82_FR_13126 82 FR 13081 - Special Local Regulations and Safety Zones; Annually Recurring Events in Coast Guard Southeastern New England Captain of the Port Zone

82 FR 13081 - Special Local Regulations and Safety Zones; Annually Recurring Events in Coast Guard Southeastern New England Captain of the Port Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 45 (March 9, 2017)

Page Range13081-13084
FR Document2017-04563

The Coast Guard proposes to amend a special local regulation to change the method of providing notice to the public when enforcing the safety zone associated with the biennial Newport/Bermuda Race. The Coast Guard also proposes to establish permanent safety zones in Coast Guard Southeastern New England Captain of the Port (COTP) Zone for several recurring marine events. When the special local regulation or safety zones are activated and subject to enforcement, vessels and people may be restricted from portions of water areas that may pose a hazard to public safety. The revised special local regulation and safety zones would expedite public notification of the applicable marine events, and help protect the maritime public and event participants from hazards associated with these recurring marine events. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 45 (Thursday, March 9, 2017)
[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Proposed Rules]
[Pages 13081-13084]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04563]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2016-1022]
RIN 1625-AA08; AA00


Special Local Regulations and Safety Zones; Annually Recurring 
Events in Coast Guard Southeastern New England Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to amend a special local regulation 
to change the method of providing notice to the public when enforcing 
the safety zone associated with the biennial

[[Page 13082]]

Newport/Bermuda Race. The Coast Guard also proposes to establish 
permanent safety zones in Coast Guard Southeastern New England Captain 
of the Port (COTP) Zone for several recurring marine events. When the 
special local regulation or safety zones are activated and subject to 
enforcement, vessels and people may be restricted from portions of 
water areas that may pose a hazard to public safety. The revised 
special local regulation and safety zones would expedite public 
notification of the applicable marine events, and help protect the 
maritime public and event participants from hazards associated with 
these recurring marine events. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 10, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-1022 using the Federal e-Rulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, contact Mr. Edward G. LeBlanc, Chief of the 
Waterways Management Division at Coast Guard Sector Southeastern New 
England, telephone 401-435-2351, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Acronyms

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNTM Local Notice To Mariners
NOE Notice of Enforcement
NPRM Notice of proposed rulemaking
Sec.  Section
TFR Temporary Final Rule
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The legal basis for the proposed rule is 33 U.S.C. 1225, 1226, 
1231, 1233; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 
Public Law 107-295, 116 Stat. 2064; and Department of Homeland Security 
Delegation No. 0170.1, which collectively authorize the Coast Guard to 
define safety zones and special local regulations.
    In 33 CFR part 100.119 the Coast Guard is required to publish a NOE 
in the Federal Register (FR) for the safety zone associated with the 
Newport/Bermuda Race. We have found this process to be cumbersome for 
the Coast Guard and of little value to the maritime public, as few read 
the FR on a regular basis. For virtually all other recurring marine 
events in the Southeastern New England COTP Zone, including those 
listed in 33 CFR 165, NOE is required to be published in the weekly 
LNTM, a far more widely-read publication among mariners. Consequently, 
the Coast Guard is proposing to change the means by which we provide 
NOE for the Newport/Bermuda Race safety zone from the FR to the LNTM.
    Likewise, most recurring marine events in the Southeastern New 
England COTP Zone are listed in the Table to 33 CFR 165.173. In the 
past few years two new recurring marine events, (1) the Fall River 
Grand Prix, and (2) the Cape Cod Bay Challenge, have been held in this 
Zone, and the Coast Guard has established safety zones through a TFR 
each year as necessary. This proposed rule includes these recurring 
events in the comprehensive list of recurring marine events in the 
Table at 33 CFR 165.173. By including these two newer events in the 
permanent regulations at 33 CFR 165, the Coast Guard will eliminate the 
need to establish temporary rules each year.

III. Discussion of Proposed Rule

    The Coast Guard proposes to change the method of providing a NOE to 
the public for the biennial Newport to Bermuda Race by deleting the 
requirement to post notice in the FR and instead require a NOE to be 
posted in the LNTM, as is done for all other Coast Guard-permitted 
recurring marine events in the Coast Guard Southeastern New England 
COTP zone.
    The Coast Guard also proposes to established safety zones for two 
recently-established major annual marine events: (1) The Fall River 
Grand Prix, and (2) the Cape Cod Bay Challenge. The two events would be 
included in the Table at 33 CFR 165.173, which is a listing of 
recurring major marine events in the Coast Guard Southeastern New 
England COTP Zone. The TABLE provides the event name, type, and 
approximate safety zone dimensions as well as approximate dates, times, 
and locations of the events. The specific times, dates, regulated areas 
and enforcement period for each event will be provided through the 
Local Notice to Mariners.
    This proposed regulation would prevent vessels from transiting 
through special local regulation areas or safety zones during the 
periods of enforcement to ensure the protection of the maritime public 
and event participants from the hazards associated with listed annual 
recurring events. Only event sponsors, designated participants, and 
official patrol vessels will be allowed to enter safety zones and 
special local regulation areas. Spectators and other vessels not 
registered as event participants may not enter the regulated areas 
without the permission of the COTP or the COTP's designated 
representative. The regulatory text we are proposing appears at the end 
of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    With respect to the change in method of providing the NOE for the 
Newport/Bermuda Race, this NPRM proposes utilizing an approach that the 
Coast Guard believes is more effective, less costly, and more flexible. 
By utilizing an LNTM to provide the NOE for the Newport/Bermuda race, 
the Coast Guard will be able to better inform waterway users in a more 
timely manner. With respect to the safety zones for the recurring 
marine events, this regulatory action determination is based on the 
size, location, duration, and time-of-day of the safety zone. Vessels 
will only be restricted from safety zones and special local regulation 
areas for a short duration of time; vessels may transit in all portions 
of the affected waterway except for those areas covered by the proposed 
regulated areas, and vessels may enter or pass through the affected 
waterway with the permission of the COTP or the COTP's representative. 
By including these two recurring marine events in the permanent 
regulation at 33 CFR 165.173, the Coast Guard will eliminate the need 
to establish individual temporary rules for each separate event that 
occurs on an annual

[[Page 13083]]

basis, thereby limiting the costs of cumulative regulations.
    Notifications will be made to the local maritime community through 
the LNTM in advance of the events. The Notifications will include the 
exact dates and times of enforcement, and no new or additional 
restrictions will be imposed on vessel traffic.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zones may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule makes an 
administrative change to the method of notification of one marine 
event, and involves the establishment of temporary safety zones in 
conjunction with two recurring marine events in Southeastern New 
England COTP Zone. Normally such actions are categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of Commandant 
Instruction M16475.lD. A preliminary environmental analysis checklist 
is available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record-keeping 
requirements, Waterways.

[[Page 13084]]

33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for Part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Revise paragraph (c) to read as follows:
* * * * *
    (c) Effective date. This section is in effect biennially on a date 
and times published in the Local Notice To Mariners.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. The authority citation for Part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-
1, 6.04-6,and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
4. Add new section 8.4 and 8.5 to the Table at Sec.  165.173.


Sec.  165.173  Safety Zones for annually recurring marine events held 
in Coast Guard Southeastern New England Captain of the Port Zone.

* * * * *

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
8.4 Fall River Grand Prix...........   Event Type: Offshore powerboat race.
                                       Date: One weekend (Friday, Saturday, & Sunday) in August as
                                       announced in the Local Notice to Mariners.
                                       Time: Approximately 8 a.m. to 5 p.m. daily
                                       Location: Taunton River, Massachusetts, in the vicinity Fall
                                       River and Somerset, MA.
                                       Safety Zone Dimension: Mt Hope Bay and the Taunton River
                                       navigation channel from approximately Mt Hope Bay buoy R10 southwest of
                                       Brayton Point channel, and extending approximately two miles to the
                                       northeast up to and including Mt Hope Bay buoy C17 north of the Braga
                                       Bridge. The safety zone is encompassed by the following coordinates (NAD
                                       83):
                                     ---------------------------------------------------------------------------
                                               Corner                   Latitude                Longitude
                                     ---------------------------------------------------------------------------
                                      SW.                       41[deg]41.40' N.         71[deg]11.15' W.
                                      NW.                       41[deg]41.48' N.         71[deg]11.15' W.
                                      SE.                       41[deg]42.33' N.         71[deg]09.40' W.
                                      NE.                       41[deg]42.42' N.         71[deg]09.47' W.
                                     ---------------------------------------------------------------------------
8.5 Cape Cod Bay Challenge..........   Event Type: Paddleboard excursion.
                                       Date: One weekend day (Saturday or Sunday) in August.
                                       Time: Approximately 4:30 a.m. to 4:30 p.m.
                                       Location: Departing from Scusset Beach, Sandwich, MA, and
                                       transiting to Wellfleet Harbor, Wellfleet, MA.
                                       Position: A line drawn from Scusset Beach at approximate position
                                       41[deg]47' N., 70[deg]30' W., to Wellfleet Harbor at approximate position
                                       41[deg]53' N., 70[deg]02' W. (NAD 83).
                                       Safety Zone Dimension: Approximately 500 yards extending in each
                                       direction from the line described above.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: February 22, 2017.
Richard J. Schultz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New 
England.
[FR Doc. 2017-04563 Filed 3-8-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                            Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Proposed Rules                                                 13081

                                                      (3) Will not affect intrastate aviation               applicable related investigative and                  paragraphs (j)(4)(i) and (j)(4)(ii) of this AD
                                                    in Alaska, and                                          corrective actions, in accordance with the            apply.
                                                      (4) Will not have a significant                       Accomplishment Instructions of Boeing                    (i) The steps labeled as RC, including
                                                    economic impact, positive or negative,                  Service Bulletin 737–57–1320, dated October           substeps under an RC step and any figures
                                                                                                            7, 2016, except as required by paragraph              identified in an RC step, must be done to
                                                    on a substantial number of small entities               (i)(2) of this AD. Do all applicable related          comply with the AD. If a step or substep is
                                                    under the criteria of the Regulatory                    investigative and corrective actions before           labeled ‘‘RC Exempt,’’ then the RC
                                                    Flexibility Act.                                        further flight.                                       requirement is removed from that step or
                                                    List of Subjects in 14 CFR Part 39                      (h) Revise the Maintenance or Inspection              substep. An AMOC is required for any
                                                                                                            Program                                               deviations to RC steps, including substeps
                                                      Air transportation, Aircraft, Aviation                                                                      and identified figures.
                                                    safety, Incorporation by reference,                        Prior to or concurrently with                         (ii) Steps not labeled as RC may be
                                                    Safety.                                                 accomplishment of the actions required by             deviated from using accepted methods in
                                                                                                            paragraph (g) of this AD, or within 30 days           accordance with the operator’s maintenance
                                                    The Proposed Amendment                                  after the effective date of this AD, whichever        or inspection program without obtaining
                                                                                                            occurs later: Revise the maintenance or               approval of an AMOC, provided the RC steps,
                                                      Accordingly, under the authority                      inspection program, as applicable, to
                                                    delegated to me by the Administrator,                                                                         including substeps and identified figures, can
                                                                                                            incorporate Airworthiness Limitation 28–              still be done as specified, and the airplane
                                                    the FAA proposes to amend 14 CFR part                   AWL–30, ‘‘Upper Wing Fuel Tank Access                 can be put back in an airworthy condition.
                                                    39 as follows:                                          Panel—Lightning Protection Electrical Design
                                                                                                            Features,’’ as specified in Boeing 737–12345          (k) Related Information
                                                    PART 39—AIRWORTHINESS                                   Airworthiness Limitations (AWLs) and                     (1) For more information about this AD,
                                                    DIRECTIVES                                              Certification Maintenance Requirements                contact Christopher Baker, Aerospace
                                                                                                            (CMRs) D6–38278–CMR, dated May 2016.                  Engineer, Propulsion Branch, ANM–140S,
                                                    ■ 1. The authority citation for part 39                                                                       FAA, Seattle Aircraft Certification Office
                                                                                                            (i) Service Information Exceptions
                                                    continues to read as follows:                                                                                 (ACO), 1601 Lind Avenue SW., Renton, WA
                                                                                                               (1) Where Boeing Service Bulletin 737–57–
                                                        Authority: 49 U.S.C. 106(g), 40113, 44701.                                                                98057–3356; phone: 425–917–6498; fax: 425–
                                                                                                            1320, dated October 7, 2016, specifies a
                                                                                                                                                                  917–6590; email: christopher.r.baker@
                                                    § 39.13   [Amended]                                     compliance time ‘‘after the original issue date
                                                                                                                                                                  faa.gov.
                                                                                                            of this service bulletin,’’ this AD requires
                                                    ■ 2. The FAA amends § 39.13 by adding                                                                            (2) For service information identified in
                                                                                                            compliance within the specified compliance
                                                    the following new airworthiness                                                                               this AD, contact Boeing Commercial
                                                                                                            time after the effective date of this AD.
                                                    directive (AD):                                                                                               Airplanes, Attention: Contractual & Data
                                                                                                               (2) Where Boeing Service Bulletin 737–57–
                                                                                                                                                                  Services (C&DS), 2600 Westminster Blvd.,
                                                    The Boeing Company: Docket No. FAA–                     1320, dated October 7, 2016, specifies to
                                                                                                                                                                  MC 110–SK57, Seal Beach, CA 90740–5600;
                                                        2017–0128; Directorate Identifier 2016–             contact Boeing for repair instructions, and
                                                                                                                                                                  telephone 562–797–1717; Internet https://
                                                        NM–194–AD.                                          specifies that action as Required for
                                                                                                            Compliance (RC), this AD requires repair              www.myboeingfleet.com. You may view this
                                                    (a) Comments Due Date                                   using a method approved in accordance with            referenced service information at the FAA,
                                                                                                            the procedures specified in paragraph (j) of          Transport Airplane Directorate, 1601 Lind
                                                      We must receive comments by April 24,                                                                       Avenue SW., Renton, WA. For information
                                                    2017.                                                   this AD.
                                                                                                                                                                  on the availability of this material at the
                                                    (b) Affected ADs                                        (j) Alternative Methods of Compliance                 FAA, call 425–227–1221.
                                                                                                            (AMOCs)
                                                      None.                                                                                                         Issued in Renton, Washington, on March 2,
                                                                                                               (1) The Manager, Seattle Aircraft                  2017.
                                                    (c) Applicability                                       Certification Office, FAA, has the authority to       Michael Kaszycki,
                                                       This AD applies to all The Boeing                    approve AMOCs for this AD, if requested
                                                                                                            using the procedures found in 14 CFR 39.19.           Acting Manager, Transport Airplane
                                                    Company Model 737–300, –400, and –500
                                                                                                            In accordance with 14 CFR 39.19, send your            Directorate, Aircraft Certification Service.
                                                    series airplanes, certificated in any category.
                                                                                                            request to your principal inspector or local          [FR Doc. 2017–04598 Filed 3–8–17; 8:45 am]
                                                    (d) Subject                                             Flight Standards District Office, as                  BILLING CODE 4910–13–P
                                                      Air Transport Association (ATA) of                    appropriate. If sending information directly
                                                    America Code 57, Wings.                                 to the manager of the ACO, send it to the
                                                                                                            attention of the person identified in
                                                    (e) Unsafe Condition                                    paragraph (k)(1) of this AD. Information may          DEPARTMENT OF HOMELAND
                                                       This AD was prompted by a manufacturer’s             be emailed to: 9-ANM-Seattle-ACO-AMOC-                SECURITY
                                                    review that showed that the tank access door            Requests@faa.gov.
                                                    at wing buttock line 191.00 did not have an                (2) Before using any approved AMOC,                Coast Guard
                                                    engineered ground path with the mating                  notify your appropriate principal inspector,
                                                    wing structure. We are issuing this AD to               or lacking a principal inspector, the manager         33 CFR Parts 100 and 165
                                                    prevent an ungrounded path that could result            of the local flight standards district office/
                                                    in an increased risk of ignition and                    certificate holding district office.                  [Docket No. USCG–2016–1022]
                                                    subsequent fuel tank explosion in the event                (3) An AMOC that provides an acceptable            RIN 1625–AA08; AA00
                                                    of a lightning strike.                                  level of safety may be used for any repair,
                                                                                                            modification, or alteration required by this          Special Local Regulations and Safety
                                                    (f) Compliance                                          AD if it is approved by the Boeing                    Zones; Annually Recurring Events in
                                                       Comply with this AD within the                       Commercial Airplanes Organization
                                                    compliance times specified, unless already              Designation Authorization (ODA) that has
                                                                                                                                                                  Coast Guard Southeastern New
                                                    done.                                                   been authorized by the Manager, Seattle               England Captain of the Port Zone
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                                                                            ACO, to make those findings. To be                    AGENCY:   Coast Guard, DHS.
                                                    (g) New Door Assembly, Electrical Bond                  approved, the repair method, modification
                                                    Check, and Related Corrective Actions                   deviation, or alteration deviation must meet          ACTION:   Notice of proposed rulemaking.
                                                       At the applicable time specified in                  the certification basis of the airplane, and the
                                                    paragraph 1.E., ‘‘Compliance,’’ of Boeing               approval must specifically refer to this AD.
                                                                                                                                                                  SUMMARY:  The Coast Guard proposes to
                                                    Service Bulletin 737–57–1320, dated October                (4) Except as required by paragraph (i)(2)         amend a special local regulation to
                                                    7, 2016, except as required by paragraph                of this AD: For service information that              change the method of providing notice
                                                    (i)(1) of this AD: Install a new door assembly,         contains steps that are labeled as Required           to the public when enforcing the safety
                                                    do a check of the electrical bond, and do all           for Compliance (RC), the provisions of                zone associated with the biennial


                                               VerDate Sep<11>2014   14:52 Mar 08, 2017   Jkt 241001   PO 00000   Frm 00009   Fmt 4702   Sfmt 4702   E:\FR\FM\09MRP1.SGM   09MRP1


                                                    13082                   Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Proposed Rules

                                                    Newport/Bermuda Race. The Coast                         Bermuda Race. We have found this                      hazards associated with listed annual
                                                    Guard also proposes to establish                        process to be cumbersome for the Coast                recurring events. Only event sponsors,
                                                    permanent safety zones in Coast Guard                   Guard and of little value to the maritime             designated participants, and official
                                                    Southeastern New England Captain of                     public, as few read the FR on a regular               patrol vessels will be allowed to enter
                                                    the Port (COTP) Zone for several                        basis. For virtually all other recurring              safety zones and special local regulation
                                                    recurring marine events. When the                       marine events in the Southeastern New                 areas. Spectators and other vessels not
                                                    special local regulation or safety zones                England COTP Zone, including those                    registered as event participants may not
                                                    are activated and subject to                            listed in 33 CFR 165, NOE is required                 enter the regulated areas without the
                                                    enforcement, vessels and people may be                  to be published in the weekly LNTM, a                 permission of the COTP or the COTP’s
                                                    restricted from portions of water areas                 far more widely-read publication among                designated representative. The
                                                    that may pose a hazard to public safety.                mariners. Consequently, the Coast                     regulatory text we are proposing appears
                                                    The revised special local regulation and                Guard is proposing to change the means                at the end of this document.
                                                    safety zones would expedite public                      by which we provide NOE for the
                                                                                                                                                                  IV. Regulatory Analyses
                                                    notification of the applicable marine                   Newport/Bermuda Race safety zone
                                                    events, and help protect the maritime                   from the FR to the LNTM.                                We developed this proposed rule after
                                                    public and event participants from                         Likewise, most recurring marine                    considering numerous statutes and
                                                    hazards associated with these recurring                 events in the Southeastern New England                Executive orders related to rulemaking.
                                                    marine events. We invite your                           COTP Zone are listed in the Table to 33               Below we summarize our analyses
                                                    comments on this proposed rulemaking.                   CFR 165.173. In the past few years two                based on a number of these statutes and
                                                    DATES: Comments and related material                    new recurring marine events, (1) the                  Executive orders and we discuss First
                                                    must be received by the Coast Guard on                  Fall River Grand Prix, and (2) the Cape               Amendment rights of protestors.
                                                    or before April 10, 2017.                               Cod Bay Challenge, have been held in                  A. Regulatory Planning and Review
                                                    ADDRESSES: You may submit comments                      this Zone, and the Coast Guard has
                                                                                                            established safety zones through a TFR                   Executive Orders 12866 and 13563
                                                    identified by docket number USCG–                                                                             direct agencies to assess the costs and
                                                    2016–1022 using the Federal e-                          each year as necessary. This proposed
                                                                                                            rule includes these recurring events in               benefits of available regulatory
                                                    Rulemaking Portal at http://                                                                                  alternatives and, if regulation is
                                                    www.regulations.gov. See the ‘‘Public                   the comprehensive list of recurring
                                                                                                            marine events in the Table at 33 CFR                  necessary, to select regulatory
                                                    Participation and Request for                                                                                 approaches that maximize net benefits.
                                                    Comments’’ portion of the                               165.173. By including these two newer
                                                                                                            events in the permanent regulations at                Executive Order 13563 emphasizes the
                                                    SUPPLEMENTARY INFORMATION section for                                                                         importance of quantifying both costs
                                                    further instructions on submitting                      33 CFR 165, the Coast Guard will
                                                                                                            eliminate the need to establish                       and benefits, of reducing costs, of
                                                    comments.                                                                                                     harmonizing rules, and of promoting
                                                                                                            temporary rules each year.
                                                    FOR FURTHER INFORMATION CONTACT: If                                                                           flexibility. This NPRM has not been
                                                    you have questions about this proposed                  III. Discussion of Proposed Rule                      designated a ‘‘significant regulatory
                                                    rulemaking, contact Mr. Edward G.                          The Coast Guard proposes to change                 action,’’ under Executive Order 12866.
                                                    LeBlanc, Chief of the Waterways                         the method of providing a NOE to the                  Accordingly, the NPRM has not been
                                                    Management Division at Coast Guard                      public for the biennial Newport to                    reviewed by the Office of Management
                                                    Sector Southeastern New England,                        Bermuda Race by deleting the                          and Budget.
                                                    telephone 401–435–2351, email                           requirement to post notice in the FR and                 With respect to the change in method
                                                    Edward.G.LeBlanc@uscg.mil.                              instead require a NOE to be posted in                 of providing the NOE for the Newport/
                                                                                                            the LNTM, as is done for all other Coast              Bermuda Race, this NPRM proposes
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            Guard-permitted recurring marine                      utilizing an approach that the Coast
                                                    I. Table of Acronyms                                    events in the Coast Guard Southeastern                Guard believes is more effective, less
                                                    CFR Code of Federal Regulations                         New England COTP zone.                                costly, and more flexible. By utilizing an
                                                    COTP Captain of the Port                                   The Coast Guard also proposes to                   LNTM to provide the NOE for the
                                                    DHS Department of Homeland Security                     established safety zones for two                      Newport/Bermuda race, the Coast Guard
                                                    FR Federal Register                                     recently-established major annual                     will be able to better inform waterway
                                                    LNTM Local Notice To Mariners                           marine events: (1) The Fall River Grand               users in a more timely manner. With
                                                    NOE Notice of Enforcement                               Prix, and (2) the Cape Cod Bay                        respect to the safety zones for the
                                                    NPRM Notice of proposed rulemaking                                                                            recurring marine events, this regulatory
                                                    § Section
                                                                                                            Challenge. The two events would be
                                                    TFR Temporary Final Rule                                included in the Table at 33 CFR                       action determination is based on the
                                                    U.S.C. United States Code                               165.173, which is a listing of recurring              size, location, duration, and time-of-day
                                                                                                            major marine events in the Coast Guard                of the safety zone. Vessels will only be
                                                    II. Background, Purpose, and Legal                      Southeastern New England COTP Zone.                   restricted from safety zones and special
                                                    Basis                                                   The TABLE provides the event name,                    local regulation areas for a short
                                                       The legal basis for the proposed rule                type, and approximate safety zone                     duration of time; vessels may transit in
                                                    is 33 U.S.C. 1225, 1226, 1231, 1233; 46                 dimensions as well as approximate                     all portions of the affected waterway
                                                    U.S.C. Chapter 701, 3306, 3703; 50                      dates, times, and locations of the events.            except for those areas covered by the
                                                    U.S.C. 191, 195; Public Law 107–295,                    The specific times, dates, regulated                  proposed regulated areas, and vessels
                                                    116 Stat. 2064; and Department of                       areas and enforcement period for each                 may enter or pass through the affected
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    Homeland Security Delegation No.                        event will be provided through the                    waterway with the permission of the
                                                    0170.1, which collectively authorize the                Local Notice to Mariners.                             COTP or the COTP’s representative. By
                                                    Coast Guard to define safety zones and                     This proposed regulation would                     including these two recurring marine
                                                    special local regulations.                              prevent vessels from transiting through               events in the permanent regulation at 33
                                                       In 33 CFR part 100.119 the Coast                     special local regulation areas or safety              CFR 165.173, the Coast Guard will
                                                    Guard is required to publish a NOE in                   zones during the periods of enforcement               eliminate the need to establish
                                                    the Federal Register (FR) for the safety                to ensure the protection of the maritime              individual temporary rules for each
                                                    zone associated with the Newport/                       public and event participants from the                separate event that occurs on an annual


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                                                                            Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Proposed Rules                                           13083

                                                    basis, thereby limiting the costs of                    Federalism, if it has a substantial direct            environmental analysis checklist is
                                                    cumulative regulations.                                 effect on the States, on the relationship             available in the docket where indicated
                                                      Notifications will be made to the local               between the national government and                   under ADDRESSES. We seek any
                                                    maritime community through the LNTM                     the States, or on the distribution of                 comments or information that may lead
                                                    in advance of the events. The                           power and responsibilities among the                  to the discovery of a significant
                                                    Notifications will include the exact                    various levels of government. We have                 environmental impact from this
                                                    dates and times of enforcement, and no                  analyzed this proposed rule under that                proposed rule.
                                                    new or additional restrictions will be                  Order and have determined that it is
                                                                                                                                                                  G. Protest Activities
                                                    imposed on vessel traffic.                              consistent with the fundamental
                                                                                                            federalism principles and preemption                    The Coast Guard respects the First
                                                    B. Impact on Small Entities                                                                                   Amendment rights of protesters.
                                                                                                            requirements described in Executive
                                                       The Regulatory Flexibility Act of                    Order 13132.                                          Protesters are asked to contact the
                                                    1980, 5 U.S.C. 601–612, as amended,                        Also, this proposed rule does not have             person listed in the FOR FURTHER
                                                    requires Federal agencies to consider                   tribal implications under Executive                   INFORMATION CONTACT section to
                                                    the potential impact of regulations on                  Order 13175, Consultation and                         coordinate protest activities so that your
                                                    small entities during rulemaking. The                   Coordination with Indian Tribal                       message can be received without
                                                    term ‘‘small entities’’ comprises small                 Governments, because it would not have                jeopardizing the safety or security of
                                                    businesses, not-for-profit organizations                a substantial direct effect on one or                 people, places, or vessels.
                                                    that are independently owned and                        more Indian tribes, on the relationship               V. Public Participation and Request for
                                                    operated and are not dominant in their                  between the Federal Government and                    Comments
                                                    fields, and governmental jurisdictions                  Indian tribes, or on the distribution of
                                                    with populations of less than 50,000.                   power and responsibilities between the                   We view public participation as
                                                    The Coast Guard certifies under 5 U.S.C.                Federal Government and Indian tribes.                 essential to effective rulemaking, and
                                                    605(b) that this proposed rule would not                If you believe this proposed rule has                 will consider all comments and material
                                                    have a significant economic impact on                   implications for federalism or Indian                 received during the comment period.
                                                    a substantial number of small entities.                 tribes, please contact the person listed              Your comment can help shape the
                                                       While some owners or operators of                    in the FOR FURTHER INFORMATION                        outcome of this rulemaking. If you
                                                    vessels intending to transit the safety                 CONTACT section.                                      submit a comment, please include the
                                                    zones may be small entities, for the                                                                          docket number for this rulemaking,
                                                                                                            E. Unfunded Mandates Reform Act                       indicate the specific section of this
                                                    reasons stated in section IV.A above this
                                                    proposed rule would not have a                             The Unfunded Mandates Reform Act                   document to which each comment
                                                    significant economic impact on any                      of 1995 (2 U.S.C. 1531–1538) requires                 applies, and provide a reason for each
                                                    vessel owner or operator.                               Federal agencies to assess the effects of             suggestion or recommendation.
                                                       If you think that your business,                     their discretionary regulatory actions. In               We encourage you to submit
                                                    organization, or governmental                           particular, the Act addresses actions                 comments through the Federal
                                                    jurisdiction qualifies as a small entity                that may result in the expenditure by a               eRulemaking Portal at http://
                                                    and that this rule would have a                         State, local, or tribal government, in the            www.regulations.gov. If your material
                                                    significant economic impact on it,                      aggregate, or by the private sector of                cannot be submitted using http://
                                                    please submit a comment (see                            $100,000,000 (adjusted for inflation) or              www.regulations.gov, contact the person
                                                    ADDRESSES) explaining why you think it                  more in any one year. Though this                     in the FOR FURTHER INFORMATION
                                                                                                            proposed rule would not result in such                CONTACT section of this document for
                                                    qualifies and how and to what degree
                                                    this rule would economically affect it.                 an expenditure, we do discuss the                     alternate instructions.
                                                       Under section 213(a) of the Small                    effects of this rule elsewhere in this                   We accept anonymous comments. All
                                                    Business Regulatory Enforcement                         preamble.                                             comments received will be posted
                                                                                                                                                                  without change to http://
                                                    Fairness Act of 1996 (Pub. L. 104–121),                 F. Environment                                        www.regulations.gov and will include
                                                    we want to assist small entities in
                                                                                                               We have analyzed this proposed rule                any personal information you have
                                                    understanding this proposed rule. If the
                                                                                                            under Department of Homeland                          provided. For more about privacy and
                                                    rule would affect your small business,
                                                                                                            Security Management Directive 023–01                  the docket, you may review a Privacy
                                                    organization, or governmental
                                                                                                            and Commandant Instruction                            Act notice regarding the Federal Docket
                                                    jurisdiction and you have questions
                                                                                                            M16475.lD, which guide the Coast                      Management System in the March 24,
                                                    concerning its provisions or options for
                                                                                                            Guard in complying with the National                  2005, issue of the Federal Register (70
                                                    compliance, please contact the person
                                                                                                            Environmental Policy Act of 1969 (42                  FR 15086).
                                                    listed in the FOR FURTHER INFORMATION                                                                            Documents mentioned in this NPRM
                                                    CONTACT section. The Coast Guard will                   U.S.C. 4321–4370f), and have made a
                                                                                                            preliminary determination that this                   as being available in the docket, and all
                                                    not retaliate against small entities that                                                                     public comments, will be in our online
                                                    question or complain about this                         action is one of a category of actions that
                                                                                                            do not individually or cumulatively                   docket at http://www.regulations.gov
                                                    proposed rule or any policy or action of                                                                      and can be viewed by following that
                                                    the Coast Guard.                                        have a significant effect on the human
                                                                                                            environment. This proposed rule makes                 Web site’s instructions. Additionally, if
                                                    C. Collection of Information                            an administrative change to the method                you go to the online docket and sign up
                                                                                                            of notification of one marine event, and              for email alerts, you will be notified
                                                      This proposed rule would not call for
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                                                                            involves the establishment of temporary               when comments are posted or a final
                                                    a new collection of information under
                                                                                                            safety zones in conjunction with two                  rule is published.
                                                    the Paperwork Reduction Act of 1995
                                                    (44 U.S.C. 3501–3520).                                  recurring marine events in Southeastern               List of Subjects
                                                                                                            New England COTP Zone. Normally
                                                    D. Federalism and Indian Tribal                         such actions are categorically excluded               33 CFR Part 100
                                                    Governments                                             from further review under paragraph                     Marine safety, Navigation (water),
                                                      A rule has implications for federalism                34(g) of Figure 2–1 of Commandant                     Reporting and record-keeping
                                                    under Executive Order 13132,                            Instruction M16475.lD. A preliminary                  requirements, Waterways.


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                                                    13084                     Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Proposed Rules

                                                    33 CFR Part 165                                              Authority: 33 U.S.C. 1233.                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                                                                                      33 CFR 1.05–1; 6.04–1, 6.04–6,and 160.5;
                                                      Harbors, Marine safety, Navigation                     ■ 2. Revise paragraph (c) to read as                     Department of Homeland Security Delegation
                                                    (water), Reporting and recordkeeping                     follows:                                                 No. 0170.1.
                                                    requirements, Security measures,
                                                                                                             *      *     *     *    *
                                                    Waterways.                                                                                                        ■ 4. Add new section 8.4 and 8.5 to the
                                                      For the reasons discussed in the                          (c) Effective date. This section is in
                                                                                                                                                                      Table at § 165.173.
                                                    preamble, the Coast Guard proposes to                    effect biennially on a date and times
                                                    amend 33 CFR parts 100 and 165 as                        published in the Local Notice To                         § 165.173 Safety Zones for annually
                                                    follows:                                                 Mariners.                                                recurring marine events held in Coast
                                                                                                                                                                      Guard Southeastern New England Captain
                                                    PART 100—SAFETY OF LIFE ON                               PART 165—REGULATED NAVIGATION                            of the Port Zone.
                                                    NAVIGABLE WATERS                                         AREAS AND LIMITED ACCESS AREAS                           *     *    *     *          *
                                                    ■ 1. The authority citation for Part 100                 ■ 3. The authority citation for Part 165
                                                    continues to read as follows:                            continues to read as follows:

                                                    8.4   Fall River Grand Prix .............   • Event Type: Offshore powerboat race.
                                                                                                • Date: One weekend (Friday, Saturday, & Sunday) in August as announced in the Local Notice to Mari-
                                                                                                ners.
                                                                                                • Time: Approximately 8 a.m. to 5 p.m. daily
                                                                                                • Location: Taunton River, Massachusetts, in the vicinity Fall River and Somerset, MA.
                                                                                                • Safety Zone Dimension: Mt Hope Bay and the Taunton River navigation channel from approximately Mt
                                                                                                Hope Bay buoy R10 southwest of Brayton Point channel, and extending approximately two miles to the
                                                                                                northeast up to and including Mt Hope Bay buoy C17 north of the Braga Bridge. The safety zone is encom-
                                                                                                passed by the following coordinates (NAD 83):

                                                                                                                 Corner                                    Latitude                           Longitude

                                                                                                SW.                                       41°41.40′   N.                         71°11.15′   W.
                                                                                                NW.                                       41°41.48′   N.                         71°11.15′   W.
                                                                                                SE.                                       41°42.33′   N.                         71°09.40′   W.
                                                                                                NE.                                       41°42.42′   N.                         71°09.47′   W.

                                                    8.5   Cape Cod Bay Challenge .....          • Event Type: Paddleboard excursion.
                                                                                                • Date: One weekend day (Saturday or Sunday) in August.
                                                                                                • Time: Approximately 4:30 a.m. to 4:30 p.m.
                                                                                                • Location: Departing from Scusset Beach, Sandwich, MA, and transiting to Wellfleet Harbor, Wellfleet,
                                                                                                MA.
                                                                                                • Position: A line drawn from Scusset Beach at approximate position 41°47′ N., 70°30′ W., to Wellfleet
                                                                                                Harbor at approximate position 41°53′ N., 70°02′ W. (NAD 83).
                                                                                                • Safety Zone Dimension: Approximately 500 yards extending in each direction from the line described
                                                                                                above.



                                                    *      *      *       *      *                           revisions to the Arizona Department of                   comments submitted at Regulations.gov,
                                                      Dated: February 22, 2017.                              Environmental Quality (ADEQ) and                         follow the online instructions for
                                                    Richard J. Schultz,                                      Maricopa County Air Quality District                     submitting comments. Once submitted,
                                                                                                             (MCAQD) portions of the Arizona State                    comments cannot be removed or edited
                                                    Captain, U.S. Coast Guard, Captain of the
                                                    Port Southeastern New England.                           Implementation Plan (SIP). These                         from Regulations.gov. For either manner
                                                                                                             revisions were submitted by ADEQ in                      of submission, the EPA may publish any
                                                    [FR Doc. 2017–04563 Filed 3–8–17; 8:45 am]
                                                                                                             response to EPA’s May 22, 2015, finding                  comment received to its public docket.
                                                    BILLING CODE 9110–04–P
                                                                                                             of substantial inadequacy and SIP call                   Do not submit electronically any
                                                                                                             for certain provisions in the SIP related                information you consider to be
                                                                                                             to affirmative defenses applicable to                    Confidential Business Information (CBI)
                                                    ENVIRONMENTAL PROTECTION                                 excess emissions during startup,                         or other information whose disclosure is
                                                    AGENCY                                                   shutdown, and malfunction (SSM)                          restricted by statute. Multimedia
                                                                                                             events. EPA is proposing approval of the                 submissions (audio, video, etc.) must be
                                                    40 CFR Part 52
                                                                                                             SIP revisions because the Agency has                     accompanied by a written comment.
                                                    [EPA–R09–OAR–2017–0041; FRL–9958–92–                     determined that they are in accordance                   The written comment is considered the
                                                    Region 9]                                                with the requirements for SIP provisions                 official comment and should include
                                                                                                             under the Clean Air Act (CAA or the                      discussion of all points you wish to
                                                    Approval of Arizona Air Plan                                                                                      make. The EPA will generally not
                                                                                                             Act).
                                                    Revisions, Arizona Department of                                                                                  consider comments or comment
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    Environmental Quality and Maricopa                       DATES:  Any comments must arrive by                      contents located outside of the primary
                                                    County Air Quality Department                            April 10, 2017.                                          submission (i.e., on the web, cloud, or
                                                    AGENCY:  Environmental Protection                        ADDRESSES: Submit your comments,                         other file sharing system). For
                                                    Agency (EPA).                                            identified by Docket ID No. EPA–R09–                     additional submission methods, please
                                                    ACTION: Proposed rule.                                   OAR–2017–0041 at http://                                 contact the person identified in the FOR
                                                                                                             www.regulations.gov, or via email to                     FURTHER INFORMATION CONTACT section.
                                                    SUMMARY: The Environmental Protection                    Andrew Steckel, Rulemaking Office                        For the full EPA public comment policy,
                                                    Agency (EPA) is proposing to approve                     Chief at Steckel.Andrew@epa.gov. For                     information about CBI or multimedia


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Document Created: 2017-03-09 04:59:19
Document Modified: 2017-03-09 04:59:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before April 10, 2017.
ContactIf you have questions about this proposed rulemaking, contact Mr. Edward G. LeBlanc, Chief of the Waterways Management Division at Coast Guard Sector Southeastern New England, telephone 401-435-2351, email [email protected]
FR Citation82 FR 13081 
RIN Number1625-AA08
CFR Citation33 CFR 100
33 CFR 165
CFR AssociatedMarine Safety; Navigation (water); Reporting and Record-Keeping Requirements; Waterways; Harbors; Reporting and Recordkeeping Requirements and Security Measures

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