82_FR_47095 82 FR 46901 - Safety Zone; Atlantic Intracoastal Waterway, Camp Lejeune, NC

82 FR 46901 - Safety Zone; Atlantic Intracoastal Waterway, Camp Lejeune, NC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 194 (October 10, 2017)

Page Range46901-46903
FR Document2017-21709

The Coast Guard is establishing a temporary safety zone on the Atlantic Intracoastal Waterway in Camp Lejeune, North Carolina in support of military training exercises. This temporary safety zone is intended to restrict vessel traffic from a portion of the Atlantic Intracoastal Waterway between Mile Hammock Bay and Onslow Beach Swing Bridge during military training operations. This action is intended to restrict vessel traffic on the Atlantic Intracoastal Waterway to protect mariners, vessels, and training exercise participants from the hazards associated with military training operations. Entry of vessels or persons into this safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) North Carolina or a designated representative.

Federal Register, Volume 82 Issue 194 (Tuesday, October 10, 2017)
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46901-46903]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21709]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0792]
RIN 1625-AA00


Safety Zone; Atlantic Intracoastal Waterway, Camp Lejeune, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Atlantic Intracoastal Waterway in Camp Lejeune, North Carolina in 
support of military training exercises. This temporary safety zone is 
intended to restrict vessel traffic from a portion of the Atlantic 
Intracoastal Waterway between Mile Hammock Bay and Onslow Beach Swing 
Bridge during military training operations. This action is intended to 
restrict vessel traffic on the Atlantic Intracoastal Waterway to 
protect mariners, vessels, and training exercise participants from the 
hazards associated with military training operations. Entry of vessels 
or persons into this safety zone is prohibited unless specifically 
authorized by the Captain of the Port (COTP) North Carolina or a 
designated representative.

DATES: This rule is effective from October 10, 2017 through October 30, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0792 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact Petty Officer Matthew Tyson, Waterways Management Division, 
U.S. Coast Guard Sector North Carolina, Wilmington, NC; telephone: 910-
772-2221, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
ICW IntraCoastal Waterway

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. The Coast Guard was notified of the final 
dates needed for this rule on August 17, 2017. It is impracticable and 
contrary to the public interest to delay this action. Waiting for a 
comment period to run would inhibit the Coast Guards' ability to 
protect the public and participants from the dangers associated with 
the military exercises scheduled from October 10 through October 30, 
2017.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register. Immediate implementation is 
required to protect the public and participants from the dangers 
associated with the military training exercises.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP North Carolina has determined that potential hazards 
associated with the military exercises scheduled from October 10 
through October 30, 2017, is a safety concern for mariners and 
participants. The military training exercises involve building 
temporary bridges, crossing with amphibious vehicles, and other 
military operations on the ICW. These military training activities will 
block the waterway in a manner that restricts all vessel navigation and 
movement within this segment of the ICW. This rule is necessary to 
protect persons and vessels from the potential hazards associated with 
the military training exercises.

IV. Discussion of the Rule

    The safety zone will be enforced on the following dates and times 
in October 2017:

------------------------------------------------------------------------
                Date                                 Time
------------------------------------------------------------------------
10th-12th...........................  8 a.m. through 11 a.m. and 1 p.m.
                                       through 4 p.m.
13th................................  9 a.m. through 12 p.m. and 1 p.m.
                                       through 4 p.m.
18th................................  8 a.m. through 12 p.m.
24th................................  8 a.m. through 12 p.m. and 1 p.m.
                                       through 4 p.m.
25th-26th...........................  9 a.m. through 1 p.m. and 2 p.m.
                                       through 5 p.m.
27th-28th...........................  7 a.m. through 5 p.m.
29th-30th...........................  7 a.m. through 11 a.m.
------------------------------------------------------------------------

    The safety zone will include all navigable waters of the ICW from 
Mile Hammock Bay, approximate position 34[deg]32'46'' N., 
77[deg]19'17'' W., to Onslow Beach Swing Bridge approximate position 
34[deg]34'25'' N., 77[deg]16'14'' W. (NAD 1983), an approximately four 
mile portion of the ICW. The duration of this zone is intended to 
protect mariners from the hazards associated with military training 
operations. No vessel or person will be permitted to enter the safety 
zone unless specifically authorized by the Captain of the Port North 
Carolina or a designated representative. The regulatory text appears at 
the end of this document.

