81_FR_50055 81 FR 49909 - Safety Zone, Banks Channel; Wrightsville Beach, NC

81 FR 49909 - Safety Zone, Banks Channel; Wrightsville Beach, NC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 146 (July 29, 2016)

Page Range49909-49911
FR Document2016-17927

The Coast Guard proposes to establish a temporary safety zone on the navigable waters adjacent to Harbor Island and Wrightsville Beach, NC. This proposed safety zone would restrict vessel movement on portions of Masonboro Inlet, Banks Channel, and Motts Channel during the PPD Ironman NC event on October 22, 2016. This action is necessary for the safety of life on the surrounding navigable waters during this event. We invite your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 146 (Friday, July 29, 2016)
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Proposed Rules]
[Pages 49909-49911]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17927]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0288]
RIN 1625-AA00


Safety Zone, Banks Channel; Wrightsville Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the navigable waters adjacent to Harbor Island and Wrightsville 
Beach, NC. This proposed safety zone would restrict vessel movement on 
portions of Masonboro Inlet, Banks Channel, and Motts Channel during 
the PPD Ironman NC event on October 22, 2016. This action is necessary 
for the safety of life on the surrounding navigable waters during this 
event. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 15, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0288 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 Petty Officer Ryan Phillips, Coast 
Guard Sector North Carolina, Coast Guard; telephone (910)772-2212, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On October 22, 2016, PPD Ironman NC notified the Coast Guard that 
as part of the PPD Ironman NC event approximately 2500 swimmers will 
compete along a course starting at Masonboro Inlet from 7 a.m. to 11 
a.m. on October 22, 2016. The course begins at approximate location 
latitude 34[deg]11'13'' N. longitude 077[deg]48'53'' W., continuing 
north in Banks Channel crossing at the approximate location latitude 
34[deg]12'14'' N. longitude 077[deg]48'04'' W. into Motts channel 
heading west stopping at Sea Path Marina where swimmers will exit the 
water approximately at latitude 34[deg]12'44'' N. longitude 
077[deg]48'25'' W. in Wrightsville Beach, NC.
    The purpose of this rulemaking is to ensure the safety of swimmers 
and rescue crews from hazards associated with vessel traffic and other 
hazards. The Coast Guard proposes this rulemaking under authority in: 
33 U.S.C. 1231; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department of 
Homeland Security Delegation No. 0170.1.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 7 a.m. to 11 a.m. 
on October 22, 2016. The safety zone would cover all navigable waters 
starting at the approximate position latitude 34[deg]11'13'' N., 
longitude 077[deg]48'53'' W., heading north to approximate position 
latitude 34[deg]12'14'' N., longitude 077[deg]48'04'' W., traveling 
west and ending at approximate position latitude 34[deg]12'44'' N., 
longitude 077[deg]48'25'' W. The duration of the zone is intended to 
ensure the safety of swimmers during the scheduled 7 a.m. to 11 a.m. 
swimming event. Except for vessels authorized by the COTP North 
Carolina or her designated representative, no person or vessel except 
safety crew designated by PPD Ironman NC may enter or remain in the 
safety zone. All persons and vessels granted permission to enter the 
zone must comply with the instructions of the COTP North Carolina or 
her designed representative.
    Notification of the temporary safety zone will be provided to the 
public via marine information broadcasts. 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 related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the

[[Page 49910]]

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 Executive 
Order 12866. Accordingly, the NPRM has not been reviewed by the Office 
of Management and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Coast Guard 
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the zone, and the rule would allow vessels to seek permission to 
enter the 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 
safety zone may be small entities, for the reasons 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 (Public Law 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 Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 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.

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 
rulemaking 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: a safety 
zone lasting 4 hours that would prohibit entry into the proposed safety 
zone. Normally such actions are categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. 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.

[[Page 49911]]

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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, 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add, under the undesignated center heading Fifth Coast Guard 
District, temporary Sec.  165.T05-0437 to read as follows:


Sec.  165.T05-0437  Safety Zone, Wrightsville Beach, NC.

