83_FR_1608 83 FR 1599 - Safety Zone; Cape Fear River, NC

83 FR 1599 - Safety Zone; Cape Fear River, NC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 9 (January 12, 2018)

Page Range1599-1602
FR Document2018-00421

The Coast Guard proposes to establish a temporary safety zone on the navigable waters of the Cape Fear River in Brunswick County and New Hanover County, North Carolina. This temporary safety zone is intended to restrict vessel traffic on the Cape Fear River while a vessel transports two new Post-Panamax gantry cranes to the North Carolina State Port in Wilmington, North Carolina. This action is intended to restrict vessel traffic on the Cape Fear River to protect mariners and vessels from the hazards associated with transporting the assembled gantry cranes. 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. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 9 (Friday, January 12, 2018)
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Proposed Rules]
[Pages 1599-1602]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00421]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0965]
RIN 1625-AA00


Safety Zone; Cape Fear River, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the navigable waters of the Cape Fear River in Brunswick County and 
New Hanover County, North Carolina. This temporary safety zone is 
intended to restrict vessel traffic on the Cape Fear River while a 
vessel transports two new Post-Panamax gantry cranes to the North 
Carolina State Port in Wilmington, North Carolina. This action is 
intended to restrict vessel traffic on the Cape Fear River to protect 
mariners and vessels from the hazards associated with transporting the 
assembled gantry cranes. 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. We invite 
your comments on this proposed rulemaking.

[[Page 1600]]


DATES: Comments and related material must be received by the Coast 
Guard on or before February 12, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0965 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, contact Petty Officer Matthew Tyson, Waterways 
Management Division, U.S. Coast Guard Sector North Carolina, 
Wilmington, NC; telephone: 910-772-2221, email: 
Matthew.I.Tyson@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On August 22, 2017, the North Carolina State Port Authority 
notified the Coast Guard that they will be transporting two pre-
assembled Post-Panamax gantry cranes up the Cape Fear River to the 
North Carolina State Port in Wilmington, North Carolina. The planned 
transit date is April 1, 2018 with alternate dates of March 29th, 30th, 
31st, April 2nd, 3rd, or 4th, 2018. The transit path will be from the 
Cape Fear River Entrance Buoy, north through the Cape Fear River to the 
turning basin, and ending at the North Carolina State Port in 
Wilmington, North Carolina. The COTP North Carolina has determined that 
potential safety hazards associated with transporting the gantry cranes 
would be a concern for anyone transiting the Cape Fear River.
    The purpose of this rule is to protect persons, vessels, and the 
marine environment on the navigable waters on the Cape Fear River 
during the transport of the gantry cranes. The Coast Guard proposes 
this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone on a portion of the 
Cape Fear River to be enforced during the transit of a vessel 
transporting two pre-assembled Post-Panamax gantry cranes up the Cape 
Fear River on April 1, 2018. The transport is expected to take between 
five and seven hours. There will be alternate dates of March 29th, 
30th, 31st, April 2nd, 3rd, or 4th, 2018 in case severe weather or 
other conditions prevent the safe transit of the vessel on April 1st. 
Exact enforcement times will be based on tide schedules and anticipated 
sea conditions and will be announced by broadcast to mariners at least 
two days prior to the transit. The safety zone will include all 
navigable waters of the Cape Fear River from the International 
Regulations for Prevention of Collisions at Sea, 1972 (COLREGS, 72) 
Demarcation Line drawn from Oak Island Light House to Bald Head Island 
Abandon Light House noted on NOAA chart 11537 and proceeding north up 
the Cape Fear River from shore to shore to the Cape Fear Memorial 
Bridge, a length of approximately 26 miles. The safety zone will be 
enforced until the vessel transporting the cranes has been safely 
moored at North Carolina State Port in Wilmington, North Carolina. The 
duration of this zone is intended to protect persons, vessels, and the 
marine environment on the navigable waters of the Cape Fear River 
during the transport of the gantry cranes. 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. 
There will be a pre-designated safety vessel ahead of the transport 
vessel to monitor the flow of traffic and inform mariners that the 
gantry crane transit is in progress. Vessels that are less than 40 feet 
in height and will not impede the transport vessel may request 
permission to pass through the safety zone or remain in place as the 
transport vessel passes. The Fort Fisher and Bald Head ferries will be 
able to operate on their normal schedule as long as the scheduled 
transit will not come within one mile of the transport vessel and they 
receive permission from the Captain of the Port North Carolina or a 
designated representative. The strict height restriction of 40 feet is 
required because portions of the transported cranes extend over the 
water on both sides of the transport vessel. The regulatory text we are 
proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (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 proposed safety zone. Vessel traffic will 
not be allowed to enter or transit a portion of the Cape Fear River on 
April 1, 2018 with alternate dates of March 29th, 30th, 31st, April 
2nd, 3rd, or 4th, 2018 for approximately five to seven hours. 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 Cape Fear River has been determined to be a 
high traffic area. This rule allows vessels to request permission to 
pass through the moving safety zone or remain in place as long as they 
are under the height restriction of 40 feet.

