[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Rules and Regulations]
[Pages 77587-77590]
[FR Doc No: 2013-30656]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 64

[Docket No. USCG-2012-0054]
RIN 1625-AC11

Waiver for Marking Sunken Vessels With a Light at Night

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising its regulations to implement
section 301 of the Coast Guard and Maritime Transportation Act of 2004.
This Act authorized the Commandant to waive the statutory requirement
to mark sunken vessels with a light at night if the Commandant
determines that placing a light would be impractical and waiving the
requirement would not create an undue hazard to navigation. The
Commandant has delegated to the Coast Guard District Commander in whose
district the sunken vessel is located the authority to grant this
waiver.

DATES: This final rule is effective January 23, 2014.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket number USCG-2012-0054 and are available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590 between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. You may also find
this docket online by going to http://www.regulations.gov and
following the instructions on that Web site.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Patrick N. Armstrong, Coast Guard; telephone 202-372-
1561, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Ms. Barbara
Hairston, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Background
IV. Discussion of Comments and Changes
V. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

BLS Bureau of Labor Statistics
CFR Code of Federal Regulations
COTP Captain of the Port
E.O. Executive Order
MISLE Marine Information for Safety and Law Enforcement
NAICS North American Industry Classification System
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section symbol
U.S.C. United States Code
USCG United States Coast Guard

II. Regulatory History

    The Coast Guard published a notice of proposed rulemaking (NPRM) on
May 28, 2013 (78 FR 31872). We note that the NPRM was published with an
incorrect Regulatory Identification Number of 1625-AA97, and so we
published a correcting notice on September 10, 2013 (78 FR 55230). We
received no comments on the proposed rule, no public meeting was
requested, and none was held.

III. Background

    The Coast Guard is revising its regulations in Title 33 of the Code
of Federal Regulations (CFR) part 64, which prescribe rules relating to
the marking of structures, sunken vessels, and other obstructions for
the protection of maritime navigation. These regulations apply to all
sunken vessels in the navigable waters or waters above the continental
shelf of the United States. The current regulations in 33 CFR 64
require an owner of a vessel, raft, or other craft that is wrecked and
sunk in a navigable channel to immediately mark it with a buoy or a
beacon during the day and a light at night, and maintain the markings
until the wreck is removed. The current wording uses the phrase ``buoy
or daymark,'' which we are replacing with ``buoy or beacon'' in this
part. This is a more precise phrase encompassing floating and fixed
aids to navigation. There are no provisions for exemptions to this
regulation. However, the Commandant is authorized by statute to grant a
waiver from the lighting requirement if the Coast Guard determines, due
to conditions of the waterway, that marking the sunken vessel with a
light is impracticable and that not marking the sunken vessel does not
pose an undue hazard to navigation. Such a waiver could save owners the
cost of marking sunken vessels with a light without jeopardizing
navigational safety.
    The potential for saving owners money where there is little risk to
navigation safety is the primary purpose of this rule. This final rule
adds to the regulations a provision in section 301 of the Coast Guard
and Maritime Transportation Act of 2004 (``the Act'') (Pub. L. 108-
293), codified at 33 U.S.C. 409, that authorizes the Commandant to
waive the requirement to mark a sunken vessel, raft, or other craft
with a light at night if the Commandant determines it would be
``impracticable and granting

such a waiver would not create an undue hazard to navigation.'' The
Commandant has delegated to the District Commander the authority to
grant this waiver. (See Aids to Navigation Manual--Administration
(COMDTINST M16500.7A)).
    In addition, the Coast Guard is making the editorial and
organizational changes to 33 CFR part 64 subpart B addressed in the
NPRM to make the regulations clearer to the regulated industry.

IV. Discussion of Comments and Changes

    Because the Coast Guard received no comments on the proposed rule,
we are publishing this final rule with no changes from the May 28, 2013
NPRM.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on these statutes or E.O.s.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') 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 (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility.
    This rule is not a significant regulatory action under section 3(f)
of E.O. 12866, as supplemented by E.O. 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
E.O. 12866. The Office of Management and Budget (OMB) has not reviewed
it under E.O. 12866. Nonetheless, we developed an analysis of the costs
and benefits of the rule to ascertain its probable impacts on industry.
    The Coast Guard did not receive any comments related to the
proposed rule or regulatory assessment during the public comment
period. We received no additional information or data that would alter
our assessments in the NPRM. Therefore, we are adopting the regulatory
assessment for the NPRM as final. The following summarizes the costs
and benefits as presented in the NPRM regulatory assessment:

