNA where a                         DHS Department of Homeland Security                   associated with this rulemaking. You
                                                  threat to navigation exists due to ice                   FR Federal Register                                   may also visit the Docket Management
                                                  covered waterways. This action is                        RNA Regulated Navigation Area                         Facility in Room W12–140 on the
                                                  necessary to promote navigational                        A. Public Participation and Request for               ground floor of the Department of
                                                  safety, provide for the safety of life and               Comments                                              Transportation West Building, 1200
                                                  property, and facilitate the reasonable                                                                        New Jersey Avenue SE., Washington,
                                                                                                             We encourage you to participate in                  DC 20590, between 9 a.m. and 5 p.m.,
                                                  demands of commerce.
                                                                                                           this rulemaking by submitting                         Monday through Friday, except Federal
                                                  DATES: Comments and related material                     comments and related materials. All
                                                  must be received by the Coast Guard on                                                                         holidays.
                                                                                                           comments received will be posted
                                                  or before October 7, 2015.                               without change to http://                             3. Privacy Act
                                                     Requests for public meetings must be                  www.regulations.gov and will include                     Anyone can search the electronic
                                                  received by the Coast Guard on or before                 any personal information you have                     form of comments received into any of
                                                  August 10, 2015.                                         provided.                                             our dockets by the name of the
                                                  ADDRESSES: Documents mentioned in                                                                              individual submitting the comment (or
                                                  this preamble are part of Docket Number                  1. Submitting Comments
                                                                                                                                                                 signing the comment, if submitted on
                                                  USCG–2014–0051. To view documents                           If you submit a comment, please                    behalf of an association, business, labor
                                                  mentioned in this preamble as being                      include the docket number for this                    union, etc.). You may review a Privacy
                                                  available in the docket, go to http://                   rulemaking, indicate the specific section             Act notice regarding our public dockets
                                                  www.regulations.gov, type the docket                     of this document to which each                        in the January 17, 2008, issue of the
                                                  number in the ‘‘SEARCH’’ box and click                   comment applies, and provide a reason                 Federal Register (73 FR 3316).
                                                  ‘‘SEARCH.’’ Click on ‘‘Open Docket                       for each suggestion or recommendation.
                                                  Folder’’ on the line associated with this                You may submit your comments and                      4. Public Meeting
                                                  rulemaking. You may also visit the                       material online at http://                               We do not now plan to hold a public
                                                  Docket Management Facility in Room                       www.regulations.gov, or by fax, mail, or              meeting. But you may submit a request
                                                  W12–140 on the ground floor of the                       hand delivery, but please use only one                for one, using one of the methods
                                                  Department of Transportation West                        of these means. If you submit a                       specified under ADDRESSES. Please
                                                  Building, 1200 New Jersey Avenue SE.,                    comment online, it will be considered                 explain why you believe a public
                                                  Washington, DC 20590, between 9 a.m.                     received by the Coast Guard when you                  meeting would be beneficial. If we
                                                  and 5 p.m., Monday through Friday,                       successfully transmit the comment. If                 determine that one would aid this
                                                  except Federal holidays.                                 you fax, hand deliver, or mail your                   rulemaking, we will hold one at a time
                                                     You may submit comments, identified                   comment, it will be considered as                     and place announced by a later notice
                                                  by docket number, using any one of the                   having been received by the Coast                     in the Federal Register.
                                                  following methods:                                       Guard when it is received at the Docket
                                                     (1) Federal eRulemaking Portal:                       Management Facility. We recommend                     B. Regulatory History and Information
                                                  http://www.regulations.gov.                              that you include your name and a                        This is the first publication for this
                                                     (2) Fax: (202) 493–2251.                              mailing address, an email address, or a               proposed action.
                                                     (3) Mail or Delivery: Docket                          telephone number in the body of your
                                                  Management Facility (M–30), U.S.                         document so that we can contact you if                C. Basis and Purpose
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                  Department of Transportation, West                       we have questions regarding your                        The legal basis for this rulemaking is
                                                  Building Ground Floor, Room W12–140,                     submission.                                           33 U.S.C. 1231; 46 U.S.C. Chapter 701,
                                                  1200 New Jersey Avenue SE.,                                 To submit your comment online, go to               3306, 3703; 50 U.S.C. 191, 195; 33 CFR
                                                  Washington, DC 20590–0001. Deliveries                    http://www.regulations.gov, type the                  1.05–1, 6.04–1, 6.04–6, 160.5; Public
                                                  accepted between 9 a.m. and 5 p.m.,                      docket number USCG–2015–0051 in the                   Law 107–295, 116 Stat. 2064; and DHS
                                                  Monday through Friday, except federal                    ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                  Delegation No. 0170.1. Under these
                                                  holidays. The telephone number is 202–                   Click on ‘‘Submit a Comment’’ on the                  authorities the Coast Guard may
                                                  366–9329.                                                line associated with this rulemaking.                 establish a Regulated Navigation Area in


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                                                  39404                     Federal Register / Vol. 80, No. 131 / Thursday, July 9, 2015 / Proposed Rules

                                                  defined water areas that are determined                  via a variety of means, the Homeport                  some of which may be small entities:
                                                  to have hazardous conditions and in                      Web site, Marine Safety Information                   The owners or operators of vessels
                                                  which vessel traffic can be regulated in                 Bulletins, email notifications and                    intending to enter into or transit within
                                                  the interest of safety. The purpose of                   Broadcast Notice to Mariners. When                    the RNA during times when ice
                                                  this RNA is to mitigate the potential                    determining if vessels may transit                    formation is favorable. This regulated
                                                  threat ice poses to the maritime public                  through the RNA, the Coast Guard will                 navigation area will not have a
                                                  in the Fifth Coast Guard District by                     consider the prevailing ice conditions,               significant economic impact on a
                                                  implementing control measures on                         hull material types, horsepower, volume               substantial number of small entities for
                                                  vessels of certain characteristics.                      of vessel traffic and any other relevant              the same reasons described under
                                                    During an average or severe winter,                    factors. Vessels capable of operating in              Regulatory Planning and Review.
                                                  the presence of ice in waterways                         the prevailing ice condition will be
                                                  presents numerous hazards to vessels.                    allowed to enter into or transit within               3. Assistance for Small Entities
                                                  Such hazards include vessels becoming                    the RNA as specified by the cognizant                    Under section 213(a) of the Small
                                                  beset or dragged off course, sinking or                  COTP.                                                 Business Regulatory Enforcement
                                                  grounding and creating hazards to                                                                              Fairness Act of 1996 (Pub. L. 104–121),
                                                  navigation. The presence of ice in a                     E. Regulatory Analyses
                                                                                                                                                                 we want to assist small entities in
                                                  waterway may hamper a vessel’s ability                     We developed this rulemaking after                  understanding this proposed rule. If the
                                                  to maneuver. Visual aids to navigation                   considering numerous statutes and                     proposed rule would affect your small
                                                  may become submerged, destroyed, or                      executive orders related to rulemaking.               business, organization, or governmental
                                                  moved off station, potentially                           Below we summarize our analyses                       jurisdiction and you have questions
                                                  misleading the vessel operator to unsafe                 based on these statutes and executive                 concerning its provisions or options for
                                                  waters. Ice abrasions and ice pressure                   orders.                                               compliance, please contact the person
                                                  may compromise a vessel’s watertight                     1. Regulatory Planning and Review                     listed in the FOR FURTHER INFORMATION
                                                  integrity, and non-steel hulled vessels                                                                        CONTACT, above.
                                                  would be exposed to a greater risk of                       This proposed rule is not a significant               Small businesses may send comments
                                                  hull breach. Vessels operating in these                  regulatory action under section 3(f) of               on the actions of Federal employees
                                                  conditions could introduce hazards to                    Executive Order 12866, Regulatory                     who enforce, or otherwise determine
                                                  the maritime public and environment.                     Planning and Review, as supplemented                  compliance with, Federal regulations to
                                                    To ensure navigation and vessel                        by Executive Order 13563, Improving                   the Small Business and Agriculture
                                                  safety, the cognizant COTP will impose                   Regulation and Regulatory Review, and                 Regulatory Enforcement Ombudsman
                                                  navigation restrictions through this                     does not require an assessment of                     and the Regional Small Business
                                                  regulation in ice covered waters. Ice                    potential costs and benefits under                    Regulatory Fairness Boards. The
                                                  generally begins to form in the northern                 section 6(a)(3) of Executive Order 12866              Ombudsman evaluates these actions
                                                  area of the Fifth Coast Guard District                   or under section 1 of Executive Order                 annually and rates each agency’s
                                                  between late December and early                          13563. The Office of Management and                   responsiveness to small business. If you
                                                  January, and later in the southern area.                 Budget has not reviewed it under those                wish to comment on actions by
                                                  Once ice buildup begins, it may affect                   Orders. Although this proposed                        employees of the Coast Guard, call 1–
                                                  the transit of large ocean-going vessels.                regulation could limit or prevent traffic             888–REG–FAIR (1–888–734–3247). The
                                                  Air and water temperatures typically                     from transiting certain waterways in the              Coast Guard will not retaliate against
                                                  return to levels that are no longer                      Fifth Coast Guard District, the effect of             small entities that question or complain
                                                  favorable for ice formation in early to                  this proposed regulation will not be                  about this rule or any policy or action
                                                  mid-March.                                               significant because there is little vessel            of the Coast Guard.
