80_FR_62182 80 FR 61983 - Safety Zone, Atlantic Intracoastal Waterway; Oak Island, NC

80 FR 61983 - Safety Zone, Atlantic Intracoastal Waterway; Oak Island, NC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 199 (October 15, 2015)

Page Range61983-61985
FR Document2015-26193

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Atlantic Intracoastal Waterway near Oak Island, North Carolina. This action is necessary to provide the safety of mariners on navigable waters due to the transfer of power cables across the Atlantic Intracoastal Waterway. Entry into or movement within the safety zone during the enforcement period is prohibited without approval of the Captain of the Port.

Federal Register, Volume 80 Issue 199 (Thursday, October 15, 2015)
[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Rules and Regulations]
[Pages 61983-61985]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26193]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0809]
RIN 1625-AA00


Safety Zone, Atlantic Intracoastal Waterway; Oak Island, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Atlantic Intracoastal Waterway near Oak Island, 
North Carolina. This action is necessary to provide the safety of 
mariners on navigable waters due to the transfer of power cables across 
the Atlantic Intracoastal Waterway. Entry into or movement within the 
safety zone during the enforcement period is prohibited without 
approval of the Captain of the Port.

DATES: This rule is effective without actual notice from October 15, 
2015 until October 20, 2015. For the purposes of enforcement, actual 
notice will be used from October 12, 2015 until October 15, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0809]. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Derek J. Burrill, Waterways Management Division Chief, 
Sector North Carolina, Coast Guard; telephone (910) 772-2230, 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

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because final project details were not 
submitted to the Coast Guard until September 4, 2015. As such, it's 
impractical to provide a full comment period due to lack of time. 
Delaying the effective date for comment would be contrary to the public 
interest, since immediate action is needed to ensure protection of 
persons and vessels transiting the area.
    For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register. Due to the need for 
immediate action, the restriction of vessel traffic is necessary to 
protect life, property and the environment. Therefore, a 30-day notice 
is impracticable. The Coast Guard will provide advance notifications to 
users via marine information broadcasts and local notice to mariners.

B. Basis and Purpose

    The legal basis for this rule 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 safety 
zone in defined water areas that are determined to have hazardous 
conditions and in which vessel traffic can be regulated in the interest 
of safety.
    On October 12, 13, 19, and 20, 2015 Coastal Power will be 
installing power cables that will run across the Atlantic Intracoastal 
Waterway at latitude 33[deg]55'11'' N, longitude 078[deg]03'24'' W in 
Oak Island, North Carolina. To facilitate the safety of mariners and 
the public, the U.S Coast Guard will require temporary closures of the 
channel on October 12, 13, 19, 20, 2015.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Atlantic Intracoastal Waterway within a 100 
yard radius of latitude 33[deg]55'11'' N, longitude 078[deg]03'24'' W 
in Oak Island, North Carolina. This safety zone will be established in 
the interest of public safety due to the transfer of power cables 
across the Atlantic Intracoastal Waterway. The regulated area for this 
safety zone includes all the water of the Atlantic Intracoastal 
Waterway within a 100 yard radius of latitude 33[deg]55'11'' N, 
longitude 078[deg]03'24'' W, a position located north of the Oak Island 
Fixed Bridge in Oak Island, North Carolina. This rule will be enforced 
on October 12, 13, 19, 20, 2015 during the times of 09:00 a.m. to 12:00 
p.m. and 01:00 p.m. to 04:00 p.m. Vessels authorized by the Captain of 
the Port or his/her Representative to enter or remain in the safety 
zone during the above listed time frame must have a height clearance of 
30 feet and greater and are required to notify on scene Coastal Power 
and Electric work boats at a minimum of 40 minutes prior to transiting 
the area on VHF marine radio channels 13 or 16 or via phone at 910-512-
1645.
    Except for vessels authorized by the Captain of the Port or his/her 
Representative, no person or vessel may enter or remain in the safety 
zone during the time frame listed. The Captain of the Port will give 
notice of the enforcement of the safety zone by all appropriate means 
to provide the widest dissemination of notice among the affected 
segments of the public. This will include publication in the Local 
Notice to Mariners and Marine Information Broadcasts.

