81_FR_26781 81 FR 26695 - Safety Zone, Cape Fear River; Southport, NC

81 FR 26695 - Safety Zone, Cape Fear River; Southport, NC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 86 (May 4, 2016)

Page Range26695-26697
FR Document2016-10310

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Cape Fear River near Southport, North Carolina. This temporary safety zone is intended to restrict vessels from a portion of the Cape Fear River during the Barrier Island Challenge Stand Up Paddle Board Race. This action is necessary to protect the safety of race participants when they cross the Lower Swash Channel of the Cape Fear River. 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 81 Issue 86 (Wednesday, May 4, 2016)
[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Rules and Regulations]
[Pages 26695-26697]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10310]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0306]
RIN 1625-AA00


Safety Zone, Cape Fear River; Southport, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Cape Fear River near Southport, North Carolina. 
This temporary safety zone is intended to restrict vessels from a 
portion of the Cape Fear River during the Barrier Island Challenge 
Stand Up Paddle Board Race. This action is necessary to protect the 
safety of race participants when they cross the Lower Swash Channel of 
the Cape Fear River. 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 on May 7, 2016, from 9:30 a.m. through 
11:30 a.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0306 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 details of this event were not 
provided until April 12, 2016, making it impracticable to publish an 
NPRM.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to protect race participants and spectators 
from the hazards associated with a paddleboard race.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port North Carolina (COTP) has determined that 
potential hazards associated with the Barrier Island Challenge Paddle 
Board Race on May 07, 2016 will be a safety concern when race 
participants cross the Lower Swash Channel on the Cape Fear River, 
Southport, North Carolina, a major shipping channel. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Lower Swash Channel on the Cape Fear River. The 
safety zone will encompass all waters within a shape bounded by the 
following coordinates: 33[deg]55'05'' N., 078[deg]00'04'' W.; 
33[deg]54'57'' N., 078[deg]00'04'' W.; 33[deg]54'56'' N., 
078[deg]00'54'' W.; 33[deg]55'04'' N., 078[deg]00'54'' W.; thence back 
to the point of origin (NAD 83) in Southport, North Carolina. This 
safety zone will be established in the interest of public safety due to 
the participants crossing the Cape Fear River. This rule will be 
enforced on May 07, 2016 during the times of 9:30 a.m. through 11:30 
a.m., unless otherwise cancelled earlier by the COTP.
    Except for vessels authorized by the Captain of the Port or 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.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly,

[[Page 26696]]

it has not been reviewed by the Office of Management and Budget.
    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 Cape Fear River within all waters within a shape 
bounded by the following coordinates: 33[deg]55'05'' N., 
078[deg]00'04'' W.; 33[deg]54'57'' N., 078[deg]00'04'' W.; 
33[deg]54'56'' N., 078[deg]00'54'' W.; 33[deg]55'04'' N., 
078[deg]00'54'' W.; thence back to the point of origin (NAD 83) in 
Southport, North Carolina on May 07, 2016 from 9:30 a.m. through 11:30 
a.m., unless otherwise cancelled by the COTP. Although these 
regulations prevent traffic from transiting a portion of the Cape Fear 
River during this event, 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.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. 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 (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 limit vessels 
within all waters within a shape bounded by the following coordinates: 
33[deg]55'05'' N., 078[deg]00'04'' W.; 33[deg]54'57'' N., 
078[deg]00'04'' W.; 33[deg]54'56'' N., 078[deg]00'54'' W.; 
33[deg]55'04'' N., 078[deg]00'54'' W.; thence back to the point of 
origin (NAD 83) in Southport, North Carolina on May 07, 2016 from 9:30 
a.m. through 11:30 a.m. to protect life and property of mariners from 
the hazards associated with the event. It 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 discovery of a significant environmental impact from this 
rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard 
temporarily amends 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233


0
2. Add Sec.  100.35-T05-0306 to read as follows:


Sec.  100.35-T05-0306  Safety Zone, Cape Fear River; Southport, 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 Cape Fear

[[Page 26697]]

River within a shape bounded by the following coordinates: 
33[deg]55'05'' N., 078[deg]00'04'' W.; 33[deg]54'57'' N., 
078[deg]00'04'' W.; 33[deg]54'56'' N., 078[deg]00'54'' W.; 
33[deg]55'04'' N., 078[deg]00'54'' W.; thence back to the point of 
origin (NAD 83) in Southport, North Carolina.
    (c) Regulations. (1) In accordance with the general regulations in 
165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, North Carolina or her 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.
    (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 May 07, 
2016, from 9:30 a.m. through 11:30 a.m., unless otherwise cancelled by 
the COTP.