    (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: all waters at 
Masonboro Inlet starting at approximate location latitude 
34[deg]11'13'' N. longitude 077[deg]48'53'' W., heading north in Banks 
Channel at approximate location latitude 34[deg]12'14'' N. longitude 
077[deg]48'04'' W., heading west into Motts channel and stopping at Sea 
Path Marina approximately at latitude 34[deg]12'44'' N. longitude 
077[deg]48'25'' W. in Wrightsville Beach, NC.
    (c) Regulations. (1) The general regulations contained in Sec.  
165.23 apply to the area described in paragraph (b) of this section.
    (2) Persons or vessels requesting entry into or passage through any 
portion of the safety zone must first request authorization from the 
Captain of the Port, or a designated representative. The Captain of the 
Port or his designated representative can be contacted at telephone 
number (910) 343-3882 or by radio on VHF Marine Band Radio, channels 13 
and 16.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 7 a.m. 
to 11 a.m. on October 22, 2016, unless cancelled earlier by the Captain 
of the Port.

    Dated: July 14, 2016.
P.J. Hill,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2016-17927 Filed 7-28-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                                 Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Proposed Rules                                         49909

                                                      Vessels Conducting Outer Continental                     DEPARTMENT OF HOMELAND                                34°11′13″ N. longitude 077°48′53″ W.,
                                                      Shelf Activities With Dynamic                            SECURITY                                              continuing north in Banks Channel
                                                      Positioning Systems (Docket No. USCG–                                                                          crossing at the approximate location
                                                      2014–0063, RIN 1625–AC16) (79 FR                         Coast Guard                                           latitude 34°12′14″ N. longitude
                                                      70943). The NPRM proposes to establish                                                                         077°48′04″ W. into Motts channel
                                                      minimum design, operation, training,                     33 CFR Part 165                                       heading west stopping at Sea Path
                                                      and manning standards for mobile                         [Docket Number USCG–2016–0288]                        Marina where swimmers will exit the
                                                      offshore drilling units and other vessels                                                                      water approximately at latitude
                                                                                                               RIN 1625–AA00                                         34°12′44″ N. longitude 077°48′25″ W. in
                                                      using dynamic positioning systems to
                                                      engage in Outer Continental Shelf                                                                              Wrightsville Beach, NC.
                                                                                                               Safety Zone, Banks Channel;                              The purpose of this rulemaking is to
                                                      activities. The Coast Guard has not yet                  Wrightsville Beach, NC                                ensure the safety of swimmers and
                                                      published a final rule on this subject.                                                                        rescue crews from hazards associated
                                                                                                               AGENCY:   Coast Guard, DHS.
                                                         Since the comment period closed, the                                                                        with vessel traffic and other hazards.
                                                                                                               ACTION:   Notice of proposed rulemaking.
                                                      Coast Guard has received inquiries                                                                             The Coast Guard proposes this
                                                      regarding availability of dynamic                        SUMMARY:   The Coast Guard proposes to                rulemaking under authority in: 33
                                                      positioning training certification                       establish a temporary safety zone on the              U.S.C. 1231; 33 CFR 1.05–1, 6.04–1,
                                                      programs. We are aware of three                          navigable waters adjacent to Harbor                   6.04–6, 160.5; Department of Homeland
                                                      industry accepted training certification                 Island and Wrightsville Beach, NC. This               Security Delegation No. 0170.1.
                                                      programs for dynamic positioning:                        proposed safety zone would restrict                   III. Discussion of Proposed Rule
                                                         • The Offshore Service Vessel                         vessel movement on portions of
                                                                                                               Masonboro Inlet, Banks Channel, and                      The COTP proposes to establish a
                                                      Dynamic Positioning Authority’s                                                                                safety zone from 7 a.m. to 11 a.m. on
                                                                                                               Motts Channel during the PPD Ironman
                                                      (OSVDPA) MPP–1–001, the OSVDPA’s                                                                               October 22, 2016. The safety zone
                                                                                                               NC event on October 22, 2016. This
                                                      Manual of Policies and Procedures                                                                              would cover all navigable waters
                                                                                                               action is necessary for the safety of life
                                                      (Version 1) (January 2016);                                                                                    starting at the approximate position
                                                                                                               on the surrounding navigable waters
                                                         • The Nautical Institute’s Dynamic                    during this event. We invite your                     latitude 34°11′13″ N., longitude
                                                      Positioning Operator’s Training and                      comments on this proposed rulemaking.                 077°48′53″ W., heading north to
                                                      Certification Scheme Version 1.1                         DATES: Comments and related material
                                                                                                                                                                     approximate position latitude 34°12′14″
                                                      (January 2015); and,                                     must be received by the Coast Guard on                N., longitude 077°48′04″ W., traveling
                                                                                                                                                                     west and ending at approximate
                                                         • Det Norske Veritas/Germanischer                     or before August 15, 2016.