B. Impact on Small Entities

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

[[Page 1601]]

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a safety 
zone on all navigable waters of the Cape Fear River from the 
International Regulations for Prevention of Collisions at Sea, 1972 
(COLREGS, 72) Demarcation Line drawn from Oak Island Light House to 
Bald Head Island Abandon Light House noted on NOAA chart 11537 and 
proceeding north up the Cape Fear River from shore to shore to the Cape 
Fear Memorial Bridge, a length of approximately 26 miles. Normally such 
actions are categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T05-0965 to read as follows:


Sec.  165.T05-0965   Safety Zone, Cape Fear River, Brunswick County and 
New Hanover County, NC.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Cape Fear River from the International Regulations for 
Prevention of Collisions at Sea, 1972 (COLREGS, 72) Demarcation Line 
drawn from Oak Island Light House to Bald Head Island Abandon Light 
House noted on NOAA chart 11537 and proceeding north up the Cape Fear 
River from shore to shore to the Cape Fear Memorial Bridge, in 
Brunswick County and New Hanover County, NC.
    (b) Definitions. As used in this section:
    Designated representative means a Coast Guard Patrol Commander,

[[Page 1602]]

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 the 
gantry crane transport.
    (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 COTP North 
Carolina or the COTP North Carolina's designated representative. All 
vessels under 40 feet in height within this safety zone when this 
section becomes effective may request permission to remain in the zone. 
All other vessels must depart the zone immediately.
    (3) To request permission to remain in, enter, or transit through 
the safety zone, contact the COTP North Carolina or the COTP North 
Carolina's representative through the Coast Guard Sector North Carolina 
Command Duty Officer, Wilmington, North Carolina, at telephone number 
910-343-3882, or on VHF-FM marine band radio channel 13 (165.65 MHz) or 
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 period. This regulation will be enforced during 
vessel transit on April 1, 2018 or alternatively, March 29th, 30th, 
31st, April 2nd, 3rd, or 4th, 2018.

    Dated: December 19, 2017.
Bion B. Stewart,
Captain, U.S. Coast Guard Captain of the Port North Carolina.
[FR Doc. 2018-00421 Filed 1-11-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                            Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules                                                 1599

