83 FR 9252 - Safety Zone; Black Warrior River, Tuscaloosa, AL
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 43 (March 5, 2018)
Coast Guard
Federal Register Volume 83, Issue 43 (March 5, 2018)
| Page Range | 9252-9254 | |
| FR Document | 2018-04253 |
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)] [Proposed Rules] [Pages 9252-9254] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04253] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0015] RIN 1625-AA08 Safety Zone; Black Warrior River, Tuscaloosa, AL AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish a temporary safety zone for all navigable waters of the Black Warrior River, extending the entire width of the river between Mile Marker (MM) 335.0 and MM 337.0 in Tuscaloosa, AL. The proposed rulemaking is necessary to provide for the safety of life and property on these navigable waters during the Tuscaloosa Air Show. This proposed rulemaking would prohibit persons and vessels from entering the safety zone unless specifically authorized by the Captain of the Port Sector Mobile (COTP) or a designated representative. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before April 4, 2018. ADDRESSES: You may submit comments identified by docket number USCG- 2018-0015 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email LT Kyle D. Berry, Sector Mobile, Waterways Management Division, U.S. Coast Guard; telephone 251-441- 5940, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Mobile DHS Department of Homeland Security FR Federal Register MM Mile Marker NPRM Notice of Proposed Rulemaking PATCOM Patrol Commander Sec. Section U.S.C. United States Code II. Background, Purpose, and Legal Basis On November 30, 2017, the sponsor for the Tuscaloosa Air Show submitted an application for a marine event permit for the Tuscaloosa Air Show that will take place every day from 10 a.m. through 5 p.m. from April 12, 2018 through April 15, 2018. The air show will consist of various flight demonstrations over the Black Warrior River between Mile Marker (MM) 335.0 and MM 337.0 in Tuscaloosa, AL. Over the years, there have been unfortunate instances of aircraft mishaps that involve crashing during performances at various air shows around the world. Occasionally, these incidents result in a wide area of scattered debris in the water that can damage property or cause significant injury or death to the public observing the air shows. The Captain of the Port Sector Mobile (COTP) has determined a safety zone is necessary to protect the general public from hazards associated with aerial flight demonstrations. The purpose of this proposed rulemaking is to ensure the safety of vessels and persons during the air show on the navigable waters of the Black Warrior River between MM 335.0 and 337.0 in Tuscaloosa, AL. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231. III. Discussion of Proposed Rule The Coast Guard proposes to establish a temporary safety zone on the Black Warrior River, extending the entire width of the river between MM 335.0 and 337.5 in Tuscaloosa, AL every day from 10 a.m. through 5 p.m. from April 12, 2018 through April 15, 2018. The proposed rulemaking is needed to provide for the safety of life and property on these navigable waters during the Tuscaloosa Air Show. This proposed rulemaking restricts transit into, through, and within the zone unless specifically authorized by the COTP. No vessel or person would be permitted to enter the zone without obtaining permission from the COTP or a designated representative. A designated representative may be a Patrol Commander (PATCOM). The PATCOM would be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''. All persons and vessels not registered with the sponsor as participants or official patrol vessels are considered spectators. The ``official patrol vessels'' consist of any Coast Guard, state, or local law enforcement and sponsor provided vessels assigned or approved by the COTP to patrol the zone. Spectator vessels desiring to transit the zone may do so only with prior approval of the PATCOM and when so directed by that officer would be operated at a minimum safe navigation speed in a manner which will not endanger any other vessels. No spectator vessel shall anchor, block, loiter, or impede the through transit of official patrol vessels in the zone during the effective dates and times, unless cleared for entry by or through an official patrol vessel. Any spectator vessel may anchor outside the zone, but may not anchor in, block, or loiter in a navigable channel. Spectator vessels may be moored to a waterfront facility within the zone in such a way that they shall not interfere with the progress of the air show. Such mooring must be complete at least 30 minutes prior to the establishment of the zone and remain moored through the duration of the air show. The COTP or a designated representative may forbid and control the movement of all vessels in the zone. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the zone, citation for failure to comply, or both. The COTP or a designated representative may terminate the operation of any vessel at any time it is deemed necessary for the protection of life or property. The COTP or a designated representative would terminate enforcement of the safety zone at the conclusion of the air show. 