    Dated: April 19, 2016.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2016-10310 Filed 5-3-16; 8:45 am]
BILLING CODE 9110-04-P



                                                                     Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Rules and Regulations                                         26695

                                                     (B) The first day of the latest-starting             into or movement within the safety zone               Captain of the Port North Carolina
                                                  plan year following May 4, 2016, of an                  during the enforcement period is                      (COTP) has determined that potential
                                                  affected plan (based on the plans                       prohibited without approval of the                    hazards associated with the Barrier
                                                  adopted before, and the plan years in                   Captain of the Port.                                  Island Challenge Paddle Board Race on
                                                  effect as of, May 4, 2016) sponsored by                 DATES: This rule is effective on May 7,               May 07, 2016 will be a safety concern
                                                  an entity that is disregarded as an entity              2016, from 9:30 a.m. through 11:30 a.m.               when race participants cross the Lower
                                                  separate from its owner for any purpose                 ADDRESSES: To view documents                          Swash Channel on the Cape Fear River,
                                                  under § 301.7701–2. For rules that apply                mentioned in this preamble as being                   Southport, North Carolina, a major
                                                  before the applicability date of these                  available in the docket, go to http://                shipping channel. This rule is needed to
                                                  regulations, see 26 CFR part 301 revised                www.regulations.gov, type USCG–2016–                  protect personnel, vessels, and the
                                                  as of April 1, 2016. For these purposes—                0306 in the ‘‘SEARCH’’ box and click                  marine environment in the navigable
                                                     (1) An affected plan includes any                    ‘‘SEARCH.’’ Click on Open Docket                      waters within the safety zone.
                                                  qualified plan, health plan, or section                 Folder on the line associated with this               IV. Discussion of the Rule
                                                  125 cafeteria plan if the plan benefits                 rule.
                                                  participants whose employment status                                                                             The Coast Guard is establishing a
                                                                                                          FOR FURTHER INFORMATION CONTACT: If                   temporary safety zone on the navigable
                                                  is affected by paragraph (c)(2)(iv)(C)(2),              you have questions on this rule, call or
                                                     (2) A qualified plan means a plan,                                                                         waters of the Lower Swash Channel on
                                                                                                          email LCDR Derek J. Burrill, Waterways                the Cape Fear River. The safety zone
                                                  contract, pension, or trust described in                Management Division Chief, Sector
                                                  paragraph (A) or (B) of section 219(g)(5)                                                                     will encompass all waters within a
                                                                                                          North Carolina, Coast Guard; telephone                shape bounded by the following
                                                  (other than paragraph (A)(iii)), and                    (910) 772–2230, email Derek.J.Burrill@
                                                     (3) A health plan means an                                                                                 coordinates: 33°55′05″ N., 078°00′04″
                                                                                                          uscg.mil.                                             W.; 33°54′57″ N., 078°00′04″ W.;
                                                  arrangement described under § 1.105–5
                                                  of this chapter.                                        SUPPLEMENTARY INFORMATION:                            33°54′56″ N., 078°00′54″ W.; 33°55′04″
                                                     (ii) Expiration date. The applicability                                                                    N., 078°00′54″ W.; thence back to the
                                                                                                          I. Table of Abbreviations
                                                  of paragraph (c)(2)(iv)(C)(2) of this                                                                         point of origin (NAD 83) in Southport,
                                                                                                          CFR Code of Federal Regulations                       North Carolina. This safety zone will be
                                                  section expires on or before May 3,                     DHS Department of Homeland Security
                                                  2016, or such earlier date as may be                                                                          established in the interest of public
                                                                                                          E.O. Executive Order                                  safety due to the participants crossing
                                                  determined under amendments to the                      FR Federal Register
                                                  regulations issued after May 3, 2016.                   NPRM Notice of proposed rulemaking                    the Cape Fear River. This rule will be
                                                                                                          Pub. L. Public Law                                    enforced on May 07, 2016 during the
                                                  John M. Dalrymple,                                      § Section                                             times of 9:30 a.m. through 11:30 a.m.,
                                                  Deputy Commissioner for Services and                    U.S.C. United States Code                             unless otherwise cancelled earlier by