                      Summary of Costs and Benefits
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                Category                          Proposed rule
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Applicability..........................  Owner/operator of a vessel sunk
                                          in navigable channels that
                                          request a waiver from the
                                          requirement to provide a
                                          lighted marker if providing an
                                          unlighted marker does not
                                          create a hazard to navigation.
Affected population....................  6 sunken vessels per year.
Industry annualized costs (7% discount   $217 per year.
 rate).
Government annualized costs (7%          $1,140 per year.
 discount rate).
Total annualized cost of the rule (7%    $1,357 per year.
 discount).
Benefits...............................  Cost savings due to waiver of
                                          requirement that the marker
                                          have a light.
                                         Improved clarity and
                                          readability for existing
                                          information requirements.
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    The Coast Guard is revising its regulations requiring the owner of
a sunken vessel to mark the vessel with a light at night. Existing
regulations require an owner of a vessel, raft, or other craft that is
wrecked and sunk in a navigable channel to immediately mark it with a
buoy or a beacon during the day and with a light at night, and maintain
the markings until the sunken vessel is removed.
    The revision to the regulations codifies a provision in the Coast
Guard and Maritime Transportation Act of 2004 that authorizes the
Commandant of the Coast Guard, under certain circumstances, to waive
the requirement to mark sunken vessels with a light at night. This new
regulatory language permits a waiver to be granted if the District
Commander determines the placement of a light would be impractical and
granting a waiver will not create an undue hazard to navigation. This
final rule also makes certain edits in order to improve readability and
clarify existing information requirements.
    Costs associated with the rule result from vessel owners/operators
requesting waivers from marking a sunken vessel. We estimate that six
vessel owners and/or operators per year would request waivers from a
District Commander. It is estimated that it would take an owner or
operator approximately 15 minutes to report the incident to the Coast
Guard, via voice communication, and informally request a waiver for
their marker. The loaded hourly wage rate of a Captain, Mate, and Pilot
of a Water Vessel (NAICS 53-5021) is $48.30.\1\ Therefore, the
estimated cost of the initial reporting, per incident, is $12.07 =
($48.30 x .25). We also estimate that it would take approximately 30
minutes, per waiver, to write up and submit a formal request to the
District Commander. Therefore, the cost of submitting a request is
$24.15 = ($48.30 x .5), and the total cost for each occurrence is
$36.22 = ($12.07 + $24.15). The total 10-year cost of six affected
vessels is $1,526 discounted at 7 percent and an annualized cost of
$217.32 discounted at 7 percent.
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    \1\ See the Bureau of Labor Statistics' (BLS) Web site at http://www.bls.gov/oes/2011/may/oes535021.htm, Mean hourly wage for
Captains, Mates and Pilots of Water Vessels. In addition, the cost
reported in the analysis is based on the loaded wage rate, which is
the reported BLS wage rate multiplied by the load rate of 1.4.
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    The Federal Government will also incur costs to review and grant
waivers. We anticipate a Coast Guard Commander (O-5) will review the
waiver request and make the determination of whether to grant it. As
previously stated, it is projected that six waiver requests per year
would be submitted for review. We estimate that each waiver review
would take approximately 2 hours. Therefore, the Government's economic
burden of reviewing a written waiver request is $190 ($95.00 at an O-5
wage rate \2\ x 2 hours) per waiver, and an estimated annual burden of
$1,140 per year ($190 per waiver x 6 waivers). The total Government 10-
year cost is $8,007, and the annualized cost is $1,140, both discounted
at 7 percent. The total 10-year (industry and government) cost of this
rule is estimated at $13,573.20 (undiscounted) and $9,533.25 discounted
at 7 percent.
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    \2\ Wage rate for an O-5 comes from COMDTINST 7310.1M. Feb 2011.

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    The primary benefit of this final rule is that it provides a
regulatory efficiency benefit. Currently, ship operators may not be
aware that waivers from the lighting requirement may be requested. By
establishing a waiver provision as part of the Coast Guard regulations,
we anticipate a wider audience would have knowledge about petitioning
the Coast Guard for a waiver. Additionally, we believe that the
clarifications to the regulations could improve the efficiency of data
collection of sunken vessels by explaining the information required
(such as specifying that vessel type and size should be included in the
description of a sunken vessel).

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 fewer than 50,000
people. The Coast Guard received no comments related to its discussion
and analysis of impacts on small entities during the public comment
period. We received no additional information or data that would alter
our discussion and analysis in the NPRM.
    The Coast Guard expects that this rule could impact a maximum of
six small entities per year at a cost of $36 per waiver per entity,
which we assume would have a cost impact of less than 1 percent of
annual revenue per affected entity.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this rule, if promulgated, will not have a significant economic impact
on a substantial number of small entities.

C. Assistance for Small Entities

    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 the rule so that they can better evaluate its
effects on them and participate in the rulemaking. The Coast Guard will
not retaliate against small entities that question or complain about
this rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

D. Collection of Information

    As noted previously, we estimate that there would be fewer than 10
respondents affected in any given year. Therefore, this rule would call
for no new collection of information under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501-3520), since the estimated number of
respondents is less than the threshold of 10 respondents per 12-month
period for collection of information reporting purposes under the
Paperwork Reduction Act.

E. Federalism

    A rule has implications for federalism under E.O. 13132
(``Federalism'') if it has a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. We have analyzed this rule under that E.O. and
have determined that it does not have implications for federalism. This
rule would merely permit owners and operators of vessels sunk in
navigable channels to request a waiver from the existing Coast Guard
requirement to mark the sunken vessel with a light at night.
    It is well-settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well-settled
that the reporting of casualties and any other category in which
Congress intended the Coast Guard to be the sole source of a vessel's
obligations, are within fields foreclosed from regulation by the States
or local governments. (See the decision of the Supreme Court in the
consolidated cases of United States v. Locke and Intertanko v. Locke,
529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000)). The Coast Guard believes
the Federalism principles articulated in Locke apply to this rule since
it would only affect an area regulated exclusively by the Coast Guard.

F. Unfunded Mandates Reform Act

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

G. Taking of Private Property

    This rule would not cause a taking of private property or otherwise
have taking implications under E.O. 12630 (``Governmental Actions and
Interference with Constitutionally Protected Property Rights'').

H. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988 (``Civil Justice Reform''), to minimize litigation,
eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this rule under E.O. 13045 (``Protection of
Children from Environmental Health Risks and Safety Risks''). This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under E.O. 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.

K. Energy Effects

    We have analyzed this rule under E.O. 13211 (``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use''). We have determined that it is not a ``significant energy
action'' under that order because it is not a ``significant regulatory
action'' under E.O. 12866, as supplemented by E.O. 13563, and is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under E.O. 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory

activities unless the agency provides Congress, through OMB, with an
explanation of why using these standards would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., specifications of materials,
performance, design, or operation; test methods; sampling procedures;
and related management systems practices) that are developed or adopted
by voluntary consensus standards bodies. This rule does not use
technical standards. Therefore, we did not consider the use of
voluntary consensus standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 0023.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions, which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under section 2.B.2,
figure 2-1, paragraph (34)(a), (b) and (i) of the Instruction. This
rule involves regulations which are editorial, regulations delegating
authority and regulations in aid of vessel traffic services, and
marking of navigation systems. An environmental analysis checklist and
a categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 64

    Navigation (water), Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 64 as follows:

PART 64--MARKING OF STRUCTURES, SUNKEN VESSELS AND OTHER
OBSTRUCTIONS

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  14 U.S.C. 633; 33 U.S.C. 409, 1231; 42 U.S.C. 9118;
43 U.S.C. 1333; Department of Homeland Security Delegation No.
0170.1.

0
2. Revise Sec.  64.11 to read as follows:

Sec.  64.11  Marking, notification, and approval requirements.