                                                                                                           traffic associated with recreational
                                                  D. Discussion of the Proposed Rule                       boating and commercial fishing during                 4. Collection of Information
                                                     To address the aforementioned                         the effective period. The Coast Guard                    This proposed rule will not call for a
                                                  hazards, this proposed rule will                         anticipates only having to implement                  new collection of information under the
                                                  establish an RNA encompassing all                        control measures in certain waterways                 Paperwork Reduction Act of 1995 (44
                                                  navigable waters of the United States, as                within the RNA for limited durations of               U.S.C. 3501–3520).
                                                  that term is used in 33 CFR 2.36, within                 time. Vessel traffic capable of operating
                                                  the geographic boundaries of the Fifth                   in such conditions will be allowed to                 5. Federalism
                                                  Coast Guard District, as defined in 33                   enter into or transit within the RNA as                  A rule has implications for federalism
                                                  CFR 3.25–1. The Coast Guard will                         specified by the cognizant COTP. The                  under Executive Order 13132,
                                                  implement control measures on vessels                    cognizant COTP will make notifications                Federalism, if it has a substantial direct
                                                  with certain characteristics in                          of the regulated area to the maritime                 effect on the States, on the relationship
                                                  waterways when necessary to safeguard                    public via maritime advisories so                     between the national government and
                                                  people and vessels from the hazards                      mariners can adjust their plans                       the States, or on the distribution of
                                                  associated with ice. As indicated above,                 accordingly.                                          power and responsibilities among the
                                                  the Coast Guard expects to control                                                                             various levels of government. We have
                                                  marine traffic in certain waterways if ice               2. Impact on Small Entities
                                                                                                                                                                 analyzed this proposed rule under that
                                                  conditions present hazards that threaten                    The Regulatory Flexibility Act of 1980             Order and determined that this rule
                                                  safe navigation.                                         (RFA), 5 U.S.C. 601–612, as amended,                  does not have implications for
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                                                     Whenever it is determined that                        requires federal agencies to consider the             federalism.
                                                  control measures are necessary, the                      potential impact of regulations on small
                                                  cognizant COTP will notify the                           entities during rulemaking. The Coast                 6. Protest Activities
                                                  maritime community of any limitations,                   Guard certifies under 5 U.S.C. 605(b)                    The Coast Guard respects the First
                                                  restrictions, or prohibitions in place                   that this rule will not have a significant            Amendment rights of protesters.
                                                  affecting vessels that intent to transit                 economic impact on a substantial                      Protesters are asked to contact the
                                                  through the RNA. Notification will be                    number of small entities. This proposed               person listed in the ‘‘For Further
                                                  through a variety of means, including                    rule will affect the following entities,              Information Contact’’ section to


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                                                                            Federal Register / Vol. 80, No. 131 / Thursday, July 9, 2015 / Proposed Rules                                           39405

                                                  coordinate protest activities so that your               13. Technical Standards                                the Port (COTP) to assist in enforcing
                                                  message can be received without                            This proposed rule does not use                      the RNA area described in paragraph (a)
                                                  jeopardizing the safety or security of                   technical standards. Therefore, we did                 of this section.
                                                  people, places or vessels.                               not consider the use of voluntary                        (2) Official patrol vessel means any
                                                                                                           consensus standards.                                   Coast Guard, Coast Guard Auxiliary,
                                                  7. Unfunded Mandates Reform Act                                                                                 state, or local law enforcement vessel(s)
                                                    The Unfunded Mandates Reform Act                       14. Environment                                        assigned and authorized by cognizant
                                                  of 1995 (2 U.S.C. 1531–1538) requires                      We have analyzed this proposed rule                  COTP.