[[Page 46902]]

V. Regulatory Analyses

    We developed this 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Vessel traffic will not be 
allowed to enter or transit a portion of the ICW for up to 10 hours on 
12 separate days. The Coast Guard will issue a Local Notice to Mariners 
and transmit a Broadcast Notice to Mariners via VHF-FM marine channel 
16 regarding the safety zone. This portion of the ICW has been 
determined to be a low traffic area. Vessels needing to transit the 
area during these times can safely transit offshore using New River 
Inlet to the south and Browns Inlet to the north. This rule does not 
allow vessels to request permission to enter the safety 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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While the precise number of small entities impacted is unknown, the 
ICW has a low number of vessels transiting the area planned for the 
safety zone during the enforcement period. Although some owners or 
operators of vessels intending to transit the safety zone may be small 
entities, for the reasons stated in section V.A. above, this rule will 
not have a significant economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting for up to 10 hours on 12 separate 
days that would prohibit entry into an approximately four mile portion 
of the ICW for military training exercises. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

[[Page 46903]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T05-0792 to read as follows:


Sec.  165.T05-0792   Safety Zone, Atlantic Intracoastal Waterway; Camp 
Lejeune, NC.

    (a) Location. The following area is a safety zone: All waters on 
the Atlantic Intracoastal Waterway, from approximate position 
34[deg]32'46'' N., 77[deg]19'17'' W. to 34[deg]34'25'' N., 
77[deg]16'14'' W. (NAD 1983) at Camp Lejeune, NC.
    (b) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard commissioned, warrant, or petty officer designated by the 
Captain of the Port North Carolina (COTP) for the enforcement of the 
safety zone. ``Captain of the Port'' means the Commander, Sector North 
Carolina. ``Participants'' means persons and vessels involved in 
support of a military exercise.
    (c) Regulations. (1) The general regulations governing safety zones 
in Sec.  165.23 apply to the area described in paragraph (a) of this 
section.
    (2) With the exception of participants, entry into or remaining in 
this safety zone is prohibited unless authorized by the Captain of the 
Port, North Carolina or designated representative(s).
    (3) All vessels within this safety zone when this section becomes 
effective must depart the zone immediately.
    (4) The Captain of the Port, North Carolina can be reached through 
the Coast Guard Sector North Carolina Command Duty Officer, Wilmington, 
North Carolina at telephone number 910-343-3882.
    (5) The Coast Guard and designated security vessels enforcing the 
safety zone can be contacted on VHF-FM marine band radio channel 13 
(165.65 MHz) and channel 16 (156.8 MHz).
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.
    (e) Enforcement periods. This section will be enforced on the 
following dates and times in October 2017:

------------------------------------------------------------------------
                Date                                 Time
------------------------------------------------------------------------
10th-12th...........................  8 a.m. through 11 a.m. and 1 p.m.
                                       through 4 p.m.
13th................................  9 a.m. through 12 p.m. and 1 p.m.
                                       through 4 p.m.
18th................................  8 a.m. through 12 p.m.
24th................................  8 a.m. through 12 p.m. and 1 p.m.
                                       through 4 p.m.
25th-26th...........................  9 a.m. through 1 p.m. and 2 p.m.
                                       through 5 p.m.
27th-28th...........................  7 a.m. through 5 p.m.
29th-30th...........................  7 a.m. through 11 a.m.
------------------------------------------------------------------------


    Dated: October 3, 2017.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2017-21709 Filed 10-6-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations                                                46901

                                             whether FDA planned to exempt the                       is intended to restrict vessel traffic on                Under 5 U.S.C. 553(d)(3), the Coast
                                             device from premarket notification                      the Atlantic Intracoastal Waterway to                 Guard finds that good cause exists for
                                             requirements under section 510(k) of the                protect mariners, vessels, and training               making this temporary rule effective less
                                             Federal Food, Drug, and Cosmetic Act                    exercise participants from the hazards                than 30 days after publication in the
                                             (the FD&C Act) (21 U.S.C. 360(k)).                      associated with military training                     Federal Register. Immediate
                                                                                                     operations. Entry of vessels or persons               implementation is required to protect
                                             Correction
                                                                                                     into this safety zone is prohibited unless            the public and participants from the
                                                In the Federal Register of July 28,                  specifically authorized by the Captain of             dangers associated with the military
                                             2017, in FR Doc. 2017–15901, the                        the Port (COTP) North Carolina or a                   training exercises.
                                             following correction is made:                           designated representative.
                                                On page 35066, at the bottom of the                                                                        III. Legal Authority and Need for Rule
                                                                                                     DATES: This rule is effective from
                                             page below table 1, beginning in the first
                                                                                                     October 10, 2017 through October 30,                     The Coast Guard is issuing this rule
                                             column, the third paragraph is corrected
                                                                                                     2017.                                                 under authority in 33 U.S.C. 1231. The
                                             as follows:
                                                ‘‘Section 510(m) of the FD&C Act                     ADDRESSES:   To view documents                        COTP North Carolina has determined
                                             provides that FDA may exempt a class                    mentioned in this preamble as being                   that potential hazards associated with
                                             II device from the premarket notification               available in the docket, go to http://                the military exercises scheduled from
                                             requirements under section 510(k), if                   www.regulations.gov, type USCG–2017–                  October 10 through October 30, 2017, is
                                             FDA determines that premarket                           0792 in the ‘‘SEARCH’’ box and click                  a safety concern for mariners and
                                             notification is not necessary to provide                ‘‘SEARCH.’’ Click on Open Docket                      participants. The military training
                                             reasonable assurance of the safety and                  Folder on the line associated with this               exercises involve building temporary
                                             effectiveness of the device. For this type              rule.                                                 bridges, crossing with amphibious
                                             of device, FDA has determined that                      FOR FURTHER INFORMATION CONTACT: If                   vehicles, and other military operations
                                             premarket notification is necessary to                  you have questions on this rule, contact              on the ICW. These military training
                                             provide reasonable assurance of the                     Petty Officer Matthew Tyson,                          activities will block the waterway in a
                                             safety and effectiveness of the device.                 Waterways Management Division, U.S.                   manner that restricts all vessel
                                             Therefore, this device type is not                      Coast Guard Sector North Carolina,                    navigation and movement within this
                                             exempt from premarket notification                      Wilmington, NC; telephone: 910–772–                   segment of the ICW. This rule is
                                             requirements. Persons who intend to                     2221, email: Matthew.I.Tyson@uscg.mil.                necessary to protect persons and vessels
                                             market this type of device must submit                  SUPPLEMENTARY INFORMATION:                            from the potential hazards associated
                                             to FDA a premarket notification, prior to                                                                     with the military training exercises.
                                             marketing the device, which contains                    I. Table of Abbreviations
                                             information about the adjunctive                                                                              IV. Discussion of the Rule
                                                                                                     CFR Code of Federal Regulations
                                             cardiovascular status indicator they                    COTP Captain of the Port
                                             intend to market.’’                                                                                             The safety zone will be enforced on
                                                                                                     DHS Department of Homeland Security
                                                                                                     FR Federal Register
                                                                                                                                                           the following dates and times in October
                                               Dated: October 2, 2017.                                                                                     2017:
                                                                                                     NPRM Notice of proposed rulemaking
                                             Leslie Kux,
                                                                                                     § Section
                                             Associate Commissioner for Policy.                      U.S.C. United States Code                                   Date                        Time
                                             [FR Doc. 2017–21659 Filed 10–6–17; 8:45 am]             ICW IntraCoastal Waterway
                                             BILLING CODE 4164–01–P                                                                                        10th–12th .....       8 a.m. through 11 a.m. and 1
                                                                                                     II. Background Information and                                                p.m. through 4 p.m.
                                                                                                     Regulatory History                                    13th ..............   9 a.m. through 12 p.m. and 1
                                                                                                        The Coast Guard is issuing this                                            p.m. through 4 p.m.
                                             DEPARTMENT OF HOMELAND                                                                                        18th ..............   8 a.m. through 12 p.m.
                                             SECURITY                                                temporary rule without prior notice and
                                                                                                     opportunity to comment pursuant to                    24th ..............   8 a.m. through 12 p.m. and 1
                                                                                                                                                                                   p.m. through 4 p.m.
                                             Coast Guard                                             authority under section 4(a) of the
                                                                                                                                                           25th–26th .....       9 a.m. through 1 p.m. and 2
                                                                                                     Administrative Procedure Act (APA) (5                                         p.m. through 5 p.m.
                                             33 CFR Part 165                                         U.S.C. 553(b)). This provision                        27th–28th .....       7 a.m. through 5 p.m.
                                                                                                     authorizes an agency to issue a rule                  29th–30th .....       7 a.m. through 11 a.m.
                                             [Docket Number USCG–2017–0792]
                                                                                                     without prior notice and opportunity to
                                             RIN 1625–AA00                                           comment when the agency for good
                                                                                                     cause finds that those procedures are                    The safety zone will include all
                                             Safety Zone; Atlantic Intracoastal                      ‘‘impracticable, unnecessary, or contrary             navigable waters of the ICW from Mile
                                             Waterway, Camp Lejeune, NC                              to the public interest.’’ Under 5 U.S.C.              Hammock Bay, approximate position
                                                                                                     553(b)(B), the Coast Guard finds that                 34°32′46″ N., 77°19′17″ W., to Onslow
                                             AGENCY:    Coast Guard, DHS.
                                                                                                     good cause exists for not publishing a                Beach Swing Bridge approximate
                                             ACTION:   Temporary final rule.                                                                               position 34°34′25″ N., 77°16′14″ W.
                                                                                                     notice of proposed rulemaking (NPRM)
                                             SUMMARY:    The Coast Guard is                          with respect to this rule. The Coast                  (NAD 1983), an approximately four mile
                                             establishing a temporary safety zone on                 Guard was notified of the final dates                 portion of the ICW. The duration of this
                                             the Atlantic Intracoastal Waterway in                   needed for this rule on August 17, 2017.              zone is intended to protect mariners
                                             Camp Lejeune, North Carolina in                         It is impracticable and contrary to the               from the hazards associated with
Pmangrum on DSK3GDR082PROD with RULES