                                                  CONTACT section of this document for                    eastward to the eastern shoreline at                   seeking permission to transit, moor, or
                                                  alternate instructions.                                 latitude 38°58′40.32″ N., longitude                    anchor within the area may contact the
                                                     We accept anonymous comments. All                    076°20′10.45″ W, located between                       Coast Guard Patrol Commander on
                                                  comments received will be posted                        Sandy Point and Kent Island, MD. All                   Marine Band Radio, VHF–FM channel
                                                  without change to http://                               coordinates reference North American                   16 (156.8 MHz) for direction.
                                                  www.regulations.gov and will include                    Datum 83 (NAD 1983).                                     (4) The Coast Guard may be assisted
                                                  any personal information you have                          (b) Definitions—(1) Captain of the                  in the patrol and enforcement of the
                                                  provided. For more about privacy and                    Port (COTP) Maryland-National Capital                  regulated area by other Federal, State,
                                                  the docket, visit http://                               Region means the Commander, U.S.                       and local agencies. The Coast Guard
                                                  www.regulations.gov/privacyNotice.                      Coast Guard Sector Maryland-National                   Patrol Commander and official patrol
                                                     Documents mentioned in this NPRM                     Capital Region or any Coast Guard                      vessels enforcing this regulated area can
                                                  as being available in the docket, and all               commissioned, warrant or petty officer                 be contacted on marine band radio
                                                  public comments, will be in our online                  who has been authorized by the Captain                 VHF–FM channel 16 (156.8 MHz) and
                                                  docket at http://www.regulations.gov                    of the Port to act on his behalf.                      channel 22A (157.1 MHz).
                                                  and can be viewed by following that                        (2) Coast Guard Patrol Commander                      (5) The Coast Guard will publish a
                                                  website’s instructions. Additionally, if                means a commissioned, warrant, or                      notice in the Fifth Coast Guard District
                                                  you go to the online docket and sign up                 petty officer of the U.S. Coast Guard                  Local Notice to Mariners and issue a
                                                  for email alerts, you will be notified                  who has been designated by the                         marine information broadcast on VHF–
                                                  when comments are posted or a final                     Commander, Coast Guard Sector                          FM marine band radio announcing
                                                  rule is published.                                      Maryland-National Capital Region.                      specific event date and times.
                                                                                                             (3) Official Patrol means any vessel                  (d) Enforcement period. This section
                                                  List of Subjects in 33 CFR Part 100                     assigned or approved by Commander,                     will be enforced from 7 a.m. to 1:30 p.m.
                                                    Marine safety, Navigation (water),                    Coast Guard Sector Maryland-National                   on June 2, 2018, and, if necessary due
                                                  Reporting and recordkeeping                             Capital Region with a commissioned,                    to inclement weather, from 7 a.m. to
                                                  requirements, Waterways.                                warrant, or petty officer on board and                 1:30 p.m. on June 3, 2018.
                                                    For the reasons discussed in the                      displaying a Coast Guard ensign.
                                                                                                             (4) Participant means all persons and                 Dated: January 5, 2018.
                                                  preamble, the Coast Guard proposes to
                                                                                                          vessels participating in the Bay Bridge                Lonnie P. Harrison, Jr.,
                                                  amend 33 CFR part 100 as follows:
                                                                                                          Paddle event under the auspices of the                 Captain, U.S. Coast Guard, Captain of the
                                                  PART 100—SAFETY OF LIFE ON                              Marine Event Permit issued to the event                Port Maryland-National Capital Region.
                                                  NAVIGABLE WATERS                                        sponsor and approved by Commander,                     [FR Doc. 2018–00420 Filed 1–11–18; 8:45 am]
                                                                                                          Coast Guard Sector Maryland-National                   BILLING CODE 9110–04–P
                                                  ■ 1. The authority citation for part 100                Capital Region.
                                                  continues to read as follows:                              (c) Special local regulations. (1) The
                                                      Authority: 33 U.S.C. 1233.                          COTP or Coast Guard Patrol                             DEPARTMENT OF HOMELAND
                                                  ■ 2. Add § 100.501T05–1054 to read as                   Commander may forbid and control the                   SECURITY
                                                  follows:                                                movement of all vessels and persons,
                                                                                                          including event participants, in the                   Coast Guard
                                                  § 100.501T05–1054 Special Local                         regulated area. When hailed or signaled
                                                  Regulation; Chesapeake Bay, between                     by an official patrol, a vessel or person              33 CFR Part 165
                                                  Sandy Point and Kent Island, MD.                        in the regulated area shall immediately                [Docket Number USCG–2017–0965]
                                                     (a) Regulated area. The following                    comply with the directions given.
                                                  location is a regulated area: All                       Failure to do so may result in expulsion               RIN 1625–AA00
                                                  navigable waters of the Chesapeake Bay,                 from the area, citation for failure to
                                                  adjacent to the shoreline at Sandy Point                                                                       Safety Zone; Cape Fear River, NC
                                                                                                          comply, or both. The Coast Guard Patrol
                                                  State Park and between and adjacent to                  Commander may terminate the event, or                  AGENCY:   Coast Guard, DHS.
                                                  the spans of the William P. Lane Jr.                    the operation of any support vessel                    ACTION:   Notice of proposed rulemaking.
                                                  Memorial Bridges, from shoreline to                     participating in the event, at any time it
                                                  shoreline, bounded to the north by a                    is deemed necessary for the protection                 SUMMARY:    The Coast Guard proposes to
                                                  line drawn from the western shoreline                   of life or property.                                   establish a temporary safety zone on the
                                                  at latitude 39°01′05.23″ N., longitude                     (2) Except for participants and vessels             navigable waters of the Cape Fear River
                                                  076°23′47.93″ W.; thence eastward to                    already at berth, all persons and vessels              in Brunswick County and New Hanover
                                                  latitude 39°01′02.08″ N., longitude                     within the regulated area at the time it               County, North Carolina. This temporary
                                                  076°22′58.38″ W.; thence southward to                   is implemented are to depart the                       safety zone is intended to restrict vessel
                                                  latitude 38°59′57.02″ N., longitude                     regulated area.                                        traffic on the Cape Fear River while a
                                                  076°23′02.79″ W.; thence eastward and                      (3) Persons and vessels desiring to                 vessel transports two new Post-Panamax
                                                  parallel and 500 yards north of the north               transit, moor, or anchor within the                    gantry cranes to the North Carolina State
                                                  bridge span to eastern shoreline at                     regulated area must first obtain                       Port in Wilmington, North Carolina.
                                                  latitude 38°59′13.70″ N., longitude                     authorization from the COTP Maryland-                  This action is intended to restrict vessel
                                                  076°19′58.40″ W.; and bounded to the                    National Capital Region or Coast Guard                 traffic on the Cape Fear River to protect
                                                  south by a line drawn parallel and 500                  Patrol Commander. Prior to the                         mariners and vessels from the hazards
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  yards south of the south bridge span                    enforcement period, vessels or persons                 associated with transporting the
                                                  that originates from the western                        seeking permission to transit, moor, or                assembled gantry cranes. Entry of
                                                  shoreline at latitude 39°00′17.08″ N.,                  anchor within the area may contact the                 vessels or persons into this safety zone
                                                  longitude 076°24′28.36″ W.; thence                      COTP Maryland-National Capital                         is prohibited unless specifically
                                                  southward to latitude 38°59′38.36″ N.,                  Region at telephone number 410–576–                    authorized by the Captain of the Port
                                                  longitude 076°23′59.67″ W.; thence                      2693 or on Marine Band Radio, VHF–                     (COTP) North Carolina or a designated
                                                  eastward to latitude 38°59′26.93″ N.,                   FM channel 16 (156.8 MHz). During the                  representative. We invite your
                                                  longitude 076°23′25.53″ W.; thence                      enforcement period, vessels or persons                 comments on this proposed rulemaking.


