83_FR_7027 83 FR 6994 - Safety Zone; Cape Fear River, Wilmington, NC

83 FR 6994 - Safety Zone; Cape Fear River, Wilmington, NC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 33 (February 16, 2018)

Page Range6994-6996
FR Document2018-03267

The Coast Guard proposes to establish a temporary safety zone on the navigable waters of the Cape Fear River in New Hanover County, North Carolina. This temporary safety zone is intended to restrict vessel traffic on the Cape Fear River while a vessel prepares for and actively off-loads two new Post-Panamax gantry cranes to the North Carolina State Port Authority 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 off- loading the two 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. This proposed rule is a follow-up action to a proposed rule that can be found in docket number USCG-2017-0965. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 33 (Friday, February 16, 2018)
[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Proposed Rules]
[Pages 6994-6996]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03267]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0024]
RIN 1625-AA00


Safety Zone; Cape Fear River, Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the navigable waters of the Cape Fear River in New Hanover County, 
North Carolina. This temporary safety zone is intended to restrict 
vessel traffic on the Cape Fear River while a vessel prepares for and 
actively off-loads two new Post-Panamax gantry cranes to the North 
Carolina State Port Authority 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 off-
loading the two 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. This 
proposed rule is a follow-up action to a proposed rule that can be 
found in docket number USCG-2017-0965. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 19, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0024 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: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking

[[Page 6995]]

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. A proposed safety zone for the 
transit can be found in docket number USCG-2017-0965. Once the transit 
is complete a second safety zone is needed for the gantry cranes off-
loading at the North Carolina State Port in Wilmington, North Carolina. 
The COTP North Carolina has determined that potential safety hazards 
associated with the gantry cranes off-loading would be a concern for 
anyone transiting the Cape Fear River.
    The purpose of this rule is to protect persons, property, vessels, 
and the marine environment on the navigable waters on the Cape Fear 
River during the off load 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 preparation and active off-
loading of two pre-assembled Post-Panamax gantry cranes at the North 
Carolina State Port in Wilmington, North Carolina for seven days, 
beginning once the transport vessel moors. As stated in the proposed 
safety zone found in docket number USCG-2017-0965, the vessel is 
scheduled to complete its transit on April 1, 2018. 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. The safety zone will be enforced at various 
times once the vessel has been safely moored at North Carolina State 
Port in Wilmington, North Carolina and terminate upon completion of the 
crane off-load evolution. The safety zone will include all navigable 
waters of the Cape Fear River within 200 yards of the transport vessel 
while it is moored. The duration of this zone is intended to protect 
persons, property, vessels, and the marine environment on the navigable 
waters of the Cape Fear River during the off-load 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. No vessels greater than 40 feet in height 
will be allowed to transit the safety zone.

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 
beginning on April 1, 2018 with alternate dates of March 29th, 30th, 
31st, April 2nd, 3rd, or 4th, 2018 for seven days. The Coast Guard will 
issue a Local Notice to Mariners and transmit a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 regarding the safety zone. This 
portion of the Cape Fear River has been determined to be a high traffic 
area. This rule allows vessels to request specific authorization to 
pass through the safety zone 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 
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

[[Page 6996]]

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 Directive 023-01, which guides 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 enforced at various times over a seven day 
period that would prohibit entry within 200 yards of a moored vessel. 
Normally such actions are 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 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.T05-0024 to read as follows:


Sec.  165.T05-0024  Safety Zone, Cape Fear River, Wilmington, NC

    (a) Location. The following area is a safety zone: all navigable 
waters of the Cape Fear River within 200 yards around the vessel 
transporting the two new Post-Panamax gantry cranes to the North 
Carolina State Port Authority in Wilmington, North Carolina while the 
vessel is moored at the North Carolina State Port in Wilmington, North 
Carolina.
    (b) Definitions. As used in this section--
    Captain of the Port means the Commander, Sector North Carolina.
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard commissioned, warrant, or petty officer 
designated by the Captain of the Port North Carolina (COTP) for the 
enforcement of the safety zone.
    Participants means persons and vessels involved in support of the 
gantry crane off load.
    (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 
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 at various 
times for seven days once the transport vessel is moored at its berth--
beginning April 1, 2018 or alternatively, March 29th, 30th, 31st, April 
2nd, 3rd, or 4th, 2018.

