82_FR_14015 82 FR 13965 - Regulated Navigation Areas; Escorted Submarines Sector Jacksonville Captain of the Port Zone

82 FR 13965 - Regulated Navigation Areas; Escorted Submarines Sector Jacksonville Captain of the Port Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 50 (March 16, 2017)

Page Range13965-13968
FR Document2017-05229

The Coast Guard is establishing regulated navigation areas (RNA) covering the St. Marys Entrance Channel, portions of the Cumberland Sound, and the Atlantic Ocean that will be in effect whenever any Navy submarine (foreign or domestic) is escorted by the Coast Guard and operating within the jurisdictional waters of the Sector Jacksonville Captain of the Port Zone. These RNAs are necessary to help ensure the safety and security of submarines, their Coast Guard escorts, and the public. The RNAs will do so by requiring all persons and vessels located within an RNA to follow lawful orders and/or directions given to them by Coast Guard designated representatives. Additionally, these RNAs will supersede the current temporary safety/security zone for Cumberland Sound, Georgia and St. Marys River Entrance Channel.

Federal Register, Volume 82 Issue 50 (Thursday, March 16, 2017)
[Federal Register Volume 82, Number 50 (Thursday, March 16, 2017)]
[Rules and Regulations]
[Pages 13965-13968]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05229]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0032]
RIN 1625-AA11


Regulated Navigation Areas; Escorted Submarines Sector 
Jacksonville Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing regulated navigation areas 
(RNA) covering the St. Marys Entrance Channel, portions of the 
Cumberland Sound, and the Atlantic Ocean that will be in effect 
whenever any Navy submarine (foreign or domestic) is escorted by the 
Coast Guard and operating within the jurisdictional waters of the 
Sector Jacksonville Captain of the Port Zone. These RNAs

[[Page 13966]]

are necessary to help ensure the safety and security of submarines, 
their Coast Guard escorts, and the public. The RNAs will do so by 
requiring all persons and vessels located within an RNA to follow 
lawful orders and/or directions given to them by Coast Guard designated 
representatives. Additionally, these RNAs will supersede the current 
temporary safety/security zone for Cumberland Sound, Georgia and St. 
Marys River Entrance Channel.

DATES: This rule is effective April 17, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0032 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Allan Storm, Coast Guard Sector Jacksonville, 
Chief of Waterways Management, telephone (904) 714-7616, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Navy submarines frequently operate within the Cumberland Sound and 
the St. Marys Entrance Channel. When transiting these areas, the 
submarines and the vessels towing them are severely restricted in their 
ability to maneuver or deviate course. Due to the safety and security 
concerns involved with submarine operations near shore in restricted 
waters, the Coast Guard provides submarine escorts when they are 
operating in those areas and offshore in the Atlantic Ocean.
    Because the existing regulatory options the Coast Guard uses to 
safeguard the movement of submarines, their Coast Guard escorts, and 
the public are insufficient, the Coast Guard published a notice of 
proposed rulemaking (NPRM) on June 13, 2016, titled ``Regulated 
Navigation Areas; Escorted Submarines Sector Jacksonville Captain of 
the Port Zone'' (81 FR 38119). There we stated why we issued the NPRM, 
and invited comments on our proposed regulatory action. During the 
comment period that ended July 13, 2016, we received no public comments 
and two interagency comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Coast Guard has determined that RNAs are necessary to allow 
designated Coast Guard representatives adequate time to effectively 
order and/or direct persons and vessels operating within a RNA to stop, 
move, change orientation, or take other action as needed to ensure 
safety and/or security. The ability to order and/or direct persons and 
vessels will help avoid unnecessary and potentially dangerous close 
quarters contact between Coast Guard escorts and the maritime public 
within Cumberland Sound, the St. Marys Entrance Channel, and offshore 
in the Atlantic Ocean. In addition, it will give Coast Guard escorts an 
additional tool for determining the intention of vessels that are 
operating in close vicinity to an escorted submarine. The RNAs will 
mitigate the risks associated with these issues, and ensure the safety 
and security of the submarines, their Coast Guard escorts, and the 
maritime public.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no public comments on the NPRM 
published on June 13, 2016. To better define the northern extent of the 
RNA, we have incorporated one change to the rule based on an 
interagency comment. The change includes adding the words ``the 
southern tip of'' to the Crab Island position.
    This rule establishes a regulated area encompassing all waters 
within one (1) nautical mile of the charted center of the navigation 
channel from the southern tip of Crab Island in the Cumberland Sound, 
Georgia, to the St. Marys Entrance Channel and its approach extending 
eastward to lighted buoy ``STM.'' This portion of the regulation would 
allow Coast Guard vessels to direct waterway traffic in any portion of 
this confined channel when a submarine is being escorted.
    Additionally, a regulated area will encompass waters within one (1) 
nautical mile of any Navy submarine while it is transiting territorial 
seas within the Sector Jacksonville Captain of the Port Zone. All 
persons and vessels located within the RNA are required to follow 
lawful orders and/or directions given to them by designated Coast Guard 
representatives.