                                                  Enforcement.                                                                                                  the COTP.
                                                    Approved: April 20, 2016.
                                                                                                          II. Background Information and                           Except for vessels authorized by the
                                                                                                          Regulatory History                                    Captain of the Port or her
                                                  Mark J. Mazur,
                                                  Assistant Secretary of the Treasury (Tax                   The Coast Guard is issuing this                    Representative, no person or vessel may
                                                  Policy).                                                temporary rule without prior notice and               enter or remain in the safety zone
                                                  [FR Doc. 2016–10383 Filed 5–3–16; 8:45 am]              opportunity to comment pursuant to                    during the time frame listed. The
                                                  BILLING CODE 4830–01–P
                                                                                                          authority under section 4(a) of the                   Captain of the Port will give notice of
                                                                                                          Administrative Procedure Act (APA) (5                 the enforcement of the safety zone by all
                                                                                                          U.S.C. 553(b)). This provision                        appropriate means to provide the widest
                                                                                                          authorizes an agency to issue a rule                  dissemination of notice among the
                                                  DEPARTMENT OF HOMELAND                                  without prior notice and opportunity to               affected segments of the public. This
                                                  SECURITY                                                comment when the agency for good                      will include publication in the Local
                                                  Coast Guard                                             cause finds that those procedures are                 Notice to Mariners and Marine
                                                                                                          ‘‘impracticable, unnecessary, or contrary             Information Broadcasts.
                                                  33 CFR Part 100                                         to the public interest.’’ Under 5 U.S.C.
                                                                                                          553(b)(B), the Coast Guard finds that                 V. Regulatory Analyses
                                                  [Docket Number USCG–2016–0306]                          good cause exists for not publishing a                  We developed this rule after
                                                                                                          notice of proposed rulemaking (NPRM)                  considering numerous statutes and
                                                  RIN 1625–AA00
                                                                                                          with respect to this rule because final               Executive Orders (E.O.s) related to
                                                  Safety Zone, Cape Fear River;                           details of this event were not provided               rulemaking. Below we summarize our
                                                  Southport, NC                                           until April 12, 2016, making it                       analyses based on a number of these
                                                                                                          impracticable to publish an NPRM.                     statutes and E.O.s, and we discuss First
                                                  AGENCY:    Coast Guard, DHS.                               We are issuing this rule, and under 5              Amendment rights of protestors.
                                                  ACTION:   Temporary final rule.                         U.S.C. 553(d)(3), the Coast Guard finds
                                                                                                                                                                A. Regulatory Planning and Review
                                                                                                          that good cause exists for making it
                                                  SUMMARY:    The Coast Guard is                          effective less than 30 days after                        E.O.s 12866 and 13563 direct agencies
                                                  establishing a temporary safety zone on                 publication in the Federal Register.                  to assess the costs and benefits of
                                                  the navigable waters of the Cape Fear                   Delaying the effective date of this rule              available regulatory alternatives and, if
                                                  River near Southport, North Carolina.                   would be contrary to public interest                  regulation is necessary, to select
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  This temporary safety zone is intended                  because immediate action is needed to                 regulatory approaches that maximize
                                                  to restrict vessels from a portion of the               protect race participants and spectators              net benefits. E.O. 13563 emphasizes the
                                                  Cape Fear River during the Barrier                      from the hazards associated with a                    importance of quantifying both costs
                                                  Island Challenge Stand Up Paddle                        paddleboard race.                                     and benefits, of reducing costs, of
                                                  Board Race. This action is necessary to                                                                       harmonizing rules, and of promoting
                                                  protect the safety of race participants                 III. Legal Authority and Need for Rule                flexibility. This rule has not been
                                                  when they cross the Lower Swash                            The Coast Guard is issuing this rule               designated a ‘‘significant regulatory
                                                  Channel of the Cape Fear River. Entry                   under authority in 33 U.S.C. 1231. The                action,’’ under E.O. 12866. Accordingly,


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                                                  26696              Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Rules and Regulations

                                                  it has not been reviewed by the Office                  annually and rates each agency’s                      complying with the National
                                                  of Management and Budget.                               responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                                     The primary impact of these                          wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                                  regulations will be on limiting all                     employees of the Coast Guard, call 1–                 determined that this action is one of a
                                                  vessels wishing to transit the affected                 888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                                  waterways during enforcement of the                     Coast Guard will not retaliate against                individually or cumulatively have a
                                                  safety zone on the Cape Fear River                      small entities that question or complain              significant effect on the human
                                                  within all waters within a shape                        about this rule or any policy or action               environment. This rule involves the
                                                  bounded by the following coordinates:                   of the Coast Guard.                                   establishment of a safety zone to limit
                                                  33°55′05″ N., 078°00′04″ W.; 33°54′57″                                                                        vessels within all waters within a shape
                                                  N., 078°00′04″ W.; 33°54′56″ N.,                        C. Collection of Information                          bounded by the following coordinates:
                                                  078°00′54″ W.; 33°55′04″ N., 078°00′54″                   This rule will not call for a new                   33°55′05″ N., 078°00′04″ W.; 33°54′57″
                                                  W.; thence back to the point of origin                  collection of information under the                   N., 078°00′04″ W.; 33°54′56″ N.,
                                                  (NAD 83) in Southport, North Carolina                   Paperwork Reduction Act of 1995 (44                   078°00′54″ W.; 33°55′04″ N., 078°00′54″
                                                  on May 07, 2016 from 9:30 a.m. through                  U.S.C. 3501–3520).                                    W.; thence back to the point of origin
                                                  11:30 a.m., unless otherwise cancelled                                                                        (NAD 83) in Southport, North Carolina
                                                                                                          D. Federalism and Indian Tribal
                                                  by the COTP. Although these                                                                                   on May 07, 2016 from 9:30 a.m. through
                                                  regulations prevent traffic from                        Governments
                                                                                                                                                                11:30 a.m. to protect life and property
                                                  transiting a portion of the Cape Fear                      A rule has implications for federalism             of mariners from the hazards associated
                                                  River during this event, that restriction               under E.O. 13132, Federalism, if it has               with the event. It is categorically
                                                  is limited in duration, affects only a                  a substantial direct effect on the States,            excluded from further review under
                                                  limited area, and will be well publicized               on the relationship between the national              paragraph 34(g) of Figure 2–1 of the
                                                  to allow mariners to make alternative                   government and the States, or on the                  Commandant Instruction. We seek any
                                                  plans for transiting the affected area.                 distribution of power and                             comments or information that may lead
                                                                                                          responsibilities among the various                    to the discovery of a significant
                                                  B. Impact on Small Entities
                                                                                                          levels of government. We have analyzed                environmental impact from this rule.
                                                     The Regulatory Flexibility Act of                    this rule under that Order and have
                                                  1980, 5 U.S.C. 601–612, as amended,                     determined that it is consistent with the             G. Protest Activities
                                                  requires Federal agencies to consider                   fundamental federalism principles and                   The Coast Guard respects the First
                                                  the potential impact of regulations on                  preemption requirements described in                  Amendment rights of protesters.
                                                  small entities during rulemaking. The                   E.O. 13132.                                           Protesters are asked to contact the
                                                  term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               person listed in the FOR FURTHER
                                                  businesses, not-for-profit organizations                implications under E.O. 13175,                        INFORMATION CONTACT section to
                                                  that are independently owned and                        Consultation and Coordination with                    coordinate protest activities so that your
                                                  operated and are not dominant in their                  Indian Tribal Governments, because it                 message can be received without
                                                  fields, and governmental jurisdictions                  does not have a substantial direct effect             jeopardizing the safety or security of
                                                  with populations of less than 50,000.                   on one or more Indian tribes, on the                  people, places or vessels.
                                                  The Coast Guard certifies under 5 U.S.C.                relationship between the Federal
                                                  605(b) that this rule will not have a                   Government and Indian tribes, or on the               List of Subjects in 33 CFR Part 100
                                                  significant economic impact on a                        distribution of power and                               Marine safety, Navigation (water),
                                                  substantial number of small entities.                   responsibilities between the Federal                  Reporting and recordkeeping
                                                     While some owners or operators of                    Government and Indian tribes. If you                  requirements, Waterways.
                                                  vessels intending to transit the safety                 believe this rule has implications for                  For the reasons discussed in the
                                                  zone may be small entities, for the                     federalism or Indian tribes, please                   preamble, the Coast Guard temporarily
                                                  reasons stated in section V.A. above,                   contact the person listed in the FOR                  amends 33 CFR part 100 as follows:
                                                  this rule will not have a significant                   FURTHER INFORMATION CONTACT section
                                                  economic impact on any vessel owner                     above.                                                PART 100—SAFETY OF LIFE ON
                                                  or operator.                                                                                                  NAVIGABLE WATERS
                                                     Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                                  Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    ■ 1. The authority citation for part 100
                                                  Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 continues to read as follows:
                                                  we want to assist small entities in                     Federal agencies to assess the effects of                 Authority: 33 U.S.C. 1233
                                                  understanding this rule. If the rule                    their discretionary regulatory actions. In            ■ 2. Add § 100.35–T05–0306 to read as
                                                  would affect your small business,                       particular, the Act addresses actions                 follows:
                                                  organization, or governmental                           that may result in the expenditure by a
                                                  jurisdiction and you have questions                     State, local, or tribal government, in the            § 100.35–T05–0306 Safety Zone, Cape Fear
                                                  concerning its provisions or options for                aggregate, or by the private sector of                River; Southport, North Carolina
                                                  compliance, please contact the person                   $100,000,000 (adjusted for inflation) or                (a) Definitions. For the purposes of
                                                  listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                this section, Captain of the Port means
                                                  CONTACT section.                                        will not result in such an expenditure,               the Commander, Sector North Carolina.
                                                     Small businesses may send comments                   we do discuss the effects of this rule                  Representative means any Coast
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                                                  on the actions of Federal employees                     elsewhere in this preamble.                           Guard commissioned, warrant or petty
                                                  who enforce, or otherwise determine                                                                           officer who has been authorized to act
                                                  compliance with, Federal regulations to                 F. Environment                                        on the behalf of the Captain of the Port.
                                                  the Small Business and Agriculture                        We have analyzed this rule under                      (b) Location. The following area is a
                                                  Regulatory Enforcement Ombudsman                        Department of Homeland Security                       safety zone: Specified waters of the
                                                  and the Regional Small Business                         Management Directive 023–01 and                       Captain of the Port Sector North
                                                  Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                     Carolina zone, as defined in 33 CFR
                                                  Ombudsman evaluates these actions                       which guide the Coast Guard in                        3.25–10, all waters of the Cape Fear


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                                                                     Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Rules and Regulations                                             26697

                                                  River within a shape bounded by the                     (NAAQS). First, the EPA is determining                      N. New Jersey-Long Island (NY-NJ-CT)
                                                  following coordinates: 33°55′05″ N.,                    that 17 areas attained the 2008 ozone                       Nonattainment Area
                                                  078°00′04″ W.; 33°54′57″ N., 078°00′04″                 NAAQS by the applicable attainment                    II. Final Actions
                                                                                                                                                                   A. Determinations of Attainment
                                                  W.; 33°54′56″ N., 078°00′54″ W.;                        date of July 20, 2015, based on                          B. Extensions of Marginal Area Attainment
                                                  33°55′04″ N., 078°00′54″ W.; thence                     complete, quality-assured and certified                     Dates
                                                  back to the point of origin (NAD 83) in                 ozone monitoring data for 2012–2014.                     C. Determinations of Failure To Attain and
                                                  Southport, North Carolina.                              Second, the EPA is granting 1-year                          Reclassification
                                                     (c) Regulations. (1) In accordance with              attainment date extensions for eight                     D. Moderate Area SIP Revision Submission
                                                  the general regulations in 165.23 of this               areas on the basis that the requirements                    Deadline
                                                  part, entry into this zone is prohibited                for such extensions under the Clean Air                  E. Rescission of Clean Data Determination
                                                                                                                                                                      and Final SIP Call for the 1997 8-Hour
                                                  unless authorized by the Captain of the                 Act (CAA) and the EPA’s implementing
                                                                                                                                                                      Ozone NAAQS for the New York-N. New
                                                  Port, North Carolina or her designated                  regulations have been met. Third, the                       Jersey-Long Island (NY-NJ-CT)
                                                  representatives.                                        EPA is determining that 11 areas failed                     Nonattainment Area
                                                     (2) The operator of any vessel in the                to attain the 2008 ozone NAAQS by the                 III. Environmental Justice Considerations
                                                  immediate vicinity of this safety zone                  applicable attainment date of July 20,                IV. Statutory and Executive Order Reviews
                                                  shall:                                                  2015, and thus are reclassified by                       A. Executive Order 12866: Regulatory
                                                     (i) If on scene proceed as directed by               operation of law as ‘‘Moderate’’ for the                    Planning and Review and Executive
                                                  any commissioned, warrant or petty                      2008 ozone NAAQS. States containing                         Order 13563: Improving Regulation and
                                                                                                                                                                      Regulatory Review
                                                  officer on shore or on board a vessel that              any or any portion of these new                          B. Paperwork Reduction Act (PRA)
                                                  is displaying a U.S. Coast Guard Ensign.                Moderate areas must submit State                         C. Regulatory Flexibility Act (RFA)
                                                     (3) The Captain of the Port, North                   Implementation Plan (SIP) revisions that                 D. Unfunded Mandates Reform Act
                                                  Carolina can be reached through the                     meet the statutory and regulatory                           (UMRA)
                                                  Sector North Carolina Command Duty                      requirements that apply to 2008 ozone                    E. Executive Order 13132: Federalism
                                                  Officer at Sector North Carolina in                     nonattainment areas classified as                        F. Executive Order 13175: Consultation
                                                  Wilmington, North Carolina at                           Moderate by January 1, 2017.                                and Coordination With Indian Tribal
                                                                                                                                                                      Governments
                                                  telephone number (910) 343–3882.                        DATES: This rule is effective on June 3,                 G. Executive Order 13045: Protection of
                                                     (4) The Coast Guard Representatives                  2016.                                                       Children From Environmental Health
                                                  enforcing the safety zone can be                                                                                    and Safety Risks
                                                                                                          ADDRESSES: The EPA has established
                                                  contacted on VHF–FM marine band                                                                                  H. Executive Order 13211: Actions That
                                                                                                          docket number EPA–HQ–OAR–2015–
                                                  radio channel 13 (165.65 Mhz) and                                                                                   Significantly Affect Energy Supply,
                                                                                                          0468 for this action. All documents in                      Distribution, or Use
                                                  channel 16 (156.8 Mhz).
                                                                                                          the docket are listed on http://                         I. National Technology Transfer and
                                                     (d) Enforcement period. This section
                                                                                                          www.regulation.gov Web site. Although                       Advancement Act
                                                  will be enforced on May 07, 2016, from
                                                                                                          listed in the index, some information is                 J. Executive Order 12898: Federal Actions
                                                  9:30 a.m. through 11:30 a.m., unless
                                                                                                          not publicly available, e.g., Confidential                  To Address Environmental Justice in
                                                  otherwise cancelled by the COTP.                                                                                    Minority Populations and Low-Income
                                                                                                          Business Information or other
                                                     Dated: April 19, 2016.                               information whose disclosure is                             Populations
                                                  J.S. Dufresne,                                          restricted by statute. Certain other                     K. Congressional Review Act (CRA)
                                                                                                                                                                   L. Judicial Review
                                                  Captain, U.S. Coast Guard, Captain of the               material, such as copyrighted material,
                                                  Port North Carolina.                                    is not placed on the Internet and will be             I. Proposed Actions
                                                  [FR Doc. 2016–10310 Filed 5–3–16; 8:45 am]              publicly available only in hard copy
                                                  BILLING CODE 9110–04–P                                  form. Publicly available docket                          On August 27, 2015, the EPA
                                                                                                          materials are available electronically                proposed to find that 17 Marginal areas
                                                                                                          through http://www.regulations.gov.                   attained the 2008 NAAQS by the
                                                                                                                                                                applicable attainment date of July 20,
                                                  ENVIRONMENTAL PROTECTION                                FOR FURTHER INFORMATION CONTACT: Mr.
                                                                                                                                                                2015, based on complete, quality-
                                                  AGENCY                                                  Cecil (Butch) Stackhouse or Mr. H. Lynn
                                                                                                                                                                assured and certified ozone monitoring
                                                                                                          Dail, Office of Air Quality Planning and
                                                  40 CFR Parts 52 and 81                                                                                        data for 2012–2014. See 80 FR 51992.
                                                                                                          Standards, Air Quality Policy Division,
                                                                                                                                                                The EPA also proposed to find that eight
                                                  [EPA–HQ–OAR–2015–0468; FRL–9945–17–                     Mail Code C539–01, Research Triangle
                                                                                                                                                                areas met the criteria, as provided in
                                                  OAR]                                                    Park, NC 27711. Telephone Mr.
                                                                                                                                                                CAA section 181(a)(5) and 40 Code of
                                                                                                          Stackhouse at (919) 541–5208 or Mr.
                                                                                                                                                                Federal Regulations (CFR) 51.1107, to
                                                  Determinations of Attainment by the                     Dail at (919) 541–2363; or both at fax
                                                                                                                                                                qualify for a 1-year attainment date
                                                  Attainment Date, Extensions of the                      number: (919) 541–5315; email
                                                                                                                                                                extension for the 2008 ozone NAAQS
                                                  Attainment Date, and Reclassification                   addresses: stackhouse.butch@epa.gov,
                                                                                                                                                                even though they did not attain the
                                                  of Several Areas for the 2008 Ozone                     or dail.lynn@epa.gov.
                                                                                                                                                                NAAQS by the applicable deadline.
                                                  National Ambient Air Quality                            SUPPLEMENTARY INFORMATION:                            Finally, the EPA proposed to find that
                                                  Standards
                                                                                                          Table of Contents                                     11 areas failed to attain the 2008 ozone
                                                  AGENCY:  Environmental Protection                                                                             NAAQS by the applicable Marginal
                                                  Agency (EPA).                                           I. Proposed Actions                                   attainment date and that they did not
                                                  ACTION: Final rule.                                        A. Determinations of Attainment                    qualify for a 1-year attainment date
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                                                                                                             B. Extensions of Marginal Area Attainment          extension. Under CAA section
                                                  SUMMARY:   The Environmental Protection                      Dates                                            181(b)(2)(A), if the EPA determines that
                                                  Agency (EPA) is taking final action on                     C. Determinations of Failure To Attain and         an area failed to attain a given NAAQS
                                                                                                               Reclassification
                                                  three separate and independent types of                    D. Moderate Area SIP Revision Submission
                                                                                                                                                                by the applicable attainment date, the
                                                  determinations for each of the 36 areas                      Deadline                                         area shall be reclassified to a higher
                                                  that are currently classified as                           E. Rescission of Clean Data Determination          classification. In the EPA’s August 2015
                                                  ‘‘Marginal’’ for the 2008 ozone National                     and Proposed SIP Call for the 1997 8-            proposal, the EPA specified those 11
                                                  Ambient Air Quality Standards                                Hour Ozone NAAQS for the New York-               areas would be reclassified to Moderate.


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Document Created: 2016-05-04 01:22:59
Document Modified: 2016-05-04 01:22:59
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 on May 7, 2016, from 9:30 a.m. through 11:30 a.m.
ContactIf you have questions on this rule, call or email LCDR Derek J. Burrill, Waterways Management Division Chief, Sector North Carolina, Coast Guard; telephone (910) 772-2230, email [email protected]
FR Citation81 FR 26695 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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