    Dated: February 2, 2018.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2018-03267 Filed 2-15-18; 8:45 am]
BILLING CODE 9110-04-P



                                                 6994                      Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Proposed Rules

                                                 List of Subjects in 31 CFR Part 1010                      reasonably designed to guard against                  DEPARTMENT OF HOMELAND
                                                   Administrative practice and                             their use to process transactions                     SECURITY
                                                 procedure, banks and banking, brokers,                    involving ABLV. At a minimum, that
                                                 counter money laundering, counter-                        special due diligence must include:                   Coast Guard
                                                 terrorism, foreign banking.                                  (A) Notifying those foreign
                                                                                                                                                                 33 CFR Part 165
                                                 Authority and Issuance                                    correspondent account holders that the
                                                                                                           covered financial institution knows or                [Docket Number USCG–2018–0024]
                                                    For the reasons set forth in the                       has reason to believe provide services to             RIN 1625–AA00
                                                 preamble, part 1010, chapter X of title                   ABLV that such correspondents may not
                                                 31 of the Code of Federal Regulations,                    provide ABLV with access to the                       Safety Zone; Cape Fear River,
                                                 is proposed to be amended as follows:                                                                           Wilmington, NC
                                                                                                           correspondent account maintained at
                                                 PART 1010—GENERAL PROVISIONS                              the covered financial institution; and                AGENCY:   Coast Guard, DHS.
                                                                                                              (B) Taking reasonable steps to identify            ACTION:   Notice of proposed rulemaking.
                                                 ■ 1. The authority citation for part 1010                 any use of its foreign correspondent
                                                 continues to read as follows:                             accounts by ABLV, to the extent that                  SUMMARY:   The Coast Guard proposes to
                                                   Authority: 2 U.S.C. 1829b and 1951–1959;                such use can be determined from                       establish a temporary safety zone on the
                                                 31 U.S.C. 5311–5314, 5316– 5332; Title III,               transactional records maintained in the               navigable waters of the Cape Fear River
                                                 sec. 314 Pub. L. 107–56, 115 Stat. 307; sec.              covered financial institution’s normal                in New Hanover County, North
                                                 701 Pub. L. 114–74, 129 Stat. 599.                                                                              Carolina. This temporary safety zone is
                                                                                                           course of business.
                                                 ■   2. Add § 1010.661 to read as follows:                                                                       intended to restrict vessel traffic on the
                                                                                                              (ii) A covered financial institution               Cape Fear River while a vessel prepares
                                                 § 1010.661       Special measures against                 shall take a risk-based approach when                 for and actively off-loads two new Post-
                                                 ABLV                                                      deciding what, if any, other due                      Panamax gantry cranes to the North
                                                    (a) Definitions. For purposes of this                  diligence measures it reasonably must                 Carolina State Port Authority in
                                                 section:                                                  adopt to guard against the use of its                 Wilmington, North Carolina. This action
                                                    (1) ABLV means all subsidiaries,                       foreign correspondent accounts to                     is intended to restrict vessel traffic on
                                                 branches, and offices of ABLV Bank, AS                    process transactions involving ABLV.                  the Cape Fear River to protect mariners
                                                 operating as a bank in any jurisdiction.                                                                        and vessels from the hazards associated
                                                    (2) Correspondent account has the                         (iii) A covered financial institution
                                                                                                           that knows or has reason to believe that              with off-loading the two gantry cranes.
                                                 same meaning as provided in                                                                                     Entry of vessels or persons into this
                                                 § 1010.605(c)(l)(ii).                                     a foreign bank’s correspondent account
                                                                                                           has been or is being used to process                  safety zone is prohibited unless
                                                    (3) Covered financial institution has                                                                        specifically authorized by the Captain of
                                                 the same meaning as provided in                           transactions involving ABLV shall take
                                                                                                                                                                 the Port (COTP) North Carolina or a
                                                 § 1010.605(e)(l).                                         all appropriate steps to further
                                                                                                                                                                 designated representative. This
                                                    (4) Foreign banking institution means                  investigate and prevent such access,
                                                                                                                                                                 proposed rule is a follow-up action to a
                                                 a bank organized under foreign law, or                    including the notification of its                     proposed rule that can be found in
                                                 an agency, branch, or office located                      correspondent account holder under                    docket number USCG–2017–0965. We
                                                 outside the United States of a bank. The                  paragraph (b)(3)(i)(A) of this section                invite your comments on this proposed
                                                 term does not include an agent, agency,                   and, where necessary, termination of the              rulemaking.
                                                 branch, or office within the United                       correspondent account.                                DATES: Comments and related material
                                                 States of a bank organized under foreign
                                                                                                              (4) Recordkeeping and reporting. (i) A             must be received by the Coast Guard on
                                                 law.
                                                    (5) Subsidiary means a company of                      covered financial institution is required             or before March 19, 2018.
                                                 which more than 50 percent of the                         to document its compliance with the                   ADDRESSES: You may submit comments
                                                 voting stock or analogous equity interest                 notice requirement set forth in this                  identified by docket number USCG–
                                                 is owned by another company.                              section.                                              2018–0024 using the Federal
                                                    (b) Prohibition on accounts and due                       (ii) Nothing in paragraph (b) of this              eRulemaking Portal at http://
                                                 diligence requirements for covered                        section shall require a covered financial             www.regulations.gov. See the ‘‘Public
                                                 financial institutions—                                   institution to report any information not             Participation and Request for
                                                    (1) Opening or maintaining                             otherwise required to be reported by law              Comments’’ portion of the
                                                 correspondent accounts for ABLV. A                                                                              SUPPLEMENTARY INFORMATION section for
                                                                                                           or regulation.
                                                 covered financial institution shall not                                                                         further instructions on submitting
                                                 open or maintain in the United States a                     Dated: February 12, 2018.                           comments.
                                                 correspondent account for, or on behalf                   Jamal El-Hindi,                                       FOR FURTHER INFORMATION CONTACT: If
                                                 of, ABLV.                                                 Deputy Director, Financial Crimes                     you have questions about this proposed
                                                    (2) Prohibition on use of                              Enforcement Network.                                  rulemaking, contact Petty Officer
                                                 correspondent accounts involving                          [FR Doc. 2018–03214 Filed 2–15–18; 8:45 am]           Matthew Tyson, Waterways
                                                 ABLV. A covered financial institution                     BILLING CODE 4810–2P–P                                Management Division, U.S. Coast Guard
                                                 shall take reasonable steps not to                                                                              Sector North Carolina, Wilmington, NC;
                                                 process a transaction for the                                                                                   telephone: 910–772–2221, email:
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 correspondent account in the United                                                                             Matthew.I.Tyson@uscg.mil.
                                                 States of a foreign banking institution if                                                                      SUPPLEMENTARY INFORMATION:
                                                 such a transaction involves ABLV.
                                                    (3) Special due diligence of                                                                                 I. Table of Abbreviations
                                                 correspondent accounts to prohibit use.                                                                         CFR Code of Federal Regulations
                                                 (i) A covered financial institution shall                                                                       DHS Department of Homeland Security
                                                 apply special due diligence to its foreign                                                                      FR Federal Register
                                                 correspondent accounts that is                                                                                  NPRM Notice of proposed rulemaking