                                                  Federal agencies to assess the effects of                under Department of Homeland                             (3) Horsepower means the total
                                                  their discretionary regulatory actions. In               Security Management Directive 023–01                   maximum continuous shaft horsepower
                                                  particular, the Act addresses actions                    and Commandant Instruction                             of a vessel’s main propulsion
                                                  that may result in the expenditure by a                  M16475.lD, which guide the Coast                       machinery.
                                                  State, local, or tribal government, in the               Guard in complying with the National                      (4) Cognizant COTP means the Coast
                                                  aggregate, or by the private sector of                   Environmental Policy Act of 1969                       Guard Captain of the Port with
                                                  $100,000,000 (adjusted for inflation) or                 (NEPA) (42 U.S.C. 4321–4370f), and                     jurisdiction over the geographic area
                                                  more in any one year. Though this                        have determined that this action is one                affected.
                                                  proposed rule will not result in such an                 of a category of actions that do not                      (c) Regulations. (1) The general
                                                  expenditure, we do discuss the effects of                individually or cumulatively have a                    regulations governing Regulated
                                                  this proposed rule elsewhere in this                     significant effect on the human                        Navigation Areas found in 33 CFR
                                                  preamble.                                                environment. This proposed rule                        165.10, 165.11, and 165.13, including
                                                                                                           involves establishing a temporary RNA.                 the Regulated Navigation Area
                                                  8. Taking of Private Property                                                                                   described in paragraph (a) and the
                                                                                                           This proposed rule is categorically
                                                    This proposed rule will not cause a                    excluded from further review under                     following regulations, apply.
                                                  taking of private property or otherwise                                                                            (2) Except as provided in paragraph
                                                                                                           paragraph 34(g) of Figure 2–1 of the
                                                  have taking implications under                                                                                  (c)(3) of this section, vessels of certain
                                                                                                           Commandant Instruction. An
                                                  Executive Order 12630, Governmental                                                                             characteristics are not authorized to
                                                                                                           environmental analysis checklist
                                                  Actions and Interference with                                                                                   enter or transit within this RNA when
                                                                                                           supporting this determination and a
                                                  Constitutionally Protected Property                                                                             the cognizant COTP determines
                                                                                                           Categorical Exclusion Determination are
                                                  Rights.                                                                                                         prevailing ice conditions threaten the
                                                                                                           available in the docket where indicated
                                                                                                                                                                  navigational safety of vessels. The
                                                  9. Civil Justice Reform                                  under ADDRESSES. We seek any
                                                                                                                                                                  cognizant COTP or designated
                                                                                                           comments or information that may lead
                                                     This proposed rule meets applicable                                                                          representative will evaluate local
                                                                                                           to the discovery of a significant
                                                  standards in sections 3(a) and 3(b)(2) of                                                                       marine environment conditions prior to
                                                                                                           environmental impact from this
                                                  Executive Order 12988, Civil Justice                                                                            issuing any control measures regarding
                                                                                                           proposed rule.
                                                  Reform, to minimize litigation,                                                                                 vessel navigation. Control measures that
                                                  eliminate ambiguity, and reduce                          List of Subjects in 33 CFR Part 165                    may be implemented include, but are
                                                  burden.                                                    Harbors, Marine safety, Navigation                   not limited to, vessel restrictions
                                                                                                           (water), Reporting and recordkeeping                   associated with horsepower and hull
                                                  10. Protection of Children From
                                                                                                           requirements, Security measures,                       material type, and the requirement to
                                                  Environmental Health Risks
                                                                                                           Waterways.                                             participate in vessel convoys.