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 [[Page 9253]] 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 size, location, and duration of the proposed rulemaking. The proposed safety zone would take place on a two mile stretch of the on the Black Warrior River between MMs 335.0 and 337.0, during a short duration of only seven hours, lasting for only four days from April 12, 2018 through April 15, 2018, which is a time of year of lower than normal traffic. Additionally, the Coast Guard would issue Broadcast Notices to Mariners via VHF-FM marine channel 16 about the safety zone so that waterway users may plan accordingly for transits during this restriction. The proposed rule also allows vessels to seek permission from the COTP or a designated representative to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed 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 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 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 determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone on the Black Warrior River, extending the entire width of the river, between MMs 335.0 and 337.0. It is categorically excluded from further review under paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual 023-01- 001-01, Rev. 01. A Record of Environmental Consideration (REC) 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 [[Page 9254]] 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, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. AddSec. 165.T08-0015 to read as follows: Sec. 165.T08-0015 Safety Zone; Black Warrior River, Tuscaloosa, AL. (a) Location. The following area is a proposed safety zone: All navigable waters of the Black Warrior River, extending the entire width of the river, between mile marker (MM) 335.0 and MM 337.5 in Tuscaloosa, AL. (b) Enforcement period. This section is effective from 10 a.m. on April 12, 2018 through 5 p.m. on April 15, 2018. (c) Regulations. (1) In accordance with the general regulations in Sec. 165.23 of this part, entry into, transiting through, or exiting from this area is prohibited unless authorized by the Captain of the Port Sector Mobile (COTP) or a designated representative. A designated representative may be a Patrol Commander (PATCOM). The PATCOM will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''. (2) All persons and vessels not registered with the event sponsor as participants or official patrol vessels are considered spectators. The ``official patrol vessels'' consist of any Coast Guard, state, or local law enforcement and sponsor provided vessels assigned or approved by the COTP to patrol the regulated area. (3) Spectator vessels desiring to transit the regulated area may do so only with prior approval of the PATCOM and when so directed by that officer will be operated at a minimum safe navigation speed in a manner that will not endanger participants in the zone or any other vessels. (4) No spectator vessel shall anchor, block, loiter, or impede the through transit of participants or official patrol vessels in the regulated area during the effective dates and times, unless cleared for entry by or through an official patrol vessel. (5) Any spectator vessel may anchor outside the regulated area, but may not anchor in, block, or loiter in a navigable channel. Spectator vessels may be moored to a waterfront facility within the regulated area in such a way that they shall not interfere with the progress of the event. Such mooring must be complete at least 30 minutes prior to the establishment of the regulated area and remain moored through the duration of the event. (6) The Patrol Commander may forbid and control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both. (7) The Patrol Commander may terminate the event or the operation of any vessel at any time it is deemed necessary for the protection of life or property. (8) The Patrol Commander will terminate enforcement of the safety zone at the conclusion of the event. (9) Entry into this zone is prohibited unless authorized by the Captain of the Port Sector Mobile (COTP) or a designated representative. (10) Persons or vessels seeking to enter into or transit through the zone must request permission from the COTP or a designated representative. They may be contacted on VHF-FM channels 16 or by telephone at 251-441-5976. (11) If permission is granted, all persons and vessels must comply with the instructions of the COTP or designated representative. (d) Informational broadcasts. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners of the enforcement period for the temporary safety zone as well as any changes in the planned schedule. Dated: February 2, 2018. M.R. Mclellan, Captain, U.S. Coast Guard, Captain of the Port Sector Mobile. [FR Doc. 2018-04253 Filed 3-2-18; 8:45 am] BILLING CODE 9110-04-P
![9252 Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules
Dated: February 27, 2018. MM Mile Marker sponsor as participants or official patrol
J.W. Reed, NPRM Notice of Proposed Rulemaking vessels are considered spectators. The
PATCOM Patrol Commander ‘‘official patrol vessels’’ consist of any
Captain, U.S. Coast Guard, Captain of the
§ Section Coast Guard, state, or local law
Port Charleston.
U.S.C. United States Code
[FR Doc. 2018–04366 Filed 3–2–18; 8:45 am] enforcement and sponsor provided
BILLING CODE 9110–04–P II. Background, Purpose, and Legal vessels assigned or approved by the
Basis COTP to patrol the zone.
Spectator vessels desiring to transit
On November 30, 2017, the sponsor
DEPARTMENT OF HOMELAND the zone may do so only with prior
for the Tuscaloosa Air Show submitted
SECURITY approval of the PATCOM and when so
an application for a marine event permit
directed by that officer would be
for the Tuscaloosa Air Show that will
Coast Guard operated at a minimum safe navigation
take place every day from 10 a.m.
speed in a manner which will not
through 5 p.m. from April 12, 2018
33 CFR Part 165 endanger any other vessels. No spectator
through April 15, 2018. The air show
vessel shall anchor, block, loiter, or
[Docket Number USCG–2018–0015] will consist of various flight
impede the through transit of official
demonstrations over the Black Warrior
RIN 1625–AA08 patrol vessels in the zone during the
River between Mile Marker (MM) 335.0
effective dates and times, unless cleared
Safety Zone; Black Warrior River, and MM 337.0 in Tuscaloosa, AL. Over
for entry by or through an official patrol
Tuscaloosa, AL the years, there have been unfortunate
vessel. Any spectator vessel may anchor
instances of aircraft mishaps that
AGENCY: Coast Guard, DHS. outside the zone, but may not anchor in,
involve crashing during performances at
block, or loiter in a navigable channel.
ACTION: Notice of proposed rulemaking. various air shows around the world.
Spectator vessels may be moored to a
Occasionally, these incidents result in a
SUMMARY: The Coast Guard proposes to waterfront facility within the zone in
wide area of scattered debris in the
establish a temporary safety zone for all such a way that they shall not interfere
water that can damage property or cause
navigable waters of the Black Warrior with the progress of the air show. Such
significant injury or death to the public
River, extending the entire width of the mooring must be complete at least 30
observing the air shows. The Captain of
river between Mile Marker (MM) 335.0 minutes prior to the establishment of
the Port Sector Mobile (COTP) has
and MM 337.0 in Tuscaloosa, AL. The the zone and remain moored through
determined a safety zone is necessary to
proposed rulemaking is necessary to the duration of the air show.
protect the general public from hazards The COTP or a designated
provide for the safety of life and associated with aerial flight
property on these navigable waters representative may forbid and control
demonstrations. the movement of all vessels in the zone.
during the Tuscaloosa Air Show. This The purpose of this proposed
proposed rulemaking would prohibit When hailed or signaled by an official
rulemaking is to ensure the safety of patrol vessel, a vessel shall come to an
persons and vessels from entering the vessels and persons during the air show
safety zone unless specifically immediate stop and comply with the
on the navigable waters of the Black directions given. Failure to do so may
authorized by the Captain of the Port Warrior River between MM 335.0 and
Sector Mobile (COTP) or a designated result in expulsion from the zone,
337.0 in Tuscaloosa, AL. The Coast citation for failure to comply, or both.
representative. We invite your Guard proposes this rulemaking under The COTP or a designated
comments on this proposed rulemaking. authority in 33 U.S.C. 1231. representative may terminate the
DATES: Comments and related material operation of any vessel at any time it is
III. Discussion of Proposed Rule
must be received by the Coast Guard on deemed necessary for the protection of
or before April 4, 2018. The Coast Guard proposes to establish
life or property. The COTP or a
ADDRESSES: You may submit comments
a temporary safety zone on the Black
designated representative would
identified by docket number USCG– Warrior River, extending the entire
terminate enforcement of the safety zone
2018–0015 using the Federal width of the river between MM 335.0
at the conclusion of the air show.
eRulemaking Portal at http:// and 337.5 in Tuscaloosa, AL every day The regulatory text we are proposing
www.regulations.gov. See the ‘‘Public from 10 a.m. through 5 p.m. from April appears at the end of this document.
Participation and Request for 12, 2018 through April 15, 2018. The
proposed rulemaking is needed to IV. Regulatory Analyses
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
provide for the safety of life and We developed this proposed rule after
further instructions on submitting property on these navigable waters considering numerous statutes and
comments. during the Tuscaloosa Air Show. This Executive orders related to rulemaking.
proposed rulemaking restricts transit Below we summarize our analyses
FOR FURTHER INFORMATION CONTACT: If into, through, and within the zone based on a number of these statutes and
you have questions about this proposed unless specifically authorized by the Executive orders and we discuss First
rulemaking, call or email LT Kyle D. COTP. No vessel or person would be Amendment rights of protestors.
Berry, Sector Mobile, Waterways permitted to enter the zone without
Management Division, U.S. Coast obtaining permission from the COTP or A. Regulatory Planning and Review
Guard; telephone 251–441–5940, email a designated representative. A Executive Orders 12866 and 13563
sradovich on DSK3GMQ082PROD with PROPOSALS
Kyle.D.Berry@uscg.mil. designated representative may be a direct agencies to assess the costs and
SUPPLEMENTARY INFORMATION: Patrol Commander (PATCOM). The benefits of available regulatory
PATCOM would be aboard either a alternatives and, if regulation is
I. Table of Abbreviations
Coast Guard or Coast Guard Auxiliary necessary, to select regulatory
CFR Code of Federal Regulations vessel. The PATCOM may be contacted approaches that maximize net benefits.
COTP Captain of the Port Sector Mobile on Channel 16 VHF–FM (156.8 MHz) by Executive Order 13771 directs agencies
DHS Department of Homeland Security the call sign ‘‘PATCOM’’. All persons to control regulatory costs through a
FR Federal Register and vessels not registered with the budgeting process. This NPRM has not
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![9254 Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules
and can be viewed by following that (4) No spectator vessel shall anchor, ENVIRONMENTAL PROTECTION
website’s instructions. Additionally, if block, loiter, or impede the through AGENCY
you go to the online docket and sign up transit of participants or official patrol
for email alerts, you will be notified vessels in the regulated area during the 40 CFR Part 63
when comments are posted or a final effective dates and times, unless cleared [EPA–R01–OAR–2017–0343; A–1–FRL–
rule is published. for entry by or through an official patrol 9974–77–Region 1]
List of Subjects in 33 CFR Part 165 vessel.
Approval of Section 112(l) Authority for
Harbors, Marine safety, Navigation (5) Any spectator vessel may anchor
Hazardous Air Pollutants;
(water), Reporting and recordkeeping outside the regulated area, but may not
Perchloroethylene Air Emission
requirements, Waterways. anchor in, block, or loiter in a navigable Standards for Dry Cleaning Facilities;
For the reasons discussed in the channel. Spectator vessels may be State of Vermont
preamble, the Coast Guard amends 33 moored to a waterfront facility within
CFR part 165 as follows: the regulated area in such a way that AGENCY: Environmental Protection
they shall not interfere with the progress Agency (EPA).
PART 165—REGULATED NAVIGATION of the event. Such mooring must be ACTION: Proposed rule.
AREAS AND LIMITED ACCESS AREAS complete at least 30 minutes prior to the
establishment of the regulated area and SUMMARY: The Environmental Protection
■ 1. The authority citation for part 165 remain moored through the duration of Agency (EPA) is proposing to grant the
continues to read as follows: Vermont Department of Environmental
the event.
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Conservation (VT DEC) the authority to
33 CFR 1.05–1; 6.04–1, 6.04–6, and 160.5; (6) The Patrol Commander may forbid implement and enforce, with respect to
Department of Homeland Security Delegation and control the movement of all vessels area sources only, the Vermont
No. 0170.1. in the regulated area. When hailed or Perchloroethylene Dry Cleaning Rule in
■ 2. Add§ 165.T08–0015 to read as signaled by an official patrol vessel, a place of the National Emissions
follows: vessel shall come to an immediate stop Standards for Hazardous Air Pollutants
and comply with the directions given. for Perchloroethylene Dry Cleaning
§ 165.T08–0015 Safety Zone; Black Warrior Failure to do so may result in expulsion Facilities (Dry Cleaning NESHAP).
