Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 / Proposed Rules 32781

§ 151.1518 [Corrected]

6. On page 17790, in the introductory

paragraph of § 151.1518, ‘‘inquires’’

should read ‘‘inquiries’’.

Subpart C to Part 151 [Corrected]

7. In the appendix to subpart C of part

151, on page 17791, in line 16 of the

second column, ‘‘were taken? (i.e.,

transfer of water to a land based holding

facility or other approved treatment).’’

should read ‘‘were taken (i.e., transfer of

water to a land based holding facility or

other approved treatment)?’’.

8. In the appendix to subpart C of part

151, on page 17791, in line 10 of the

third column, ‘‘subject to this section’’

should read ‘‘subject to subpart C’’.

Dated: June 10, 1998.

Howard L. Hime,

Acting Director of Standards, Marine Safety

and Environmental Protection.

[FR Doc. 98–15964 Filed 6–15–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 05–98–038]

RIN 2115–AA97

Safety Zone: Atlantic Intracoastal

Waterway, Vicinity of Marine Corps

Base Camp Lejeune, NC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a safety zone in the Atlantic

Intracoastal Waterway (AICW) adjacent

to Marine Corps Base (MCB) Camp

Lejeune, North Carolina which

encompasses the navigable waters of the

AICW and connecting waters between

Cedar Point and Bear Creek. THe safety

zone will improve vessel safety and

permit maximum safe nonmilitary use

of the AICW during times of military

training involving the firing of live

ammunition.

DATES: Comments must be received on

or before September 14, 1998.

ADDRESSES: Comments may be mailed to

Commanding Officer, U.S. Coast Guard

Marine Safety Office Wilmington, 272

North Front Street, Suite 500,

Wilmington, NC 28401–3907 or may be

delivered to Suite 500 at the same

address between 8 a.m. and 4 p.m.,

Monday through Friday, except federal

holidays. The telephone number is (910)

815–4895. Comments will become part

of the docket for this rulemaking and

will be available for inspection or

copying in Suite 500, Marine Safety

Office Wilmington.

FOR FURTHER INFORMATION CONTACT:

LT D.C. Brown, USCG, Project Officer,

c/o Commanding Officer, U.S. Coast

Guard Marine Safety Office Wilmington,

272 North Front Street, Wilmington,

North Carolina 28401–3907, phone: 1–

(800) 325–4956 or (910) 815–4895 ext.

108.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses and identify this

rulemaking (CGD 05–98–038).

Commenters should also identify the

specific section of this proposal to

which each comment applies, and give

the reason for each comment. The Coast

Guard requests that all comments and

attachments be submitted in an

unbound format suitable for copying

and electronic filing. If not practical, a

second copy of any bound material is

requested. Persons wanting

acknowledgment of receipt of comments

should enclose a stamped self addressed

postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period, and may change this proposal in

view of the comments. The Coast Guard

plans no public hearing. Persons may

request a public hearing by writing to

Marine Safety Office Wilmington at the

location under ADDRESSES. The request

should include reasons why a hearing

would be beneficial. If the Coast Guard

determines that the opportunity for oral

presentation will aid this rulemaking, a

public hearing will be held at a time and

place announced in a Federal Register

notice.

Background and Purpose

Military personnel fire live

ammunition on training ranges at

Marine Corps Base (MCB) Camp

Lejeune. During these live firing

exercises, projectiles sometimes travel

across the Atlantic Intracoastal

Waterway (AICW) and into the Atlantic

Ocean. Firing live ammunition across

the AICW creates a hazardous condition

to vessels that may be near the impact

area of the projectiles. Army Corps of

Engineers (ACOE) regulations in 33 CFR

334.440 designate certain coastal and

connecting waters in the vicinity of

Camp Lejeune as either danger zones or

restricted areas.

The ACOE regulations at 33 CFR

334.440(e)(2)(ii) prohibit vessels from

entering the waters between the south

bank of Bear Creek and the north bank

of the north connecting channel

between the AICW and Browns Inlet at

all times. 33 CFR 334.440(e)(2)(iii)

prohibits vessels from passing through

the north connecting channel and the

south connecting channel in the area

between the AICW and Browns Inlet to

the Atlantic Ocean during times of

military use, including live firing and

bombing. These ACOE regulations do

not preclude vessels from transiting the

AICW. The ACOE regulation at 33 CFR

334.440(e)(2)(i) permits vessels to

proceed through the area of the AICW

between Bear Creek and the Onslow

Beach Bridge without stopping except

in cases of extreme emergencies.

Notwithstanding the ACOE

regulations in 33 CFR 334.440(e)(2)(i),

however, the Coast Guard may, in the

interest of public safety, restrict vessel

movement through the AICW by

establishing a safety zone. The Coast

Guard’s current method of controlling

vessel traffic through the AICW during

live firing exercises is by establishing

temporary safety zones that restrict

access to portions of the AICW during

live firing exercises. This proposed rule

would establish a permanent safety zone

that will enhance safety for mariners

and still accommodate necessary

military training. The permanent

regulation will also more adequately

notify mariners about the existence and

location of the safety zone, which has

been established in the past by frequent

temporary rules of short duration.

The Marine Corps’ firing range

training schedule is not extensive.

Generally, mariners will not experience

extended periods (over 12 consecutive

hours) of activity on the ranges. Firing

ranges are used an average of two days

every month. Encountering more than

two consecutive days of range activity

would be unusual. Generally, MCB

Camp Lejeune provides the Coast Guard

2 or 3 weeks notice of its intent to

conduct firing exercises.

This proposal was developed by the

Coast Guard based on discussions with

the Marine Corps, local towboat

operators, fishermen, and recreational

boaters. Based on those discussions, the

Coast Guard believes this proposal is the

best method of enhancing public safety,

allowing maximum access through the

AICW, and facilitating military training

aboard the Marine Corps Base.

Discussion of Proposed Rule

The proposed safety zone would

include a 9 nautical mile section of the

AICW. Specifically, the proposed safety

zone would include the waters of the

AICW and connecting waters, from
32782 Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 / Proposed Rules

Bogue Sound—New River Light 58

(LLNR 39210) at approximate position

34°37′57′′ North, 077°12′18′′ West, and

continuing in the AICW southwest to

Bogue Sound—New River Daybeacon 70

(LLNR 39290) at approximate position

34°33′ 07′′ North, 077°20′ 30′′ West.

Red warning flags or red warning

lights will be displayed on towers

located at both ends of the safety zone

(Bear Creek and Cedar Point) whenever

firing exercises are in progress. The flags

or lights will be displayed by 8 a.m. on

the day of the firing exercise, and will

be removed at the end of the firing

exercise. Vessels from the U.S. Navy

will sweep the entire safety zone and

give an ‘‘all clear’’ to Marine Corps

range control prior to commencing fire.

Navy safety vessels will also sweep the

area used for firing and will report to

range control prior to resuming fire on

any even hour period. The Coast Guard

or U.S. Navy will patrol each end of the

safety zone area to inform mariners of a

particular firing exercise.

Although the safety zone covers an

area of nine nautical miles, actual firing

exercises normally take place within a

2 nautical mile area which does not

change during a particular live firing

exercise. The location of the 2 nautical

mile area within the 9 mile safety zone

may vary from exercise to exercise,

however. While the safety zone is

activated during the live fire exercises,

permission may be granted to transit in

non-firing areas of the safety zone.

Consequently, even though the

proposed safety zone would extend for

9 nautical miles, the Coast Guard would

publish in the Local Notice to Mariners

and announce in a Broadcast Notice to

Mariners, the location within the safety

zone of the two nautical mile area that

the live firing exercise will occupy

which would be subject to transit

restrictions, and which portions of the

safety zone not affected by the live firing

exercise that the COTP has given

advance permission to transit.

Also, during a live firing exercise, the

Marines only fire ordnance during

alternating hours. Thus, there would be

alternating one hour periods of closure

and opening of this 2 nautical mile area

for vessel transits. For example, during

a 12-hour firing exercise, there would be

alternate one hour periods of closure

and opening for vessel transits (i.e., 1

hour of closure, one hour of opening,

and so on). All vessels would be

prohibited from entering the two

nautical mile firing area during onehour periods beginning at the start of

even-numbered hours, local time.

During odd-numbered hours, local time,

vessels would be permitted to pass

through the firing area as long as the

vessel would be able to exit the firing

area before the beginning of the next

even-numbered hour. For example, if

the firing area in the AICW were closed

between 8 a.m. and 9 a.m., then from 9

a.m. to 10 a.m. vessel traffic may transit,

and shall completely clear the area. At

10 a.m. the firing area in the AICW

would again be closed to vessel traffic

for the next hour, and so on.

The specific times that the safety zone

will be activated would be announced

in a Broadcast Notice to Mariners, and

published in a Notice to Mariners when

practical. Because the live-firing

schedule is not extensive, and because

general permission may be granted to

transit all but 2 nautical miles of the

safety zone when activated, the Coast

Guard expects the impact of this

proposed rule on commercial and

recreational traffic to be minimal.

To summarize, the Coast Guard is

proposing to establish a 9 nautical mile

safety zone in the AICW. The Coast

Guard may grant general permission to

transit the non-hazardous parts of the

safety zone while it is in effect.

Additionally, vessels would be

permitted to transit the live-firing area

of the safety zone during specified

hours.

Regulatory Evaluation

This proposed rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this proposed rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. The Coast Guard

does not expect extensive activation of

this proposed safety zone. Furthermore,

general permission to enter the nonhazardous parts of the safety zone may

be granted, and the rest of the safety

zone would be open to traffic during

specified hours. Therefore, the Coast

Guard expects the impact on routine

navigation to be minimal.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal, if

adopted, will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ include independently owned

and operated small businesses that are

not dominant in their field and that

otherwise qualify as ‘‘small business

concerns’’ under section 3 of the Small

Business Act (15 U.S.C. 623). Because it

expects the impact of this proposal to be

minimal, the Coast Guard certifies

under 5 U.S.C. 605(b) that this proposal,

if adopted, will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This proposal contains no information

collection requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

proposal under the principles and

criteria contained in Executive Order

12612 and has determined that this

proposal does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that under figure 2–1,

paragraph (34)(g) of COMDTINST

M16475.1C, this proposed rule is

categorically excluded from further

environmental documentation. This

proposed rule establishes a permanent

safety zone in the area of live weapons

firing exercises at Marine Corps Base

Camp Lejeune. It does not allow any

new or additional activity in the safety

zone, but merely establishes regulations

to provide for the safety of mariners

transiting the area of the firing exercises.

A Categorical Exclusion Determination

statement has been prepared and placed

in the rulemaking docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine Safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 165 as follows:

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. A new § 165.514 is added to read

as follows:

§ 165.514 Safety Zone: Atlantic

Intracoastal Waterway and connecting

waters, vicinity of Marine Corps Base Camp

Lejeune, North Carolina.

(a) Location. The following area is a

safety zone: All waters of the Atlantic
Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 / Proposed Rules 32783

Intracoastal Waterway (AICW) and

connecting waters, from Bogue Sound—

New River Light 58 (LLNR 39210) at

approximate position 34°37′57′′ North,

077°12′18′′ West, and continuing in the

AICW southwest to Bogue Sound—New

River Daybeacon 70 (LLNR 39290) at

approximate position 34°33′07′′ North,

077°20′30′′ West. All coordinates

reference Datum: NAD 1983.

(b) Notwithstanding the provisions of

33 CFR 334.440(e)(2)(i), no vessel may

enter the safety zone described in

paragraph (a) of this section while

weapons firing exercises are in progress,

except as provided in paragraph (c) of

this section or unless permitted by the

Captain of the Port (COTP) Wilmington.

(1) Red warning flags or red warning

lights will be displayed on towers

located at both ends of the safety zone

(Bear Creek and Cedar Point) while

firing exercises are in progress. The flags

or lights will be displayed by 8 a.m. on

days where firing exercises are

scheduled, and will be removed at the

end of the firing exercise.

(2) A Coast Guard of U.S. Navy vessel

will patrol each end of the safety zone

to ensure the public is aware that firing

exercises are in progress and that the

firing area is clear of vessel traffic before

weapons are fired.

(c)(1) The COTP Wilmington will

announce the specific times and

locations of firing exercises by

Broadcast Notice to Mariners and Local

Notice to Mariners. Normally, weapons

firing for each firing exercise is limited

to a two nautical mile portion of the

safety zone. The COTP may issue

general permission to transit all or

specified parts of the safety zone outside

of the actual firing area or if firing is

temporarily stopped. This general

permission will be announced in a

Local Notice to Mariners and Broadcast

Notice to Mariners.

(2) Weapons firing will be suspended

and vessels permitted to transit the

specified two nautical mile firing area

for a one-hour period beginning at the

start of each odd-numbered hour local

time (e.g., 9 a.m.; 1 p.m.). A vessel may

not enter the specified firing area unless

it will be able to complete its transit of

the firing area before firing exercises are

scheduled to re-start at the beginning of

the next even-numbered hour.

(d) U.S. Navy safety vessels may be

contacted on VHF marine band radio

channels 13 (156.65 Mhz) and 16 (156.8

Mhz). The Captain of the Port may be

contacted at the Marine Safety Office,

Wilmington, NC by telephone at 1–(800)

325–4956 or (910) 815–4895.

Dated: June 1, 1998.

Roger T. Rufe, Jr.,

Vice Admiral, U.S. Coast Guard, Commander,

Fifth Coast Guard District.

[FR Doc. 98–15896 Filed 6–15–98; 8:45 am]

BILLING CODE 4910–15–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[AD–FRL–6106–7]

Standards of Performance for New

Stationary Sources and Guidelines for

Control of Existing Sources: Municipal

Solid Waste Landfills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: This action proposes to

amend, correct, and clarify regulatory

text of the ‘‘Standards of Performance

for New Stationary Sources and

Guidelines for Control of Existing

Sources: Municipal Solid Waste

Landfills,’’ which was issued as a final

rule on March 12, 1996. These revisions

add definitions, clarify regulatory text,

and correct typographical and cross

referencing errors and inconsistencies.

Because these revisions do not change

the intent of the NSPS and emission

guidelines, the Agency does not

anticipate receiving adverse comments.

Consequently the revisions are also

being issued as a direct final rule in the

final rules section of this Federal

Register. If no relevant adverse

comments are timely received, no

further action will be taken with respect

to this proposal and the direct final rule

will become final on the date provided

in that action.

DATES: Comments. Comments must be

received on or before July 16, 1998,

unless a hearing is requested by June 26,

1998. If a hearing is requested, written

comments must be received by July 31,

1998.

Public Hearing. Anyone requesting a

public hearing must contact the EPA no

later than June 26, 1998. If a public

hearing is held, it will take place on July

1, 1998, beginning at 10:00 a.m. at the

address below.

ADDRESSES: Comments. Comments

should be submitted (in duplicate, if

possible) to: Air and Radiation Docket

and Information Center (MC–6102),

Attention Docket Number A–88–09/

Category V–D, U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460. The EPA

requests that a separate copy also be

sent to the contact person listed below.

Refer to SUPPLEMENTARY INFORMATION for

information regarding electronic

submittal of comments.

Public Hearing. If a public hearing is

held, it will be held at the EPA’s Office

of Administration Auditorium, Research

Triangle Park, North Carolina or at an

alternate site nearby. Persons interested

in attending the hearing or wishing to

present oral testimony should notify Ms.

JoLynn Collins, U.S. Environmental

Protection Agency, Research Triangle

Park, NC 27711, telephone (919) 541–

5671.

Docket. Docket No. A–88–09,

containing the supporting information

for the original new source performance

standards (NSPS) and this action, is

available for public inspection and

copying between 8:00 a.m. and 5:30

p.m., Monday through Friday, at the

EPA’s Air and Radiation Docket and

Information Center (Mail Code-6102),

401 M Street SW, Washington DC

20460, or by calling (202) 260–7548.

The docket is located at the above

address in Room M–1500, Waterside

Mall (ground floor, central mall). A

reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT: For

information concerning this notice and

analyses performed on developing this

rule, contact Ms. Michele Laur, Waste

and Chemical Processes Group,

Emission Standards Division (MD–13),

U.S. Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, telephone number (919) 541–

5256. For implementation issues,

contact Mary Ann Warner, Program

Review Group, Information Transfer and

Program Integration Division (MD–12),

U.S. Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, telephone number (919) 541–

1192. For information on the landfill

model, contact Susan Thorneloe

through the internet at:

thorneloe.susan@epamail.epa.gov. For

information concerning applicability

and rule determinations, contact the

appropriate regional representative:

Region I: Greg Roscoe, Air Programs

Compliance Branch Chief, U.S. EPA/

ASO, Region I, JFK Federal Building,

Boston, MA 02203, (617) 565–3221

Region II: Christine DeRosa, U.S. EPA

Region II, 290 Broadway, 25th Floor,

New York, NY 10007–1866, (212)

637–4022

Region III: James Topsale, U.S. EPA/

3AP22 Region III, 841 Chestnut

Building, Philadelphia, PA 10107,

(215) 566–2190

Region IV: R. Douglas Neeley, Chief, Air

and Radiation, Technology Branch,

U.S. EPA Region IV, 61 Forsyth St.,