                                                    We have analyzed this proposed rule                                                                              (3) Any deviation from the
                                                  under Executive Order 13045,                               For the reasons discussed in the
                                                                                                                                                                  requirements set forth by the cognizant
                                                  Protection of Children from                              preamble, the Coast Guard proposes to
                                                                                                                                                                  COTP per paragraph (c)(2) of this
                                                  Environmental Health Risks and Safety                    amend 33 CFR part 165 as follows:
                                                                                                                                                                  section must be authorized by the Coast
                                                  Risks. This proposed rule is not an                      PART 165—REGULATED NAVIGATION                          Guard District Commander, the
                                                  economically significant rule and does                   AREAS AND LIMITED ACCESS AREAS                         cognizant COTP, or a designated
                                                  not create an environmental risk to                                                                             representative. Vessels not meeting the
                                                  health or risk to safety that may                        ■ 1. The authority citation for part 165               requirements established by the
                                                  disproportionately affect children.                      continues to read as follows:                          cognizant COTP that are granted
                                                  11. Indian Tribal Governments                              Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            permission to enter or transit the RNA
                                                                                                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              must do so in accordance with the
                                                     This proposed rule does not have                      Department of Homeland Security Delegation             directions provided by the cognizant
                                                  tribal implications under Executive                      No. 0170.1.                                            COTP or designated representative. To
                                                  Order 13175, Consultation and                                                                                   request permission to transit the
                                                                                                           ■    2. Add § 165.550 to read as follows:
                                                  Coordination with Indian Tribal                                                                                 regulated navigation area, the COTP or
                                                  Governments, because it does not have                    § 165.550 Regulated Navigation Area; Ice               COTP representative can be contacted
                                                  a substantial direct effect on one or                    Covered Waterways within the Fifth Coast               on VHF–FM channel 16 (156.8 MHZ) or
                                                  more Indian tribes, on the relationship                  Guard District.                                        via telephone, as follows:
                                                  between the Federal Government and                          (a) Regulated area. The following area                 (i) COTP Delaware Bay: 215–271–
                                                  Indian tribes, or on the distribution of                 is a Regulated Navigation Area (RNA):                  4940;
                                                  power and responsibilities between the                   The navigable waters of the Fifth Coast                   (ii) COTP Baltimore: 410–576–2693;
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                                                  Federal Government and Indian tribes.                    Guard District, as described in 33 CFR                    (iii) COTP Hampton Roads: 757–483–
                                                                                                           3.25.                                                  8567;
                                                  12. Energy Effects                                                                                                 (iv) COTP North Carolina: 910–343–
                                                                                                              (b) Definitions. As used in this
                                                    This action is not a ‘‘significant                     section:                                               3882.
                                                  energy action’’ under Executive Order                       (1) Designated representative means                    (4) The cognizant COTP will notify
                                                  13211, Actions Concerning Regulations                    any Coast Guard commissioned,                          the public of restrictions via the
                                                  That Significantly Affect Energy Supply,                 warrant, or petty officer who has been                 methods described in 33 CFR 165.7,
                                                  Distribution, or Use.                                    authorized by the cognizant Captain of                 through the Coast Guard Homeport Web


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                                                  39406                     Federal Register / Vol. 80, No. 131 / Thursday, July 9, 2015 / Proposed Rules

                                                  site, Broadcast Notice to Mariners,                      paragraph (c)(3)(i) through (iv) of this              mariners on marine band radio VHF–
                                                  Marine Safety Information Bulletins,                     section. Additionally, official patrol                FM channel 22A (157.1 MHZ) or VHF–
                                                  and through email listservs. The Coast                   vessels may be on-scene to advise the                 FM channel 16 (156.8 MHZ).
                                                  Guard vessels enforcing this RNA can be                  public of enforcement of any restrictions               Dated: June 2, 2015.
                                                  contacted on marine band radio VHF–                      on vessel navigation within the RNA.                  Robert J. Tarantino,
                                                  FM channel 16 (156.8 MHZ). The                             (5) The Cognizant COTP or a                         Captain, U.S. Coast Guard, Acting
                                                  cognizant COTP and his or her                            designated representative will notify the             Commander, Fifth Coast Guard District.
                                                  designated representatives can be                        public of any changes in the status of                [FR Doc. 2015–16808 Filed 7–8–15; 8:45 am]
                                                  contacted at telephone number listed in                  this RNA via broadcast notices to                     BILLING CODE 9110–04–P
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Document Created: 2018-02-23 09:14:20
Document Modified: 2018-02-23 09:14:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before October 7, 2015.
ContactIf you have questions on this rule, call or email LT Tiffany Johnson, Fifth Coast Guard District Waterways Management Branch, U.S. Coast Guard; telephone 757-398-6516, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 39403 
RIN Number1625-AA11
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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