V. Regulatory Analyses

    We developed this 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 rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The Coast Guard made this determination based on the fact that (1) 
the RNAs are only enforced for the short periods of time when 
submarines are operating in the St. Marys Entrance Channel, portions of 
the Cumberland Sound, and Atlantic Ocean and escorted by the Coast 
Guard or anytime a submarine is operating and escorted by the Coast 
Guard within the Sector Jacksonville Captain of the Port Zone 
territorial seas and (2) vessels may freely operate within the RNAs to 
the extent permitted by other law or regulation unless given a lawful 
order and/or direction by designated Coast Guard representatives.
    The Coast Guard has determined that this rule, superseding the 
temporary safety/security zone implemented under 33 CFR 165.731(b), 
does not constitute a ``significant regulatory action'' under Executive 
Order 12866 based on the size and location of the security zone. The 
permanent security zone currently implemented under 33 CFR 165.731(a) 
remains in effect and covers approximately five square nautical miles 
of a sparsely populated section of Cumberland Sound and tributaries 
where few recreational or commercial vessels transit. Vessels 
transiting this area of Cumberland Sound can transit around the 
security zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small

[[Page 13967]]

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 did 
not receive any comments from the Small Business Administration on this 
rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
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 
RNA may be small entities, for the reasons stated in section V.A above, 
this rule would not have a significant economic impact on any vessel 
owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

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 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 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.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
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 determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves the establishment of RNAs and an amendment to a safety/
security zone covering the St. Marys Entrance Channel, portions of the 
Cumberland Sound, and Atlantic Ocean, that will be enforced whenever 
any Navy submarine (foreign or domestic) is being escorted by the Coast 
Guard and operating within the jurisdictional waters of the Sector 
Jacksonville Captain of the Port Zone. It is categorically excluded 
from further review under paragraph 34(g) of figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES.

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.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

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


0
2. Revise Sec.  [thinsp]165.731 to read as follows:


Sec.  [thinsp]165.731  Security Zone: Cumberland Sound, Georgia.

    (a) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port (COTP) Jacksonville, Florida, in the enforcement of 
the regulated areas.
    (b) Location. A permanent security zone is established within the 
following coordinates, the area enclosed by a line starting at 
30[deg]44'55'' N., 081[deg]29'39'' W.; thence to 30[deg]44'55'' N., 
081[deg]29'18'' W.; thence to 30[deg]46'35'' N., 081[deg]29'18'' W.; 
thence to 30[deg]47'02'' N., 081[deg]29'34'' W.; thence to 
30[deg]47'21'' N., 081[deg]29'39'' W.; thence to 30[deg]48'00'' N., 
081[deg]29'42'' W.; thence to 30[deg]49'07'' N., 081[deg]29'56'' W.; 
thence to 30[deg]49'55'' N., 081[deg]30'35'' W.; thence to 
30[deg]50'15'' N., 081[deg]31'08'' W.; thence to 30[deg]50'14'' N., 
081[deg]31'30'' W.; thence to 30[deg]49'58'' N., 081[deg]31'45'' W.; 
thence to 30[deg]49'58'' N., 081[deg]32'03'' W.; thence to 
30[deg]50'12'' N., 081[deg]32'17'' W.; thence following the land based 
perimeter boundary to the point of origin.
    (c) Regulations. (1) No person or vessel may enter or remain within 
the security zone without the permission of the COTP Jacksonville or 
designated representative.
    (2) All persons and vessels authorized to enter the security zone 
shall immediately obey any direction or order of the COTP Jacksonville 
or designated representative.
    (3) This regulation does not apply to persons or vessels operating 
under the authority of the United States Navy or to authorized law 
enforcement agencies.

[[Page 13968]]


0
3. Add Sec.  [thinsp]165.732 to read as follows:


Sec.  [thinsp]165.732  Escorted Submarines Sector Jacksonville Captain 
of the Port Zone.

    (a) Location. The following areas are regulated navigation areas 
(RNA) whenever any Navy submarine (foreign or domestic) is being 
escorted by the Coast Guard within the Sector Jacksonville Captain of 
the Port Zone territorial seas:
    (1) All waters within 1 nautical mile of any Navy submarine 
operating within the Sector Jacksonville Captain of the Port Zone 
territorial seas; and
    (2) All waters within 1 nautical mile of the charted center of the 
navigation channel from the southern tip of Crab Island in the 
Cumberland Sound, Georgia, to the St. Marys Entrance Channel and its 
approach extending eastward to lighted buoy ``STM.''
    (b) Regulations. All persons and vessels located within a RNA 
created by paragraph (a) shall follow all lawful orders and/or 
directions given to them by designated Coast Guard representatives. 33 
CFR 165, subpart B, contains additional provisions applicable to the 
RNA created in paragraph (a) of this section.
    (c) Notification. The Coast Guard escort will attempt, when 
necessary and practicable, to notify any persons or vessels inside or 
approaching the vicinity of a RNA created in paragraph (a) of this 
section of its existence via VHF Channel 16 and/or any other means 
reasonably available.