D. Regulatory Analyses

    We developed this rule 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 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

[[Page 61984]]

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. The primary impact of these regulations 
will be on limiting all vessels wishing to transit the affected 
waterways during enforcement of the safety zone on the Atlantic 
Intracoastal Waterway within a 100 yard radius of latitude 
33[deg]55'11'' N., longitude 078[deg]03'24'' W. in Oak Island, North 
Carolina on October 12, 13, 19, and 20, 2015. Although these 
regulations prevent traffic from transiting a portion of the Atlantic 
Intracoastal Waterway during this incident, that restriction is limited 
in duration, affects only a limited area, and will be well publicized 
to allow mariners to make alternative plans for transiting the affected 
area.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule will affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in waters of the Atlantic Intracoastal Waterway 
within a 100 yard radius of latitude 33[deg]55'11'' N., longitude 
078[deg]03'24'' W. position during the outlined timeframe.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (i) The 
safety zone will only be in place for a limited duration, and (ii) 
before the enforcement period, maritime advisories will be issued 
allowing mariners to adjust their plans accordingly.

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 rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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 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 rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This 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 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this 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 rule involves the establishment of a safety zone to 
protect life, property and the environment. This rule is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. We seek any comments or information that may 
lead to the

[[Page 61985]]

discovery of a significant environmental impact from this 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 amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T05-809 to read as follows:


Sec.  165.T05-809  Safety Zone, Atlantic Intracoastal Waterway; Oak 
Island, North Carolina.

    (a) Definitions. For the purposes of this section, Captain of the 
Port means the Commander, Sector North Carolina. Representative means 
any Coast Guard commissioned, warrant or petty officer who has been 
authorized to act on the behalf of the Captain of the Port.
    (b) Location. The following area is a safety zone: Specified waters 
of the Captain of the Port Sector North Carolina zone, as defined in 33 
CFR 3.25-10, all waters of the Atlantic Intracoastal Waterway within a 
100 yard radius of latitude 33[deg]55'11'' N., longitude 
078[deg]03'24'' W. in Oak Island, North Carolina.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the Captain of the Port, North Carolina or his designated 
representatives.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) If on scene proceed as directed by any commissioned, warrant or 
petty officer on shore or on board a vessel that is displaying a U.S. 
Coast Guard Ensign.
    (ii) [Reserved]
    (3) The Captain of the Port, North Carolina can be reached through 
the Sector North Carolina Command Duty Officer at Sector North Carolina 
in Wilmington, North Carolina at telephone number (910) 343-3882.
    (4) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and 
channel 16 (156.8 Mhz).
    (d) Enforcement period. This section will be enforced on October 
12, 13, 19, and 20, 2015, between 9:00 a.m. to 12:00 p.m. and 1:00 p.m. 
to 4:00 p.m.

    Dated: September 23, 2015.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2015-26193 Filed 10-14-15; 8:45 am]
BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Rules and Regulations                                       61983