                                            VerDate Sep<11>2014     18:02 Feb 15, 2018   Jkt 244001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\16FEP1.SGM   16FEP1


                                                                         Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Proposed Rules                                          6995

                                                 § Section                                               enter the safety zone unless specifically             have a significant economic impact on
                                                 U.S.C. United States Code                               authorized by the Captain of the Port                 a substantial number of small entities.
                                                 COTP Captain of the Port                                North Carolina or a designated                           While some owners or operators of
                                                 II. Background, Purpose, and Legal                      representative. No vessels greater than               vessels intending to transit the safety
                                                 Basis                                                   40 feet in height will be allowed to                  zone may be small entities, for the
                                                                                                         transit the safety zone.                              reasons stated in section IV.A above,
                                                    On August 22, 2017, the North                                                                              this proposed rule would not have a
                                                 Carolina State Port Authority notified                  IV. Regulatory Analyses                               significant economic impact on any
                                                 the Coast Guard that they will be                                                                             vessel owner or operator.
                                                 transporting two pre-assembled Post-                      We developed this proposed rule after
                                                                                                         considering numerous statutes and                        If you think that your business,
                                                 Panamax gantry cranes up the Cape Fear                                                                        organization, or governmental
                                                 River to the North Carolina State Port in               Executive orders related to rulemaking.
                                                                                                         Below we summarize our analyses                       jurisdiction qualifies as a small entity
                                                 Wilmington, North Carolina. The                                                                               and that this rule would have a
                                                 planned transit date is April 1, 2018                   based on a number of these statutes and
                                                                                                         Executive orders and we discuss First                 significant economic impact on it,
                                                 with alternate dates of March 29th, 30th,                                                                     please submit a comment (see
                                                 31st, April 2nd, 3rd, or 4th, 2018. A                   Amendment rights of protestors.
                                                                                                                                                               ADDRESSES) explaining why you think it
                                                 proposed safety zone for the transit can                A. Regulatory Planning and Review                     qualifies and how and to what degree
                                                 be found in docket number USCG–                                                                               this rule would economically affect it.
                                                 2017–0965. Once the transit is complete                    Executive Orders 12866 and 13563
                                                                                                         direct agencies to assess the costs and                  Under section 213(a) of the Small
                                                 a second safety zone is needed for the                                                                        Business Regulatory Enforcement
                                                 gantry cranes off-loading at the North                  benefits of available regulatory
                                                                                                         alternatives and, if regulation is                    Fairness Act of 1996 (Pub. L. 104–121),
                                                 Carolina State Port in Wilmington,                                                                            we want to assist small entities in
                                                 North Carolina. The COTP North                          necessary, to select regulatory
                                                                                                         approaches that maximize net benefits.                understanding this proposed rule. If the
                                                 Carolina has determined that potential                                                                        rule would affect your small business,
                                                 safety hazards associated with the                      Executive Order 13771 directs agencies
                                                                                                         to control regulatory costs through a                 organization, or governmental
                                                 gantry cranes off-loading would be a                                                                          jurisdiction and you have questions
                                                 concern for anyone transiting the Cape                  budgeting process. This NPRM has not
                                                                                                         been designated a ‘‘significant                       concerning its provisions or options for
                                                 Fear River.                                                                                                   compliance, please contact the person
                                                    The purpose of this rule is to protect               regulatory action,’’ under Executive
                                                                                                         Order 12866. Accordingly, the NPRM                    listed in the FOR FURTHER INFORMATION
                                                 persons, property, vessels, and the                                                                           CONTACT section. The Coast Guard will
                                                 marine environment on the navigable                     has not been reviewed by the Office of
                                                                                                         Management and Budget (OMB), and                      not retaliate against small entities that
                                                 waters on the Cape Fear River during                                                                          question or complain about this
                                                 the off load of the gantry cranes. The                  pursuant to OMB guidance it is exempt
                                                                                                         from the requirements of Executive                    proposed rule or any policy or action of
                                                 Coast Guard proposes this rulemaking                                                                          the Coast Guard.
                                                 under authority in 33 U.S.C. 1231.                      Order 13771.
                                                                                                            This regulatory action determination               C. Collection of Information
                                                 III. Discussion of Proposed Rule                        is based on the size, location, and                     This proposed rule would not call for
                                                    The COTP proposes to establish a                     duration of the proposed safety zone.                 a new collection of information under
                                                 safety zone on a portion of the Cape                    Vessel traffic will not be allowed to                 the Paperwork Reduction Act of 1995
                                                 Fear River to be enforced during the                    enter or transit a portion of the Cape                (44 U.S.C. 3501–3520).
                                                 preparation and active off-loading of                   Fear River beginning on April 1, 2018
                                                 two pre-assembled Post-Panamax gantry                   with alternate dates of March 29th, 30th,             D. Federalism and Indian Tribal
                                                 cranes at the North Carolina State Port                 31st, April 2nd, 3rd, or 4th, 2018 for                Governments
                                                 in Wilmington, North Carolina for seven                 seven days. The Coast Guard will issue                   A rule has implications for federalism
                                                 days, beginning once the transport                      a Local Notice to Mariners and transmit               under Executive Order 13132,
                                                 vessel moors. As stated in the proposed                 a Broadcast Notice to Mariners via                    Federalism, if it has a substantial direct
                                                 safety zone found in docket number                      VHF–FM marine channel 16 regarding                    effect on the States, on the relationship
                                                 USCG–2017–0965, the vessel is                           the safety zone. This portion of the Cape             between the national government and
                                                 scheduled to complete its transit on                    Fear River has been determined to be a                the States, or on the distribution of
                                                 April 1, 2018. There will be alternate                  high traffic area. This rule allows                   power and responsibilities among the
                                                 dates of March 29th, 30th, 31st, April                  vessels to request specific authorization             various levels of government. We have
                                                 2nd, 3rd, or 4th, 2018 in case severe                   to pass through the safety zone as long               analyzed this proposed rule under that
                                                 weather or other conditions prevent the                 as they are under the height restriction              Order and have determined that it is
                                                 safe transit of the vessel on April 1st.                of 40 feet.                                           consistent with the fundamental
                                                 The safety zone will be enforced at                                                                           federalism principles and preemption
                                                                                                         B. Impact on Small Entities
                                                 various times once the vessel has been                                                                        requirements described in Executive
                                                 safely moored at North Carolina State                      The Regulatory Flexibility Act of                  Order 13132.
                                                 Port in Wilmington, North Carolina and                  1980, 5 U.S.C. 601–612, as amended,                      Also, this proposed rule does not have
                                                 terminate upon completion of the crane                  requires Federal agencies to consider                 tribal implications under Executive
                                                 off-load evolution. The safety zone will                the potential impact of regulations on                Order 13175, Consultation and
                                                 include all navigable waters of the Cape                small entities during rulemaking. The                 Coordination with Indian Tribal
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 Fear River within 200 yards of the                      term ‘‘small entities’’ comprises small               Governments, because it would not have
                                                 transport vessel while it is moored. The                businesses, not-for-profit organizations              a substantial direct effect on one or
                                                 duration of this zone is intended to                    that are independently owned and                      more Indian tribes, on the relationship
                                                 protect persons, property, vessels, and                 operated and are not dominant in their                between the Federal Government and
                                                 the marine environment on the                           fields, and governmental jurisdictions                Indian tribes, or on the distribution of
                                                 navigable waters of the Cape Fear River                 with populations of less than 50,000.                 power and responsibilities between the
                                                 during the off-load of the gantry cranes.               The Coast Guard certifies under 5 U.S.C.              Federal Government and Indian tribes.
                                                 No vessel or person will be permitted to                605(b) that this proposed rule would not              If you believe this proposed rule has


