83_FR_10835 83 FR 10786 - Safety Zone; Tennessee River, Huntsville, AL

83 FR 10786 - Safety Zone; Tennessee River, Huntsville, AL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 49 (March 13, 2018)

Page Range10786-10788
FR Document2018-04968

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Tennessee River from mile marker (MM) 322.0 to MM 325.0. The safety zone is necessary to provide for the safety of life and vessels during cargo transfer operations taking place at Redstone Arsenal. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative.

Federal Register, Volume 83 Issue 49 (Tuesday, March 13, 2018)
[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Rules and Regulations]
[Pages 10786-10788]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04968]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0006]
RIN 1625-AA00


Safety Zone; Tennessee River, Huntsville, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Tennessee River from mile marker (MM) 322.0 
to MM 325.0. The safety zone is necessary to provide for the safety of 
life and vessels during cargo transfer operations taking place at 
Redstone Arsenal. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Sector Ohio Valley (COTP) or a designated representative.

DATES: This rule is effective without actual notice from March 13, 2018 
through March 16, 2018, or until the cargo operation ceases, whichever 
comes first. For the purposes of enforcement, actual notice will be 
used from March 5, 2018 through March 13, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0006 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Vera Max, MSD Nashville, U.S. Coast Guard; 
telephone 615-736-5421, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
LNM Local Notice to Mariners
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. We must 
establish this safety zone by March 5, 2018 and lack sufficient time to 
provide a reasonable comment period and then consider those comments 
before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because the event will take place before the 30 days and this rule is 
necessary to provide for public safety against the potential hazards 
associated with this cargo transfer operation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Sector Ohio Valley (COTP) has determined 
that potential hazards associated with a cargo transfer operation 
taking place at Redstone Arsenal during the period from March 5, 2018 
through March 16, 2018 will be a safety concern for all navigable 
waters of the Tennessee River between mile markers (MMs) 322.0 and 
325.0. The purpose of this rule is to ensure safety of life on the 
navigable waters in the temporary safety zone before, during, and after 
the cargo transfer operations.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from March 5, 2018 
through March 16, 2018, or until the cargo operation is completed, 
whichever comes first. The temporary safety zone will cover all 
navigable waters of the Tennessee River between MMs 322.0 and 325.0. 
Transit into and through this area is prohibited during periods of 
enforcement. The periods of enforcement will be prior to, during, and 
30 minutes after any vessel movement and cargo transfer operations at 
Redstone Arsenal. The Coast Guard was informed that the operations will 
take place during daylight hours over approximately two days. Safety 
zone enforcement times will be announced via Broadcast Notice to 
Mariners (BNM), Local Notices to Mariners (LNM), or through other means 
of public notice and at least 1 hour notice will be provided before 
each enforcement period.
    The duration of the temporary safety zone is intended to ensure the 
safety of life and vessels on these navigable waters before, during, 
and after the cargo transfer operations taking place at Redstone 
Arsenal. All vessels intending to transit the Tennessee River between 
MMs 322.0 and 325.0 from March 5, 2018 through March 16, 2018 must 
contact the COTP or a designated representative to request permission 
to transit at a time when critical operations

[[Page 10787]]

are not taking place. Entry into this safety zone is prohibited unless 
specifically authorized by the COTP or a designated representative. 
Entry requests will be considered and reviewed on a case-by-case basis. 
The COTP may be contacted by telephone at 1-800-253-7465 or can be 
reached by VHF-FM channel 16.

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, duration, and time-of-year of the temporary safety zone. This 
safety zone prohibits transit on a three mile stretch of the Tennessee 
River only during critical cargo transfer operations at Redstone 
Arsenal over approximately two days, during a time of year that 
experiences lower than normal traffic. Broadcast Notices to Mariners 
and Local Notices to Mariners will also inform the community of the 
safety zone enforcement periods through BNM, LNM, and other means of 
public notice so that they may plan accordingly for each enforcement 
period restricting transit. Vessel traffic must request permission from 
the COTP or a designated representative to enter the restricted area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under 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 M16475.1D, 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 that would prohibit entry to vessels during 
cargo transfer operations at Redstone Arsenal. It is categorically 
excluded from further review under paragraph L60(a) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. 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.


[[Page 10788]]


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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T08-0006 to read as follows:


Sec.  165.T08-0006   Safety zone; Tennessee River, Huntsville, AL.

    (a) Location. The following area is a temporary safety zone area: 
all navigable waters of the Tennessee River between Mile Marker (MM) 
322.0 and MM 325.0, Huntsville, AL.
    (b) Effective date. This section is effective from March 5, 2018 
through March 16, 2018 or until the cargo operation is completed, 
whichever comes first.
    (c) Periods of enforcement. This section will be enforced prior to 
and 30 minutes after all vessel movement and cargo transfer operations 
taking place at Redstone Arsenal. The Captain of the Port Sector Ohio 
Valley (COTP) or a designated representative will inform the public 
through Broadcast Notice to Mariners (BNM), Local Notices to Mariners 
(LNM), or through other means of public notice at least 1 hour in 
advance of each enforcement period.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
specifically authorized by the COTP or a designated representative. 
Persons or vessels desiring to enter into or pass through the zone must 
request permission from the COTP or a designated representative. They 
may be contacted by telephone at 1-800-253-7465 or on VHF-FM radio 
channel 16.
    (2) Persons and vessels permitted to enter this safety zone must 
transit at the slowest safe speed and comply with all lawful directions 
issued by the COTP or a designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the temporary safety zone as 
well as any changes in the planned schedule.

    Dated: March 5, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-04968 Filed 3-12-18; 8:45 am]
 BILLING CODE 9110-04-P



                                           10786              Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations

                                           from the operating regulations is                       all navigable waters of the Tennessee                 comment period and then consider
                                           authorized under 33 CFR 117.35.                         River from mile marker (MM) 322.0 to                  those comments before issuing the rule.
                                                                                                   MM 325.0. The safety zone is necessary                  Under 5 U.S.C. 553(d)(3), the Coast
                                           II. Public Participation and Request for                                                                      Guard finds that good cause exists for
                                                                                                   to provide for the safety of life and
                                           Comments                                                                                                      making this rule effective less than 30
                                                                                                   vessels during cargo transfer operations
                                              We view public participation as                      taking place at Redstone Arsenal. Entry               days after publication in the Federal
                                           essential to effective rulemaking, and                  of vessels or persons into this zone is               Register. Delaying the effective date of
                                           will consider all comments and material                 prohibited unless specifically                        this rule would be impracticable and
                                           received during the comment period.                     authorized by the Captain of the Port                 contrary to the public interest because
                                           Your comment can help shape the                         Sector Ohio Valley (COTP) or a                        the event will take place before the 30
                                           outcome of this rulemaking. If you                      designated representative.                            days and this rule is necessary to
                                           submit a comment, please include the                    DATES: This rule is effective without                 provide for public safety against the
                                           docket number for this rulemaking,                      actual notice from March 13, 2018                     potential hazards associated with this
                                           indicate the specific section of this                   through March 16, 2018, or until the                  cargo transfer operation.
                                           document to which each comment                          cargo operation ceases, whichever
                                           applies, and provide a reason for each                                                                        III. Legal Authority and Need for Rule
                                                                                                   comes first. For the purposes of
                                           suggestion or recommendation.                                                                                    The Coast Guard is issuing this rule
                                                                                                   enforcement, actual notice will be used
                                              We encourage you to submit                                                                                 under authority in 33 U.S.C. 1231. The
                                                                                                   from March 5, 2018 through March 13,
                                           comments through the Federal                                                                                  Captain of the Port Sector Ohio Valley
                                                                                                   2018.                                                 (COTP) has determined that potential
                                           eRulemaking Portal at http://
                                           www.regulations.gov. If your material                   ADDRESSES: To view documents                          hazards associated with a cargo transfer
                                           cannot be submitted using http://                       mentioned in this preamble as being                   operation taking place at Redstone
                                           www.regulations.gov, contact the person                 available in the docket, go to http://                Arsenal during the period from March 5,
                                           in the FOR FURTHER INFORMATION                          www.regulations.gov, type USCG–2018–                  2018 through March 16, 2018 will be a
                                           CONTACT section of this document for                    0006 in the ‘‘SEARCH’’ box and click                  safety concern for all navigable waters
                                           alternate instructions.                                 ‘‘SEARCH.’’ Click on Open Docket                      of the Tennessee River between mile
                                              We accept anonymous comments. All                    Folder on the line associated with this               markers (MMs) 322.0 and 325.0. The
                                           comments received will be posted                        rule.                                                 purpose of this rule is to ensure safety
                                           without change to http://                               FOR FURTHER INFORMATION CONTACT: If                   of life on the navigable waters in the
                                           www.regulations.gov and will include                    you have questions on this rule, call or              temporary safety zone before, during,
                                           any personal information you have                       email Petty Officer Vera Max, MSD                     and after the cargo transfer operations.
                                           provided. For more about privacy and                    Nashville, U.S. Coast Guard; telephone
                                           the docket, visit http://                               615–736–5421, email MSDNashville@                     IV. Discussion of the Rule
                                           www.regulations.gov/privacynotice.                      uscg.mil.                                                This rule establishes a temporary
                                              Documents mentioned in this notice                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                         safety zone from March 5, 2018 through
                                           as being available in the docket and all                                                                      March 16, 2018, or until the cargo
                                           public comments, will be in our online                  I. Table of Abbreviations                             operation is completed, whichever
                                           docket at http://www.regulations.gov,                   BNM Broadcast Notice to Mariners                      comes first. The temporary safety zone
                                           and can be viewed by following that                     CFR Code of Federal Regulations                       will cover all navigable waters of the
                                           website’s instructions. Additionally, if                COTP Captain of the Port Sector Ohio                  Tennessee River between MMs 322.0
                                           you go to the online docket and sign up                   Valley                                              and 325.0. Transit into and through this
                                           for email alerts, you will be notified                  DHS Department of Homeland Security                   area is prohibited during periods of
                                           when comments are posted or a final                     LNM Local Notice to Mariners                          enforcement. The periods of
                                           rule is published.                                      FR Federal Register
                                                                                                   MM Mile marker
                                                                                                                                                         enforcement will be prior to, during,
                                             Dated: March 7, 2018.                                 NPRM Notice of proposed rulemaking                    and 30 minutes after any vessel
                                           Steven M. Fischer,                                      § Section                                             movement and cargo transfer operations
                                           Bridge Administrator, Thirteenth Coast Guard            U.S.C. United States Code                             at Redstone Arsenal. The Coast Guard
                                           District.                                                                                                     was informed that the operations will
                                                                                                   II. Background Information and                        take place during daylight hours over
                                           [FR Doc. 2018–04966 Filed 3–12–18; 8:45 am]             Regulatory History
                                           BILLING CODE 9110–04–P
                                                                                                                                                         approximately two days. Safety zone
                                                                                                      The Coast Guard is issuing this                    enforcement times will be announced
                                                                                                   temporary rule without prior notice and               via Broadcast Notice to Mariners (BNM),
                                           DEPARTMENT OF HOMELAND                                  opportunity to comment pursuant to                    Local Notices to Mariners (LNM), or
                                           SECURITY                                                authority under section 4(a) of the                   through other means of public notice
                                                                                                   Administrative Procedure Act (APA) (5                 and at least 1 hour notice will be
                                           Coast Guard                                             U.S.C. 553(b)). This provision                        provided before each enforcement
                                                                                                   authorizes an agency to issue a rule                  period.
                                           33 CFR Part 165                                         without prior notice and opportunity to                  The duration of the temporary safety
                                                                                                   comment when the agency for good                      zone is intended to ensure the safety of
                                           [Docket Number USCG–2018–0006]
                                                                                                   cause finds that those procedures are                 life and vessels on these navigable
                                           RIN 1625–AA00                                           ‘‘impracticable, unnecessary, or contrary             waters before, during, and after the
                                                                                                   to the public interest.’’ Under 5 U.S.C.              cargo transfer operations taking place at
                                           Safety Zone; Tennessee River,                           553(b)(B), the Coast Guard finds that                 Redstone Arsenal. All vessels intending
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                                           Huntsville, AL                                          good cause exists for not publishing a                to transit the Tennessee River between
                                           AGENCY:    Coast Guard, DHS.                            notice of proposed rulemaking (NPRM)                  MMs 322.0 and 325.0 from March 5,
                                           ACTION:   Temporary final rule.                         with respect to this rule because it is               2018 through March 16, 2018 must
                                                                                                   impracticable. We must establish this                 contact the COTP or a designated
                                           SUMMARY:   The Coast Guard is                           safety zone by March 5, 2018 and lack                 representative to request permission to
                                           establishing a temporary safety zone for                sufficient time to provide a reasonable               transit at a time when critical operations


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                                                              Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations                                         10787

                                           are not taking place. Entry into this                   with populations of less than 50,000.                 direct effect on one or more Indian
                                           safety zone is prohibited unless                        The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                           specifically authorized by the COTP or                  605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                           a designated representative. Entry                      significant economic impact on a                      or on the distribution of power and
                                           requests will be considered and                         substantial number of small entities.                 responsibilities between the Federal
                                           reviewed on a case-by-case basis. The                      While some owners or operators of                  Government and Indian tribes. If you
                                           COTP may be contacted by telephone at                   vessels intending to transit the safety               believe this rule has implications for
                                           1–800–253–7465 or can be reached by                     zone may be small entities, for the                   federalism or Indian tribes, please
                                           VHF–FM channel 16.                                      reasons stated in section V.A above, this             contact the person listed in the FOR
                                                                                                   rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                           V. Regulatory Analyses                                  economic impact on any vessel owner                   above.
                                             We developed this rule after                          or operator.
                                           considering numerous statutes and                          Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                           Executive Orders related to rulemaking.                 Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                           Below we summarize our analyses                         Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                           based on a number of these statutes and                 we want to assist small entities in                   Federal agencies to assess the effects of
                                           Executive Orders, and we discuss First                  understanding this rule. If the rule                  their discretionary regulatory actions. In
                                           Amendment rights of protestors.                         would affect your small business,                     particular, the Act addresses actions
                                           A. Regulatory Planning and Review                       organization, or governmental                         that may result in the expenditure by a
                                                                                                   jurisdiction and you have questions                   State, local, or tribal government, in the
                                              Executive Orders 12866 and 13563                     concerning its provisions or options for              aggregate, or by the private sector of
                                           direct agencies to assess the costs and                 compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                           benefits of available regulatory                        listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                           alternatives and, if regulation is                      CONTACT section.                                      will not result in such an expenditure,
                                           necessary, to select regulatory                            Small businesses may send comments                 we do discuss the effects of this rule
                                           approaches that maximize net benefits.                  on the actions of Federal employees                   elsewhere in this preamble.
                                           Executive Order 13771 directs agencies                  who enforce, or otherwise determine
                                           to control regulatory costs through a                   compliance with, Federal regulations to               F. Environment
                                           budgeting process. This rule has not                    the Small Business and Agriculture                       We have analyzed this rule under
                                           been designated a ‘‘significant                         Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                           regulatory action,’’ under Executive                    and the Regional Small Business                       Management Directive 023–01 and
                                           Order 12866. Accordingly, this rule has                 Regulatory Fairness Boards. The                       Commandant Instruction M16475.1D,
                                           not been reviewed by the Office of                      Ombudsman evaluates these actions                     which guide the Coast Guard in
                                           Management and Budget (OMB), and                        annually and rates each agency’s                      complying with the National
                                           pursuant to OMB guidance it is exempt                   responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                           from the requirements of Executive                      wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                           Order 13771.                                            employees of the Coast Guard, call 1–                 determined that this action is one of a
                                              This regulatory action determination                 888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                           is based on the size, location, duration,               Coast Guard will not retaliate against                individually or cumulatively have a
                                           and time-of-year of the temporary safety                small entities that question or complain              significant effect on the human
                                           zone. This safety zone prohibits transit                about this rule or any policy or action               environment. This rule involves a safety
                                           on a three mile stretch of the Tennessee                of the Coast Guard.                                   zone that would prohibit entry to
                                           River only during critical cargo transfer                                                                     vessels during cargo transfer operations
                                           operations at Redstone Arsenal over                     C. Collection of Information                          at Redstone Arsenal. It is categorically
                                           approximately two days, during a time                     This rule will not call for a new                   excluded from further review under
                                           of year that experiences lower than                     collection of information under the                   paragraph L60(a) of Appendix A, Table
                                           normal traffic. Broadcast Notices to                    Paperwork Reduction Act of 1995 (44                   1 of DHS Instruction Manual 023–01–
                                           Mariners and Local Notices to Mariners                  U.S.C. 3501–3520).                                    001–01, Rev. 01. A Record of
                                           will also inform the community of the                                                                         Environmental Consideration
                                           safety zone enforcement periods                         D. Federalism and Indian Tribal
                                                                                                   Governments                                           supporting this determination is
                                           through BNM, LNM, and other means of                                                                          available in the docket where indicated
                                           public notice so that they may plan                        A rule has implications for federalism             under ADDRESSES.
                                           accordingly for each enforcement period                 under Executive Order 13132,
                                           restricting transit. Vessel traffic must                Federalism, if it has a substantial direct            G. Protest Activities
                                           request permission from the COTP or a                   effect on the States, on the relationship               The Coast Guard respects the First
                                           designated representative to enter the                  between the national government and                   Amendment rights of protesters.
                                           restricted area.                                        the States, or on the distribution of                 Protesters are asked to contact the
                                                                                                   power and responsibilities among the                  person listed in the FOR FURTHER
                                           B. Impact on Small Entities                             various levels of government. We have                 INFORMATION CONTACT section to
                                              The Regulatory Flexibility Act of                    analyzed this rule under that Order and               coordinate protest activities so that your
                                           1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 message can be received without
                                           requires Federal agencies to consider                   with the fundamental federalism                       jeopardizing the safety or security of
                                           the potential impact of regulations on                  principles and preemption requirements                people, places or vessels.
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                                           small entities during rulemaking. The                   described in Executive Order 13132.
                                           term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               List of Subjects in 33 CFR Part 165
                                           businesses, not-for-profit organizations                implications under Executive Order                      Harbors, Marine Safety, Navigation
                                           that are independently owned and                        13175, Consultation and Coordination                  (water), Reporting and Recordkeeping
                                           operated and are not dominant in their                  with Indian Tribal Governments,                       Requirements, Security Measures,
                                           fields, and governmental jurisdictions                  because it does not have a substantial                Waterways.


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                                           10788              Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations

                                             For the reasons discussed in the                        Dated: March 5, 2018.                               available through http://
                                           preamble, the Coast Guard amends 33                     M.B. Zamperini,                                       www.regulations.gov, or please contact
                                           CFR part 165 as follows:                                Captain, U.S. Coast Guard, Captain of the             the person identified in the FOR FURTHER
                                                                                                   Port Sector Ohio Valley.                              INFORMATION CONTACT section for
                                           PART 165—REGULATED NAVIGATION                           [FR Doc. 2018–04968 Filed 3–12–18; 8:45 am]           additional availability information.
                                           AREAS AND LIMITED ACCESS AREAS                          BILLING CODE 9110–04–P                                FOR FURTHER INFORMATION CONTACT: Sara
                                                                                                                                                         Calcinore, (215) 814–2043, or by email
                                           ■ 1. The authority citation for part 165                                                                      at calcinore.sara@epa.gov.
                                           continues to read as follows:                           ENVIRONMENTAL PROTECTION                              SUPPLEMENTARY INFORMATION:
                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             AGENCY
                                                                                                                                                         I. Background
                                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                           Department of Homeland Security Delegation              40 CFR Part 52                              VOCs are organic compounds of
                                           No. 0170.1                                              [EPA–R03–OAR–2017–0544; FRL–9975–37–     carbon   that, in the presence of sunlight,
                                                                                                   Region 3]                                react with sources of oxygen molecules,
                                           ■ 2. Add § 165.T08–0006 to read as                                                               such as nitrogen oxides (NOX) and
                                           follows:                                                Approval and Promulgation of Air         carbon monoxide (CO), in the
                                                                                                   Quality Implementation Plans; Virginia; atmosphere to produce tropospheric
                                           § 165.T08–0006 Safety zone; Tennessee                   Revisions to the Regulatory Definition   ozone, commonly known as smog.
                                           River, Huntsville, AL.                                                                           Common sources that may emit VOCs
                                                                                                   of Volatile Organic Compound
                                             (a) Location. The following area is a                                                          include paints, coatings, housekeeping
                                                                                                   AGENCY: Environmental Protection         and maintenance products, and building
                                           temporary safety zone area: all navigable
                                                                                                   Agency (EPA).                            and furnishing materials. Outdoor
                                           waters of the Tennessee River between
                                                                                                   ACTION: Final rule.                      emissions of VOCs are regulated by EPA
                                           Mile Marker (MM) 322.0 and MM 325.0,
                                           Huntsville, AL.                                                                                  primarily to prevent the formation of
                                                                                                   SUMMARY: The Environmental Protection
                                                                                                                                            ozone.
                                              (b) Effective date. This section is                  Agency (EPA) is approving two state         VOCs have different levels of
                                           effective from March 5, 2018 through                    implementation plan (SIP) revisions      volatility, depending on the compound,
                                           March 16, 2018 or until the cargo                       (Revision C16 and Revision I16)          and react at different rates to produce
                                           operation is completed, whichever                       formally submitted by the                varying amounts of ozone. VOCs that
                                           comes first.                                            Commonwealth of Virginia (Virginia).     are non-reactive or of negligible
                                                                                                   The revisions pertain to amendments      reactivity to form ozone react slowly
                                              (c) Periods of enforcement. This
                                                                                                   made to the definition of ‘‘volatile     and/or form less ozone; therefore,
                                           section will be enforced prior to and 30
                                                                                                   organic compound’’ (VOC) in the          reducing their emissions has limited
                                           minutes after all vessel movement and
                                                                                                   Virginia Administrative Code to          effects on local or regional ozone
                                           cargo transfer operations taking place at               conform with EPA’s regulatory
                                           Redstone Arsenal. The Captain of the                                                             pollution. Section 302(s) of the CAA
                                                                                                   definition of VOC. Specifically, these   specifies that EPA has the authority to
                                           Port Sector Ohio Valley (COTP) or a                     amendments remove the record keeping define the meaning of VOC and what
                                           designated representative will inform                   and reporting requirements for t-butyl
                                           the public through Broadcast Notice to                                                           compounds shall be treated as VOCs for
                                                                                                   acetate (also known as tertiary butyl    regulatory purposes. It is EPA’s policy
                                           Mariners (BNM), Local Notices to                        acetate or TBAC); Chemical Abstracts
                                           Mariners (LNM), or through other means                                                           that organic compounds with a
                                                                                                   Service [CAS] number: 540–88–5) and      negligible level of reactivity should be
                                           of public notice at least 1 hour in                     add 1,1,2,2,-Tetrafluoro-1-(2,2,2-
                                           advance of each enforcement period.                                                              excluded from the regulatory definition
                                                                                                   trifluoroethoxy) ethane (also known as   of VOC in order to focus control efforts
                                              (d) Regulations. (1) In accordance                   HFE-347pcf2; CAS number: 406–78–0)       on compounds that significantly affect
                                           with the general regulations in § 165.23                as a compound excluded from the          ozone concentrations. EPA uses the
                                           of this part, entry into this zone is                   regulatory definition of VOC, which      reactivity of ethane as the threshold for
                                           prohibited unless specifically                          match actions EPA has taken. EPA is      determining whether a compound is of
                                           authorized by the COTP or a designated                  approving these revisions to update the  negligible reactivity. Compounds that
                                           representative. Persons or vessels                      definition of VOC in the Virginia SIP in are less or equally reactive as ethane
                                           desiring to enter into or pass through                  accordance with the requirements of the under certain assumed conditions may
                                           the zone must request permission from                   Clean Air Act (CAA).                     be deemed negligibly reactive and,
                                           the COTP or a designated                                DATES: This final rule is effective on   therefore, suitable for exemption by EPA
                                           representative. They may be contacted                   April 12, 2018.                          from the regulatory definition of VOC.
                                           by telephone at 1–800–253–7465 or on                    ADDRESSES: EPA has established a         The policy of excluding negligibly
                                           VHF–FM radio channel 16.                                docket for this action under Docket ID   reactive compounds from the regulatory
                                              (2) Persons and vessels permitted to                 Number EPA–R03–OAR–2017–0544. All definition of VOC was first laid out in
                                           enter this safety zone must transit at the              documents in the docket are listed on    ‘‘Recommended Policy on Control of
                                           slowest safe speed and comply with all                  the http://www.regulations.gov website. Volatile Organic Compounds’’ (42 FR
                                                                                                   Although listed in the index, some       35314, July 8, 1977) and was
                                           lawful directions issued by the COTP or
                                                                                                   information is not publicly available,   supplemented subsequently with the
                                           a designated representative.
                                                                                                   e.g., confidential business information  ‘‘Interim Guidance on Control of
                                              (d) Informational broadcasts. The                    (CBI) or other information whose         Volatile Organic Compounds in Ozone
amozie on DSK30RV082PROD with RULES




                                           COTP or a designated representative                     disclosure is restricted by statute.     State Implementation Plans’’ (70 FR
                                           will inform the public through                          Certain other material, such as          54046, September 13, 2005). The
                                           broadcast notices to mariners of the                    copyrighted material, is not placed on   regulatory definition of VOC as well as
                                           enforcement period for the temporary                    the internet and will be publicly        a list of compounds that are designated
                                           safety zone as well as any changes in the               available only in hard copy form.        by EPA as negligibly reactive can be
                                           planned schedule.                                       Publicly available docket materials are  found at 40 CFR 51.100(s).


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Document Created: 2018-03-13 01:56:55
Document Modified: 2018-03-13 01:56:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from March 13, 2018 through March 16, 2018, or until the cargo operation ceases, whichever comes first. For the purposes of enforcement, actual notice will be used from March 5, 2018 through March 13, 2018.
ContactIf you have questions on this rule, call or email Petty Officer Vera Max, MSD Nashville, U.S. Coast Guard; telephone 615-736-5421, email [email protected]
FR Citation83 FR 10786 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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