                                               Issued in Washington, DC, on this 7th day             viewing or submitting material to the                 Oak Island, North Carolina. To facilitate
                                             of October 2015.                                        docket, call Cheryl Collins, Program                  the safety of mariners and the public,
                                             Judith Starr,                                           Manager, Docket Operations, telephone                 the U.S Coast Guard will require
                                             General Counsel, Pension Benefit Guaranty               (202) 366–9826.                                       temporary closures of the channel on
                                             Corporation.                                            SUPPLEMENTARY INFORMATION:                            October 12, 13, 19, 20, 2015.
                                             [FR Doc. 2015–26241 Filed 10–14–15; 8:45 am]
                                                                                                     Table of Acronyms                                     C. Discussion of the Final Rule
                                             BILLING CODE 7709–02–P
                                                                                                     DHS Department of Homeland Security                      The Coast Guard is establishing a
                                                                                                     FR Federal Register                                   temporary safety zone on the navigable
                                                                                                     NPRM Notice of Proposed Rulemaking                    waters of the Atlantic Intracoastal
                                             DEPARTMENT OF HOMELAND                                                                                        Waterway within a 100 yard radius of
                                             SECURITY                                                A. Regulatory History and Information
                                                                                                                                                           latitude 33°55′11″ N, longitude
                                                                                                        The Coast Guard is issuing this                    078°03′24″ W in Oak Island, North
                                             Coast Guard                                             temporary final rule without prior                    Carolina. This safety zone will be
                                                                                                     notice and opportunity to comment                     established in the interest of public
                                             33 CFR Part 165                                         pursuant to authority under section 4(a)              safety due to the transfer of power
                                             [Docket Number USCG–2015–0809]                          of the Administrative Procedure Act                   cables across the Atlantic Intracoastal
                                                                                                     (APA) (5 U.S.C. 553(b)). This provision               Waterway. The regulated area for this
                                             RIN 1625–AA00                                           authorizes an agency to issue a rule                  safety zone includes all the water of the
                                                                                                     without prior notice and opportunity to               Atlantic Intracoastal Waterway within a
                                             Safety Zone, Atlantic Intracoastal
                                                                                                     comment when the agency for good                      100 yard radius of latitude 33°55′11″ N,
                                             Waterway; Oak Island, NC
                                                                                                     cause finds that those procedures are                 longitude 078°03′24″ W, a position
                                             AGENCY:    Coast Guard, DHS.                            ‘‘impracticable, unnecessary, or contrary             located north of the Oak Island Fixed
                                             ACTION:   Temporary final rule.                         to the public interest.’’ Under 5 U.S.C.              Bridge in Oak Island, North Carolina.
                                                                                                     553(b)(B), the Coast Guard finds that                 This rule will be enforced on October
                                             SUMMARY:   The Coast Guard is                           good cause exists for not publishing a                12, 13, 19, 20, 2015 during the times of
                                             establishing a temporary safety zone on                 notice of proposed rulemaking (NPRM)                  09:00 a.m. to 12:00 p.m. and 01:00 p.m.
                                             the navigable waters of the Atlantic                    with respect to this rule because final               to 04:00 p.m. Vessels authorized by the
                                             Intracoastal Waterway near Oak Island,                  project details were not submitted to the             Captain of the Port or his/her
                                             North Carolina. This action is necessary                Coast Guard until September 4, 2015. As               Representative to enter or remain in the
                                             to provide the safety of mariners on                    such, it’s impractical to provide a full              safety zone during the above listed time
                                             navigable waters due to the transfer of                 comment period due to lack of time.                   frame must have a height clearance of
                                             power cables across the Atlantic                        Delaying the effective date for comment               30 feet and greater and are required to
                                             Intracoastal Waterway. Entry into or                    would be contrary to the public interest,             notify on scene Coastal Power and
                                             movement within the safety zone during                  since immediate action is needed to                   Electric work boats at a minimum of 40
                                             the enforcement period is prohibited                    ensure protection of persons and vessels              minutes prior to transiting the area on
                                             without approval of the Captain of the                  transiting the area.                                  VHF marine radio channels 13 or 16 or
                                             Port.                                                      For similar reasons, under 5 U.S.C.                via phone at 910–512–1645.
                                             DATES: This rule is effective without                   553(d)(3), the Coast Guard finds that                    Except for vessels authorized by the
                                             actual notice from October 15, 2015                     good cause exists for making this rule                Captain of the Port or his/her
                                             until October 20, 2015. For the purposes                effective less than 30 days after                     Representative, no person or vessel may
                                             of enforcement, actual notice will be                   publication in the Federal Register. Due              enter or remain in the safety zone
                                             used from October 12, 2015 until                        to the need for immediate action, the                 during the time frame listed. The
                                             October 15, 2015.                                       restriction of vessel traffic is necessary            Captain of the Port will give notice of
                                                                                                     to protect life, property and the                     the enforcement of the safety zone by all
                                             ADDRESSES: Documents mentioned in
                                                                                                     environment. Therefore, a 30-day notice               appropriate means to provide the widest
                                             this preamble are part of docket [USCG–
                                                                                                     is impracticable. The Coast Guard will                dissemination of notice among the
                                             2015–0809]. To view documents
                                                                                                     provide advance notifications to users                affected segments of the public. This
                                             mentioned in this preamble as being
                                                                                                     via marine information broadcasts and                 will include publication in the Local
                                             available in the docket, go to http://
                                                                                                     local notice to mariners.                             Notice to Mariners and Marine
                                             www.regulations.gov, type the docket
                                             number in the ‘‘SEARCH’’ box and click                  B. Basis and Purpose                                  Information Broadcasts.
                                             ‘‘SEARCH.’’ Click on Open Docket                          The legal basis for this rule is 33                 D. Regulatory Analyses
                                             Folder on the line associated with this                 U.S.C. 1231; 46 U.S.C. Chapter 701,                     We developed this rule after
                                             rulemaking. You may also visit the                      3306, 3703; 50 U.S.C. 191, 195; 33 CFR                considering numerous statutes and
                                             Docket Management Facility in Room                      1.05–1, 6.04–1, 6.04–6, 160.5; Public                 executive orders related to rulemaking.
                                             W12–140 on the ground floor of the                      Law 107–295, 116 Stat. 2064; and DHS                  Below we summarize our analyses
                                             Department of Transportation West                       Delegation No. 0170.1. Under these                    based on these statutes and executive
                                             Building, 1200 New Jersey Avenue SE.,                   authorities the Coast Guard may                       orders.
                                             Washington, DC 20590, between 9 a.m.                    establish a safety zone in defined water
                                             and 5 p.m., Monday through Friday,                      areas that are determined to have                     1. Regulatory Planning and Review
                                             except Federal holidays.                                hazardous conditions and in which                        This rule is not a significant
                                             FOR FURTHER INFORMATION CONTACT: If                                                                           regulatory action under section 3(f) of
rmajette on DSK7SPTVN1PROD with RULES