                                             VerDate Sep<11>2014   16:32 Jan 11, 2018   Jkt 244001   PO 00000   Frm 00021   Fmt 4702   Sfmt 4702   E:\FR\FM\12JAP1.SGM   12JAP1


                                                  1600                      Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules

                                                  DATES:  Comments and related material                   The transport is expected to take                      A. Regulatory Planning and Review
                                                  must be received by the Coast Guard on                  between five and seven hours. There                       Executive Orders 12866 and 13563
                                                  or before February 12, 2018.                            will be alternate dates of March 29th,                 direct agencies to assess the costs and
                                                  ADDRESSES: You may submit comments                      30th, 31st, April 2nd, 3rd, or 4th, 2018               benefits of available regulatory
                                                  identified by docket number USCG–                       in case severe weather or other                        alternatives and, if regulation is
                                                  2017–0965 using the Federal                             conditions prevent the safe transit of the             necessary, to select regulatory
                                                  eRulemaking Portal at http://                           vessel on April 1st. Exact enforcement                 approaches that maximize net benefits.
                                                  www.regulations.gov. See the ‘‘Public                   times will be based on tide schedules                  Executive Order 13771 directs agencies
                                                  Participation and Request for                           and anticipated sea conditions and will                to control regulatory costs through a
                                                  Comments’’ portion of the                               be announced by broadcast to mariners                  budgeting process. This NPRM has not
                                                  SUPPLEMENTARY INFORMATION section for                   at least two days prior to the transit. The            been designated a ‘‘significant
                                                  further instructions on submitting                      safety zone will include all navigable                 regulatory action,’’ under Executive
                                                  comments.                                               waters of the Cape Fear River from the                 Order 12866. Accordingly, the NPRM
                                                  FOR FURTHER INFORMATION CONTACT: If                     International Regulations for Prevention               has not been reviewed by the Office of
                                                  you have questions about this proposed                  of Collisions at Sea, 1972 (COLREGS,                   Management and Budget (OMB), and
                                                  rulemaking, contact Petty Officer                       72) Demarcation Line drawn from Oak                    pursuant to OMB guidance it is exempt
                                                  Matthew Tyson, Waterways                                Island Light House to Bald Head Island                 from the requirements of Executive
                                                  Management Division, U.S. Coast Guard                   Abandon Light House noted on NOAA                      Order 13771.
                                                  Sector North Carolina, Wilmington, NC;                  chart 11537 and proceeding north up                       This regulatory action determination
                                                  telephone: 910–772–2221, email:                         the Cape Fear River from shore to shore                is based on the size, location, and
                                                  Matthew.I.Tyson@uscg.mil.                               to the Cape Fear Memorial Bridge, a                    duration of the proposed safety zone.
                                                  SUPPLEMENTARY INFORMATION:                              length of approximately 26 miles. The                  Vessel traffic will not be allowed to
                                                                                                          safety zone will be enforced until the                 enter or transit a portion of the Cape
                                                  I. Table of Abbreviations                               vessel transporting the cranes has been                Fear River on April 1, 2018 with
                                                  CFR Code of Federal Regulations                         safely moored at North Carolina State                  alternate dates of March 29th, 30th,
                                                  DHS Department of Homeland Security                     Port in Wilmington, North Carolina. The                31st, April 2nd, 3rd, or 4th, 2018 for
                                                  FR Federal Register                                     duration of this zone is intended to                   approximately five to seven hours. The
                                                  NPRM Notice of proposed rulemaking                                                                             Coast Guard will issue a Local Notice to
                                                  § Section                                               protect persons, vessels, and the marine
                                                                                                          environment on the navigable waters of                 Mariners and transmit a Broadcast
                                                  U.S.C. United States Code
                                                  COTP Captain of the Port                                the Cape Fear River during the transport               Notice to Mariners via VHF–FM marine
                                                                                                          of the gantry cranes. No vessel or person              channel 16 regarding the safety zone.
                                                  II. Background, Purpose, and Legal                      will be permitted to enter the safety                  This portion of the Cape Fear River has
                                                  Basis                                                   zone unless specifically authorized by                 been determined to be a high traffic
                                                     On August 22, 2017, the North                        the Captain of the Port North Carolina                 area. This rule allows vessels to request
                                                  Carolina State Port Authority notified                  or a designated representative. There                  permission to pass through the moving
                                                  the Coast Guard that they will be                       will be a pre-designated safety vessel                 safety zone or remain in place as long
                                                  transporting two pre-assembled Post-                    ahead of the transport vessel to monitor               as they are under the height restriction
                                                  Panamax gantry cranes up the Cape Fear                  the flow of traffic and inform mariners                of 40 feet.
                                                  River to the North Carolina State Port in               that the gantry crane transit is in                    B. Impact on Small Entities
                                                  Wilmington, North Carolina. The                         progress. Vessels that are less than 40
                                                  planned transit date is April 1, 2018                   feet in height and will not impede the                    The Regulatory Flexibility Act of
                                                  with alternate dates of March 29th, 30th,               transport vessel may request permission                1980, 5 U.S.C. 601–612, as amended,
                                                  31st, April 2nd, 3rd, or 4th, 2018. The                                                                        requires Federal agencies to consider
                                                                                                          to pass through the safety zone or
                                                  transit path will be from the Cape Fear                                                                        the potential impact of regulations on
                                                                                                          remain in place as the transport vessel
                                                  River Entrance Buoy, north through the                                                                         small entities during rulemaking. The
                                                                                                          passes. The Fort Fisher and Bald Head
                                                  Cape Fear River to the turning basin,                                                                          term ‘‘small entities’’ comprises small
                                                                                                          ferries will be able to operate on their
                                                  and ending at the North Carolina State                                                                         businesses, not-for-profit organizations
                                                                                                          normal schedule as long as the
                                                  Port in Wilmington, North Carolina. The                                                                        that are independently owned and
                                                                                                          scheduled transit will not come within
                                                  COTP North Carolina has determined                                                                             operated and are not dominant in their
                                                                                                          one mile of the transport vessel and they
                                                  that potential safety hazards associated                                                                       fields, and governmental jurisdictions
                                                                                                          receive permission from the Captain of
                                                  with transporting the gantry cranes                                                                            with populations of less than 50,000.
                                                                                                          the Port North Carolina or a designated
                                                  would be a concern for anyone                                                                                  The Coast Guard certifies under 5 U.S.C.
                                                                                                          representative. The strict height
                                                  transiting the Cape Fear River.                                                                                605(b) that this proposed rule would not
                                                                                                          restriction of 40 feet is required because             have a significant economic impact on
                                                     The purpose of this rule is to protect               portions of the transported cranes
                                                  persons, vessels, and the marine                                                                               a substantial number of small entities.
                                                                                                          extend over the water on both sides of                    While some owners or operators of
                                                  environment on the navigable waters on                  the transport vessel. The regulatory text
                                                  the Cape Fear River during the transport                                                                       vessels intending to transit the safety
                                                                                                          we are proposing appears at the end of                 zone may be small entities, for the
                                                  of the gantry cranes. The Coast Guard                   this document.
                                                  proposes this rulemaking under                                                                                 reasons stated in section IV.A above,
                                                                                                                                                                 this proposed rule would not have a
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  authority in 33 U.S.C. 1231.                            IV. Regulatory Analyses
                                                                                                                                                                 significant economic impact on any
                                                  III. Discussion of Proposed Rule                          We developed this proposed rule after                vessel owner or operator.
                                                     The COTP proposes to establish a                     considering numerous statutes and                         If you think that your business,
                                                  safety zone on a portion of the Cape                    Executive orders related to rulemaking.                organization, or governmental
                                                  Fear River to be enforced during the                    Below we summarize our analyses                        jurisdiction qualifies as a small entity
                                                  transit of a vessel transporting two pre-               based on a number of these statutes and                and that this rule would have a
                                                  assembled Post-Panamax gantry cranes                    Executive orders and we discuss First                  significant economic impact on it,
                                                  up the Cape Fear River on April 1, 2018.                Amendment rights of protestors.                        please submit a comment (see