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                                                 6996                    Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Proposed Rules

                                                 implications for federalism or Indian                   outcome of this rulemaking. If you                      (b) Definitions. As used in this
                                                 tribes, please contact the person listed                submit a comment, please include the                  section—
                                                 in the FOR FURTHER INFORMATION                          docket number for this rulemaking,                      Captain of the Port means the
                                                 CONTACT section.                                        indicate the specific section of this                 Commander, Sector North Carolina.
                                                                                                         document to which each comment                          Designated representative means a
                                                 E. Unfunded Mandates Reform Act
                                                                                                         applies, and provide a reason for each                Coast Guard Patrol Commander,
                                                    The Unfunded Mandates Reform Act                     suggestion or recommendation.                         including a Coast Guard commissioned,
                                                 of 1995 (2 U.S.C. 1531–1538) requires                      We encourage you to submit                         warrant, or petty officer designated by
                                                 Federal agencies to assess the effects of               comments through the Federal                          the Captain of the Port North Carolina
                                                 their discretionary regulatory actions. In              eRulemaking Portal at http://                         (COTP) for the enforcement of the safety
                                                 particular, the Act addresses actions                   www.regulations.gov. If your material                 zone.
                                                 that may result in the expenditure by a                 cannot be submitted using http://                       Participants means persons and
                                                 State, local, or tribal government, in the              www.regulations.gov, contact the person               vessels involved in support of the gantry
                                                 aggregate, or by the private sector of                  in the FOR FURTHER INFORMATION                        crane off load.
                                                 $100,000,000 (adjusted for inflation) or                CONTACT section of this document for                    (c) Regulations. (1) The general
                                                 more in any one year. Though this                       alternate instructions.                               regulations governing safety zones in
                                                 proposed rule would not result in such                     We accept anonymous comments. All                  § 165.23 apply to the area described in
                                                 an expenditure, we do discuss the                       comments received will be posted                      paragraph (a) of this section.
                                                 effects of this rule elsewhere in this                  without change to http://                                (2) With the exception of participants,
                                                 preamble.                                               www.regulations.gov and will include                  entry into or remaining in this safety
                                                 F. Environment                                          any personal information you have                     zone is prohibited unless authorized by
                                                                                                         provided. For more about privacy and                  the COTP North Carolina or the COTP
                                                   We have analyzed this proposed rule                                                                         North Carolina’s designated
                                                                                                         the docket, visit http://
                                                 under Department of Homeland                                                                                  representative. All other vessels must
                                                                                                         www.regulations.gov/privacyNotice.
                                                 Security Directive 023–01, which guides                                                                       depart the zone immediately.
                                                 the Coast Guard in complying with the                      Documents mentioned in this NPRM
                                                                                                         as being available in the docket, and all                (3) To request permission to remain
                                                 National Environmental Policy Act of                                                                          in, enter, or transit through the safety
                                                 1969 (42 U.S.C. 4321–4370f), and have                   public comments, will be in our online
                                                                                                         docket at http://www.regulations.gov                  zone, contact the COTP North Carolina
                                                 made a preliminary determination that                                                                         or the COTP North Carolina’s
                                                 this action is one of a category of actions             and can be viewed by following that
                                                                                                         website’s instructions. Additionally, if              representative through the Coast Guard
                                                 that do not individually or cumulatively                                                                      Sector North Carolina Command Duty
                                                 have a significant effect on the human                  you go to the online docket and sign up
                                                                                                         for email alerts, you will be notified                Officer, Wilmington, North Carolina, at
                                                 environment. This proposed rule                                                                               telephone number 910–343–3882, or on
                                                 involves a safety zone enforced at                      when comments are posted or a final
                                                                                                         rule is published.                                    VHF–FM marine band radio channel 13
                                                 various times over a seven day period                                                                         (165.65 MHz) or channel 16 (156.8
                                                 that would prohibit entry within 200                    List of Subjects in 33 CFR Part 165                   MHz).
                                                 yards of a moored vessel. Normally such                                                                          (d) Enforcement. The U.S. Coast
                                                 actions are categorically excluded from                   Harbors, Marine safety, Navigation
                                                                                                         (water), Reporting and recordkeeping                  Guard may be assisted in the patrol and
                                                 further review under paragraph L60(a)                                                                         enforcement of the safety zone by
                                                 of Appendix A, Table 1 of DHS                           requirements, Security measures,
                                                                                                         Waterways.                                            Federal, State, and local agencies.
                                                 Instruction Manual 023–01–001–01,                                                                                (e) Enforcement Period. This
                                                 Rev. 01. A preliminary Record of                          For the reasons discussed in the                    regulation will be enforced at various
                                                 Environmental Consideration                             preamble, the Coast Guard proposes to                 times for seven days once the transport
                                                 supporting this determination is                        amend 33 CFR part 165 as follows:                     vessel is moored at its berth—beginning
                                                 available in the docket where indicated                                                                       April 1, 2018 or alternatively, March
                                                 under ADDRESSES. We seek any                            PART 165—REGULATED NAVIGATION
                                                                                                         AREAS AND LIMITED ACCESS AREAS                        29th, 30th, 31st, April 2nd, 3rd, or 4th,
                                                 comments or information that may lead                                                                         2018.
                                                 to the discovery of a significant
                                                 environmental impact from this                          ■ 1. The authority citation for part 165                Dated: February 2, 2018.
                                                 proposed rule.                                          continues to read as follows:                         Bion B. Stewart,
                                                                                                           Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Captain, U.S. Coast Guard, Captain of the
                                                 G. Protest Activities                                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             Port North Carolina.
                                                   The Coast Guard respects the First                    Department of Homeland Security Delegation            [FR Doc. 2018–03267 Filed 2–15–18; 8:45 am]
                                                 Amendment rights of protesters.                         No. 0170.1.                                           BILLING CODE 9110–04–P
                                                 Protesters are asked to contact the                     ■ 2. Add § 165.T05–0024 to read as
                                                 person listed in the FOR FURTHER                        follows:
                                                 INFORMATION CONTACT section to                                                                                ENVIRONMENTAL PROTECTION
                                                 coordinate protest activities so that your              § 165.T05–0024 Safety Zone, Cape Fear
                                                                                                         River, Wilmington, NC                                 AGENCY
                                                 message can be received without
                                                 jeopardizing the safety or security of                    (a) Location. The following area is a               40 CFR Part 52
                                                 people, places, or vessels.                             safety zone: all navigable waters of the
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                                                                         Cape Fear River within 200 yards                      [EPA–R09–OAR–2017–0537; FRL–9974–
                                                 V. Public Participation and Request for                 around the vessel transporting the two                58—Region 9]
                                                 Comments                                                new Post-Panamax gantry cranes to the                 Air Plan Approval; Douglas, Arizona;
                                                   We view public participation as                       North Carolina State Port Authority in                Second 10-Year Sulfur Dioxide
                                                 essential to effective rulemaking, and                  Wilmington, North Carolina while the                  Maintenance Plan
                                                 will consider all comments and material                 vessel is moored at the North Carolina
                                                 received during the comment period.                     State Port in Wilmington, North                       AGENCY: Environmental Protection
                                                 Your comment can help shape the                         Carolina.                                             Agency (EPA).


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Document Created: 2018-02-16 00:55:27
Document Modified: 2018-02-16 00:55:27
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 March 19, 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 6994 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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