    Dated: March 10, 2017.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-05229 Filed 3-15-17; 8:45 am]
BILLING CODE 9110-04-P



                                                                  Federal Register / Vol. 82, No. 50 / Thursday, March 16, 2017 / Rules and Regulations                                               13965

                                                   b. ‘‘Hazardous/severe-major’’ failure                  Systems with failures that may result               the requirements for failure conditions
                                                conditions can include events that are                  in ‘‘hazardous/severe-major’’ effects                 classified as ‘‘hazardous/severe-major’’
                                                manageable by the crew by the use of                    must be shown to be extremely remote                  may be shown by flight-testing in
                                                proper procedures, which, if not                        must develop software to the RTCA                     combination with analysis and
                                                implemented correctly or in a timely                    Document DO–178B, Software                            simulation, and the appropriate testing
                                                manner, may result in a catastrophic                    Considerations in Airborne Systems and                to validate the analysis. Flight tests may
                                                event.                                                  Equipment Certification, Level B                      be limited for ‘‘hazardous/severe-major’’
                                                   5. Catastrophic. Failure conditions                  software design assurance level and                   failure conditions and effects due to
                                                result in multiple fatalities to occupants,             must develop complex hardware to the                  safety considerations. Compliance with
                                                fatalities or incapacitation to the flight              Radio Technical Commission for                        the requirements for failure conditions
                                                crew, or result in loss of the rotorcraft.              Aeronautics (RTCA) Document DO–254,                   classified as ‘‘catastrophic’’ may be
                                                The potential that a failure results in a               Design Assurance Guidance for                         shown by analysis and appropriate
                                                condition characterized as catastrophic                 Airborne Electronic Hardware, Level B                 testing in combination with simulation
                                                should be extremely improbable with                     hardware design assurance level.                      to validate the analysis. Very limited
                                                probability of occurrence 1 × 10¥9                        Systems with failures that may result               flight tests in combination with
                                                failures/flight hour or less.                           in ‘‘catastrophic’’ effects must be shown             simulation are used as a part of a
                                                                                                        to be extremely improbable, and                       showing of compliance for
                                                Requirements                                            develop software to the RTCA                          ‘‘catastrophic’’ failure conditions. Flight
                                                   Helitrak must comply with the                        Document DO–178B, Software                            tests are performed only in
                                                existing requirements of § 27.1309 for                  Considerations in Airborne Systems and                circumstances that use operational
                                                all applicable design and operational                   Equipment Certification, Level A design               variations, or extrapolations from other
                                                aspects of the Helitrak AP with the                     assurance level and must develop                      flight performance aspects to address
                                                failure condition categories of ‘‘no                    complex hardware to the Radio                         flight safety.
                                                effect’’ and ‘‘minor,’’ and for non-                    Technical Commission for Aeronautics                     These special conditions require that
                                                complex systems whose failure                           (RTCA) Document DO–254, Design                        the Helitrak AP system installed on a
                                                condition category is classified as                     Assurance Guidance for Airborne                       Robinson Model R22 BETA helicopter,
                                                ‘‘major.’’ Helitrak must comply with the                Electronic Hardware, Level A hardware                 Type Certificate No. H10WE, meet these
                                                requirements of these special conditions                design assurance level.                               requirements to adequately address the
                                                for all applicable design and operational               System Design Environmental                           failure effects identified by the FHA,
                                                aspects of the Helitrak AP with the                     Requirements                                          and subsequently verified by the SSA,
                                                failure condition categories of                                                                               within the defined design system
                                                                                                          The AP system equipment must be
                                                ‘‘catastrophic’’ and ‘‘hazardous severe/                                                                      integrity requirements.
                                                                                                        qualified to the appropriate
                                                major,’’ and for complex systems whose                  environmental level per RTCA                            Issued in Fort Worth, Texas, on March 10,
                                                failure condition category is classified                Document DO–160F, Environmental                       2017.
                                                as ‘‘major.’’ A complex system is a                     Conditions and Test Procedures for                    Lance Gant,
                                                system whose operations, failure                        Airborne Equipment, for all relevant                  Manager Rotorcraft Standard Staff, Aircraft
                                                conditions, or failure effects are difficult            aspects. This is to show that the AP                  Certification Service.
                                                to comprehend without the aid of                        system performs its intended function                 [FR Doc. 2017–05268 Filed 3–15–17; 8:45 am]
                                                analytical methods (for example, FTA,                   under any foreseeable operating                       BILLING CODE 4910–13–P
                                                Failure Modes and Effect Analysis,                      condition, including the expected
                                                FHA).                                                   environment in which the AP is
                                                System Design Integrity Requirements                    intended to operate. Some of the main                 DEPARTMENT OF HOMELAND
                                                                                                        considerations for environmental                      SECURITY
                                                  Each of the failure condition                         concerns are installation locations and
                                                categories defined in these special                     the resulting exposure to environmental               Coast Guard
                                                conditions relate to the corresponding                  conditions for the AP system
                                                aircraft system integrity requirements.                 equipment, including considerations for               33 CFR Part 165
                                                The system design integrity                             other equipment that may be affected                  [Docket Number USCG–2016–0032]
                                                requirements for the Helitrak AP, as                    environmentally by the AP equipment
                                                they relate to the allowed probability of               installation. The level of environmental              RIN 1625–AA11
                                                occurrence for each failure condition                   qualification must be related to the
                                                category and the proposed software                                                                            Regulated Navigation Areas; Escorted
                                                                                                        severity of the considered failure
                                                design assurance level, are as follows:                                                                       Submarines Sector Jacksonville
                                                                                                        conditions and effects on the rotorcraft.
                                                  Systems with failures that may result                                                                       Captain of the Port Zone
                                                in a ‘‘major’’ effect must be shown to be               Test & Analysis Requirements
                                                                                                                                                              AGENCY:    Coast Guard, DHS.
                                                remote and develop software to the                         Compliance with the requirements of                ACTION:   Final rule.
                                                Radio Technical Commission for                          these special conditions may be shown
                                                Aeronautics (RTCA) Document DO–                         by a variety of methods, which typically              SUMMARY:   The Coast Guard is
                                                178B, Software Considerations in                        consist of analysis, flight tests, ground             establishing regulated navigation areas
                                                Airborne Systems and Equipment                          tests, and simulation, at a minimum.                  (RNA) covering the St. Marys Entrance
                                                Certification, Level C software design                  Compliance methodology is related to                  Channel, portions of the Cumberland
jstallworth on DSK7TPTVN1PROD with RULES




                                                assurance level and must develop                        the associated failure condition                      Sound, and the Atlantic Ocean that will
                                                complex hardware to the Radio                           category. If the AP is a complex system,              be in effect whenever any Navy
                                                Technical Commission for Aeronautics                    compliance with the requirements for                  submarine (foreign or domestic) is
                                                (RTCA) Document DO–254, Design                          failure conditions classified as ‘‘major’’            escorted by the Coast Guard and
                                                Assurance Guidance for Airborne                         may be shown by analysis, in                          operating within the jurisdictional
                                                Electronic Hardware, Level C hardware                   combination with appropriate testing, to              waters of the Sector Jacksonville
                                                design assurance level.                                 validate the analysis. Compliance with                Captain of the Port Zone. These RNAs


                                           VerDate Sep<11>2014   14:18 Mar 15, 2017   Jkt 241001   PO 00000   Frm 00005   Fmt 4700   Sfmt 4700   E:\FR\FM\16MRR1.SGM   16MRR1


                                                13966             Federal Register / Vol. 82, No. 50 / Thursday, March 16, 2017 / Rules and Regulations

                                                are necessary to help ensure the safety                 the comment period that ended July 13,                V. Regulatory Analyses
                                                and security of submarines, their Coast                 2016, we received no public comments                    We developed this rule after
                                                Guard escorts, and the public. The                      and two interagency comments.                         considering numerous statutes and
                                                RNAs will do so by requiring all persons                                                                      Executive orders related to rulemaking.
                                                and vessels located within an RNA to                    III. Legal Authority and Need for Rule
                                                                                                                                                              Below we summarize our analyses
                                                follow lawful orders and/or directions                     The Coast Guard is issuing this rule               based on a number of these statutes and
                                                given to them by Coast Guard                            under authority in 33 U.S.C. 1231. The                Executive orders, and we discuss First
                                                designated representatives.                             Coast Guard has determined that RNAs                  Amendment rights of protestors.
                                                Additionally, these RNAs will                           are necessary to allow designated Coast
                                                supersede the current temporary safety/                                                                       A. Regulatory Planning and Review
                                                                                                        Guard representatives adequate time to
                                                security zone for Cumberland Sound,                     effectively order and/or direct persons                  Executive Orders 12866 and 13563
                                                Georgia and St. Marys River Entrance                                                                          direct agencies to assess the costs and
                                                                                                        and vessels operating within a RNA to
                                                Channel.                                                                                                      benefits of available regulatory
                                                                                                        stop, move, change orientation, or take
                                                DATES: This rule is effective April 17,                 other action as needed to ensure safety               alternatives and, if regulation is
                                                2017.                                                   and/or security. The ability to order                 necessary, to select regulatory
                                                ADDRESSES: To view documents                            and/or direct persons and vessels will                approaches that maximize net benefits.
                                                mentioned in this preamble as being                     help avoid unnecessary and potentially                Executive Order 13563 emphasizes the
                                                available in the docket, go to http://                  dangerous close quarters contact                      importance of quantifying both costs
                                                www.regulations.gov, type USCG–2016–                    between Coast Guard escorts and the                   and benefits, of reducing costs, of
                                                0032 in the ‘‘SEARCH’’ box and click                    maritime public within Cumberland                     harmonizing rules, and of promoting
                                                ‘‘SEARCH.’’ Click on Open Docket                        Sound, the St. Marys Entrance Channel,                flexibility. This rule has not been
                                                Folder on the line associated with this                 and offshore in the Atlantic Ocean. In                designated a ‘‘significant regulatory
                                                rule.                                                   addition, it will give Coast Guard                    action,’’ under Executive Order 12866.
                                                                                                        escorts an additional tool for                        Accordingly, it has not been reviewed
                                                FOR FURTHER INFORMATION CONTACT: If
                                                                                                        determining the intention of vessels that             by the Office of Management and
                                                you have questions on this rule, call or
                                                                                                        are operating in close vicinity to an                 Budget.
                                                email Lieutenant Allan Storm, Coast
                                                                                                                                                                 The Coast Guard made this
                                                Guard Sector Jacksonville, Chief of                     escorted submarine. The RNAs will
                                                                                                                                                              determination based on the fact that (1)
                                                Waterways Management, telephone                         mitigate the risks associated with these
                                                                                                                                                              the RNAs are only enforced for the short
                                                (904) 714–7616, email Allan.H.Storm@                    issues, and ensure the safety and
                                                                                                                                                              periods of time when submarines are
                                                uscg.mil.                                               security of the submarines, their Coast
                                                                                                                                                              operating in the St. Marys Entrance
                                                SUPPLEMENTARY INFORMATION:                              Guard escorts, and the maritime public.
                                                                                                                                                              Channel, portions of the Cumberland
                                                I. Table of Abbreviations                               IV. Discussion of Comments, Changes,                  Sound, and Atlantic Ocean and escorted
                                                                                                        and the Rule                                          by the Coast Guard or anytime a
                                                CFR Code of Federal Regulations                                                                               submarine is operating and escorted by
                                                DHS Department of Homeland Security                        As noted above, we received no                     the Coast Guard within the Sector
                                                FR Federal Register
                                                                                                        public comments on the NPRM                           Jacksonville Captain of the Port Zone
                                                NPRM Notice of proposed rulemaking
                                                § Section                                               published on June 13, 2016. To better                 territorial seas and (2) vessels may freely
                                                U.S.C. United States Code                               define the northern extent of the RNA,                operate within the RNAs to the extent
                                                                                                        we have incorporated one change to the                permitted by other law or regulation
                                                II. Background Information and                          rule based on an interagency comment.                 unless given a lawful order and/or
                                                Regulatory History                                      The change includes adding the words                  direction by designated Coast Guard
                                                   Navy submarines frequently operate                   ‘‘the southern tip of’’ to the Crab Island            representatives.
                                                within the Cumberland Sound and the                     position.                                                The Coast Guard has determined that
                                                St. Marys Entrance Channel. When                           This rule establishes a regulated area             this rule, superseding the temporary
                                                transiting these areas, the submarines                  encompassing all waters within one (1)                safety/security zone implemented under
                                                and the vessels towing them are                         nautical mile of the charted center of the            33 CFR 165.731(b), does not constitute
                                                severely restricted in their ability to                 navigation channel from the southern                  a ‘‘significant regulatory action’’ under
                                                maneuver or deviate course. Due to the                  tip of Crab Island in the Cumberland                  Executive Order 12866 based on the size
                                                safety and security concerns involved                   Sound, Georgia, to the St. Marys                      and location of the security zone. The
                                                with submarine operations near shore in                 Entrance Channel and its approach                     permanent security zone currently
                                                restricted waters, the Coast Guard                      extending eastward to lighted buoy                    implemented under 33 CFR 165.731(a)
                                                provides submarine escorts when they                                                                          remains in effect and covers
                                                                                                        ‘‘STM.’’ This portion of the regulation
                                                are operating in those areas and offshore                                                                     approximately five square nautical
                                                                                                        would allow Coast Guard vessels to
                                                in the Atlantic Ocean.                                                                                        miles of a sparsely populated section of
                                                   Because the existing regulatory                      direct waterway traffic in any portion of
                                                                                                                                                              Cumberland Sound and tributaries
                                                options the Coast Guard uses to                         this confined channel when a
                                                                                                                                                              where few recreational or commercial
                                                safeguard the movement of submarines,                   submarine is being escorted.
                                                                                                                                                              vessels transit. Vessels transiting this
                                                their Coast Guard escorts, and the                         Additionally, a regulated area will                area of Cumberland Sound can transit
                                                public are insufficient, the Coast Guard                encompass waters within one (1)                       around the security zone.
                                                published a notice of proposed                          nautical mile of any Navy submarine
                                                                                                                                                              B. Impact on Small Entities
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                                                rulemaking (NPRM) on June 13, 2016,                     while it is transiting territorial seas
                                                titled ‘‘Regulated Navigation Areas;                    within the Sector Jacksonville Captain                  The Regulatory Flexibility Act of
                                                Escorted Submarines Sector Jacksonville                 of the Port Zone. All persons and                     1980, 5 U.S.C. 601–612, as amended,
                                                Captain of the Port Zone’’ (81 FR                       vessels located within the RNA are                    requires Federal agencies to consider
                                                38119). There we stated why we issued                   required to follow lawful orders and/or               the potential impact of regulations on
                                                the NPRM, and invited comments on                       directions given to them by designated                small entities during rulemaking. The
                                                our proposed regulatory action. During                  Coast Guard representatives.                          term ‘‘small entities’’ comprises small


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                                                                  Federal Register / Vol. 82, No. 50 / Thursday, March 16, 2017 / Rules and Regulations                                           13967

                                                businesses, not-for-profit organizations                principles and preemption requirements                message can be received without
                                                that are independently owned and                        described in Executive Order 13132.                   jeopardizing the safety or security of
                                                operated and are not dominant in their                     Also, this rule does not have tribal               people, places, or vessels.
                                                fields, and governmental jurisdictions                  implications under Executive Order
                                                                                                        13175, Consultation and Coordination                  List of Subjects in 33 CFR Part 165
                                                with populations of less than 50,000.
                                                The Coast Guard did not receive any                     with Indian Tribal Governments,                         Harbors, Marine safety, Navigation
                                                comments from the Small Business                        because it would not have a substantial               (water), Reporting and recordkeeping
                                                Administration on this rulemaking. The                  direct effect on one or more Indian                   requirements, Security measures,
                                                Coast Guard certifies under 5 U.S.C.                    tribes, on the relationship between the               Waterways.
                                                605(b) that this rule would not have a                  Federal Government and Indian tribes,                   For the reasons discussed in the
                                                significant economic impact on a                        or on the distribution of power and                   preamble, the Coast Guard amends 33
                                                substantial number of small entities.                   responsibilities between the Federal                  CFR part 165 as follows:
                                                   While some owners or operators of                    Government and Indian tribes.
                                                vessels intending to transit the RNA                                                                          PART 165—REGULATED NAVIGATION
                                                                                                        E. Unfunded Mandates Reform Act
                                                may be small entities, for the reasons                                                                        AREAS AND LIMITED ACCESS AREAS
                                                                                                          The Unfunded Mandates Reform Act
                                                stated in section V.A above, this rule                                                                        ■ 1. The authority citation for part 165
                                                                                                        of 1995 (2 U.S.C. 1531–1538) requires
                                                would not have a significant economic                                                                         continues to read as follows:
                                                                                                        Federal agencies to assess the effects of
                                                impact on any vessel owner or operator.
                                                                                                        their discretionary regulatory actions. In              Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                   Under section 213(a) of the Small                    particular, the Act addresses actions                 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                Business Regulatory Enforcement                         that may result in the expenditure by a               Department of Homeland Security Delegation
                                                Fairness Act of 1996 (Pub. L. 104–121),                 State, local, or tribal government, in the            No. 0170.1.
                                                we want to assist small entities in                     aggregate, or by the private sector of
                                                understanding this rule. If the rule                                                                          ■   2. Revise § 165.731 to read as follows:
                                                                                                        $100,000,000 (adjusted for inflation) or
                                                would affect your small business,                       more in any one year. Though this rule                § 165.731 Security Zone: Cumberland
                                                organization, or governmental                           will not result in such an expenditure,               Sound, Georgia.
                                                jurisdiction and you have questions                     we do discuss the effects of this rule                  (a) Definition. The term ‘‘designated
                                                concerning its provisions or options for                elsewhere in this preamble.                           representative’’ means Coast Guard
                                                compliance, please contact the person                                                                         Patrol Commanders, including Coast
                                                listed in the FOR FURTHER INFORMATION                   F. Environment                                        Guard coxswains, petty officers, and
                                                CONTACT section.                                           We have analyzed this rule under                   other officers operating Coast Guard
                                                   Small businesses may send comments                   Department of Homeland Security                       vessels, and Federal, state, and local
                                                on the actions of Federal employees                     Management Directive 023–01 and                       officers designated by or assisting the
                                                who enforce, or otherwise determine                     Commandant Instruction M16475.lD,                     Captain of the Port (COTP) Jacksonville,
                                                compliance with, Federal regulations to                 which guide the Coast Guard in                        Florida, in the enforcement of the
                                                the Small Business and Agriculture                      complying with the National                           regulated areas.
                                                Regulatory Enforcement Ombudsman                        Environmental Policy Act of 1969 (42                    (b) Location. A permanent security
                                                and the Regional Small Business                         U.S.C. 4321–4370f), and have                          zone is established within the following
                                                Regulatory Fairness Boards. The                         determined that this action is one of a               coordinates, the area enclosed by a line
                                                Ombudsman evaluates these actions                       category of actions that do not                       starting at 30°44′55″ N., 081°29′39″ W.;
                                                annually and rates each agency’s                        individually or cumulatively have a                   thence to 30°44′55″ N., 081°29′18″ W.;
                                                responsiveness to small business. If you                significant effect on the human                       thence to 30°46′35″ N., 081°29′18″ W.;
                                                wish to comment on actions by                           environment. This rule involves the                   thence to 30°47′02″ N., 081°29′34″ W.;
                                                employees of the Coast Guard, call 1–                   establishment of RNAs and an                          thence to 30°47′21″ N., 081°29′39″ W.;
                                                888–REG–FAIR (1–888–734–3247). The                      amendment to a safety/security zone                   thence to 30°48′00″ N., 081°29′42″ W.;
                                                Coast Guard will not retaliate against                  covering the St. Marys Entrance                       thence to 30°49′07″ N., 081°29′56″ W.;
                                                small entities that question or complain                Channel, portions of the Cumberland                   thence to 30°49′55″ N., 081°30′35″ W.;
                                                about this rule or any policy or action                 Sound, and Atlantic Ocean, that will be               thence to 30°50′15″ N., 081°31′08″ W.;
                                                of the Coast Guard.                                     enforced whenever any Navy submarine                  thence to 30°50′14″ N., 081°31′30″ W.;
                                                C. Collection of Information                            (foreign or domestic) is being escorted               thence to 30°49′58″ N., 081°31′45″ W.;
                                                                                                        by the Coast Guard and operating within               thence to 30°49′58″ N., 081°32′03″ W.;
                                                  This rule will not call for a new                     the jurisdictional waters of the Sector               thence to 30°50′12″ N., 081°32′17″ W.;
                                                collection of information under the                     Jacksonville Captain of the Port Zone. It             thence following the land based
                                                Paperwork Reduction Act of 1995 (44                     is categorically excluded from further                perimeter boundary to the point of
                                                U.S.C. 3501–3520).                                      review under paragraph 34(g) of figure                origin.
                                                D. Federalism and Indian Tribal                         2–1 of the Commandant Instruction. An                   (c) Regulations. (1) No person or
                                                Governments                                             environmental analysis checklist                      vessel may enter or remain within the
                                                                                                        supporting this determination and                     security zone without the permission of
                                                   A rule has implications for federalism               Categorical Exclusion Determination are               the COTP Jacksonville or designated
                                                under Executive Order 13132,                            available in the docket where indicated               representative.
                                                Federalism, if it has a substantial direct              under ADDRESSES.                                        (2) All persons and vessels authorized
                                                effect on the States, on the relationship                                                                     to enter the security zone shall
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                                                between the national government and                     G. Protest Activities                                 immediately obey any direction or order
                                                the States, or on the distribution of                     The Coast Guard respects the First                  of the COTP Jacksonville or designated
                                                power and responsibilities among the                    Amendment rights of protesters.                       representative.
                                                various levels of government. We have                   Protesters are asked to contact the                     (3) This regulation does not apply to
                                                analyzed this rule under that order and                 person listed in the FOR FURTHER                      persons or vessels operating under the
                                                have determined that it is consistent                   INFORMATION CONTACT section to                        authority of the United States Navy or
                                                with the fundamental federalism                         coordinate protest activities so that your            to authorized law enforcement agencies.


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                                                13968             Federal Register / Vol. 82, No. 50 / Thursday, March 16, 2017 / Rules and Regulations

                                                ■   3. Add § 165.732 to read as follows:                ENVIRONMENTAL PROTECTION                              Agency, Office of Land and Emergency
                                                                                                        AGENCY                                                Management, 1200 Pennsylvania Ave.
                                                § 165.732 Escorted Submarines Sector                                                                          NW. (Mail Code 5104A), Washington,
                                                Jacksonville Captain of the Port Zone.                  40 CFR Part 68                                        DC 20460; telephone number: (202)
                                                   (a) Location. The following areas are                                                                      564–7987; email address:
                                                                                                        [EPA–HQ–OEM–2015–0725; FRL–9959–57–
                                                regulated navigation areas (RNA)                        OLEM]                                                 franklin.kathy@epa.gov.
                                                whenever any Navy submarine (foreign                                                                            Electronic copies of this document
                                                or domestic) is being escorted by the                   RIN 2050–AG82                                         and related news releases are available
                                                                                                                                                              on EPA’s Web site at http://
                                                Coast Guard within the Sector                           Accidental Release Prevention                         www.epa.gov/rmp. Copies of this final
                                                Jacksonville Captain of the Port Zone                   Requirements: Risk Management                         rule are also available at http://
                                                territorial seas:                                       Programs Under the Clean Air Act;                     www.regulations.gov.
                                                   (1) All waters within 1 nautical mile                Further Delay of Effective Date
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                of any Navy submarine operating within
                                                                                                        AGENCY:  Environmental Protection                     I. Background
                                                the Sector Jacksonville Captain of the
                                                                                                        Agency (EPA).
                                                Port Zone territorial seas; and                                                                                  On January 13, 2017, the EPA (‘‘we’’)
                                                                                                        ACTION: Final rule; delay of effective
                                                   (2) All waters within 1 nautical mile                                                                      issued a final rule amending 40 CFR
                                                                                                        date.                                                 part 68, the chemical accident
                                                of the charted center of the navigation
                                                channel from the southern tip of Crab                   SUMMARY:   By a letter dated March 13,                prevention provisions under section
                                                Island in the Cumberland Sound,                         2017, the Administrator announced the                 112(r)(7) of the Clean Air Act (CAA) ((42
                                                Georgia, to the St. Marys Entrance                      convening of a proceeding for                         U.S.C. 7412(r)). The amendments
                                                                                                        reconsideration of the final rule that                addressed various aspects of risk
                                                Channel and its approach extending
                                                                                                        amends the chemical accident                          management programs, including
                                                eastward to lighted buoy ‘‘STM.’’
                                                                                                        prevention provisions addressing Risk                 prevention programs at stationary
                                                   (b) Regulations. All persons and                                                                           sources, emergency response
                                                                                                        Management Programs under the Clean
                                                vessels located within a RNA created by                                                                       preparedness requirements, information
                                                                                                        Air Act published in the Federal
                                                paragraph (a) shall follow all lawful                   Register on January 13, 2017. The                     availability, and various other changes
                                                orders and/or directions given to them                  effective date of these regulations had               to streamline, clarify, and otherwise
                                                by designated Coast Guard                               been March 21, 2017. By this action, the              technically correct the underlying rules.
                                                representatives. 33 CFR 165, subpart B,                 EPA is administratively staying and                   Collectively, this rulemaking is known
                                                contains additional provisions                          delaying the effective date of this rule              as the ‘‘Risk Management Program
                                                applicable to the RNA created in                        for 90 days. Thus, the January 13, 2017               Amendments.’’ For further information
                                                paragraph (a) of this section.                          rule will become effective on June 19,                on the Risk Management Program
                                                                                                        2017.                                                 Amendments, see 82 FR 4594 (January
                                                   (c) Notification. The Coast Guard
                                                                                                                                                              13, 2017).
                                                escort will attempt, when necessary and                 DATES: The effective date of the rule                    On January 26, 2017, the EPA
                                                practicable, to notify any persons or                   amending 40 CFR part 68 published at                  published a final rule extending the
                                                vessels inside or approaching the                       82 FR 4594 (January 13, 2017), as                     effective date of the Risk Management
                                                vicinity of a RNA created in paragraph                  delayed at 82 FR 8499 (January 26,                    Program Amendments from March 14,
                                                (a) of this section of its existence via                2017) is further delayed to June 19,                  2017, to March 21, 2017, see 82 FR
                                                VHF Channel 16 and/or any other                         2017.                                                 8499. This revision to the effective date
                                                means reasonably available.                                                                                   of the Risk Management Program
                                                                                                        ADDRESSES:   The EPA has established a
                                                  Dated: March 10, 2017.                                docket for the rule amending 40 CFR                   Amendments was part of an EPA final
                                                S.A. Buschman,                                          part 68 under Docket ID No. EPA–HQ–                   rule implementing a memorandum
                                                                                                        OEM–2015–0725. All documents in the                   dated January 20, 2017, from the
                                                Rear Admiral, U.S. Coast Guard, Commander,
                                                                                                        docket are listed on the http://                      Assistant to the President and Chief of
                                                Seventh Coast Guard District.
                                                                                                        www.regulations.gov Web site. Although                Staff, entitled ‘‘Regulatory Freeze
                                                [FR Doc. 2017–05229 Filed 3–15–17; 8:45 am]
                                                                                                        listed in the index, some information is              Pending Review.’’ This memorandum
                                                BILLING CODE 9110–04–P
                                                                                                        not publicly available, e.g., Confidential            directed the heads of agencies to extend
                                                                                                        Business Information (CBI) or other                   until 60 days after the date of its
                                                                                                        information whose disclosure is                       issuance the effective date of rules that
                                                                                                        restricted by statute. Certain other                  were published prior to January 20,
                                                DEPARTMENT OF EDUCATION                                                                                       2017 but which had not yet become
                                                                                                        material, such as copyrighted material,
                                                                                                        is not placed on the Internet and will be             effective.
                                                Office of Postsecondary Education                                                                                In a letter dated February 28, 2017, a
                                                                                                        publicly available only in hard copy
                                                                                                        form. Publicly available docket                       group known as the ‘‘RMP Coalition,’’ 1
                                                34 CFR Part 674                                                                                               submitted a petition for reconsideration
                                                                                                        materials are available electronically
                                                                                                        through http://www.regulations.gov.                   of the Risk Management Program
                                                Federal Perkins Loan Program                                                                                  Amendments (‘‘RMP Coalition
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                CFR Correction                                                                                                Petition’’) as provided for in CAA
                                                                                                        James Belke, United States                            section 307(d)(7)(B) (42 U.S.C.
                                                                                                        Environmental Protection Agency,
                                                  In Title 34 of the Code of Federal
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                                                                                                        Office of Land and Emergency
                                                Regulations, Parts 400 to 679, revised as                                                                       1 The RMP Coalition is comprised of the
                                                                                                        Management, 1200 Pennsylvania Ave.                    American Chemistry Council, the American Forest
                                                of July 1, 2016, on page 698, in § 674.17,              NW. (Mail Code 5104A), Washington,                    & Paper Association, the American Fuel &
                                                in the introductory text of paragraph (a),              DC 20460; telephone number: (202)                     Petrochemical Manufacturers, the American
                                                the words ‘‘one of’’ are removed.                       564–8023; email address: belke.jim@                   Petroleum Institute, the Chamber of Commerce of
                                                                                                                                                              the United States of America, the National
                                                [FR Doc. 2017–05299 Filed 3–15–17; 8:45 am]             epa.gov, or: Kathy Franklin, United                   Association of Manufacturers, and the Utility Air
                                                BILLING CODE 1301–00–D                                  States Environmental Protection                       Regulatory Group.



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Document Created: 2017-03-16 02:18:49
Document Modified: 2017-03-16 02:18:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective April 17, 2017.
ContactIf you have questions on this rule, call or email Lieutenant Allan Storm, Coast Guard Sector Jacksonville, Chief of Waterways Management, telephone (904) 714-7616, email [email protected]
FR Citation82 FR 13965 
RIN Number1625-AA11
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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