9276 Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Proposed Rules 

§ 100.35–T05–0046 Special Local 

Regulations for Marine Events; Severn 

River, Spa Creek and Annapolis Harbor, 

Annapolis, MD. 

(a) Regulated area. The following 

location is a regulated area: All waters 

of the Spa Creek and Annapolis Harbor, 

within lines connecting the following 

positions: From position latitude 

38°58′34′′ N, longitude 076°29′05′′ W, 

thence to position latitude 38°58′27′′ N, 

longitude 076°28′55′′ W, and from 

position latitude 38°58′53′′ N, longitude 

076°28′34′′ W to position latitude 

38°58′21′′ N, longitude 076°28′26′′ W. 

All coordinates reference Datum NAD 

1983. 

(b) Definitions: (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(c) Special local regulations: (1) The 

Coast Guard Patrol Commander may 

forbid and control the movement of all 

vessels and persons in the regulated 

area. When hailed or signaled by an 

official patrol vessel, a vessel or person 

in the regulated area shall immediately 

comply with the directions given. 

Failure to do so may result in expulsion 

from the area, citation for failure to 

comply, or both. 

(2) All Coast Guard vessels enforcing 

this regulated area can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz). 

(3) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event date and times. 

(d) Enforcement period: This section 

will be enforced from 6 a.m. until 9 a.m. 

on May 14, 2011. 

Dated: February 3, 2011. 

Brian W. Roche, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Baltimore. 

[FR Doc. 2011–3570 Filed 2–16–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 154 and 155 

[Docket No. USCG–1998–4354 and USCG– 

1999–5705] 

RIN 2115–AE87 and 2115–AE88 

Tank Vessel and Marine 

Transportation-Related Facility 

Response Plans for Hazardous 

Substances 

AGENCY: Coast Guard, DHS. 

ACTION: Proposed rules; reopening of 

comment period. 

SUMMARY: The Coast Guard is reopening 

the comment periods on two proposed 

rules before issuing final rules regarding 

Tank Vessel Response Plans for 

Hazardous Substances (USCG–1998– 

4354) and Marine TransportationRelated Facility Response Plans for 

Hazardous Substances (USCG–1999– 

5705). The Coast Guard previously 

published two notices of proposed 

rulemaking (NPRMs) proposing to 

require response plans for certain tank 

vessels operating on the navigable 

waters of the United States, as well as 

marine transportation-related facilities, 

that could reasonably be expected to 

cause substantial harm to the 

environment by discharging a hazardous 

substance. The proposed regulations 

were published to implement the 

requirements put into place by the Oil 

Pollution Act of 1990, but were never 

published as final rules. Because of the 

lapse in time since the NPRM 

publications, the Coast Guard is 

reopening the comment period to allow 

for any additional or updated comments 

from the public before publishing the 

final rules. 

DATES: Comments and related material 

must either be submitted to the 

appropriate online docket via http:// 

www.regulations.gov on or before May 

18, 2011 or reach the Docket 

Management Facility by that date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

1998–4354 and/or USCG–1999–5705 

using any one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. Please submit comments to 

the appropriate docket; if your 

comments apply to both proposed rules, 

please submit them to both dockets. 

Viewing incorporation by reference 

material: You may inspect the material 

proposed for incorporation by reference 

at room 2100, U.S. Coast Guard 

Headquarters, 2100 Second Street, SW., 

Washington, DC 20593–0001 between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

telephone number is 202–267–6716. 

Copies of the material are available as 

indicated in the ‘‘Incorporation by 

Reference’’ section of this preamble. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Raymond Martin, 

Coast Guard; telephone 202–372–1449, 

e-mail Raymond.W.Martin@uscg.mil. 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: 

I. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–1998–4354 and/or 

USCG–1999–5705), indicate the specific 

section of this document to which each 

comment applies, and provide a reason 

for each suggestion or recommendation. 

You may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Proposed Rules 9277 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–1998–4354’’ or ‘‘USCG–1999– 

5705’’ in the ‘‘Keyword’’ box. Click 

‘‘Search’’ then click on the balloon shape 

in the ‘‘Actions’’ column. If you submit 

your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. 

We will consider all comments and 

material received during the comment 

period and may change this proposed 

rule based on your comments. 

B. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–1998– 

4354’’ or ‘‘USCG–1999–5705’’ and click 

‘‘Search.’’ Click the ‘‘Open Docket 

Folder’’ in the ‘‘Actions’’ column. If you 

do not have access to the internet, you 

may view the docket online by visiting 

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. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

C. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

D. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to either docket using one of the 

methods specified under ADDRESSES. In 

your request, explain why you believe a 

public meeting would be beneficial. If 

we determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

II. Background 

The Clean Water Act (CWA), as 

amended by section 4202(a)(6) of the Oil 

Pollution Act of 1990 (OPA 90), requires 

owners or operators of tank vessels, 

offshore facilities, and onshore facilities 

to prepare response plans to mitigate 

spills of both oils and hazardous 

substances. Specifically, it requires the 

owners and operators of those vessels 

and facilities that could reasonably be 

expected to cause substantial or 

significant and substantial harm to the 

environment to prepare and submit 

response plans. These plans must 

address measures to respond, to the 

maximum extent practicable, to a worstcase discharge or a substantial threat of 

such a discharge, of oil or a hazardous 

substance into or on navigable waters, 

adjoining shorelines, or the exclusive 

economic zone of the United States. The 

primary purpose of requiring response 

plans is to minimize impact of a 

discharge of oil or hazardous substances 

into the navigable waters of the United 

States. 

In response to the Congressional 

statute, the Coast Guard promulgated 

several rules regarding response plans 

for oil spills. The Final Rule for oil spill 

response plans for vessels was 

published on January 12, 1996 (61 FR 

1052), and the rule for facilities 

followed on February 29, 1996 (61 FR 

7890). 

In addition to publication of oil spill 

response plan regulations, we published 

proposals regarding response plans for 

hazardous substances. On May 3, 1996, 

we published an ANRPM addressing 

vessel and facility response plans (61 FR 

20084). The ANPRM discussed the 

background, statutory requirements, and 

possible regulatory approaches to 

developing plans for hazardous 

substance releases. It also posed 96 

questions, and the Coast Guard 

Received 42 comment letters replying to 

the ANPRM. 

The Coast Guard gathered additional 

information to formulate hazardous 

substance response plans from the 

public during public meetings and a 

response plan workshop. We conducted 

two public meetings on July 30, 1996, in 

Washington, DC, and August 5, 1996, in 

Houston, TX. The Coast Guard held a 

workshop and meeting in Houston, TX 

to engage various stakeholders in issues 

that had been identified as significant in 

response to the ANPRM. The workshop 

focused on four specific issues 

identified in advance: (1) The role and 

contents of first responders’ guides; 

(2) the role and capabilities of decision 

support systems; (3) chemical removal 

technology; and (4) public responder 

versus private responder issues. 

Finally, the Coast Guard received 

recommendations from advisory 

committees. Under the auspices of the 

Chemical Transportation Advisory 

Committee (CTAC), the Hazardous 

Substances Response Plan 

Subcommittee was formed to develop 

and recommend hazardous substance 

response plan criteria for the agency’s 

consideration in developing 

requirements for response plans. The 

subcommittee formed working groups to 

address the various aspects of response 

planning: Fate and effects, response 

resources and methodology, and 

planning process. Based on the work 

done by these groups, the subcommittee 

delivered a report containing findings 

and recommendations, which was 

considered by the Coast Guard in 

developing its proposed regulations. 

Based on the comments provided to 

the Coast Guard from the sources listed 

above, we published two separate 

NPRMs proposing to require hazardous 

substance response plans for tank 

vessels and marine transportationrelated facilities on March 22, 1999 and 

March 31, 2000, respectively (64 FR 

13734 and 65 FR 17416). The intent of 

the proposed regulations was to ensure 

access to the necessary information and 

equipment during a response to a spill 

of hazardous substances, as well as to 

ensure the availability of appropriate 

technical expertise as necessary. The 

proposed requirements allowed for 

flexibility in determining how to 

respond to a particular spill, given that 

the disparate nature of spills of 

hazardous substances do not lend 

themselves to standardized procedures, 

unlike the comparatively standardized 

procedures for oil spill responses. 