                                                                                                                                                                     position latitude 34°12′44″ N., longitude
                                                      Lloyd’s Recommended Practice for                         ADDRESSES: You may submit comments
                                                                                                                                                                     077°48′25″ W. The duration of the zone
                                                      Certification Scheme for Dynamic                         identified by docket number USCG–                     is intended to ensure the safety of
                                                      Positioning Operators (DNVGL–RP–                         2016–0288 using the Federal                           swimmers during the scheduled 7 a.m.
                                                      0007).                                                   eRulemaking Portal at http://                         to 11 a.m. swimming event. Except for
                                                                                                               www.regulations.gov. See the ‘‘Public                 vessels authorized by the COTP North
                                                         The Coast Guard is providing this
                                                                                                               Participation and Request for                         Carolina or her designated
                                                      information to assist the public in
                                                                                                               Comments’’ portion of the                             representative, no person or vessel
                                                      locating dynamic positioning training                    SUPPLEMENTARY INFORMATION section for
                                                      certification programs, and does not                                                                           except safety crew designated by PPD
                                                                                                               further instructions on submitting                    Ironman NC may enter or remain in the
                                                      endorse or recommend any such                            comments.
                                                      program. To the extent that programs                                                                           safety zone. All persons and vessels
                                                      not listed above may exist, their absence                FOR FURTHER INFORMATION CONTACT:     If               granted permission to enter the zone
                                                      from the list is due entirely to the fact                you have questions about this proposed                must comply with the instructions of
                                                                                                               rulemaking, call or email Petty Officer               the COTP North Carolina or her
                                                      that the Coast Guard is unaware of
                                                                                                               Ryan Phillips, Coast Guard Sector North               designed representative.
                                                      them, and does not constitute or imply
                                                                                                               Carolina, Coast Guard; telephone                         Notification of the temporary safety
                                                      a determination that programs on the
                                                                                                               (910)772–2212, email Ryan.A.Phillips@                 zone will be provided to the public via
                                                      list are preferable to any that may exist                uscg.mil.                                             marine information broadcasts. The
                                                      and are not included on the list.                                                                              regulatory text we are proposing appears
                                                                                                               SUPPLEMENTARY INFORMATION:
                                                         This document is issued under                                                                               at the end of this document.
                                                      authority of 5 U.S.C. 552(a).                            I. Table of Abbreviations
                                                                                                                                                                     IV. Regulatory Analyses
                                                        Dated: July 26, 2016.                                  CFR Code of Federal Regulations
                                                                                                               DHS Department of Homeland Security                     We developed this proposed rule after
                                                      J.G. Lantz,                                                                                                    considering numerous statutes and
                                                                                                               FR Federal Register
                                                      Director of Commercial Regulations and                   NPRM Notice of proposed rulemaking                    Executive orders related to rulemaking.
                                                      Standards, United States Coast Guard.                    § Section                                             Below we summarize our analyses
                                                      [FR Doc. 2016–18036 Filed 7–28–16; 8:45 am]              U.S.C. United States Code                             based on a number of these statutes and
                                                      BILLING CODE 9110–04–P                                                                                         Executive orders and we discuss First
                                                                                                               II. Background, Purpose, and Legal
                                                                                                                                                                     Amendment rights of protestors.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                                                                               Basis
                                                                                                                  On October 22, 2016, PPD Ironman                   A. Regulatory Planning and Review
                                                                                                               NC notified the Coast Guard that as part                 Executive Orders 12866 and 13563
                                                                                                               of the PPD Ironman NC event                           direct agencies to assess the costs and
                                                                                                               approximately 2500 swimmers will                      benefits of available regulatory
                                                                                                               compete along a course starting at                    alternatives and, if regulation is
                                                                                                               Masonboro Inlet from 7 a.m. to 11 a.m.                necessary, to select regulatory
                                                                                                               on October 22, 2016. The course begins                approaches that maximize net benefits.
                                                                                                               at approximate location latitude                      Executive Order 13563 emphasizes the


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                                                      49910                      Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Proposed Rules

                                                      importance of quantifying both costs                     C. Collection of Information                          involves: a safety zone lasting 4 hours
                                                      and benefits, of reducing costs, of                        This proposed rule would not call for               that would prohibit entry into the
                                                      harmonizing rules, and of promoting                      a new collection of information under                 proposed safety zone. Normally such
                                                      flexibility. This NPRM has not been                      the Paperwork Reduction Act of 1995                   actions are categorically excluded from
                                                      designated a ‘‘significant regulatory                    (44 U.S.C. 3501–3520).                                further review under paragraph 34(g) of
                                                      action,’’ under Executive Order 12866.                                                                         Figure 2–1 of Commandant Instruction
                                                      Accordingly, the NPRM has not been                       D. Federalism and Indian Tribal                       M16475.lD. We seek any comments or
                                                      reviewed by the Office of Management                     Governments                                           information that may lead to the
                                                      and Budget.                                                 A rule has implications for federalism             discovery of a significant environmental
                                                         This regulatory action determination                  under Executive Order 13132,                          impact from this proposed rule.
                                                      is based on the size, location, duration,                Federalism, if it has a substantial direct
                                                                                                               effect on the States, on the relationship             G. Protest Activities
                                                      and time-of-day of the safety zone. Coast
                                                      Guard would issue a Broadcast Notice to                  between the national government and                     The Coast Guard respects the First
                                                      Mariners via VHF–FM marine channel                       the States, or on the distribution of                 Amendment rights of protesters.
                                                                                                               power and responsibilities among the
                                                      16 about the zone, and the rule would                                                                          Protesters are asked to contact the
                                                                                                               various levels of government. We have
                                                      allow vessels to seek permission to enter                                                                      person listed in the FOR FURTHER
                                                                                                               analyzed this proposed rule under that
                                                      the zone.                                                                                                      INFORMATION CONTACT section to
                                                                                                               Order and have determined that it is
                                                                                                                                                                     coordinate protest activities so that your
                                                      B. Impact on Small Entities                              consistent with the fundamental
                                                                                                               federalism principles and preemption                  message can be received without
                                                         The Regulatory Flexibility Act of                     requirements described in Executive                   jeopardizing the safety or security of
                                                      1980, 5 U.S.C. 601–612, as amended,                      Order 13132.                                          people, places, or vessels.
                                                      requires Federal agencies to consider                       Also, this proposed rule does not have             V. Public Participation and Request for
                                                      the potential impact of regulations on                   tribal implications under Executive                   Comments
                                                      small entities during rulemaking. The                    Order 13175, Consultation and
                                                      term ‘‘small entities’’ comprises small                  Coordination with Indian Tribal                          We view public participation as
                                                      businesses, not-for-profit organizations                 Governments, because it would not have                essential to effective rulemaking, and
                                                      that are independently owned and                         a substantial direct effect on one or                 will consider all comments and material
                                                      operated and are not dominant in their                   more Indian tribes, on the relationship               received during the comment period.
                                                      fields, and governmental jurisdictions                   between the Federal Government and                    Your comment can help shape the
                                                      with populations of less than 50,000.                    Indian tribes, or on the distribution of              outcome of this rulemaking. If you
                                                      The Coast Guard certifies under 5 U.S.C.                 power and responsibilities between the                submit a comment, please include the
                                                      605(b) that this proposed rule would not                 Federal Government and Indian tribes.                 docket number for this rulemaking,
                                                      have a significant economic impact on                    If you believe this proposed rule has                 indicate the specific section of this
                                                      a substantial number of small entities.                  implications for federalism or Indian                 document to which each comment
                                                                                                               tribes, please contact the person listed              applies, and provide a reason for each
                                                         While some owners or operators of
                                                                                                               in the FOR FURTHER INFORMATION                        suggestion or recommendation.
                                                      vessels intending to transit the safety                  CONTACT section.
                                                      zone may be small entities, for the                                                                               We encourage you to submit
                                                      reasons stated in section IV.A above this                E. Unfunded Mandates Reform Act                       comments through the Federal
                                                      proposed rule would not have a                              The Unfunded Mandates Reform Act                   eRulemaking Portal at http://
                                                      significant economic impact on any                       of 1995 (2 U.S.C. 1531–1538) requires                 www.regulations.gov. If your material
                                                      vessel owner or operator.                                Federal agencies to assess the effects of             cannot be submitted using http://
                                                         If you think that your business,                      their discretionary regulatory actions. In            www.regulations.gov, contact the person
                                                      organization, or governmental                            particular, the Act addresses actions                 in the FOR FURTHER INFORMATION
                                                      jurisdiction qualifies as a small entity                 that may result in the expenditure by a               CONTACT section of this document for
                                                      and that this rule would have a                          State, local, or tribal government, in the            alternate instructions.
                                                      significant economic impact on it,                       aggregate, or by the private sector of                   We accept anonymous comments. All
                                                      please submit a comment (see                             $100,000,000 (adjusted for inflation) or              comments received will be posted
                                                      ADDRESSES) explaining why you think it                   more in any one year. Though this                     without change to http://
                                                      qualifies and how and to what degree                     proposed rule would not result in such                www.regulations.gov and will include
                                                      this rule would economically affect it.                  an expenditure, we do discuss the                     any personal information you have
                                                                                                               effects of this rulemaking elsewhere in               provided. For more about privacy and
                                                         Under section 213(a) of the Small                     this preamble.
                                                      Business Regulatory Enforcement                                                                                the docket, you may review a Privacy
                                                      Fairness Act of 1996 (Public Law 104–                    F. Environment                                        Act notice regarding the Federal Docket
                                                      121), we want to assist small entities in                  We have analyzed this proposed rule                 Management System in the March 24,
                                                      understanding this proposed rule. If the                 under Department of Homeland                          2005, issue of the Federal Register (70
                                                      rule would affect your small business,                   Security Management Directive 023–01                  FR 15086).
                                                      organization, or governmental                            and Commandant Instruction                               Documents mentioned in this NPRM
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      jurisdiction and you have questions                      M16475.lD, which guide the Coast                      as being available in the docket, and all
                                                      concerning its provisions or options for                 Guard in complying with the National                  public comments, will be in our online
                                                      compliance, please contact the person                    Environmental Policy Act of 1969 (42                  docket at http://www.regulations.gov
                                                      listed in the FOR FURTHER INFORMATION                    U.S.C. 4321–4370f), and have made a                   and can be viewed by following that
                                                      CONTACT section. The Coast Guard will                    preliminary determination that this                   Web site’s instructions. Additionally, if
                                                      not retaliate against small entities that                action is one of a category of actions that           you go to the online docket and sign up
                                                      question or complain about this                          do not individually or cumulatively                   for email alerts, you will be notified
                                                      proposed rule or any policy or action of                 have a significant effect on the human                when comments are posted or a final
                                                      the Coast Guard.                                         environment. This proposed rule                       rule is published.