                                                                                                     vessel traffic can be regulated in the
                                             you have questions on this rule, call or                interest of safety.                                   Executive Order 12866, Regulatory
                                             email LT Derek J. Burrill, Waterways                      On October 12, 13, 19, and 20, 2015                 Planning and Review, as supplemented
                                             Management Division Chief, Sector                       Coastal Power will be installing power                by Executive Order 13563, Improving
                                             North Carolina, Coast Guard; telephone                  cables that will run across the Atlantic              Regulation and Regulatory Review, and
                                             (910) 772–2230, email Derek.J.Burrill@                  Intracoastal Waterway at latitude                     does not require an assessment of
                                             uscg.mil. If you have questions on                      33°55′11″ N, longitude 078°03′24″ W in                potential costs and benefits under


                                        VerDate Sep<11>2014   17:20 Oct 14, 2015   Jkt 238001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\15OCR1.SGM   15OCR1


                                             61984            Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Rules and Regulations

                                             section 6(a)(3) of Executive Order 12866                listed in the FOR FURTHER INFORMATION                 taking implications under Executive
                                             or under section 1 of Executive Order                   CONTACT,   above.                                     Order 12630, Governmental Actions and
                                             13563. The Office of Management and                        Small businesses may send comments                 Interference with Constitutionally
                                             Budget has not reviewed it under those                  on the actions of Federal employees                   Protected Property Rights.
                                             Orders. The primary impact of these                     who enforce, or otherwise determine
                                                                                                                                                           9. Civil Justice Reform
                                             regulations will be on limiting all                     compliance with, Federal regulations to
                                             vessels wishing to transit the affected                 the Small Business and Agriculture                      This rule meets applicable standards
                                             waterways during enforcement of the                     Regulatory Enforcement Ombudsman                      in sections 3(a) and 3(b)(2) of Executive
                                             safety zone on the Atlantic Intracoastal                and the Regional Small Business                       Order 12988, Civil Justice Reform, to
                                             Waterway within a 100 yard radius of                    Regulatory Fairness Boards. The                       minimize litigation, eliminate
                                             latitude 33°55′11″ N., longitude                        Ombudsman evaluates these actions                     ambiguity, and reduce burden.
                                             078°03′24″ W. in Oak Island, North                      annually and rates each agency’s                      10. Protection of Children
                                             Carolina on October 12, 13, 19, and 20,                 responsiveness to small business. If you
                                             2015. Although these regulations                        wish to comment on actions by                           We have analyzed this rule under
                                             prevent traffic from transiting a portion               employees of the Coast Guard, call 1–                 Executive Order 13045, Protection of
                                             of the Atlantic Intracoastal Waterway                   888–REG–FAIR (1–888–734–3247). The                    Children from Environmental Health
                                             during this incident, that restriction is               Coast Guard will not retaliate against                Risks and Safety Risks. This rule is not
                                             limited in duration, affects only a                     small entities that question or complain              an economically significant rule and
                                             limited area, and will be well publicized               about this rule or any policy or action               does not create an environmental risk to
                                             to allow mariners to make alternative                   of the Coast Guard.                                   health or risk to safety that may
                                             plans for transiting the affected area.                                                                       disproportionately affect children.
                                                                                                     4. Collection of Information
                                             2. Impact on Small Entities                                                                                   11. Indian Tribal Governments
                                                                                                       This rule will not call for a new
                                                The Regulatory Flexibility Act of 1980               collection of information under the                      This rule does not have tribal
                                             (RFA), 5 U.S.C. 601–612, as amended,                    Paperwork Reduction Act of 1995 (44                   implications under Executive Order
                                             requires federal agencies to consider the               U.S.C. 3501–3520).                                    13175, Consultation and Coordination
                                             potential impact of regulations on small                                                                      with Indian Tribal Governments,
                                                                                                     5. Federalism                                         because it does not have a substantial
                                             entities during rulemaking. The term
                                             ‘‘small entities’’ comprises small                         A rule has implications for federalism             direct effect on one or more Indian
                                             businesses, not-for-profit organizations                under Executive Order 13132,                          tribes, on the relationship between the
                                             that are independently owned and                        Federalism, if it has a substantial direct            Federal Government and Indian tribes,