    (a) The owner and/or operator of a vessel, raft, or other craft
wrecked and sunk in a navigable channel must mark it immediately with a
buoy or beacon during the day and with a light at night. The
requirement to mark the vessel, raft, or other craft with a light at
night may be waived by the District Commander pursuant to Sec.  64.13
of this subpart.
    (b) The owner and/or operator of a sunken vessel, raft, or other
craft that constitutes a hazard to navigation must mark it in
accordance with this subchapter.
    (c) The owner and/or operator of a sunken vessel, raft, or other
craft must promptly report to the District Commander, in whose
jurisdiction the vessel, raft, or other craft is located, the action
they are taking to mark it. In addition to the information required by
46 CFR 4.05, the reported information must contain--
    (1) Name and description of the sunken vessel, raft, or other
craft, including type and size;
    (2) Accurate description of the location of the sunken vessel,
raft, or other craft, including how the position was determined;
    (3) Water depth; and
    (4) Location and type of marking established, including color and
shape of buoy or other beacon and characteristic of the light, if
fitted.
    (d) The owner and/or operator of a vessel, raft, or other craft
wrecked and sunk in waters subject to the jurisdiction of the United
States or sunk on the high seas, if the owner is subject to the
jurisdiction of the United States, must promptly report to the District
Commander, in whose jurisdiction the obstruction is located, the action
they are taking to mark it in accordance with this subchapter. The
reported information must contain the information listed in paragraph
(c) of this section, including the information required by 46 CFR 4.05.
    (e) Owners and/or operators of other obstructions may report the
existence of such obstructions and mark them in the same manner as
prescribed for sunken vessels.
    (f) Owners and/or operators of marine pipelines that are determined
to be hazards to navigation must report and mark the hazardous portion
of those pipelines in accordance with 49 CFR parts 192 or 195, as
applicable.
    (g) All markings of sunken vessels, rafts, or crafts and other
obstructions established in accordance with this section must be
reported to and approved by the appropriate District Commander.
    (h) Should the District Commander determine that these markings are
inconsistent with part 62 of this subchapter, the markings must be
replaced as soon as practicable with approved markings.

0
3. Revise Sec.  64.13 to read as follows:

Sec.  64.13  Approval for waiver of markings.

    (a) Owners and/or operators of sunken vessels, rafts or other craft
sunk in navigable waters may apply to the District Commander, in whose
jurisdiction the vessel, raft, or other craft is located, for a waiver
of the requirement to mark them with a light at night as required under
Sec.  64.11(a) of this subpart. Information on how to contact the
District Commander is available at http://www.uscg.mil/top/units.
    (b) The District Commander may grant a waiver if it is determined
that--
    (1) Marking the wrecked vessel, raft or other craft with a light at
night would be impractical, and
    (2) The granting of such a waiver would not create an undue hazard
to navigation.

    Dated: December 12, 2013.
Gary C. Rasicot,
Director, U.S. Coast Guard, Marine Transportation Systems.
[FR Doc. 2013-30656 Filed 12-23-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: April 27, 2007 (Volume 72, Number 81)]
[Notices]
[Page 21008-21010]
[DOCID:fr27ap07-39]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8306-9]

Federal Advisory Committee on Detection and Quantitation
Approaches and Uses in Clean Water Act Programs

AGENCY: Environmental Protection Agency.

ACTION: Notice; FACA committee meeting announcement.

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SUMMARY: As required by the Federal Advisory Committee Act, Public Law
92-463, the Environmental Protection Agency is announcing a three-day
meeting of the Federal Advisory Committee on Detection and Quantitation
Approaches and Uses in Clean Water Act (CWA) Programs (FACDQ).

DATES: A meeting of the FACDQ will be held on Wednesday, Thursday, and
Friday, June 6, 7, and 8, 2007. The meeting on June 6 and 7 will be
from 9 a.m. until 8 p.m. and on June 8, from 8 a.m. to 3 p.m. All times
are Eastern Daylight Time.

ADDRESSES: The meeting will be held at the Virginian Suites, 1500
Arlington Blvd., Arlington, Virginia 22209. Members of the public may
attend in person or via teleconference. The public may obtain the call-
in number and access code for the teleconference lines from Meghan
Hessenauer, whose contact information is listed under the FOR FURTHER
INFORMATION CONTACT section of this notice.
    Document Availability: The agenda for the meeting is provided in
the General Information section of this notice or from Meghan
Hessenauer whose contact information is listed under the FOR FURTHER
INFORMATION CONTACT section of this notice. The agenda may also be
viewed through EDOCKET, as provided in section I.A. of the
SUPPLEMENTARY INFORMATION section of this notice. Any member of the
public interested in making an oral presentation at the meeting may
contact Richard Reding, whose contact information is listed under FOR
FURTHER INFORMATION CONTACT section of this notice. Requests for making
oral presentations will be accepted up to June 4, 2007. In general,
each oral presentation will be limited to a total of three minutes.
    Submitting Comments: Written comments may be submitted
electronically, by mail, or through hand delivery/courier. Follow the
detailed instructions as provided in section I.B of the SUPPLEMENTARY
INFORMATION section. Written comments will be accepted up to two
business days prior to the start of the meeting.

FOR FURTHER INFORMATION CONTACT: Meghan Hessenauer, Engineering and
Analysis Division, 4303T, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202)
566-1040; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>Richard Reding, Designated Federal Officer,

Environmental Protection Agency, Office of Water, 4303T, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202)
566-2237; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

    This notice announces a meeting of the Federal Advisory Committee
on Detection and Quantitation Approaches and Uses in CWA Programs. The
purpose of the meeting is to review a report from the Technical Work
Group on the results of the Pilot Study, to review the Technical Work
Group's evaluation of the procedures tested in the Pilot Study relative
to the FACDQ's criteria, to develop a recommendation on procedures for
detection and quantitation, and to review and make decisions relative
to the uses of the results of the analytical testing methods. The
Advisory committee will provide direction to both the Policy and the
Technical Work Groups on additional work to be carried out in advance
of the committee's next 2007 meeting.

Information on Services for Individuals With Disabilities

    For information on access or services for individuals with
disabilities, please contact Meghan Hessenauer at<PHONE_NUMBER> or e-
mail<EMAIL_ADDRESS>to request accommodation of a
disability, at least ten days prior to the meeting, to give EPA as much
time as possible to process your request.
A. How Can I Get Copies of Related Information?
    1. Docket. EPA has established a docket for this committee under
Docket ID No. EPA-HQ-OW-2004-0041 in the EPA Docket Center (EPA/DC). In
addition to electronic access through http://www.regulations.gov, public

inspection of the docket materials will be available by appointment.
Appointments may be made by calling<PHONE_NUMBER>. The public reading
room is in EPA West, Room 3334 at 1301 Constitution Ave., N.W.,
Washington, DC.
    2. Electronic Access. You may access this Federal Register document
through the EPA Internet under the Federal Register listings at http://www.epa.gov/fedrgstr/.
 An electronic version of the public docket is

available through http://www.regulations.gov You may use http://www.regulations.gov.
 to submit or view public comments, access the index
listing of the contents of the official public docket, and to access
those documents in the public docket that are available electronically.
Once in the system, select ``search'', then, key in the appropriate
docket identification number, EPA-HQ-OW-2004-0041. You may also view
the meeting material on the website, http://www.epa.gov/waterscience/methods/det/
.

B. How and To Whom Do I Submit Comments?
    You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number (OW-2004-0041) in the subject
line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period.
    1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, or an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment, and it allows EPA to contact you if further
information on the substance of the comment is needed or if your
comment cannot be read due to technical difficulties. EPA's policy is
that EPA will not edit your comment, and any identifying or contact
information provided in the body of the comment will be included as
part of the comment placed in the official public docket and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
    i. EDOCKET. Your use of EPA's electronic public docket to submit
comments to EPA electronically is EPA's preferred method for receiving
comments. Go directly to http://www.regulations.gov and follow the

online instructions for submitting comments. To access EPA's electronic
public docket from the EPA Internet Home Page, http://www.epa.gov,

select ``Information Sources'', ``Dockets''. Once in the system, select
``search'' and then key in Docket ID No., EPA-HQ-OW-2004-0041. The
system is an anonymous access system, which means EPA will not know
your identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to
<EMAIL_ADDRESS>Attention Docket ID No., EPA-HQ-OW-2004-0041. In

contrast to EPA's electronic public docket, EPA's e-mail system is not
an anonymous access system. If you send an e-mail comment directly to
the docket without going through EPA's electronic public docket, EPA's
e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
    iii. Disk or CD ROM. Your may submit comments on a disk or CD ROM
mailed to the mailing address identified in Section I.B.2 of this
notice. These electronic submissions will be accepted in Word, or rich
text files. Avoid the use of special characters and any form of
encryption.
    2. By Mail. Send your comments to: U.S. Environmental Protection
Agency, OW Docket, EPA Docket Center (EPA/DC), Mailcode: 2822T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No.,
OW-2004-0041.
    3. By Hand Delivery or Courier. Deliver your comments to: EPA
Docket Center (EPA/DC), 1301 Constitution Ave., NW., Washington, DC.
Attention Docket ID No., OW-2004-0041 (Note: this is not a mailing
address). Such deliveries are only accepted during the docket's normal
hours of operation as identified in Section I.A.1 of this notices. For
those wishing to make public comments, it is important to note that
EPA's policy is that comments, whether submitted electronically or on
paper, will be made available for public viewing in EPA's electronic
public docket as EPA receives them and without change, unless the
comment contains copyrighted material, confidential business
information, or other information whose disclosure is restricted by
statute. When EPA identifies a comment containing copyrighted material,
EPA will provide a reference to that material in the version of the
comment that is placed in EPA's electronic public docket. The entire
printed comment, including the copyrighted material, will be available
in the public docket. Public comments submitted on computer disks
mailed or delivered to the docket will be transferred to EPA's
electronic public docket. Written public comments mailed or delivered
to the Docket will be scanned and placed in EPA's electronic public
docket.

    Dated: April 20, 2007.
Richard Reding,
Designated Federal Officer, Office of Water.
 [FR Doc. E7-8101 Filed 4-26-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Notices]
[Pages 40813-40816]
[FR Doc No: 2018-17627]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83819; File No. SR-ICC-2018-009]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing of Proposed Rule Change Relating to ICC's Treasury Operations
Policies and Procedures

August 10, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934,\1\ and Rule 19b-4,\2\ notice is hereby given that on July 31,
2018, ICE Clear Credit LLC (``ICC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II and III below, which Items have been prepared
by ICC. The Commission is publishing this notice to solicit comments on
the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change, Security-Based Swap Submission, or Advance Notice

    The principal purpose of the proposed rule change is to revise the
ICC Treasury Operations Policies and Procedures (``Treasury Policy'').
These revisions do not require any changes to the ICC Clearing Rules
(``Rules'').

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change, Security-Based Swap Submission, or
Advance Notice

    In its filing with the Commission, ICC included statements
concerning the purpose of and basis for the proposed rule change,
security-based swap submission, or advance notice and discussed any
comments it received on the proposed rule change, security-based swap
submission, or advance notice. The text of these statements may be
examined at the places specified in Item IV below. ICC has prepared
summaries, set forth in sections (A), (B), and (C) below, of the most
significant aspects of these statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change, Security-Based Swap Submission, or
Advance Notice

(a) Purpose
    ICC proposes revisions to its Treasury Policy. ICC believes such
revisions will facilitate the prompt and accurate clearance and
settlement of securities transactions and derivative agreements,
contracts, and transactions for which it

is responsible. The proposed revisions are described in detail as
follows.
    ICC proposes to update the ICC Treasury Policy in light of the
exemptive order \3\ (the ``Order'') that was issued by the Commodity
Futures Trading Commission (``CFTC'') permitting ICC to invest, subject
to certain conditions, Euro-denominated customer funds in French and
German sovereign debt. ICC was prohibited from investing customer funds
in foreign sovereign debt by CFTC Regulation 1.25,\4\ which does not
permit such investments. As such, ICC is proposing changes to its
Treasury Policy to permit its Treasury Department to directly invest
both US Dollar- (``USD'') and Euro-denominated Guaranty Fund (``GF'')
and margin cash posted by Clearing Participants (``CPs'') (``house
origin cash''); to invest Euro-denominated cash posted by CPs for their
margin requirements related to client positions (``customer origin
cash'') in French and German sovereign debt; to revise its Euro
investment guidelines to limit investment to French and German
sovereign debt; and to make additional clarification and clean-up
changes throughout the document to enhance readability.
---------------------------------------------------------------------------

    \3\ 83 FR 35241 (July 25, 2018).
    \4\ 17 CFR 1.25.
---------------------------------------------------------------------------