The premise of the proposed 

regulations is that, through an analysis 

of the required information by area 

specialists, the most appropriate 

response strategies for dealing with a 

particular spill could be identified and 

performed. Furthermore, the proposed 

regulations were intended to 

accommodate the use of the National 

Response Team’s Integrated 

Contingency Plan (ICP) Guidance, 

published in the Federal Register on 

June 5, 1996 (61 FR 28642). This 

guidance provided a mechanism for 

consolidating multiple plans into one 

functional emergency response plan, 

minimizing or eliminating duplication 

of information. In addition, the 

proposed regulations allowed plans to 

be structured in such a way that oil 

response plans for tank vessels and 

facilities could be amended or 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
9278 Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Proposed Rules 

augmented to meet the requirements for 

hazardous substances. 

At this time, we believe that the 

proposed regulations provide a basis to 

develop strong, flexible plans to address 

spills of hazardous substances. The 

proposals also encourage plans that 

make use of industry best practices and 

comply with international standards. 

We encourage readers to refer to the 

published NPRMs and their supporting 

documents for a more complete 

discussion of the proposed regulations. 

III. Discussion 

In the Coast Guard Authorization Act 

of 2010 (Pub. L. 111–281), Congress 

mandated that the agency promulgate 

final rules pursuant to section 311 of the 

CWA within 18 months. Despite 

publishing proposals for hazardous 

substance response plans in 1999 and 

2000, the Coast Guard has not yet issued 

final rules on this issue. However, in 

accordance with the legislative 

mandate, we are planning to publish 

final rules based on these proposals 

within the required timeframe. The final 

rules will consider all of the comments 

received in the course of this 

rulemaking action, both written and 

presented in public meetings. 

In this notice, the Coast Guard is 

reopening the comment period for the 

NPRMs on hazardous substance 

response plans for tank vessels and 

marine transportation-related facilities. 

At this time, we are not yet responding 

to comments received in response to the 

NPRMs, nor are we changing the 

proposals in any way. Due to the length 

of time that has elapsed since the 

publication of the proposed rules, we 

are reopening the comment period to 

solicit additional or updated comments 

regarding the proposed hazardous 

substance response plan regulations. 

Such information may relate to changed 

market conditions, industry practices, 

improvements in technology, or any 

other matter addressed by the proposed 

regulations. 

One issue on which we are 

specifically not requesting comments at 

this time is the expansion of the 

requirement for response plans to 

noxious liquid substances not covered 

by 40 CFR part 116. In Section 701 of 

the Coast Guard and Maritime 

Transportation Act of 2004 (Pub. L. 

108–219), Congress amended the CWA 

by adding paragraph (B) to 33 U.S.C. 

1321(j)(5), which authorized the Coast 

Guard to require response plans for 

noxious liquid substances not covered 

under other regulations. However, 

because the agency is required to 

publish a final rule by April of 2012, we 

will not be able to incorporate those 

chemicals into the current response 

plan proposals. The agency is closely 

studying the matter and intends to 

propose regulations in the future 

regarding those additional chemicals. 

IV. Incorporation by Reference 

Material proposed for incorporation 

by reference appears in § 155.3035 of 

the proposed text. You may inspect this 

material at U.S. Coast Guard 

Headquarters where indicated under 

ADDRESSES. Copies of the material are 

available from the sources listed in 

§ 155.140. 

Dated: February 11, 2011. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards, U.S. Coast Guard. 

[FR Doc. 2011–3568 Filed 2–16–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0034] 

RIN 1625–AA00 

Safety Zone; Fourth Annual Offshore 

Challenge, Sunny Isles Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone in the 

Atlantic Ocean east of Sunny Isles 

Beach, Florida for the Fourth Annual 

Offshore Challenge. The Fourth Annual 

Offshore Challenge will consist of a 

series of high-speed boat races. The boat 

races are scheduled to take place from 

Friday, June 17, 2011 through Sunday, 

June 19, 2011. The temporary safety 

zone is necessary for the safety of race 

participants, spectators, and the general 

public. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before March 15, 2011. See the 

SUPPLEMENTARY INFORMATION for 

discussion of the anticipated effective 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–0034 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Lieutenant Paul A. 

Steiner, Sector Miami Prevention 

Department, Coast Guard; telephone 

305–535–8724, e-mail 

Paul.A.Steiner@uscg.mil. 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: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2011–0034), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS