81 FR 38119 - Regulated Navigation Areas; Escorted Submarines Sector Jacksonville Captain of the Port Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 113 (June 13, 2016)

Page Range		38119-38122
FR Document		2016-13861
The Coast Guard proposes to establish regulated navigation areas (RNA) covering the St. Marys Entrance Channel, portions of the Cumberland Sound, and the Atlantic Ocean, that will be in effect whenever any Navy submarine (foreign or domestic) is being escorted by the Coast Guard and operating within the jurisdictional waters of the Sector Jacksonville Captain of the Port Zone. These RNAs are necessary to help ensure the safety and security of submarines, their Coast Guard escorts, and the public. The RNAs will do so by requiring all persons and vessels located within a RNA to follow orders and/or directions given to them by Coast Guard escort personnel. Additionally, these proposed RNAs will supersede the current temporary safety/security zone for Cumberland Sound, Georgia and St. Mary's River Entrance Channel. We invite your comments on this proposed rulemaking.
Federal Register, Volume 81 Issue 113 (Monday, June 13, 2016)
[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Proposed Rules]
[Pages 38119-38122]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13861]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0032]
RIN 1625-AA11


Regulated Navigation Areas; Escorted Submarines Sector 
Jacksonville Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish regulated navigation 
areas (RNA) covering the St. Marys Entrance Channel, portions of the 
Cumberland Sound, and the Atlantic Ocean, that will be in effect 
whenever any Navy submarine (foreign or domestic) is being escorted by 
the Coast Guard and operating within the jurisdictional waters of the 
Sector Jacksonville Captain of the Port Zone. These RNAs are necessary 
to help ensure the safety and security of submarines, their Coast Guard 
escorts, and the public. The RNAs will do so by requiring all persons 
and vessels located within a RNA to follow orders and/or directions 
given to them by Coast Guard escort personnel. Additionally, these 
proposed RNAs will supersede the current temporary safety/security zone 
for Cumberland Sound, Georgia and St. Mary's River Entrance Channel. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 13, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0032 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Allan Storm, Coast Guard 
Sector Jacksonville, Chief of Waterways Management, telephone (904) 
564-7563, email [email protected].

SUPPLEMENTARY INFORMATION:

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, Purpose, and Legal Basis

    Navy submarines frequently operate within the Cumberland Sound and 
the St. Marys Entrance Channel. When transiting these areas, the 
submarines and the vessels towing them are restricted in ability to 
maneuver and are unable to keep out of the way of other vessels. Due to 
the safety concern of the submarines being severely restricted in their 
ability to deviate from course and other various security concerns 
involved with submarine operations near shore in restricted waters, the 
Coast Guard provides submarine escorts when they are operating in those 
areas and offshore in the Atlantic Ocean.

[[Page 38120]]

    Currently, there are two regulatory options the Coast Guard uses to 
safeguard the movement of submarines, their Coast Guard escorts, and 
the public in and around the Cumberland Sound, the St. Marys Entrance 
Channel, and offshore in the Atlantic Ocean. The primary, and most 
often used, option comes from the authorities contained in the Naval 
Vessel Protection Zone (NVPZ) regulations found in 33 CFR 165.2025. The 
NVPZ provides a 500-yard regulated area of water surrounding large U.S. 
naval vessels. However, this 500-yard regulated area can be 
insufficient at times due to the narrow confines of the Cumberland 
Sound and the St. Marys Entrance Channel, because it forces the 
submarines and their Coast Guard escorts to come into close quarters 
contact with other vessels. The Captain of the Port (COTP) 
Jacksonville, Florida can also activate the safety/security zone, 
published in 33 CFR 165.731, to protect the safety and security of 
naval assets and the public; however this regulation may provide 
greater restrictions on vessel traffic than would be necessary through 
these proposed RNAs. Additionally, the method of activating the safety/
security zone is generally a broadcast notice to mariners, which alerts 
the public to the location of submarines and exposes the submarines to 
potential threats. Under these proposed RNAs, military vessel locations 
and movements would not be broadcast, therefore mitigating threats to 
the safety and security of the naval vessels and their Coast Guard 
escort assets. These RNAs supersede the temporary safety/security zone 
mentioned above.
    The RNAs established by this rule will allow Coast Guard escort 
personnel adequate time to effectively order and/or direct persons and 
vessels operating within a RNA to stop, move, change orientation, etc., 
as needed to ensure safety and/or security. The ability to order and/or 
direct persons and vessels will help avoid unnecessary and potentially 
dangerous close quarters contact between Coast Guard escorts and the 
maritime public within Cumberland Sound, the St. Marys Entrance 
Channel, and offshore in the Atlantic Ocean. In addition, it will give 
Coast Guard escorts an additional tool for determining the intention of 
vessels that are operating in close vicinity to an escorted submarine. 
The RNAs will mitigate the risks associated with these issues, and 
ensure the safety and security of the submarines, their Coast Guard 
escorts, and the maritime public.
    The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1231.

III. Discussion of Proposed Rule

    As stated in Section II above, submarines that transit within the 
Cumberland Sound and the St. Marys Entrance Channel are severely 
restricted in their ability to deviate from their course and encounter 
a variety of security concerns involved with submarine operations near 
shore in very restricted waters. To better protect the movement of 
submarines, Coast Guard escorts and the public in and around the 
Cumberland Sound, the St. Marys Entrance Channel, and offshore in the 
Atlantic Ocean, the Coast Guard proposes to establish RNAs when Navy 
submarines (foreign or domestic) are escorted by Coast Guard vessels 
within the Sector Jacksonville Captain of the Port Zone territorial 
seas. The proposed regulation applies in two locations.
    One area would encompass all waters within one (1) nautical mile of 
the charted center of the navigation channel from Crab Island in the 
Cumberland Sound, Georgia, to the St. Marys Entrance Channel and its 
approach extending eastward to lighted buoy ``STM''. This portion of 
the proposed regulation would allow Coast Guard vessels to direct 
waterway traffic in any portion of this confined channel when a 
submarine is being escorted.
    Additionally, a regulated area will encompass waters within one (1) 
nautical mile of any Navy submarine while it is transiting territorial 
seas within the Sector Jacksonville Captain of the Port Zone. All 
persons and vessels located within the RNA are required to follow 
orders and/or directions given to them by Coast Guard escort personnel.
    Lastly, these proposed RNAs supersede the temporary safety/security 
zone found in 33 CFR 165.731(b); thus requiring revision to 33 CFR 
165.731. These amendments include a title change to the regulation, the 
removal of the temporary safety/security zone, and the addition of the 
term ``designated representatives'' for enforcement authorities.
    The regulatory text we are proposing appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders (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 NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget.
    The Coast Guard made this determination based on the fact that (1) 
the RNAs are only enforced for the short periods of time when 
submarines are operating in the St. Marys Entrance Channel, portions of 
the Cumberland Sound, and Atlantic Ocean and escorted by the Coast 
Guard or anytime a submarine is operating and escorted by the Coast 
Guard within the Sector Jacksonville Captain of the Port Zone 
territorial seas and (2) vessels may freely operate within the RNAs to 
the extent permitted by other law or regulation unless given an order 
and/or direction by Coast Guard escort personnel.
    The Coast Guard has determined that this proposal, superseding the 
temporary safety/security zone implemented under 33 CFR 165.731(b), 
does not constitute a ``significant regulatory action'' under E.O. 
12866 based on the size and location of the security zone. The 
permanent security zone currently implemented under 33 CFR 165.731(a) 
remains in effect and covers approximately 5 square nautical miles of a 
sparsely populated section of Cumberland Sound and tributaries where 
few recreational or commercial vessels transit. Vessels transiting this 
area of Cumberland Sound can transit around the security zone.

B. Impact on Small Entities

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

[[Page 38121]]

stated in section IV.A above this proposed rule would not have a 
significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under 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 proposed 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 proposed rule does not have tribal implications under 
E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves the 
establishment of RNAs, thereby removing the temporary safety/security 
zone covering the St. Marys Entrance Channel, portions of the 
Cumberland Sound, and Atlantic Ocean, that will be enforced whenever 
any Navy submarine (foreign or domestic) is being escorted by the Coast 
Guard and operating within the jurisdictional waters of the Sector 
Jacksonville Captain of the Port Zone. Normally such actions are 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
environmental analysis checklist and Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Revise Sec.  165.731 to read as follows:


Sec.  165.731  Security Zone: Cumberland Sound, Georgia.

    (a) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local

[[Page 38122]]

officers designated by or assisting the Captain of the Port (COTP) 
Jacksonville, Florida in the enforcement of the regulated areas.
    (b) Location. A permanent security zone is established within the 
following coordinates, the area enclosed by a line starting at 
30[deg]44'55'' N., 081[deg]29'39'' W.; thence to 30[deg]44'55'' N., 
081[deg]29'18'' W.; thence to 30[deg]46'35'' N., 081[deg]29'18'' W.; 
thence to 30[deg]47'02'' N., 081[deg]29'34'' W.; thence to 
30[deg]47'21'' N., 081[deg]29'39'' W.; thence to 30[deg]48'00'' N., 
081[deg]29'42'' W.; thence to 30[deg]49'07'' N., 081[deg]29'56'' W.; 
thence to 30[deg]49'55'' N., 081[deg]30'35'' W.; thence to 
30[deg]50'15'' N., 081[deg]31'08'' W.; thence to 30[deg]50'14'' N., 
081[deg]31'30'' W.; thence to 30[deg]49'58'' N., 081[deg]31'45'' W.; 
thence to 30[deg]49'58'' N., 081[deg]32'03'' W.; thence to 
30[deg]50'12'' N., 081[deg]32'17'' W.; thence following the land based 
perimeter boundary to the point of origin.
    (c) Regulations. (1) No person or vessel may enter or remain within 
the security zone without the permission of the COTP Jacksonville or 
designated representative.
    (2) All persons and vessels in authorized permission to enter the 
security zone shall immediately obey any direction or order of the COTP 
Jacksonville or designated representative.
    (3) This regulation does not apply to persons or vessels operating 
under the authority of the United States Navy or to authorized law 
enforcement agencies.
0
3. Add Sec.  165.732 to read as follows:


Sec.  165.732  Escorted Submarines Sector Jacksonville Captain of the 
Port Zone.

    (a) Location. The following areas are regulated navigation areas 
(RNA) whenever any Navy submarine (foreign or domestic) is being 
escorted by the Coast Guard within the Sector Jacksonville Captain of 
the Port Zone territorial seas:
    (1) All waters within 1 nautical mile of any Navy submarine 
operating within the Sector Jacksonville Captain of the Port Zone 
territorial seas; and
    (2) All waters within 1 nautical mile of the charted center of the 
navigation channel from Crab Island in the Cumberland Sound, Georgia to 
the St. Marys Entrance Channel and its approach extending eastward to 
lighted buoy ``STM''.
    (b) Regulations. All persons and vessels located within a RNA 
created by paragraph (a) shall follow all orders and/or directions 
given to them by Coast Guard escort personnel. 33 CFR 165, Subpart B, 
contains additional provisions applicable to the RNA created in 
paragraph (a).
    (c) Notification. The Coast Guard escort will attempt, when 
necessary and practicable, to notify any persons or vessels inside or 
approaching the vicinity of a RNA created in paragraph (a) of this 
section of its existence via VHF Channel 16 and/or any other means 
reasonably available.

    Dated: June 2, 2016.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2016-13861 Filed 6-10-16; 8:45 am]
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Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Proposed Rules 38119

use vehicles and mobile equipment have limited comments on one or more be in effect whenever any Navy
(e.g., bucket trucks, aerial lifts, cranes) key areas’’); observer only (‘‘I will not be submarine (foreign or domestic) is being
to perform tree care operations? What speaking’’); Press. escorted by the Coast Guard and
are the best practices for, as well as • If necessary, OSHA may select operating within the jurisdictional
concerns with, using vehicles and participants in order to ensure the waters of the Sector Jacksonville
mobile equipment in tree care meeting includes a fair representation of Captain of the Port Zone. These RNAs
operations? What controls (e.g., interests and diverse viewpoints. OSHA are necessary to help ensure the safety
engineering controls, PPE) and safety staff will participate in discussions with and security of submarines, their Coast
practices has your company the stakeholder participants and Eastern Guard escorts, and the public. The
implemented to protect workers Research Group (ERG), Inc., will RNAs will do so by requiring all persons
operating and working on and near facilitate the meeting. In addition, ERG and vessels located within a RNA to
vehicles and mobile equipment? will compile notes summarizing the follow orders and/or directions given to
• Information and training. What stakeholder discussions, but the notes them by Coast Guard escort personnel.
occupational safety and health will not identify participants by name. Additionally, these proposed RNAs will
information and training does your ERG also will make an audio recording supersede the current temporary safety/
company or the tree care industry solely for the purpose of ensuring the security zone for Cumberland Sound,
provide to workers? What topics does accuracy of the summary notes. The Georgia and St. Mary’s River Entrance
the training cover? What does your recording will not be transcribed or put Channel. We invite your comments on
company do to ensure workers in the public docket. The summary this proposed rulemaking.
understand the information and notes will be posted in the Tree Care DATES: Comments and related material
training? For example, how do you Operations docket (Docket No. OSHA– must be received by the Coast Guard on
communicate information so temporary 2008–0012) and will be available at or before July 13, 2016.
workers, non-English speaking workers, http://www.regulations.gov, the Federal ADDRESSES: You may submit comments
and workers with limited literacy eRulemaking Portal. identified by docket number USCG–
understand it? Electronic copies of this Federal 2016–0032 using the Federal
Register notice, as well as news releases eRulemaking Portal at http://
III. Public Participation and other relevant documents, are www.regulations.gov. See the ‘‘Public
The stakeholder meeting will available on the OSHA Web page at: Participation and Request for
accommodate approximately 30 http://www.osha.gov. Comments’’ portion of the
participants. In addition, as space SUPPLEMENTARY INFORMATION section for
permits, interested persons may Authority and Signature
further instructions on submitting
observe, rather than participate in, the This document was prepared under comments.
meeting. To participate in or observe the the direction of David Michaels, Ph.D.,
FOR FURTHER INFORMATION CONTACT: If
stakeholder meeting you must register MPH, Assistant Secretary of Labor for
Occupational Safety and Health, and you have questions about this proposed
electronically, by facsimile, or by hard
under authority granted by 29 U.S.C. rulemaking, call or email Lieutenant
copy. To receive confirmation to
651, 653, and 655; Secretary of Labor’s Allan Storm, Coast Guard Sector
participate in or observe the meeting,
Order No. 1–2012 (77 FR 3912); and 29 Jacksonville, Chief of Waterways
register as soon as possible and by July
CFR part 1911. Management, telephone (904) 564–7563,
1, 2016. If space is still available after
email Allan.H.Storm@uscg.mil.
that date, registration for participating Signed at Washington, DC, on June 6, 2016. SUPPLEMENTARY INFORMATION:
in or observing the meeting will remain David Michaels,
open. However, late registrants may not Assistant Secretary of Labor for Occupational Table of Abbreviations
receive confirmation and should contact Safety and Health. CFR Code of Federal Regulations
Ms. Wangdahl to confirm that space is [FR Doc. 2016–13844 Filed 6–10–16; 8:45 am] DHS Department of Homeland Security
available. As space permits, OSHA will E.O. Executive Order
BILLING CODE 4510–26–P
accommodate observers who do not FR Federal Register
register for the meeting. NPRM Notice of Proposed Rulemaking
To register electronically, follow the Pub. L. Public Law
instructions provided on the Web site. DEPARTMENT OF HOMELAND § Section
To register by hard copy or facsimile, SECURITY U.S.C. United States Code
please provide the following II. Background, Purpose, and Legal
Coast Guard
information: Basis
• Name;
• Professional Title; 33 CFR Part 165 Navy submarines frequently operate
• Organization for which you work or [Docket Number USCG–2016–0032]
within the Cumberland Sound and the
represent; St. Marys Entrance Channel. When
• Address; RIN 1625–AA11 transiting these areas, the submarines
• Phone; and the vessels towing them are
Regulated Navigation Areas; Escorted
• Email address; restricted in ability to maneuver and are
• The interest you represent (e.g., tree Submarines Sector Jacksonville unable to keep out of the way of other
care employer/company; worker; labor Captain of the Port Zone vessels. Due to the safety concern of the
mstockstill on DSK3G9T082PROD with PROPOSALS

organization; trade or professional AGENCY: Coast Guard, DHS. submarines being severely restricted in
association/organization; insurance ACTION: Notice of proposed rulemaking. their ability to deviate from course and
company; manufacturer; government; other various security concerns
public). SUMMARY: The Coast Guard proposes to involved with submarine operations
• The type of participation: establish regulated navigation areas near shore in restricted waters, the Coast
Participant at the main table (‘‘I will (RNA) covering the St. Marys Entrance Guard provides submarine escorts when
actively discuss topics that come up’’); Channel, portions of the Cumberland they are operating in those areas and
observer making comments (‘‘I may Sound, and the Atlantic Ocean, that will offshore in the Atlantic Ocean.

VerDate Sep<11>2014 16:50 Jun 10, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM 13JNP1
38122 Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Proposed Rules

officers designated by or assisting the (c) Notification. The Coast Guard Drive, Research Triangle Park, North
Captain of the Port (COTP) Jacksonville, escort will attempt, when necessary and Carolina.
Florida in the enforcement of the practicable, to notify any persons or ADDRESSES: Submit your comments,
regulated areas. vessels inside or approaching the identified by Docket ID No. EPA–HQ–
(b) Location. A permanent security vicinity of a RNA created in paragraph OAR–2010–0544, at http://
zone is established within the following (a) of this section of its existence via www.regulations.gov.
coordinates, the area enclosed by a line VHF Channel 16 and/or any other Follow the online instructions for
starting at 30°44′55″ N., 081°29′39″ W.; means reasonably available. submitting comments. Once submitted,
thence to 30°44′55″ N., 081°29′18″ W.; Dated: June 2, 2016. comments cannot be edited or removed
thence to 30°46′35″ N., 081°29′18″ W.; S.A. Buschman, from Regulations.gov. The EPA may
thence to 30°47′02″ N., 081°29′34″ W.; Rear Admiral, U.S. Coast Guard, Commander, publish any comment received to its
thence to 30°47′21″ N., 081°29′39″ W.; Seventh Coast Guard District. public docket. Do not submit
thence to 30°48′00″ N., 081°29′42″ W.; [FR Doc. 2016–13861 Filed 6–10–16; 8:45 am] electronically any information you
thence to 30°49′07″ N., 081°29′56″ W.; consider to be Confidential Business
BILLING CODE 9110–04–P
thence to 30°49′55″ N., 081°30′35″ W.; Information (CBI) or other information
thence to 30°50′15″ N., 081°31′08″ W.; whose disclosure is restricted by statute.
thence to 30°50′14″ N., 081°31′30″ W.; Multimedia submissions (audio,
thence to 30°49′58″ N., 081°31′45″ W.; ENVIRONMENTAL PROTECTION video, etc.) must be accompanied by a
thence to 30°49′58″ N., 081°32′03″ W.; AGENCY written comment. The written comment
thence to 30°50′12″ N., 081°32′17″ W.; is considered the official comment and
thence following the land based 40 CFR Part 63
should include discussion of all points
perimeter boundary to the point of [EPA–HQ–OAR–2010–0544; FRL–9947–29– you wish to make. The EPA will
origin. OAR] generally not consider comments or
(c) Regulations. (1) No person or comment contents located outside of the
RIN 2060–AS94
vessel may enter or remain within the primary submission (i.e., on the Web,
security zone without the permission of National Emission Standards for cloud, or other file sharing system). For
the COTP Jacksonville or designated Hazardous Air Pollutants for additional submission methods, the full
representative. Secondary Aluminum Production EPA public comment policy,
(2) All persons and vessels in information about CBI or multimedia
authorized permission to enter the AGENCY: Environmental Protection submissions, and general guidance on
security zone shall immediately obey Agency (EPA). making effective comments, please visit
any direction or order of the COTP ACTION: Proposed rule. http://www2.epa.gov/dockets/
Jacksonville or designated commenting-epa-dockets.
representative. SUMMARY: The Environmental Protection FOR FURTHER INFORMATION CONTACT: Ms.
(3) This regulation does not apply to Agency (EPA) is proposing to amend the Rochelle Boyd, Sector Policies and
persons or vessels operating under the National Emission Standards for Programs Division (D243–02), Office of
authority of the United States Navy or Hazardous Air Pollutants for Secondary Air Quality Planning and Standards,
to authorized law enforcement agencies. Aluminum Production (Secondary U.S. Environmental Protection Agency,
■ 3. Add § 165.732 to read as follows: Aluminum NESHAP). In the ‘‘Rules and Research Triangle Park, North Carolina
Regulations’’ section of this Federal 27711; telephone number: (919) 541–
§ 165.732 Escorted Submarines Sector Register, we are publishing a direct final 1390; fax number: (919) 541–3207; and
Jacksonville Captain of the Port Zone. rule, without a prior proposed rule, that email address: boyd.rochelle@epa.gov.
(a) Location. The following areas are amends the final rule that was SUPPLEMENTARY INFORMATION:
regulated navigation areas (RNA) published in the Federal Register on
whenever any Navy submarine (foreign September 18, 2015, to correct I. Why is the EPA publishing this
or domestic) is being escorted by the inadvertent errors, to clarify rule proposed rule?
Coast Guard within the Sector requirements for initial performance The EPA is proposing to amend the
Jacksonville Captain of the Port Zone tests and submittal of malfunction Secondary Aluminum NESHAP. In
territorial seas: reports, to provide an additional option addition, the EPA has published a direct
(1) All waters within 1 nautical mile for new round top furnaces to account final rule amending the Secondary
of any Navy submarine operating within for unmeasured emissions during Aluminum NESHAP in the ‘‘Rules and
the Sector Jacksonville Captain of the compliance testing and to clarify what Regulations’’ section of this Federal
Port Zone territorial seas; and constitutes a change in furnace Register because we view this as a
(2) All waters within 1 nautical mile operating mode. The direct final rule noncontroversial action and anticipate
of the charted center of the navigation also updates Web site addresses for the no adverse comment. The direct final
channel from Crab Island in the EPA’s Electronic Reporting Tool (ERT) rule will correct inadvertent errors,
Cumberland Sound, Georgia to the St. and the Compliance and Emissions Data clarify rule requirements for initial
Marys Entrance Channel and its Reporting Interface (CEDRI). If we performance tests and submittal of
approach extending eastward to lighted receive no adverse comment, we will malfunction reports, extend to new
buoy ‘‘STM’’. not take further action on this proposed round top furnaces a compliance testing
mstockstill on DSK3G9T082PROD with PROPOSALS

(b) Regulations. All persons and rule. option to account for unmeasured
vessels located within a RNA created by DATES: Written comments must be emissions during compliance testing
paragraph (a) shall follow all orders received by July 28, 2016. that is already available to uncontrolled
and/or directions given to them by Coast Public Hearing. If anyone contacts the group 1 furnaces and clarify what
Guard escort personnel. 33 CFR 165, EPA requesting to speak at a public constitutes a change in furnace
Subpart B, contains additional hearing by June 20, 2016, we will hold operating mode. The direct final rule
provisions applicable to the RNA a public hearing on June 28, 2016 on the also updates Web site addresses for the
created in paragraph (a). EPA campus at 109 T.W. Alexander EPA’s ERT and CEDRI. We have

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before July 13, 2016.
Contact		If you have questions about this proposed rulemaking, call or email Lieutenant Allan Storm, Coast Guard Sector Jacksonville, Chief of Waterways Management, telephone (904) 564-7563, email [email protected]
FR Citation		81 FR 38119
RIN Number		1625-AA11
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways
81 FR 38119 - Regulated Navigation Areas; Escorted Submarines Sector Jacksonville Captain of the Port Zone

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 113 (June 13, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