                                             operated and are not dominant in their                  effect on the States, on the relationship             or on the distribution of power and
                                             fields, and governmental jurisdictions                  between the national government and                   responsibilities between the Federal
                                             with populations of less than 50,000.                   the States, or on the distribution of                 Government and Indian tribes.
                                             The Coast Guard certifies under 5 U.S.C.                power and responsibilities among the                  12. Energy Effects
                                             605(b) that this rule will not have a                   various levels of government. We have
                                                                                                     analyzed this rule under that Order and                 This action is not a ‘‘significant
                                             significant economic impact on a
                                                                                                     determined that this rule does not have               energy action’’ under Executive Order
                                             substantial number of small entities.
                                                                                                     implications for federalism.                          13211, Actions Concerning Regulations
                                                This rule will affect the following                                                                        That Significantly Affect Energy Supply,
                                             entities, some of which might be small                  6. Protest Activities                                 Distribution, or Use.
                                             entities: The owners or operators of                       The Coast Guard respects the First
                                             vessels intending to transit or anchor in                                                                     13. Technical Standards
                                                                                                     Amendment rights of protesters.
                                             waters of the Atlantic Intracoastal                     Protesters are asked to contact the                     This rule does not use technical
                                             Waterway within a 100 yard radius of                    person listed in the FOR FURTHER                      standards. Therefore, we did not
                                             latitude 33°55′11″ N., longitude                        INFORMATION CONTACT section to                        consider the use of voluntary consensus
                                             078°03′24″ W. position during the                       coordinate protest activities so that your            standards.
                                             outlined timeframe.                                     message can be received without
                                                This safety zone will not have a                                                                           14. Environment
                                                                                                     jeopardizing the safety or security of
                                             significant economic impact on a                        people, places or vessels.                               We have analyzed this rule under
                                             substantial number of small entities for                                                                      Department of Homeland Security
                                             the following reasons: (i) The safety                   7. Unfunded Mandates Reform Act                       Management Directive 023–01 and
                                             zone will only be in place for a limited                   The Unfunded Mandates Reform Act                   Commandant Instruction M16475.lD,
                                             duration, and (ii) before the enforcement               of 1995 (2 U.S.C. 1531–1538) requires                 which guide the Coast Guard in
                                             period, maritime advisories will be                     Federal agencies to assess the effects of             complying with the National
                                             issued allowing mariners to adjust their                their discretionary regulatory actions. In            Environmental Policy Act of 1969
                                             plans accordingly.                                      particular, the Act addresses actions                 (NEPA) (42 U.S.C. 4321–4370f), and
                                                                                                     that may result in the expenditure by a               have determined that this action is one
                                             3. Assistance for Small Entities
                                                                                                     State, local, or tribal government, in the            of a category of actions that do not
                                               Under section 213(a) of the Small                     aggregate, or by the private sector of                individually or cumulatively have a
                                             Business Regulatory Enforcement                         $100,000,000 (adjusted for inflation) or              significant effect on the human
                                             Fairness Act of 1996 (Pub. L. 104–121),                 more in any one year. Though this rule                environment. This rule involves the
                                             we want to assist small entities in                                                                           establishment of a safety zone to protect
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                                                                                                     will not result in such an expenditure,
                                             understanding this rule. If the rule                    we do discuss the effects of this rule                life, property and the environment. This
                                             would affect your small business,                       elsewhere in this preamble.                           rule is categorically excluded from
                                             organization, or governmental                                                                                 further review under paragraph 34(g) of
                                             jurisdiction and you have questions                     8. Taking of Private Property                         Figure 2–1 of the Commandant
                                             concerning its provisions or options for                   This rule will not cause a taking of               Instruction. We seek any comments or
                                             compliance, please contact the person                   private property or otherwise have                    information that may lead to the