    ICC proposes to revise the `Funds Management' section. ICC proposes
clarifying changes that move reference to its default position of
holding USD-denominated house origin cash in its Federal Reserve
Account from the `Investment Strategy' subsection to the amended `ICC
Investment of Guaranty Fund and Margin Cash' subsection, which is
separated into USD and Euro. ICC proposes clarifying language within
the proposed `USD' subsection to note that, if ICC is unable to deposit
house origin cash in its Federal Reserve Account, ICC's Treasury
Department may hold or invest such USD cash as specified within the
Treasury Policy. ICC also proposes a revision to correct a
typographical error by adding the verb ``has'' to the phrase ``ICE
Clear Credit arrangements.''
    In the proposed `Euro' subsection, ICC proposes to permit its
Treasury Department to directly invest Euro-denominated house origin
cash. Under the current ICC Treasury Policy, the ICC Treasury
Department is only permitted to directly invest USD-denominated house
origin cash. Specifically, ICC proposes to state that Euro-denominated
house origin cash will be (i) held in bank deposits, (ii) allocated to
outside investment managers, or (iii) directly held/invested by the ICC
Treasury Department pursuant to the Euro investment guidelines in the
appendix. Under the proposed changes, ICC's Treasury Department is
permitted to directly execute the Euro investment guidelines.
    In the `Outside Investment Management of Guaranty Fund and Margin
Cash' subsection, ICC proposes removing reference to a specific outside
investment manager to reflect ICC's engagement of multiple outside
investment managers. ICC also proposes to correct certain typographical
errors in this section to improve readability, including removing the
indefinite article ``an'' in the phrase ``an alternative or additional
outside investment managers'', adding the definite article ``the'' to
the phrase ``Investment Manager's investment'', and changing
``Directory of Treasury'' to ``Director of Treasury'' in a footnote.
    ICC proposes removing language from the `Treasury Management for
Client Business' section that references the introduction of client
trades to clarify that ICC has already commenced client clearing.
    ICC proposes the new `Investment of Client Margin Cash' subsection
within the `Treasury Management for Client Business' section, which
specifically relates to ICC's investment of customer origin cash.
Currently, the ICC Treasury Policy prohibits ICC from investing
customer origin cash in foreign sovereign debt due to CFTC Regulation
1.25,\5\ which does not permit such investments. In light of the CFTC's
Order,\6\ ICC proposes to state that it will invest customer origin
cash in compliance with CFTC Regulation 1.25,\7\ including any
applicable exemptive orders and including, without limitation, the
conditions in CFTC Regulation 1.25 \8\ related to the investment of
customer origin cash in non-U.S. sovereign debt.
---------------------------------------------------------------------------

    \5\ Id.
    \6\ 83 FR 35241 (July 25, 2018).
    \7\ 17 CFR 1.25.
    \8\ Id.
---------------------------------------------------------------------------

    ICC proposes revisions to the Euro investment guidelines appendix.
ICC proposes to include a footnote, for clarity, stating that its
Treasury Department can directly execute the Euro investment
guidelines. ICC also proposes to extend the Euro investment guidelines
to ICC's segregated CFTC Cleared Swaps Customer initial margin
portfolio. ICC's Euro investment guidelines provide for the investment
of Euro cash in overnight reverse repurchase (``repo'') transactions
with high quality sovereign debt as collateral. If 100% of the
allocated cash cannot be placed in overnight reverse repo, backup
investments will be in term reverse repo and then direct investment in
high quality sovereign debt. Under the current Euro investment
guidelines, investment in reverse repo and foreign sovereign debt is
utilized only with respect to house origin cash and not customer origin
cash pursuant to CFTC regulation. Given the CFTC's Order \9\ that
allows ICC to invest Euro-denominated customer funds in French and
German sovereign debt, ICC proposes to make its investment policies for
Euro-denominated cash applicable to both customer origin and house
origin cash. ICC further proposes to make the Euro investment
guidelines uniform for both customer origin and house origin cash.
Specifically, ICC proposes to revise the Euro investment guidelines to
limit permissible investment, both directly and through reverse repo,
to French and German sovereign debt given the comparability of French
and German sovereign debt to U.S. government securities in terms of
creditworthiness, liquidity, and volatility.\10\ With respect to
customer origin cash, the proposed changes require that investments
comply with any applicable conditions or restrictions set forth in CFTC
Regulation 1.25 \11\ including any applicable exemptive orders and
allow the use of term reverse repo subject to a certain restriction.
Additionally, should conditions change so that the French or German
sovereign debt no longer meets the conditions or restrictions of CFTC
Regulation 1.25,\12\ the outside investment manager shall discontinue
making any additional investments in such sovereign debt issuers.
---------------------------------------------------------------------------

    \9\ 83 FR 35241 (July 25, 2018).
    \10\ See ICE Clearing House Application for Exemptive Order
(June 22, 2017) for a discussion of the suitability of French and
German sovereign debt, available at<EMAIL_ADDRESS>    \11\ 17 CFR 1.25.
    \12\ Id.
---------------------------------------------------------------------------

(b) Statutory Basis
    Section 17A(b)(3)(F) of the Act \13\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities transactions, and
to the extent applicable, derivative agreements, contracts and
transactions; to assure the safeguarding of securities and funds which
are in the custody or control of the clearing agency or for which it is
responsible; and to comply with the

provisions of the Act and the rules and regulations thereunder. ICC
believes that the proposed rule changes are consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to ICC, in particular, to Section 17(A)(b)(3)(F),\14\
because ICC believes that the proposed rule changes will promote the
prompt and accurate clearance and settlement of securities
transactions, derivatives agreements, contracts, and transactions, and
contribute to the safeguarding of securities and funds associated with
security-based swap transactions in ICC's custody or control, or for
which ICC is responsible. The proposed changes permitting ICC to invest
Euro-denominated customer funds in French and German sovereign debt are
designed to further ensure the reliable investment of assets in ICC's
control with minimal risk. Euro-denominated customer fund balances must
be held in unsecured bank demand deposits accounts, exposing ICC and
its CPs and their customers to the credit risk of such banks. ICC
believes that the proposed changes, given the CFTC's Order,\15\ to
invest Euro-denominated customer funds in French and German sovereign
debt would provide for an important alternative for the protection of
customer funds. Moreover, allowing the Treasury Department to directly
invest both USD and Euro-denominated house origin cash will continue to
ensure the reliable investment of assets in ICC's control with minimal
risk by allowing the Treasury Department to directly execute the Euro
investment guidelines, thereby facilitating ICC's ability to promptly
and accurately clear and settle its cleared CDS contracts and enhancing
ICC's ability to assure the safeguarding of securities and funds which
are in the custody or control of ICC or for which it is responsible.
The clarification and clean-up changes that enhance readability will
further ensure that the documentation of ICC's Treasury Policy remains
up-to-date, clear, and transparent. As such, the proposed rule changes
are designed to promote the prompt and accurate clearance and
settlement of securities transactions, derivatives agreements,
contracts, and transactions and to contribute to the safeguarding of
securities and funds associated with security-based swap transactions
in ICC's custody or control, or for which ICC is responsible within the
meaning of Section 17A(b)(3)(F) of the Act.\16\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78q-1(b)(3)(F).
    \14\ Id.
    \15\ 83 FR 35241 (July 25, 2018).
    \16\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    In addition, the proposed revisions to the ICC Treasury Policy are
consistent with the relevant requirements of Rule 17Ad-22.\17\ Rule
17Ad-22(b)(3) \18\ requires ICC to establish, implement, maintain and
enforce written policies and procedures reasonably designed to maintain
sufficient financial resources to withstand, at a minimum, a default by
the two CP families to which it has the largest exposures in extreme
but plausible market conditions. The proposed changes to the Euro
investment guidelines that limit investment to French and German
sovereign debt and apply to both house origin and customer origin cash
serve to preserve principle and maintain liquidity of funds as such
debt has credit, liquidity, and volatility characteristics that are
comparable to U.S. government securities, thereby ensuring that ICC
continues to maintain sufficient financial resources to withstand, at a
minimum, a default by the two CP families to which it has the largest
exposures in extreme but plausible market conditions, consistent with
the requirements of Rule 17Ad-22(b)(3).\19\
---------------------------------------------------------------------------

    \17\ 17 CFR 240.17Ad-22.
    \18\ 17 CFR 240.17Ad-22(b)(3).
    \19\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(d)(3) \20\ requires ICC to establish, implement,
maintain and enforce written policies and procedures reasonably
designed to hold assets in a manner that minimizes risk of loss or of
delay in its access to them and to invest assets in instruments with
minimal credit, market, and liquidity risks. ICC believes that the
proposed changes allowing ICC to invest Euro-denominated customer funds
in French and German sovereign debt and allowing the Treasury
Department to directly invest both USD and Euro-denominated house
origin cash and directly execute the Euro investment guidelines will
enhance ICC's ability to hold assets in a manner that minimizes risk of
loss or of delay in its access to them by serving as an important
alternative for the protection of funds. Additionally, the proposed
revisions to the Euro investment guidelines that limit investment to
French and German sovereign debt for house origin cash allow ICC to
continue to ensure to hold assets in a manner that minimizes risk of
loss or of delay in its access to them and to invest assets in
instruments with minimal credit, market, and liquidity risks given the
comparability of French and German sovereign debt to U.S. government
securities in terms of creditworthiness, liquidity, and volatility.
Such changes are therefore reasonably designed to meet the requirements
of Rule 17Ad-22(d)(3).\21\
---------------------------------------------------------------------------

    \20\ 17 CFR 240.17Ad-22(d)(3).
    \21\ Id.
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    ICC does not believe the proposed rule changes would have any
impact, or impose any burden, on competition. The proposed changes to
ICC's Treasury Policy will apply uniformly across all market
participants. Therefore, ICC does not believe the proposed rule changes
impose any burden on competition that is inappropriate in furtherance
of the purposes of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule
Change, Security-Based Swap Submission, or Advance Notice Received From
Members, Participants or Others

    Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.

III. Date of Effectiveness of the Proposed Rule Change, Security-Based
Swap Submission, or Advance Notice and Timing for Commission Action

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, security-based swap submission, or advance notice is consistent
with the Act. Comments may be submitted by any of the following
methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-ICC-2018-0 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549.

All submissions should refer to File Number SR-ICC-2018-009. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change, security-based
swap submission, or advance notice that are filed with the Commission,
and all written communications relating to the proposed rule change,
security-based swap submission, or advance notice between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for website viewing and printing in the Commission's Public
Reference Room, 100 F Street NE, Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of ICE Clear Credit and on ICE Clear Credit's website
at https://www.theice.com/clear-credit/regulation.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ICC-2018-009 and should be
submitted on or before September 6, 2018.
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
Brent J. Fields,
Secretary.
[FR Doc. 2018-17627 Filed 8-15-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Rules and Regulations]
[Pages 37319-37321]
[FR Doc No: 2012-15107]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0543]
RIN 1625-AA00

Safety Zone for Fifth Coast Guard District Fireworks Display
Pasquotank River; Elizabeth City, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily changing the enforcement
location of a safety zone for one specific recurring fireworks display
in the Fifth Coast Guard District. This regulation applies to only one
recurring fireworks event, held adjacent to the Pasquotank River,
Elizabeth City, North Carolina. The fireworks display ordinarily
originated from a location on land but will this year originate from a
barge; the safety zone is necessary to provide for the safety of life
on navigable waters during the event. This action is intended to
restrict vessel traffic in a portion of the Pasquotank River, Elizabeth
City, North Carolina, during the event.

DATES: This rule will be effective from July 4, 2012 through July 5,
2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0543]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CWO4 Joseph M. Edge, U.S. Coast Guard Sector North
Carolina; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone (202)
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    This fireworks display event is regulated at 33 CFR 165.506, Table
to Sec.  165.506, section (d.) line 4. The Coast Guard plans to
permanently amend the regulation at 33 CFR 165.506 at a later date to
reflect this change.
    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is needed to
minimize potential danger to the public during the event. For this
reason, it would be impracticable to publish an NPRM for this rule.

B. Basis and Purpose

    Recurring fireworks displays are frequently held on or adjacent to
the navigable waters within the boundary of the Fifth Coast Guard
District. For a description of the geographical area of each Coast
Guard Sector--Captain of the Port Zone, please see 33 CFR 3.25.
    The regulation listing annual fireworks displays within the Fifth
Coast Guard District and safety zones locations is 33 CFR 165.506. The
Table to Sec.  165.506 identifies fireworks displays by COTP zone, with
the COTP North Carolina zone listed in section ``(d.)'' of the Table.
    The township of Elizabeth City, North Carolina, sponsors an annual
fireworks display held on July 4th over the waters of Pasquotank River
at Elizabeth City, North Carolina. The Table to Sec.  165.506, at
section (d.) event Number ``4'', describes the enforcement date and
regulated location for this fireworks event.
    The location listed in the Table has the fireworks display
originating from position latitude 36[deg]18'00'' N, longitude
076[deg]13'00'' W, a location on land on the southwest corner of
Machelhe Island at Elizabeth City, North Carolina. However, this event
changes the fireworks launch location on July 4, 2012, to a position on
the Pasquotank River at latitude 36[deg]17'47'' N, longitude
076[deg]12'17'' W.
    A fleet of spectator vessels is anticipated to gather nearby to
view the

fireworks display. Due to the need for vessel control during the
fireworks display vessel traffic will be temporarily restricted to
provide for the safety of participants, spectators and transiting
vessels. Under provisions of 33 CFR 165.506, during the enforcement
period, vessels may not enter the regulated area unless they receive
permission from the Coast Guard Patrol Commander.

C. Discussion of the Final Rule

    The Coast Guard will temporarily suspend the regulation listed in
Table to Sec.  165.506, section (d.) event Number 4, and insert this
temporary regulation at Table to Sec.  165.506, at section (d.) as
event Number ``15'', in order to reflect that the fireworks display
will originate from a barge in the Pasquotank River and therefore the
regulated area is changed. This change is needed to accommodate the
sponsor's event plan. No other portion of the Table to Sec.  165.506 or
other provisions in Sec.  165.506 shall be affected by this regulation.
    The regulated area of this safety zone includes all water of the
Currituck Sound within a 300 yards radius of latitude 36[deg]17'47'' N,
longitude 076[deg]12'17'' W.
    This safety zone will restrict general navigation in the regulated
area during the fireworks event. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area during the effective period. The
regulated area is needed to control vessel traffic during the event for
the safety of participants and transiting vessels.
    The enforcement period for this safety zone does not change from
that enforcement period listed in Sec.  165.506(d) line 4. Therefore,
this safety zone will be enforced from 5:30 p.m. on July 4, 2012
through 1 a.m. on July 5, 2012.
    In addition to notice in the Federal Register, the maritime
community will be provided extensive advance notification via the Local
Notice to Mariners, and marine information broadcasts so mariners can
adjust their plans accordingly.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    This rule prevents traffic from transiting a portion of the
Pasquotank River during the specified event, the effect of this
regulation will not be significant due to the limited duration that the
regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via marine
information broadcasts, local radio stations and area newspapers so
mariners can adjust their plans accordingly. Additionally, this
rulemaking changes the regulated area for the Pasquotank River
fireworks demonstration for July 4, 2011 only and does not change the
permanent regulated area that has been published in 33 CFR 165.506,
Table to Sec.  165.506 at portion ``d'' event Number ``4''. In some
cases vessel traffic may be able to transit the regulated area when the
Coast Guard Patrol Commander deems it is safe to do so.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    This rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in the Pasquotank River where fireworks events are
being held. This regulation will not have a significant impact on a
substantial number of small entities because it will be enforced only
during the fireworks display event that has been permitted by the Coast
Guard Captain of the Port. The Captain of the Port will ensure that
small entities are able to operate in the regulated area when it is
safe to do so. In some cases, vessels will be able to safely transit
around the regulated area at various times, and, with the permission of
the Patrol Commander, vessels may transit through the regulated area.
Before the enforcement period, the Coast Guard will issue maritime
advisories so mariners can adjust their plans accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a

State, local, or tribal government, in the aggregate, or by the private
sector of $100,000,000 (adjusted for inflation) or more in any one
year. Though this rule will not result in such an expenditure, we do
discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (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 the establishment of safety zones. This
rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are 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 rule.

List of Subjects in 33 CFR Part 165

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

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

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; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Amend the Table to Sec.  165.506 as follows:
0
a. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' suspend
entry 4.
0
b. Under, ``(d) Coast Guard Sector North Carolina--COTP Zone,'' add
entry 15, to read as follows:

Sec.  165.506  Safety Zones; Fifth Coast Guard District Fireworks
Displays.

* * * * *

------------------------------------------------------------------------
     Number             Date             Location        Regulated area
------------------------------------------------------------------------

                              * * * * * * *
            (d) Coast Guard Sector North Carolina--COTP Zone
------------------------------------------------------------------------

                              * * * * * * *
15.............  July 4-5, 2012...  Pasquotank River,  All waters of the
                                     Elizabeth City,    Pasquotank River
                                     NC, Safety Zone.   within a 300
                                                        yard radius of
                                                        the fireworks
                                                        launch barge in
                                                        approximate
                                                        position
                                                        latitude
                                                        36[deg]17'47''
                                                        N, longitude
                                                        076[deg]12'17'',
                                                        located near
                                                        Machelhe Island.
------------------------------------------------------------------------

    Dated: June 11, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2012-15107 Filed 6-20-12; 8:45 am]
BILLING CODE 9110-04-P


      Rationale For Chromium Compounds From Wool Fiberglass Manufacturing
We are regulating chromium compounds as a `brick issue' in the NESHAP.  Although the 1999 rule used PM as a surrogate for HAP metals, we believe certain forms of chromium compounds (chromic oxides) have volatile characteristics in the furnace process and are emitted more readily than the other HAP metals present in the PM of the furnace emissions.  Therefore we question whether PM is an appropriate surrogate for the HAP chromium compounds from this source category, but we have no reason to believe that PM is not an appropriate surrogate for other HAP metals from furnace processes. We are therefore proposing emission limits for chromium compounds in the RTR.
Furthermore, we make no distinction between furnaces at area sources and those at major sources.  We are therefore proposing to regulate furnace emissions at wool fiberglass area sources in the same way that we regulate furnaces at major sources in this source category.  We are listing the area source category "wool fiberglass manufacturing"  for regulation under this proposed rule.
The risk assessment concluded that the MIR  for wool fiberglass is 40-in-one million.  We recognize uncertainties inherent in the risk assessment methodology in the preamble to the proposed rule. When risks are between 1-in one-million and 100-in-one million, we generally consider other factors in our determination of whether the risks are acceptable and present an ample margin of safety.  Because glass furnaces must be rebuilt every 7-10 years, and because one facility emits 840 lb of hexavalent chromium per year due to furnace construction using high chrome refractories,  we examined what the risks would be if all wool fiberglass furnaces rebuilt their furnaces using high chrome refractories and as a result emitted at this level. We found under this hypothetical scenario that the risks would be 900 in one million from one facility and over 100 in one million from 7 other facilities.
We believe industry has a strong economic incentive to rebuild glass furnaces using high chrome refractories because this practice extends furnace life almost two-fold.  Therefore, a furnace constructed of high chrome refractories would have to be rebuilt every 14-20 years instead of 7-10 years.  The cost of rebuilding a furnace lies mostly in the labor to rebuild, and not so much in the materials themselves.  This practice costs and additional 15% over the use of conventional refractories for furnace rebuilds.
Moreover, because most of the industry has phased out the use of formaldehyde-based binders in their manufacturing processes, sources that were once major are now area sources.  We have some information indicating that all but 2 facilities are area sources.  While we encourage and applaud the `green' choice across the industry to phase out sources of HAP, we are also concerned that in the near future, furnaces at both area and major sources may choose to rebuild their furnaces using high chrome refractories.  Although this does not change the risk assessment results in the RTR, the hypothetical scenario and the economic incentives presented by high chrome refractories inform our finding of a threat of adverse health effect for the area source finding.
We do not fully understand the properties and all of the different types of chrome compounds that may be emitted from wool fiberglass furnaces at this time. We plan to issue 114 letters to the wool fiberglass industry to gather additional information on refractory composition and complete chrome and hexavalent chromium emission testing.


[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Notices]
[Page 31842]
[FR Doc No: 2023-10641]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26367]

Motor Carrier Safety Advisory Committee (MCSAC); Notice of Public
Meeting

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation.

ACTION: Notice of public meeting.

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

SUMMARY: FMCSA announces a meeting of MCSAC, which will take place via
videoconference.

DATES: The meeting will be held Tuesday and Wednesday, June 6-7, 2023,
from 9:30 a.m. to 4:30 p.m., Eastern Time. Requests for accommodations
because of a disability must be received by Wednesday, May 31. Requests
to register and/or to submit written materials to be reviewed during
the meeting must be received no later than Wednesday, May 31.

ADDRESSES: The meeting will be held via videoconference. Those members
of the public who would like to participate should go to https://www.fmcsa.dot.gov/advisory-committees/mcsac/meetings to access the
meeting, task statements, a detailed agenda for the entire meeting,
meeting minutes and additional information on MCSAC and its activities.

FOR FURTHER INFORMATION CONTACT: Shannon L. Watson, Senior Advisor to
the Associate Administrator for Policy, Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590,<PHONE_NUMBER>, [email protected]. Any
MSCAC-related request or submission should be sent via email to the
person listed in this section.
    Information may also be submitted by docket through Docket Number
FMCSA-2006-26367 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Room W12-140, Washington, DC
20590.
     Hand Delivery: Docket Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC, between 9 a.m. and 5 p.m., E.T. Monday through Friday,
except Federal holidays. To be sure someone is there to help you,
please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting Docket
Operations.

SUPPLEMENTARY INFORMATION:

I. Background

Purpose of the Committee

    MCSAC was established to provide FMCSA with advice and
recommendations on motor carrier safety programs and motor carrier
safety regulations. MCSAC is composed of up to 25 voting
representatives from the motor carrier safety advocacy, safety
enforcement, labor, and industry sectors. The diversity of MCSAC
ensures the requisite range of views and expertise necessary to
discharge its responsibilities. MCSAC operates as a statutory committee
under the authority of the U.S. Department of Transportation (DOT),
established in accordance with the provisions of the Federal Advisory
Committee Act (FACA), as amended (5 U.S.C. app. 2).

Meeting Agenda

    The Agenda for the meeting will consist of:
     A briefing by the NHTSA and FMCSA concerning the most
recent traffic safety data in general, and the commercial motor vehicle
crash (CMV) data.
     A briefing on FMCSA's Large Truck Crash Causal Factors
study plan and objectives.
     A briefing on the National Roadway Safety Strategy,
including the 2023 update released in February followed by a new task,
Task 23-1, relating to the identification of opportunities for FMCSA to
collaborate with stakeholders to gain their commitment for additional
actions to improve CMV safety.
     A briefing on the DOT's Strategic Plan and FMCSA's current
strategic plan, followed by a new task, Task 23-2, regarding FMCSA's
efforts to prepare a new strategic plan for FY 2024-FY 2027.

II. Meeting Participation

    Advance registration is required. Please register at
www.fmcsa.dot.gov/mcsac by the deadline referenced in the DATES
section. The meeting will be open to the public for its entirety. The
U.S. Department of Transportation is committed to providing equal
access to this meeting for all participants. If you need alternative
formats or services because of a disability, such as sign language,
interpretation, or other ancillary aids, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section.
    Oral comments from the public will be heard during the public
comment period only at the discretion of the MCSAC chair and designated
federal officer. FMCSA asks individuals from the public to limit their
comments to one minute on the issues under consideration only. Members
of the public may submit written comments to the person listed in the
FOR FURTHER INFORMATION CONTACT section on the topics to be considered
during the meeting by the deadline referenced in the DATES section.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-10641 Filed 5-17-23; 8:45 am]
BILLING CODE 4910-EX-P


2004 Chemical Prices per pound Stockpiled HCFC 141b $ 3.00 HFC 245fa $ 3.50 HFC 365mfc $ 4.00 Exxsol Cyclopentane ( hydrocarbon) $ 0.90 Exxsol Cyclo/ Isopentane blend ( hydrocarbon) $ 0.80 Transition Comparisons Appliance Industry HCFC 141b formulation HFC 245fa formulation Total Cost per unit in 2001 $ 77.51 $ 82.73 Aerosol Solvent Industry HCFC 141b formulation HFC 365mfc formulation Total Cost per pound in 2004 $ 4.00 $ 4.76 Spray Foam Industry HCFC 141b formulation HFC 245fa formulation Exxsol blend formulation Total Cost per pound in 2004 $ 1.05 $ 1.25 $ 1.10 Other Cost Considerations Capital Investments in Alternatives*

Honeywell HFC 245fa $ 120 150 million ExxonMobil Hydrocarbons ( cyclopentane) $ 60 70 million Systems House ( Formulator) 1.12  1.65 million Additional cost of using hydrocarbons ( both systems house and contractors) $ 100,000  500,000 * Investment normally paid back within 2 years if the transition to alternatives occurs.

Costs for OMB