River, Tuscaloosa, AL. from the area, citation for failure to Pursuant to the Clean Air Act (CAA),
(a) Location. The following area is a comply, or both. the VT DEC submitted a request for
proposed safety zone: All navigable approval to implement and enforce
(7) The Patrol Commander may
waters of the Black Warrior River, Vermont’s Perchloroethylene Dry
terminate the event or the operation of
extending the entire width of the river, Cleaning Rule of the Vermont Air
any vessel at any time it is deemed
between mile marker (MM) 335.0 and Pollution Control Regulations as a
MM 337.5 in Tuscaloosa, AL. necessary for the protection of life or
partial substitution for the National
(b) Enforcement period. This section property.
Emissions Standards for Hazardous Air
is effective from 10 a.m. on April 12, (8) The Patrol Commander will Pollutants for Perchloroethylene Dry
2018 through 5 p.m. on April 15, 2018. terminate enforcement of the safety zone Cleaning Facilities (Dry Cleaning
(c) Regulations. at the conclusion of the event. NESHAP), as it applies to area sources.
(1) In accordance with the general EPA has reviewed this request and is
(9) Entry into this zone is prohibited
regulations in § 165.23 of this part, entry proposing to determine that the
unless authorized by the Captain of the
into, transiting through, or exiting from Vermont Perchloroethylene Dry
Port Sector Mobile (COTP) or a
this area is prohibited unless authorized Cleaning Rule satisfies the requirements
by the Captain of the Port Sector Mobile designated representative.
necessary for partial rule substitution.
(COTP) or a designated representative. (10) Persons or vessels seeking to Thus, EPA is hereby proposing to grant
A designated representative may be a enter into or transit through the zone VT DEC’s request. This action would
Patrol Commander (PATCOM). The must request permission from the COTP not affect the authority of any party to
PATCOM will be aboard either a Coast or a designated representative. They implement and enforce the Dry Cleaning
Guard or Coast Guard Auxiliary vessel. may be contacted on VHF–FM channels NESHAP with respect to major source
The PATCOM may be contacted on 16 or by telephone at 251–441–5976. dry cleaners. This approval would make
Channel 16 VHF–FM (156.8 MHz) by (11) If permission is granted, all the Vermont Perchloroethylene Dry
the call sign ‘‘PATCOM’’. persons and vessels must comply with Cleaning Rule federally enforceable in
(2) All persons and vessels not Vermont.
the instructions of the COTP or
registered with the event sponsor as
designated representative. DATES: Written comments must be
participants or official patrol vessels are
considered spectators. The ‘‘official (d) Informational broadcasts. The received on or before April 4, 2018.
patrol vessels’’ consist of any Coast COTP or a designated representative ADDRESSES: Submit your comments,
Guard, state, or local law enforcement will inform the public through identified by Docket ID No. EPA–R01–
and sponsor provided vessels assigned Broadcast Notices to Mariners of the OAR–2017–0343 at http://
or approved by the COTP to patrol the enforcement period for the temporary www.regulations.gov, or via email to
regulated area. safety zone as well as any changes in the lancey.susan@epa.gov. For comments
sradovich on DSK3GMQ082PROD with PROPOSALS
(3) Spectator vessels desiring to planned schedule. submitted at Regulations.gov, follow the
transit the regulated area may do so only Dated: February 2, 2018.
online instructions for submitting
with prior approval of the PATCOM and comments. Once submitted, comments
when so directed by that officer will be M.R. Mclellan, cannot be edited or removed from
operated at a minimum safe navigation Captain, U.S. Coast Guard, Captain of the Regulations.gov. For either manner of
speed in a manner that will not Port Sector Mobile. submission, the EPA may publish any
endanger participants in the zone or any [FR Doc. 2018–04253 Filed 3–2–18; 8:45 am] comment received to its public docket.
other vessels. BILLING CODE 9110–04–P Do not submit electronically any
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Document Created: 2018-03-03 02:45:32
Document Modified: 2018-03-03 02:45:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before April 4, 2018. | |
| Contact | If you have questions about this proposed rulemaking, call or email LT Kyle D. Berry, Sector Mobile, Waterways Management Division, U.S. Coast Guard; telephone 251-441- 5940, email [email protected] | |
| FR Citation | 83 FR 9252 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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