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                                                              Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Rules and Regulations                                       61985

                                             discovery of a significant environmental                  (d) Enforcement period. This section                Public Reading Room is (202) 566–1744,
                                             impact from this rule.                                  will be enforced on October 12, 13, 19,               and the telephone number for the Air
                                                                                                     and 20, 2015, between 9:00 a.m. to 12:00              and Radiation Docket is (202) 566–1742.
                                             List of Subjects in 33 CFR Part 165
                                                                                                     p.m. and 1:00 p.m. to 4:00 p.m.                       FOR FURTHER INFORMATION CONTACT:
                                               Harbors, Marine safety, Navigation                      Dated: September 23, 2015.                          Jeremy Arling, Stratospheric Protection
                                             (water), Reporting and recordkeeping                                                                          Division, Office of Atmospheric
                                                                                                     S.R. Murtagh,
                                             requirements, Security measures,                                                                              Programs, Mail Code 6205T, 1200
                                                                                                     Captain, U.S. Coast Guard, Captain of the
                                             Waterways.                                                                                                    Pennsylvania Avenue NW., Washington,
                                                                                                     Port North Carolina.
                                               For the reasons discussed in the                                                                            DC 20460; telephone number (202) 343–
                                                                                                     [FR Doc. 2015–26193 Filed 10–14–15; 8:45 am]
                                             preamble, the Coast Guard amends 33                                                                           9055; email address arling.jeremy@
                                                                                                     BILLING CODE 9110–04–P
                                             CFR part 165 as follows:                                                                                      epa.gov. You may also visit the methyl
                                                                                                                                                           bromide section of the Ozone Depletion
                                             PART 165—REGULATED NAVIGATION                                                                                 Web site of EPA’s Stratospheric
                                             AREAS AND LIMITED ACCESS AREAS                          ENVIRONMENTAL PROTECTION                              Protection Division at www.epa.gov/
                                                                                                     AGENCY                                                ozone/mbr for further information about
                                             ■ 1. The authority citation for part 165                                                                      the methyl bromide critical use
                                             continues to read as follows:                           40 CFR Part 82
                                                                                                                                                           exemption, other Stratospheric Ozone
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             [EPA–HQ–OAR–2013–0369; FRL–9935–69–                   Protection regulations, the science of
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               OAR]                                                  ozone layer depletion, and related
                                             Department of Homeland Security Delegation              RIN 2060–AS44                                         topics.
                                             No. 0170.1.
                                                                                                                                                           SUPPLEMENTARY INFORMATION:
                                             ■ 2. Add § 165.T05–809 to read as                       Protection of Stratospheric Ozone: The
                                                                                                     2016 Critical Use Exemption From the                  I. Executive Summary
                                             follows:
                                                                                                     Phaseout of Methyl Bromide                               This rule concerns Clean Air Act
                                             § 165.T05–809 Safety Zone, Atlantic                                                                           (CAA) restrictions on the consumption,
                                             Intracoastal Waterway; Oak Island, North                AGENCY:  Environmental Protection                     production, and use of methyl bromide
                                             Carolina.                                               Agency (EPA).                                         (a Class I, Group VI controlled
                                                (a) Definitions. For the purposes of                 ACTION: Final rule.                                   substance) for critical uses. Under the
                                             this section, Captain of the Port means                                                                       Clean Air Act, methyl bromide
                                             the Commander, Sector North Carolina.                   SUMMARY:   The Environmental Protection               consumption (consumption is defined
                                             Representative means any Coast Guard                    Agency (EPA) is authorizing uses that                 under section 601 of the CAA as
                                             commissioned, warrant or petty officer                  qualify for the critical use exemption                production plus imports minus exports)
                                             who has been authorized to act on the                   and the amount of methyl bromide that                 and production were phased out on
                                             behalf of the Captain of the Port.                      may be produced or imported for those                 January 1, 2005, apart from allowable
                                                                                                     uses for the 2016 control period. EPA is              exemptions, such as the critical use and
                                                (b) Location. The following area is a
                                                                                                     issuing this action under the authority               the quarantine and preshipment (QPS)
                                             safety zone: Specified waters of the
                                                                                                     of the Clean Air Act to reflect consensus             exemptions. With this action, EPA is
                                             Captain of the Port Sector North
                                                                                                     decisions of the Parties to the Montreal              authorizing the uses that will qualify for
                                             Carolina zone, as defined in 33 CFR
                                                                                                     Protocol on Substances that Deplete the               the critical use exemption as well as
                                             3.25–10, all waters of the Atlantic
                                                                                                     Ozone Layer at the Twenty-Sixth                       specific amounts of methyl bromide that
                                             Intracoastal Waterway within a 100 yard
                                                                                                     Meeting of the Parties in November                    may be produced and imported for
                                             radius of latitude 33°55′11″ N.,
                                                                                                     2014.                                                 those critical uses for 2016.
                                             longitude 078°03′24″ W. in Oak Island,
                                             North Carolina.                                         DATES:  This rule is effective on January             II. General Information
                                                (c) Regulations. (1) In accordance with              1, 2016.
                                             the general regulations in § 165.23, entry              ADDRESSES: EPA has established a                      A. Does this action apply to me?
                                             into this zone is prohibited unless                     docket for this action under Docket ID                   Entities and categories of entities
                                             authorized by the Captain of the Port,                  No. EPA–HQ–OAR–2013–0369. All                         potentially regulated by this action
                                             North Carolina or his designated                        documents in the docket are listed on                 include producers, importers, and
                                             representatives.                                        the www.regulations.gov Web site.                     exporters of methyl bromide;
                                                (2) The operator of any vessel in the                Although listed in the index, some                    applicators and distributors of methyl
                                             immediate vicinity of this safety zone                  information is not publicly available,                bromide; and users of methyl bromide
                                             shall:                                                  e.g., confidential business information               that applied for the 2016 critical use
                                                (i) If on scene proceed as directed by               (CBI) or other information whose                      exemption including growers of
                                             any commissioned, warrant or petty                      disclosure is restricted by statute.                  vegetable crops, ornamentals, fruits, and
                                             officer on shore or on board a vessel that              Certain other material, such as                       nursery stock, and owners of stored food
                                             is displaying a U.S. Coast Guard Ensign.                copyrighted material, is not placed on                commodities. This list is not intended to
                                                (ii) [Reserved]                                      the Internet and is publicly available                be exhaustive, but rather to provide a
                                                (3) The Captain of the Port, North                   only in hard copy form. Publicly                      guide for readers regarding entities
                                             Carolina can be reached through the                     available docket materials are available              likely to be regulated by this action. To
                                             Sector North Carolina Command Duty                      either electronically through                         determine whether your facility,
                                             Officer at Sector North Carolina in                     www.regulations.gov or in hard copy at                company, business, or organization
                                             Wilmington, North Carolina at                           the Air and Radiation Docket, EPA/DC,                 could be regulated by this action, you
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                                             telephone number (910) 343–3882.                        EPA West, Room 3334, 1301                             should carefully examine the
                                                (4) The Coast Guard Representatives                  Constitution Ave. NW., Washington,                    regulations promulgated at 40 CFR part
                                             enforcing the safety zone can be                        DC. The Public Reading Room is open                   82, subpart A. If you have questions
                                             contacted on VHF–FM marine band                         from 8:30 a.m. to 4:30 p.m., Monday                   regarding the applicability of this action
                                             radio channel 13 (165.65 Mhz) and                       through Friday, excluding legal                       to a particular entity, consult the person
                                             channel 16 (156.8 Mhz).                                 holidays. The telephone number for the                listed in the preceding section.


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Document Created: 2018-02-27 08:52:08
Document Modified: 2018-02-27 08:52:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from October 15, 2015 until October 20, 2015. For the purposes of enforcement, actual notice will be used from October 12, 2015 until October 15, 2015.
ContactIf you have questions on this rule, call or email LT Derek J. Burrill, Waterways Management Division Chief, Sector North Carolina, Coast Guard; telephone (910) 772-2230, 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 61983 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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