                                             support of military training exercises.                 public interest to delay this action.                 military training operations. No vessel
                                             This temporary safety zone is intended                  Waiting for a comment period to run                   or person will be permitted to enter the
                                             to restrict vessel traffic from a portion of            would inhibit the Coast Guards’ ability               safety zone unless specifically
                                             the Atlantic Intracoastal Waterway                      to protect the public and participants                authorized by the Captain of the Port
                                             between Mile Hammock Bay and                            from the dangers associated with the                  North Carolina or a designated
                                             Onslow Beach Swing Bridge during                        military exercises scheduled from                     representative. The regulatory text
                                             military training operations. This action               October 10 through October 30, 2017.                  appears at the end of this document.


                                        VerDate Sep<11>2014   14:55 Oct 06, 2017   Jkt 244001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\10OCR1.SGM   10OCR1


                                             46902            Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations

                                             V. Regulatory Analyses                                  Although some owners or operators of                  Government and Indian tribes. If you
                                               We developed this rule after                          vessels intending to transit the safety               believe this rule has implications for
                                             considering numerous statutes and                       zone may be small entities, for the                   federalism or Indian tribes, please
                                             Executive orders related to rulemaking.                 reasons stated in section V.A. above,                 contact the person listed in the FOR
                                             Below we summarize our analyses                         this rule will not have a significant                 FURTHER INFORMATION CONTACT section
                                                                                                     economic impact on any vessel owner                   above.
                                             based on a number of these statutes and
                                                                                                     or operator.
                                             Executive orders, and we discuss First                                                                        E. Unfunded Mandates Reform Act
                                                                                                        Under section 213(a) of the Small
                                             Amendment rights of protestors.                         Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                             A. Regulatory Planning and Review                       Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                     we want to assist small entities in                   Federal agencies to assess the effects of
                                                Executive Orders 12866 and 13563
                                                                                                     understanding this rule. If the rule                  their discretionary regulatory actions. In
                                             direct agencies to assess the costs and
                                                                                                     would affect your small business,                     particular, the Act addresses actions
                                             benefits of available regulatory
                                                                                                     organization, or governmental                         that may result in the expenditure by a
                                             alternatives and, if regulation is
                                                                                                     jurisdiction and you have questions                   State, local, or tribal government, in the
                                             necessary, to select regulatory
                                                                                                     concerning its provisions or options for              aggregate, or by the private sector of
                                             approaches that maximize net benefits.
                                                                                                     compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                             Executive Order 13771 directs agencies
                                                                                                     listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                             to control regulatory costs through a
                                                                                                     CONTACT section.
                                             budgeting process. This rule has not                                                                          will not result in such an expenditure,
                                                                                                        Small businesses may send comments
                                             been designated a ‘‘significant                                                                               we do discuss the effects of this rule
                                                                                                     on the actions of Federal employees
                                             regulatory action,’’ under Executive                                                                          elsewhere in this preamble.
                                                                                                     who enforce, or otherwise determine
                                             Order 12866. Accordingly, this rule has                 compliance with, Federal regulations to               F. Environment
                                             not been reviewed by the Office of                      the Small Business and Agriculture
                                             Management and Budget (OMB), and                        Regulatory Enforcement Ombudsman                         We have analyzed this rule under
                                             pursuant to OMB guidance it is exempt                   and the Regional Small Business                       Department of Homeland Security
                                             from the requirements of Executive                      Regulatory Fairness Boards. The                       Management Directive 023–01 and
                                             Order 13771.                                            Ombudsman evaluates these actions                     Commandant Instruction M16475.lD,
                                                This regulatory action determination                 annually and rates each agency’s                      which guide the Coast Guard in
                                             is based on the size, location, and                     responsiveness to small business. If you              complying with the National
                                             duration of the safety zone. Vessel                     wish to comment on actions by                         Environmental Policy Act of 1969 (42
                                             traffic will not be allowed to enter or                 employees of the Coast Guard, call                    U.S.C. 4321–4370f), and have
                                             transit a portion of the ICW for up to 10               1–888–REG–FAIR (1–888–734–3247).                      determined that this action is one of a
                                             hours on 12 separate days. The Coast                    The Coast Guard will not retaliate                    category of actions that do not
                                             Guard will issue a Local Notice to                      against small entities that question or               individually or cumulatively have a
                                             Mariners and transmit a Broadcast                       complain about this rule or any policy                significant effect on the human
                                             Notice to Mariners via VHF–FM marine                    or action of the Coast Guard.                         environment. This rule involves a safety
                                             channel 16 regarding the safety zone.                                                                         zone lasting for up to 10 hours on 12
                                             This portion of the ICW has been                        C. Collection of Information                          separate days that would prohibit entry
                                             determined to be a low traffic area.                      This rule will not call for a new                   into an approximately four mile portion
                                             Vessels needing to transit the area                     collection of information under the                   of the ICW for military training
                                             during these times can safely transit                   Paperwork Reduction Act of 1995 (44                   exercises. It is categorically excluded
                                             offshore using New River Inlet to the                   U.S.C. 3501–3520).                                    from further review under paragraph
                                             south and Browns Inlet to the north.                                                                          34(g) of Figure 2–1 of the Commandant
                                             This rule does not allow vessels to                     D. Federalism and Indian Tribal                       Instruction. A Record of Environmental
                                             request permission to enter the safety                  Governments                                           Consideration supporting this
                                             zone.                                                      A rule has implications for federalism             determination is available in the docket
                                                                                                     under Executive Order 13132,                          where indicated under ADDRESSES.
                                             B. Impact on Small Entities
                                                                                                     Federalism, if it has a substantial direct
                                                The Regulatory Flexibility Act of                    effect on the States, on the relationship             G. Protest Activities
                                             1980, 5 U.S.C. 601–612, as amended,                     between the national government and                     The Coast Guard respects the First
                                             requires Federal agencies to consider                   the States, or on the distribution of                 Amendment rights of protesters.
                                             the potential impact of regulations on                  power and responsibilities among the                  Protesters are asked to contact the
                                             small entities during rulemaking. The                   various levels of government. We have                 person listed in the FOR FURTHER
                                             term ‘‘small entities’’ comprises small                 analyzed this rule under that Order and               INFORMATION CONTACT section to
                                             businesses, not-for-profit organizations                have determined that it is consistent                 coordinate protest activities so that your
                                             that are independently owned and                        with the fundamental federalism                       message can be received without
                                             operated and are not dominant in their                  principles and preemption requirements                jeopardizing the safety or security of
                                             fields, and governmental jurisdictions                  described in Executive Order 13132.                   people, places or vessels.
                                             with populations of less than 50,000.                      Also, this rule does not have tribal
                                             The Coast Guard certifies under 5 U.S.C.                implications under Executive Order                    List of Subjects in 33 CFR Part 165
                                             605(b) that this rule will not have a                   13175, Consultation and Coordination
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                                                                                                                                                             Harbors, Marine safety, Navigation
                                             significant economic impact on a                        with Indian Tribal Governments,
                                                                                                                                                           (water), Reporting and recordkeeping
                                             substantial number of small entities.                   because it does not have a substantial
                                                                                                                                                           requirements, Security measures,
                                                While the precise number of small                    direct effect on one or more Indian
                                                                                                                                                           Waterways.
                                             entities impacted is unknown, the ICW                   tribes, on the relationship between the
                                             has a low number of vessels transiting                  Federal Government and Indian tribes,                   For the reasons discussed in the
                                             the area planned for the safety zone                    or on the distribution of power and                   preamble, the Coast Guard amends 33
                                             during the enforcement period.                          responsibilities between the Federal                  CFR part 165 as follows:


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                                                                   Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations                                                     46903

                                             PART 165—REGULATED NAVIGATION                                      Date                           Time                 Business Information (CBI) or other
                                             AREAS AND LIMITED ACCESS AREAS                                                                                         information whose disclosure is
                                                                                                          18th ..............    8 a.m. through 12 p.m.             restricted by statute. Certain other
                                             ■ 1. The authority citation for part 165                     24th ..............    8 a.m. through 12 p.m. and 1       material, such as copyrighted material,
                                             continues to read as follows:                                                         p.m. through 4 p.m.              is not placed on the Internet and will be
                                                                                                          25th–26th .....        9 a.m. through 1 p.m. and 2        publicly available only in hard copy
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                                                   p.m. through 5 p.m.
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                          27th–28th .....        7 a.m. through 5 p.m.
                                                                                                                                                                    form. Publicly available docket
                                             Department of Homeland Security Delegation                                                                             materials are available through http://
                                             No. 0170.1.                                                  29th–30th .....        7 a.m. through 11 a.m.
                                                                                                                                                                    www.regulations.gov, or please contact
                                             ■ 2. Add § 165.T05–0792 to read as                                                                                     the person identified in the FOR FURTHER
                                                                                                            Dated: October 3, 2017.
                                             follows:                                                                                                               INFORMATION CONTACT section for
                                                                                                          Bion B. Stewart,                                          additional availability information.
                                             § 165.T05–0792 Safety Zone, Atlantic                         Captain, U.S. Coast Guard, Captain of the
                                             Intracoastal Waterway; Camp Lejeune, NC.                                                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                          Port North Carolina.
                                                                                                                                                                    Krishna Viswanathan, EPA, Region IX,
                                                (a) Location. The following area is a                     [FR Doc. 2017–21709 Filed 10–6–17; 8:45 am]
                                                                                                                                                                    Air Division, Air Planning Office, (520)
                                             safety zone: All waters on the Atlantic                      BILLING CODE 9110–04–P                                    999–7880 or viswanathan.krishna@
                                             Intracoastal Waterway, from
                                             approximate position 34°32′46″ N.,                                                                                     epa.gov.
                                             77°19′17″ W. to 34°34′25″ N., 77°16′14″                                                                                SUPPLEMENTARY INFORMATION:
                                             W. (NAD 1983) at Camp Lejeune, NC.                           ENVIRONMENTAL PROTECTION                                  Throughout this document, ‘‘we,’’ ‘‘us,’’
                                                (b) Definitions. As used in this                          AGENCY                                                    and ‘‘our’’ refer to the EPA.
                                             section, ‘‘designated representative’’
                                                                                                          40 CFR Part 52                                            Table of Contents
                                             means a Coast Guard Patrol
                                             Commander, including a Coast Guard                           [EPA–R09–OAR–2017–0092, FRL–9968–97–                      I. General Information
                                             commissioned, warrant, or petty officer                      Region 9]                                                 II. Proposed Action
                                             designated by the Captain of the Port                                                                                  III. Public Comments and EPA Responses
                                             North Carolina (COTP) for the                                Approval and Promulgation of Air                          IV. Final Action
                                                                                                          Quality Implementation Plans; Arizona;                    V. Environmental Justice Considerations
                                             enforcement of the safety zone.                                                                                        VI. Incorporation by Reference
                                             ‘‘Captain of the Port’’ means the                            Regional Haze State and Federal
                                                                                                                                                                    VII. Statutory and Executive Order Reviews
                                             Commander, Sector North Carolina.                            Implementation Plans
                                             ‘‘Participants’’ means persons and                                                                                     I. General Information
                                                                                                          AGENCY:  Environmental Protection
                                             vessels involved in support of a military                    Agency (EPA).                                             Definitions
                                             exercise.
                                                (c) Regulations. (1) The general                          ACTION: Final rule.                                         For the purpose of this document, we
                                             regulations governing safety zones in                                                                                  are giving meaning to certain words or
                                                                                                          SUMMARY:    The Environmental Protection                  initials as follows:
                                             § 165.23 apply to the area described in                      Agency (EPA) is approving a source-
                                             paragraph (a) of this section.                                                                                           • The initials ADEQ mean or refer to
                                                                                                          specific revision to the Arizona state                    the Arizona Department of
                                                (2) With the exception of participants,
                                                                                                          implementation plan (SIP) that provides                   Environmental Quality.
                                             entry into or remaining in this safety
                                                                                                          an alternative to Best Available Retrofit                   • The words Arizona and State mean
                                             zone is prohibited unless authorized by
                                                                                                          Technology (BART) for the Coronado                        the State of Arizona.
                                             the Captain of the Port, North Carolina
                                                                                                          Generating Station (‘‘Coronado’’),                          • The word Coronado refers to the
                                             or designated representative(s).
                                                                                                          owned and operated by the Salt River                      Coronado Generating Station.
                                                (3) All vessels within this safety zone
                                             when this section becomes effective
                                                                                                          Project Agricultural Improvement and                        • The initials BART mean or refer to
                                                                                                          Power District (SRP). The EPA has                         Best Available Retrofit Technology.
                                             must depart the zone immediately.
                                                (4) The Captain of the Port, North                        determined that the BART alternative                        • The initials BOD mean or refer to
                                             Carolina can be reached through the                          for Coronado would provide greater                        boiler operating day.
                                             Coast Guard Sector North Carolina                            reasonable progress toward natural                          • The term Class I area refers to a
                                             Command Duty Officer, Wilmington,                            visibility conditions than BART, based                    mandatory Class I Federal area.1
                                             North Carolina at telephone number                           on the criteria established in the EPA’s                    • The initials CAA mean or refer to
                                             910–343–3882.                                                Regional Haze Rule. In conjunction with                   the Clean Air Act.
                                                (5) The Coast Guard and designated                        this approval, we are withdrawing those                     • The words EPA, we, us, or our mean
                                             security vessels enforcing the safety                        portions of the federal implementation                    or refer to the United States
                                             zone can be contacted on VHF–FM                              plan (FIP) that address BART for                          Environmental Protection Agency.
                                             marine band radio channel 13 (165.65                         Coronado. We are also codifying the                         • The initials FIP mean or refer to
                                             MHz) and channel 16 (156.8 MHz).                             removal of those portions of the Arizona                  federal implementation plan.
                                                (d) Enforcement. The U.S. Coast                           SIP that have either been superseded by                     • The initials lb/MMBtu mean or refer
                                             Guard may be assisted in the patrol and                      this approval of the SIP revision for                     to pounds per million British thermal
                                             enforcement of the safety zone by                            Coronado or by previously-approved                        units.
                                             Federal, State, and local agencies.                          revisions to the Arizona SIP.                               • The initials NAAQS mean or refer
                                                (e) Enforcement periods. This section                     DATES: This rule is effective November                    to National Ambient Air Quality
                                             will be enforced on the following dates                      9, 2017.                                                  Standards.
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                                             and times in October 2017:                                   ADDRESSES: The EPA has established                          1 Although states and tribes may designate as
                                                                                                          Docket ID No. EPA–R09–OAR–2017–                           Class I additional areas which they consider to have
                                                   Date                            Time                   0092 for this action. All documents in                    visibility as an important value, the requirements of
                                                                                                          the docket are listed on the http://                      the visibility program set forth in section 169A of
                                             10th–12th .....        8 a.m. through 11 a.m. and 1                                                                    the CAA apply only to mandatory Class I Federal
                                                                      p.m. through 4 p.m.                 www.regulations.gov Web site. Although                    areas. When we use the term ‘‘Class I area’’ in this
                                             13th ..............    9 a.m. through 12 p.m. and 1          listed in the index, some information is                  action, we mean a ‘‘mandatory Class I Federal
                                                                      p.m. through 4 p.m.                 not publicly available, e.g., Confidential                area.’’



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Document Created: 2017-10-07 10:31:50
Document Modified: 2017-10-07 10:31:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from October 10, 2017 through October 30, 2017.
ContactIf you have questions on this rule, contact Petty Officer Matthew Tyson, Waterways Management Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC; telephone: 910- 772-2221, email: [email protected]
FR Citation82 FR 46901 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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