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                                                                                 Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Proposed Rules                                                49911

                                                      List of Subjects in 33 CFR Part 165                        Dated: July 14, 2016.                               FOR FURTHER INFORMATION CONTACT:
                                                                                                               P.J. Hill,                                            Richard Wong, Air Regulatory
                                                        Harbors, Marine safety, Navigation                                                                           Management Section, Air Planning and
                                                                                                               Captain, U.S. Coast Guard, Captain of the
                                                      (water), Reporting and recordkeeping                     Port North Carolina.                                  Implementation Branch, Air, Pesticides
                                                      requirements, Security measures, and                                                                           and Toxics Management Division, U.S.
                                                                                                               [FR Doc. 2016–17927 Filed 7–28–16; 8:45 am]
                                                      Waterways.                                                                                                     Environmental Protection Agency,
                                                                                                               BILLING CODE 9110–04–P
                                                        For the reasons discussed in the                                                                             Region 4, 61 Forsyth Street SW.,
                                                      preamble, the Coast Guard proposes to                                                                          Atlanta, Georgia 30303–8960. Mr. Wong
                                                      amend 33 CFR part 165 as follows:                        ENVIRONMENTAL PROTECTION                              can be reached via telephone at (404)
                                                                                                               AGENCY                                                562–8726 or via electronic mail at
                                                      PART 165—REGULATED NAVIGATION                                                                                  wong.richard@epa.gov.
                                                      AREAS AND LIMITED ACCESS AREAS                           40 CFR Part 52                                        SUPPLEMENTARY INFORMATION: In the
                                                                                                               [EPA–R04–OAR–2016–0129; FRL–9949–64–                  Rules and Regulations section of this
                                                      ■ 1. The authority citation for part 165                                                                       Federal Register, EPA is approving the
                                                                                                               Region 4]
                                                      continues to read as follows:                                                                                  State’s implementation plan revision as
                                                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;              Air Plan Approval; Alabama: Volatile                  a direct final rule without prior proposal
                                                      33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;                    Organic Compounds                                     because the Agency views this as a
                                                      Department of Homeland Security Delegation                                                                     noncontroversial submittal and
                                                      No. 0170.1.                                              AGENCY:  Environmental Protection
                                                                                                               Agency (EPA).                                         anticipates no adverse comments. A
                                                      ■ 2. Add, under the undesignated center                                                                        detailed rationale for the approval is set
                                                                                                               ACTION: Proposed rule.
                                                      heading Fifth Coast Guard District,                                                                            forth in the direct final rule. If no
                                                      temporary § 165.T05–0437 to read as                      SUMMARY:    The Environmental Protection              adverse comments are received in
                                                      follows:                                                 Agency (EPA) is proposing to approve a                response to this rule, no further activity
                                                                                                               revision to the Alabama State                         is contemplated. If EPA receives adverse
                                                      § 165.T05–0437      Safety Zone, Wrightsville            Implementation Plan submitted by the                  comments, the direct final rule will be
                                                      Beach, NC.                                                                                                     withdrawn and all public comments
                                                                                                               Alabama Department of Environmental
                                                        (a) Definitions. For the purposes of                   Management on October 26, 2015. The                   received will be addressed in a
                                                      this section, Captain of the Port means                  revision modifies the definition of                   subsequent final rule based on this
                                                      the Commander, Sector North Carolina.                    ‘‘volatile organic compounds’’ (VOC).                 proposed rule. EPA will not institute a
                                                      Representative means any Coast Guard                     Specifically, the revision adds three                 second comment period on this
                                                      commissioned, warrant, or petty officer                  compounds to the list of those excluded               document. Any parties interested in
                                                      who has been authorized to act on the                    from the VOC definition on the basis                  commenting on this document should
                                                      behalf of the Captain of the Port.                       that these compounds make a negligible                do so at this time.
                                                        (b) Location. The following area is a                  contribution to tropospheric ozone                      Dated: July 15, 2016.
                                                      safety zone: all waters at Masonboro                     formation. This action is being taken                 Heather McTeer Toney,
                                                      Inlet starting at approximate location                   pursuant to the Clean Air Act.
                                                                                                                                                                     Regional Administrator, Region 4.
                                                      latitude 34°11′13″ N. longitude                          DATES: Written comments must be
                                                                                                                                                                     [FR Doc. 2016–17813 Filed 7–28–16; 8:45 am]
                                                      077°48′53″ W., heading north in Banks                    received on or before August 29, 2016.
                                                                                                                                                                     BILLING CODE 6560–50–P
                                                      Channel at approximate location                          ADDRESSES: Submit your comments,
                                                      latitude 34°12′14″ N. longitude                          identified by Docket ID No. EPA–R04–
                                                      077°48′04″ W., heading west into Motts                   OAR–2016–0129 at http://                              ENVIRONMENTAL PROTECTION
                                                      channel and stopping at Sea Path                         www.regulations.gov. Follow the online                AGENCY
                                                      Marina approximately at latitude                         instructions for submitting comments.
                                                      34°12′44″ N. longitude 077°48′25″ W. in                  Once submitted, comments cannot be                    40 CFR Part 52
                                                      Wrightsville Beach, NC.                                  edited or removed from Regulations.gov.
                                                                                                               EPA may publish any comment received                  [EPA–R07–OAR–2016–0407; FRL–9949–67–
                                                         (c) Regulations. (1) The general                                                                            Region 7]
                                                      regulations contained in § 165.23 apply                  to its public docket. Do not submit
                                                      to the area described in paragraph (b) of                electronically any information you                    Partial Approval and Partial
                                                      this section.                                            consider to be Confidential Business                  Disapproval of Implementation Plans;
                                                                                                               Information (CBI) or other information                State of Iowa; Infrastructure SIP
                                                         (2) Persons or vessels requesting entry
                                                                                                               whose disclosure is restricted by statute.            Requirements for the 2008 Ozone
                                                      into or passage through any portion of
                                                                                                               Multimedia submissions (audio, video,                 National Ambient Air Quality Standard
                                                      the safety zone must first request
                                                                                                               etc.) must be accompanied by a written
                                                      authorization from the Captain of the                    comment. The written comment is                       AGENCY:  Environmental Protection
                                                      Port, or a designated representative. The                considered the official comment and                   Agency (EPA).
                                                      Captain of the Port or his designated                    should include discussion of all points
                                                      representative can be contacted at                                                                             ACTION: Proposed rule.
                                                                                                               you wish to make. EPA will generally
                                                      telephone number (910) 343–3882 or by                    not consider comments or comment                      SUMMARY:   The Environmental Protection
                                                      radio on VHF Marine Band Radio,                          contents located outside of the primary               Agency (EPA) is proposing to partially
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      channels 13 and 16.                                      submission (i.e. on the Web, Cloud, or                approve and partially disapprove
                                                         (d) Enforcement. The U.S. Coast                       other file sharing system). For                       elements of a State Implementation Plan
                                                      Guard may be assisted in the patrol and                  additional submission methods, the full               (SIP) submission from the State of Iowa
                                                      enforcement of the zone by Federal,                      EPA public comment policy,                            for the 2008 National Ambient Air
                                                      State, and local agencies.                               information about CBI or multimedia                   Quality Standards (NAAQS) for ozone.
                                                         (e) Enforcement period. This section                  submissions, and general guidance on                  Infrastructure SIPs address the
                                                      will be enforced from 7 a.m. to 11 a.m.                  making effective comments, please visit               applicable requirements of Clean Air
                                                      on October 22, 2016, unless cancelled                    http://www2.epa.gov/dockets/                          Act (CAA) section 110, which requires
                                                      earlier by the Captain of the Port.                      commenting-epa-dockets.                               that each state adopt and submit a SIP


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Document Created: 2018-02-08 07:51:47
Document Modified: 2018-02-08 07:51:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before August 15, 2016.
ContactIf you have questions about this proposed rulemaking, call or email Petty Officer Ryan Phillips, Coast Guard Sector North Carolina, Coast Guard; telephone (910)772-2212, email [email protected]
FR Citation81 FR 49909 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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