                                             VerDate Sep<11>2014   16:32 Jan 11, 2018   Jkt 244001   PO 00000   Frm 00022   Fmt 4702   Sfmt 4702   E:\FR\FM\12JAP1.SGM   12JAP1


                                                                            Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules                                             1601

                                                  ADDRESSES) explaining why you think it                  more in any one year. Though this                         We encourage you to submit
                                                  qualifies and how and to what degree                    proposed rule would not result in such                 comments through the Federal
                                                  this rule would economically affect it.                 an expenditure, we do discuss the                      eRulemaking Portal at http://
                                                     Under section 213(a) of the Small                    effects of this rule elsewhere in this                 www.regulations.gov. If your material
                                                  Business Regulatory Enforcement                         preamble.                                              cannot be submitted using http://
                                                  Fairness Act of 1996 (Pub. L. 104–121),                                                                        www.regulations.gov, contact the person
                                                  we want to assist small entities in                     F. Environment
                                                                                                                                                                 in the FOR FURTHER INFORMATION
                                                  understanding this proposed rule. If the                   We have analyzed this proposed rule                 CONTACT section of this document for
                                                  rule would affect your small business,                  under Department of Homeland                           alternate instructions.
                                                  organization, or governmental                           Security Management Directive 023–01                      We accept anonymous comments. All
                                                  jurisdiction and you have questions                     and Commandant Instruction                             comments received will be posted
                                                  concerning its provisions or options for                M16475.lD, which guide the Coast                       without change to http://
                                                  compliance, please contact the person                   Guard in complying with the National                   www.regulations.gov and will include
                                                  listed in the FOR FURTHER INFORMATION                   Environmental Policy Act of 1969 (42                   any personal information you have
                                                  CONTACT section. The Coast Guard will                   U.S.C. 4321–4370f), and have made a                    provided. For more about privacy and
                                                  not retaliate against small entities that               preliminary determination that this                    the docket, visit http://
                                                  question or complain about this                         action is one of a category of actions that            www.regulations.gov/privacyNotice.
                                                  proposed rule or any policy or action of                do not individually or cumulatively                       Documents mentioned in this NPRM
                                                  the Coast Guard.                                        have a significant effect on the human                 as being available in the docket, and all
                                                                                                          environment. This proposed rule                        public comments, will be in our online
                                                  C. Collection of Information                            involves a safety zone on all navigable                docket at http://www.regulations.gov
                                                    This proposed rule would not call for                 waters of the Cape Fear River from the                 and can be viewed by following that
                                                  a new collection of information under                   International Regulations for Prevention               website’s instructions. Additionally, if
                                                  the Paperwork Reduction Act of 1995                     of Collisions at Sea, 1972 (COLREGS,                   you go to the online docket and sign up
                                                  (44 U.S.C. 3501–3520).                                  72) Demarcation Line drawn from Oak                    for email alerts, you will be notified
                                                                                                          Island Light House to Bald Head Island                 when comments are posted or a final
                                                  D. Federalism and Indian Tribal                         Abandon Light House noted on NOAA
                                                  Governments                                                                                                    rule is published.
                                                                                                          chart 11537 and proceeding north up
                                                     A rule has implications for federalism               the Cape Fear River from shore to shore                List of Subjects in 33 CFR Part 165
                                                  under Executive Order 13132,                            to the Cape Fear Memorial Bridge, a                      Harbors, Marine safety, Navigation
                                                  Federalism, if it has a substantial direct              length of approximately 26 miles.                      (water), Reporting and recordkeeping
                                                  effect on the States, on the relationship               Normally such actions are categorically                requirements, Security measures,
                                                  between the national government and                     excluded from further review under                     Waterways.
                                                  the States, or on the distribution of                   paragraph 34(g) of Figure 2–1 of                         For the reasons discussed in the
                                                  power and responsibilities among the                    Commandant Instruction M16475.lD. A                    preamble, the Coast Guard proposes to
                                                  various levels of government. We have                   preliminary Record of Environmental                    amend 33 CFR part 165 as follows:
                                                  analyzed this proposed rule under that                  Consideration supporting this
                                                  Order and have determined that it is                    determination is available in the docket               PART 165—REGULATED NAVIGATION
                                                  consistent with the fundamental                         where indicated under ADDRESSES. We                    AREAS AND LIMITED ACCESS AREAS
                                                  federalism principles and preemption                    seek any comments or information that
                                                  requirements described in Executive                     may lead to the discovery of a                         ■ 1. The authority citation for part 165
                                                  Order 13132.                                            significant environmental impact from                  continues to read as follows:
                                                     Also, this proposed rule does not have               this proposed rule.                                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  tribal implications under Executive                                                                            33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  Order 13175, Consultation and                           G. Protest Activities                                  Department of Homeland Security Delegation
                                                  Coordination with Indian Tribal                           The Coast Guard respects the First                   No. 0170.1.
                                                  Governments, because it would not have                  Amendment rights of protesters.                        ■ 2. Add § 165.T05–0965 to read as
                                                  a substantial direct effect on one or                   Protesters are asked to contact the                    follows:
                                                  more Indian tribes, on the relationship                 person listed in the FOR FURTHER
                                                  between the Federal Government and                      INFORMATION CONTACT section to                         § 165.T05–0965 Safety Zone, Cape Fear
                                                  Indian tribes, or on the distribution of                coordinate protest activities so that your             River, Brunswick County and New Hanover
                                                  power and responsibilities between the                  message can be received without                        County, NC.
                                                  Federal Government and Indian tribes.                   jeopardizing the safety or security of                    (a) Location. The following area is a
                                                  If you believe this proposed rule has                   people, places, or vessels.                            safety zone: All navigable waters of the
                                                  implications for federalism or Indian                                                                          Cape Fear River from the International
                                                                                                          V. Public Participation and Request for                Regulations for Prevention of Collisions
                                                  tribes, please contact the person listed
                                                                                                          Comments                                               at Sea, 1972 (COLREGS, 72)
                                                  in the FOR FURTHER INFORMATION
                                                  CONTACT section.                                          We view public participation as                      Demarcation Line drawn from Oak
                                                                                                          essential to effective rulemaking, and                 Island Light House to Bald Head Island
                                                  E. Unfunded Mandates Reform Act                         will consider all comments and material                Abandon Light House noted on NOAA
                                                    The Unfunded Mandates Reform Act                      received during the comment period.                    chart 11537 and proceeding north up
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  of 1995 (2 U.S.C. 1531–1538) requires                   Your comment can help shape the                        the Cape Fear River from shore to shore
                                                  Federal agencies to assess the effects of               outcome of this rulemaking. If you                     to the Cape Fear Memorial Bridge, in
                                                  their discretionary regulatory actions. In              submit a comment, please include the                   Brunswick County and New Hanover
                                                  particular, the Act addresses actions                   docket number for this rulemaking,                     County, NC.
                                                  that may result in the expenditure by a                 indicate the specific section of this                     (b) Definitions. As used in this
                                                  State, local, or tribal government, in the              document to which each comment                         section:
                                                  aggregate, or by the private sector of                  applies, and provide a reason for each                    Designated representative means a
                                                  $100,000,000 (adjusted for inflation) or                suggestion or recommendation.                          Coast Guard Patrol Commander,


                                             VerDate Sep<11>2014   16:32 Jan 11, 2018   Jkt 244001   PO 00000   Frm 00023   Fmt 4702   Sfmt 4702   E:\FR\FM\12JAP1.SGM   12JAP1


                                                  1602                      Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules

                                                  including a Coast Guard commissioned,                   SUMMARY:   The Environmental Protection                includes information claimed as CBI, a
                                                  warrant, or petty officer designated by                 Agency (EPA) is proposing to approve                   copy of the comment that does not
                                                  the Captain of the Port North Carolina                  State Implementation Plan (SIP)                        contain the information claimed as CBI
                                                  (COTP) for the enforcement of the safety                revisions submitted by the state of                    must be submitted for inclusion in the
                                                  zone.                                                   Montana on September 11, 2013. The                     public docket. Information so marked
                                                    Captain of the Port means the                         submittal revises the portions of the                  will not be disclosed except in
                                                  Commander, Sector North Carolina.                       Administrative Rules of Montana (ARM)                  accordance with procedures set forth in
                                                    Participants means persons and                        that pertain to the East Helena Lead SIP.              40 CFR part 2.
                                                  vessels involved in support of the gantry               This action is being taken under section                  b. Tips for Preparing Your Comments.
                                                  crane transport.                                        110 of the Clean Air Act (CAA) (Act).                  When submitting comments, remember
                                                    (c) Regulations. (1) The general                      DATES: Written comments must be                        to:
                                                  regulations governing safety zones in                   received on or before February 12, 2018.                  i. Identify the rulemaking by docket
                                                  § 165.23 apply to the area described in                                                                        number and other identifying
                                                  paragraph (a) of this section.                          ADDRESSES: Submit your comments,
                                                                                                                                                                 information (subject heading, Federal
                                                     (2) With the exception of participants,              identified by EPA–R08–OAR–2017–
                                                                                                                                                                 Register date and page number).
                                                  entry into or remaining in this safety                  0634 at http://www.regulations.gov.                       ii. Follow directions—The agency
                                                  zone is prohibited unless authorized by                 Follow the online instructions for                     may ask you to respond to specific
                                                  the COTP North Carolina or the COTP                     submitting comments. Once submitted,                   questions or organize comments by
                                                  North Carolina’s designated                             comments cannot be edited or removed                   referencing a Code of Federal
                                                  representative. All vessels under 40 feet               from www.regulations.gov. The EPA                      Regulations (CFR) part or section
                                                  in height within this safety zone when                  may publish any comment received to                    number.
                                                  this section becomes effective may                      its public docket. Do not submit                          iii. Explain why you agree or disagree;
                                                  request permission to remain in the                     electronically any information you                     suggest alternatives and substitute
                                                  zone. All other vessels must depart the                 consider to be Confidential Business                   language for your requested changes.
                                                  zone immediately.                                       Information (CBI) or other information                    iv. Describe any assumptions and
                                                     (3) To request permission to remain                  whose disclosure is restricted by statute.             provide any technical information and/
                                                  in, enter, or transit through the safety                Multimedia submissions (audio, video,                  or data that you used.
                                                  zone, contact the COTP North Carolina                   etc.) must be accompanied by a written                    v. If you estimate potential costs or
                                                  or the COTP North Carolina’s                            comment. The written comment is                        burdens, explain how you arrived at
                                                  representative through the Coast Guard                  considered the official comment and                    your estimate in sufficient detail to
                                                  Sector North Carolina Command Duty                      should include discussion of all points                allow for it to be reproduced.
                                                  Officer, Wilmington, North Carolina, at                 you wish to make. The EPA will                            vi. Provide specific examples to
                                                  telephone number 910–343–3882, or on                    generally not consider comments or                     illustrate your concerns, and suggest
                                                  VHF–FM marine band radio channel 13                     comment contents located outside of the                alternatives.
                                                  (165.65 MHz) or channel 16 (156.8                       primary submission (i.e., on the web,                     vii. Explain your views as clearly as
                                                  MHz).                                                   cloud, or other file sharing system). For              possible, avoiding the use of profanity
                                                     (d) Enforcement. The U.S. Coast                      additional submission methods, the full                or personal threats.
                                                  Guard may be assisted in the patrol and                 EPA public comment policy,                                viii. Make sure to submit your
                                                  enforcement of the safety zone by                       information about CBI or multimedia                    comments by the comment period
                                                  Federal, State, and local agencies.                     submissions, and general guidance on                   deadline identified.
                                                     (e) Enforcement period. This                         making effective comments, please visit
                                                  regulation will be enforced during                      http://www2.epa.gov/dockets/                           II. Background
                                                  vessel transit on April 1, 2018 or                      commenting-epa-dockets.                                   The proposed SIP revisions stem from
                                                  alternatively, March 29th, 30th, 31st,                  FOR FURTHER INFORMATION CONTACT:                       a June 10, 2013, Montana Board of
                                                  April 2nd, 3rd, or 4th, 2018.                           Kevin Leone, Air Program, U.S.                         Environmental Review Order (Board
                                                    Dated: December 19, 2017.                             Environmental Protection Agency                        Order) removing a stipulated condition
                                                                                                          (EPA), Region 8, Mailcode 8P–AR, 1595                  in an August 4, 1995 Board Order. The
                                                  Bion B. Stewart,
                                                                                                          Wynkoop Street, Denver, Colorado                       condition limited the allowable
                                                  Captain, U.S. Coast Guard Captain of the
                                                                                                          80202–1129, (303) 312–6227,                            concentration of lead in raw feed
                                                  Port North Carolina.
                                                                                                          leone.kevin@epa.gov.                                   material at the American Chemet
                                                  [FR Doc. 2018–00421 Filed 1–11–18; 8:45 am]
                                                                                                                                                                 Corporation’s East Helena facility.
                                                  BILLING CODE 9110–04–P                                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                                 Specifically, American Chemet
                                                                                                          I. General Information                                 requested a change to the 1995 Board
                                                                                                                                                                 Order which would eliminate Exhibit A,
                                                  ENVIRONMENTAL PROTECTION                                What should I consider as I prepare my
                                                                                                                                                                 Section C, Subsection B. This
                                                  AGENCY                                                  comments for the EPA?
                                                                                                                                                                 subsection reads:
                                                                                                             a. Submitting Confidential Business                    ‘‘Feed Material into the plant shall
                                                  40 CFR Part 52                                          Information (CBI). Do not submit CBI to                have a quarterly average lead content of
                                                  [EPA–R08–OAR–2017–0634; FRL–9972–                       the EPA through http://                                less than 0.15%, and an average annual
                                                  14—Region 8]                                            www.regulations.gov or email. Clearly                  lead content of less than 0.10%.’’
                                                                                                          mark the part or all of the information                   All other East Helena Lead SIP
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Approval and Promulgation of Air                        that you claim to be CBI. For CBI                      provisions, including direct numerical
                                                  Quality Implementation Plans; State of                  information in a disk or CD–ROM that                   limits on lead emissions from American
                                                  Montana; Revisions to East Helena                       you mail to the EPA, mark the outside                  Chemet Corporation’s East Helena
                                                  Lead SIP                                                of the disk or CD–ROM as CBI and then                  facility, would remain unchanged.
                                                  AGENCY:  Environmental Protection                       identify electronically within the disk or                The East Helena Lead SIP includes a
                                                  Agency (EPA).                                           CD–ROM the specific information that                   ‘‘lead in feed’’ limitation for the
                                                                                                          is claimed as CBI. In addition to one                  American Chemet facility, which was
                                                  ACTION: Proposed rule.
                                                                                                          complete version of the comment that                   created as part of the Montana


                                             VerDate Sep<11>2014   16:32 Jan 11, 2018   Jkt 244001   PO 00000   Frm 00024   Fmt 4702   Sfmt 4702   E:\FR\FM\12JAP1.SGM   12JAP1



Document Created: 2018-10-26 09:52:15
Document Modified: 2018-10-26 09:52:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before February 12, 2018.
ContactIf you have questions about this proposed rulemaking, 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 Citation83 FR 1599 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR