82_FR_22391 82 FR 22299 - Safety Zone; Missouri River Miles 616-617, Council Bluffs, IA, and Omaha, NE

82 FR 22299 - Safety Zone; Missouri River Miles 616-617, Council Bluffs, IA, and Omaha, NE

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 92 (May 15, 2017)

Page Range22299-22301
FR Document2017-09693

The Coast Guard proposes to establish a safety zone on the Missouri River between miles 616 and 617. This action is necessary to provide for the safety of life on these navigable waters near Council Bluffs, IA and Omaha, NE during high speed boat races on July 7, 8, and 9, 2017. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Upper Mississippi River or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 92 (Monday, May 15, 2017)
[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Proposed Rules]
[Pages 22299-22301]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09693]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0318]
RIN 1625-AA00


Safety Zone; Missouri River Miles 616-617, Council Bluffs, IA, 
and Omaha, NE

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a safety zone on the 
Missouri River between miles 616 and 617. This action is necessary to 
provide for the safety of life on these navigable waters near Council 
Bluffs, IA and Omaha, NE during high speed boat races on July 7, 8, and 
9, 2017. This proposed rulemaking would prohibit persons and vessels 
from being in the safety zone unless authorized by the Captain of the 
Port Upper Mississippi River or a designated representative. We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 14, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0318 using the Federal eRulemaking 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, call or email LCDR Sean Peterson, Chief of 
Prevention, U.S. Coast Guard; telephone 314-269-2332, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On April 4, 2017, Coast Guard Sector Upper Mississippi River 
received an application for a marine event from International Outboard 
Grand Prix for the Grand Prix of Omaha and Regatta Festival. The event 
is scheduled to take place over three days, July 7, 8, and 9, 2017, on 
the Missouri River between the cities of Omaha, NE and Council Bluffs, 
IA. High speed boat practices and races will take place during the 
hours of 3 to 5 p.m. on July 7, 11:30 a.m. to 6 p.m. on July 8, and 11 
a.m. to 5:30 p.m. on July 9.
    Hazards from this race include impediment of the navigational 
channel and high speed vessels participating in the race. The Captain 
of the Port Upper Mississippi River (COTP) has determined that 
potential hazards associated with the race would be a safety concern 
for anyone transiting through the race course.
    The purpose of this proposed rulemaking is to ensure the safety of 
vessels and the navigable waters between miles 616 and 617 before, 
during, and after the scheduled event. The Coast Guard proposes this 
proposed rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 3 p.m. on July 7, 
2017 through 5.30 p.m. on July 9, 2017. The zone would be enforced from 
3 to 5 p.m. on July 7, 2017, 11:30 a.m. to 6 p.m. on July 8, 2017, and 
11 a.m. to 5:30 p.m. on July 9, 2017. The safety zone would cover all 
navigable waters between miles 616 and 617 on the Missouri River in 
Council Bluffs, IA and Omaha, NE. The duration of the zone is intended 
to ensure the safety of vessels and participants on the navigable 
waters before, during, and after the scheduled high speed boat 
practices and races. No vessel or person would be permitted to enter 
the safety zone without obtaining permission from the COTP or a 
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.

[[Page 22300]]

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.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. This proposed 
rule would have minimal impact on waterway traffic because it would be 
in effect for two hours on the first day and six and a half hours on 
both the second and third days, during daylight hours and restricts 
transit in and through a section of the Missouri River extending one 
mile. Moreover, the Coast Guard would issue a Broadcast Notice to 
Mariners (BNM) via VHF-FM marine channel 16 about the zone, and the 
proposed rule would allow vessels to seek permission to enter the zone. 
The racing events on July 8 and 9, 2017, will take place in heats, 
allowing time for vessels affected by the closure to transit the area 
between heats when deemed safe by on-scene representatives of the COTP.

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 zone 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 proposed 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 proposed 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 would have 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 the 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 involves a safety 
zone lasting for two hours on the first day and six and a half hours on 
both the second and third days that would prohibit entry over a one 
mile area of river. 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 
and Record of Environmental Consideration are available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this 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 proposed 
rulemaking. If you submit a comment, please include the docket number 
for this proposed 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

[[Page 22301]]

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 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 proposes 
to amend 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. Add Sec.  165.T08-0318 to read as follows:


Sec.  165.T08-0318  Safety Zone; Missouri River between miles 616 and 
617, Council Bluffs, IA and Omaha, NE.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Missouri River between miles 616 and 617, from surface to 
bottom, Council Bluffs, IA and Omaha, NE.
    (b) Definitions. As used in this section, a ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel and a Federal, State, and local officer designated by or 
assisting the Captain of the Port Upper Mississippi River (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF-FM channel 16, or through Coast Guard Sector 
Upper Mississippi River at 314-269-2332. Those in the safety zone must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 3 p.m. 
to 5 p.m. on July 7, 2017, 11:30 a.m. to 6 p.m. on July 8, 2017, and 11 
a.m. to 5:30 p.m. on July 9, 2017.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone.

    Dated: May 4, 2017.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper 
Mississippi.
[FR Doc. 2017-09693 Filed 5-12-17; 8:45 am]
BILLING CODE 9110-04-P



                                                                              Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Proposed Rules                                             22299

                                                    U.S. Office of Personnel Management.                      Sumter                                              U.S.C.   United States Code
                                                    Kathleen M. McGettigan,                                 Tennessee
                                                                                                              Washington                                          II. Background, Purpose, and Legal
                                                    Acting Director.                                                                                              Basis
                                                      Accordingly, OPM is proposing to                        *          *           *           *          *
                                                    amend 5 CFR part 532 as follows:                                                                                 On April 4, 2017, Coast Guard Sector
                                                                                                            [FR Doc. 2017–09731 Filed 5–12–17; 8:45 am]
                                                                                                                                                                  Upper Mississippi River received an
                                                                                                            BILLING CODE 6325–39–P
                                                    PART 532—PREVAILING RATE                                                                                      application for a marine event from
                                                    SYSTEMS                                                                                                       International Outboard Grand Prix for
                                                                                                                                                                  the Grand Prix of Omaha and Regatta
                                                    ■ 1. The authority citation for part 532                DEPARTMENT OF HOMELAND                                Festival. The event is scheduled to take
                                                    continues to read as follows:                           SECURITY                                              place over three days, July 7, 8, and 9,
                                                      Authority: 5 U.S.C. 5343, 5346; § 532.707                                                                   2017, on the Missouri River between the
                                                                                                            Coast Guard                                           cities of Omaha, NE and Council Bluffs,
                                                    also issued under 5 U.S.C. 552.
                                                    ■  2. Appendix D to Subpart B is                                                                              IA. High speed boat practices and races
                                                                                                            33 CFR Part 165                                       will take place during the hours of 3 to
                                                    amended by revising the wage area
                                                    listing for the Lake, IL; Cumberland, NC;               [Docket Number USCG–2017–0318]                        5 p.m. on July 7, 11:30 a.m. to 6 p.m.
                                                    and Richland, SC, wage areas to read as                                                                       on July 8, and 11 a.m. to 5:30 p.m. on
                                                                                                            RIN 1625–AA00
                                                    follows:                                                                                                      July 9.
                                                                                                            Safety Zone; Missouri River Miles 616–                   Hazards from this race include
                                                    Appendix D to Subpart B of Part 532—
                                                                                                            617, Council Bluffs, IA, and Omaha, NE                impediment of the navigational channel
                                                    Nonappropriated Fund Wage and
                                                    Survey Areas                                                                                                  and high speed vessels participating in
                                                                                                            AGENCY:   Coast Guard, DHS.
                                                                                                                                                                  the race. The Captain of the Port Upper
                                                                                                            ACTION:   Notice of proposed rulemaking.              Mississippi River (COTP) has
                                                        *        *         *              *            *    SUMMARY:    The Coast Guard proposes to               determined that potential hazards
                                                                       ILLINOIS                             establish a safety zone on the Missouri               associated with the race would be a
                                                                         Lake                               River between miles 616 and 617. This                 safety concern for anyone transiting
                                                                      Survey Area                           action is necessary to provide for the                through the race course.
                                                    Illinois:                                               safety of life on these navigable waters                 The purpose of this proposed
                                                       Lake                                                 near Council Bluffs, IA and Omaha, NE                 rulemaking is to ensure the safety of
                                                       Area of Application. Survey area plus:               during high speed boat races on July 7,               vessels and the navigable waters
                                                    Illinois:                                                                                                     between miles 616 and 617 before,
                                                                                                            8, and 9, 2017. This proposed
                                                       Cook
                                                       Rock Island                                          rulemaking would prohibit persons and                 during, and after the scheduled event.
                                                       Vermilion                                            vessels from being in the safety zone                 The Coast Guard proposes this proposed
                                                    Iowa:                                                   unless authorized by the Captain of the               rulemaking under authority in 33 U.S.C.
                                                       Johnson                                              Port Upper Mississippi River or a                     1231.
                                                    Michigan:                                               designated representative. We invite                  III. Discussion of Proposed Rule
                                                       Dickinson                                            your comments on this proposed
                                                       Marquette                                            rulemaking.                                              The COTP proposes to establish a
                                                    Wisconsin:
                                                       Brown                                                DATES:  Comments and related material                 safety zone from 3 p.m. on July 7, 2017
                                                       Dane                                                 must be received by the Coast Guard on                through 5.30 p.m. on July 9, 2017. The
                                                       Milwaukee                                            or before June 14, 2017.                              zone would be enforced from 3 to 5 p.m.
                                                                                                            ADDRESSES: You may submit comments
                                                                                                                                                                  on July 7, 2017, 11:30 a.m. to 6 p.m. on
                                                        *        *      *     *                        *    identified by docket number USCG–                     July 8, 2017, and 11 a.m. to 5:30 p.m.
                                                                 NORTH CAROLINA                                                                                   on July 9, 2017. The safety zone would
                                                                                                            2017–0318 using the Federal
                                                                                                            eRulemaking Portal at http://                         cover all navigable waters between
                                                        *        *         *              *            *                                                          miles 616 and 617 on the Missouri River
                                                                      Cumberland                            www.regulations.gov. See the ‘‘Public
                                                                                                            Participation and Request for                         in Council Bluffs, IA and Omaha, NE.
                                                                      Survey Area                                                                                 The duration of the zone is intended to
                                                                                                            Comments’’ portion of the
                                                    North Carolina:                                                                                               ensure the safety of vessels and
                                                     Cumberland                                             SUPPLEMENTARY INFORMATION section for
                                                                                                            further instructions on submitting                    participants on the navigable waters
                                                      Area of Application. Survey area plus:                                                                      before, during, and after the scheduled
                                                    North Carolina:                                         comments.
                                                     Durham
                                                                                                                                                                  high speed boat practices and races. No
                                                                                                            FOR FURTHER INFORMATION CONTACT:     If               vessel or person would be permitted to
                                                     Forsyth
                                                                                                            you have questions about this proposed                enter the safety zone without obtaining
                                                     Rowan
                                                                                                            rulemaking, call or email LCDR Sean                   permission from the COTP or a
                                                        *        *      *     *                        *    Peterson, Chief of Prevention, U.S. Coast             designated representative. The
                                                                 SOUTH CAROLINA                             Guard; telephone 314–269–2332, email                  regulatory text we are proposing appears
                                                                                                            Sean.M.Peterson@uscg.mil.                             at the end of this document.
                                                        *        *         *              *            *    SUPPLEMENTARY INFORMATION:
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                                       Richland                                                                                   IV. Regulatory Analyses
                                                                      Survey Area                           I. Table of Abbreviations
                                                                                                                                                                    We developed this proposed rule after
                                                    South Carolina:                                         CFR Code of Federal Regulations                       considering numerous statutes and
                                                      Richland                                              COTP Captain of the Port Upper
                                                       Area of Application. Survey area plus:                 Mississippi River
                                                                                                                                                                  Executive Orders related to rulemaking.
                                                    North Carolina:                                         DHS Department of Homeland Security                   Below we summarize our analyses
                                                      Buncombe                                              FR Federal Register                                   based on a number of these statutes and
                                                      Mecklenburg                                           NPRM Notice of proposed rulemaking                    Executive Orders and we discuss First
                                                    South Carolina                                          § Section                                             Amendment rights of protestors.


                                               VerDate Sep<11>2014   12:44 May 12, 2017   Jkt 241001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\15MYP1.SGM   15MYP1


                                                    22300                     Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Proposed Rules

                                                    A. Regulatory Planning and Review                       please submit a comment (see                          aggregate, or by the private sector of
                                                       Executive Orders 12866 and 13563                     ADDRESSES)   explaining why you think it              $100,000,000 (adjusted for inflation) or
                                                    direct agencies to assess the costs and                 qualifies and how and to what degree                  more in any one year. Though this
                                                    benefits of available regulatory                        this proposed rule would economically                 proposed rule would not result in such
                                                    alternatives and, if regulation is                      affect it.                                            an expenditure, we do discuss the
                                                                                                               Under section 213(a) of the Small                  effects of the rule elsewhere in this
                                                    necessary, to select regulatory
                                                                                                            Business Regulatory Enforcement                       preamble.
                                                    approaches that maximize net benefits.
                                                                                                            Fairness Act of 1996 (Pub. L. 104–121),
                                                    Executive Order 13563 emphasizes the                                                                          F. Environment
                                                                                                            we want to assist small entities in
                                                    importance of quantifying both costs                                                                            We have analyzed this proposed rule
                                                                                                            understanding this proposed rule. If the
                                                    and benefits, of reducing costs, of                                                                           under Department of Homeland
                                                                                                            rule would affect your small business,
                                                    harmonizing rules, and of promoting                                                                           Security Management Directive 023–01
                                                                                                            organization, or governmental
                                                    flexibility. This NPRM has not been                                                                           and Commandant Instruction
                                                                                                            jurisdiction and you have questions
                                                    designated a ‘‘significant regulatory                                                                         M16475.lD, which guide the Coast
                                                                                                            concerning its provisions or options for
                                                    action,’’ under Executive Order 12866.                                                                        Guard in complying with the National
                                                                                                            compliance, please contact the person
                                                    Accordingly, the NPRM has not been                                                                            Environmental Policy Act of 1969 (42
                                                                                                            listed in the FOR FURTHER INFORMATION
                                                    reviewed by the Office of Management                                                                          U.S.C. 4321–4370f), and have made a
                                                                                                            CONTACT section. The Coast Guard will
                                                    and Budget.                                                                                                   preliminary determination that this
                                                                                                            not retaliate against small entities that
                                                       This regulatory action determination                                                                       action is one of a category of actions that
                                                                                                            question or complain about this
                                                    is based on the size, location, duration,                                                                     do not individually or cumulatively
                                                                                                            proposed rule or any policy or action of
                                                    and time-of-day of the safety zone. This                                                                      have a significant effect on the human
                                                                                                            the Coast Guard.
                                                    proposed rule would have minimal                                                                              environment. This proposed rule
                                                    impact on waterway traffic because it                   C. Collection of Information                          involves a safety zone lasting for two
                                                    would be in effect for two hours on the                   This proposed rule would not call for               hours on the first day and six and a half
                                                    first day and six and a half hours on                   a new collection of information under                 hours on both the second and third days
                                                    both the second and third days, during                  the Paperwork Reduction Act of 1995                   that would prohibit entry over a one
                                                    daylight hours and restricts transit in                 (44 U.S.C. 3501–3520).                                mile area of river. Normally such
                                                    and through a section of the Missouri                                                                         actions are categorically excluded from
                                                    River extending one mile. Moreover, the                 D. Federalism and Indian Tribal
                                                                                                                                                                  further review under paragraph 34(g) of
                                                    Coast Guard would issue a Broadcast                     Governments
                                                                                                                                                                  Figure 2–1 of Commandant Instruction
                                                    Notice to Mariners (BNM) via VHF–FM                        A rule has implications for federalism             M16475.lD. A preliminary
                                                    marine channel 16 about the zone, and                   under Executive Order 13132,                          environmental analysis checklist and
                                                    the proposed rule would allow vessels                   Federalism, if it has a substantial direct            Record of Environmental Consideration
                                                    to seek permission to enter the zone.                   effect on the States, on the relationship             are available in the docket where
                                                    The racing events on July 8 and 9, 2017,                between the national government and                   indicated under ADDRESSES. We seek
                                                    will take place in heats, allowing time                 the States, or on the distribution of                 any comments or information that may
                                                    for vessels affected by the closure to                  power and responsibilities among the                  lead to the discovery of a significant
                                                    transit the area between heats when                     various levels of government. We have                 environmental impact from this
                                                    deemed safe by on-scene representatives                 analyzed this proposed rule under that                proposed rule.
                                                    of the COTP.                                            Order and have determined that it is
                                                                                                            consistent with the fundamental                       G. Protest Activities
                                                    B. Impact on Small Entities
                                                                                                            federalism principles and preemption                    The Coast Guard respects the First
                                                       The Regulatory Flexibility Act of                    requirements described in Executive                   Amendment rights of protesters.
                                                    1980, 5 U.S.C. 601–612, as amended,                     Order 13132.                                          Protesters are asked to contact the
                                                    requires Federal agencies to consider                      Also, this proposed rule does not have             person listed in the FOR FURTHER
                                                    the potential impact of regulations on                  tribal implications under Executive                   INFORMATION CONTACT section to
                                                    small entities during rulemaking. The                   Order 13175, Consultation and                         coordinate protest activities so that your
                                                    term ‘‘small entities’’ comprises small                 Coordination with Indian Tribal                       message can be received without
                                                    businesses, not-for-profit organizations                Governments, because it would not have                jeopardizing the safety or security of
                                                    that are independently owned and                        a substantial direct effect on one or                 people, places, or vessels.
                                                    operated and are not dominant in their                  more Indian tribes, on the relationship
                                                    fields, and governmental jurisdictions                  between the Federal Government and                    V. Public Participation and Request for
                                                    with populations of less than 50,000.                   Indian tribes, or on the distribution of              Comments
                                                    The Coast Guard certifies under 5 U.S.C.                power and responsibilities between the                  We view public participation as
                                                    605(b) that this proposed rule would not                Federal Government and Indian tribes.                 essential to effective rulemaking, and
                                                    have a significant economic impact on                   If you believe this proposed rule would               will consider all comments and material
                                                    a substantial number of small entities.                 have implications for federalism or                   received during the comment period.
                                                       While some owners or operators of                    Indian tribes, please contact the person              Your comment can help shape the
                                                    vessels intending to transit the safety                 listed in the FOR FURTHER INFORMATION                 outcome of this proposed rulemaking. If
                                                    zone may be small entities, for the                     CONTACT section.                                      you submit a comment, please include
                                                    reasons stated in section IV.A. above                                                                         the docket number for this proposed
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    this proposed rule would not have a                     E. Unfunded Mandates Reform Act                       rulemaking, indicate the specific section
                                                    significant economic impact on any                        The Unfunded Mandates Reform Act                    of this document to which each
                                                    vessel owner or operator.                               of 1995 (2 U.S.C. 1531–1538) requires                 comment applies, and provide a reason
                                                       If you think that your business,                     Federal agencies to assess the effects of             for each suggestion or recommendation.
                                                    organization, or governmental                           their discretionary regulatory actions. In              We encourage you to submit
                                                    jurisdiction qualifies as a small entity                particular, the Act addresses actions                 comments through the Federal
                                                    and that this proposed rule would have                  that may result in the expenditure by a               eRulemaking Portal at http://
                                                    a significant economic impact on it,                    State, local, or tribal government, in the            www.regulations.gov. If your material


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                                                                              Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Proposed Rules                                             22301

                                                    cannot be submitted using http://                       this part, you may not enter the safety               DATES:  Comments and related material
                                                    www.regulations.gov, contact the person                 zone described in paragraph (a) of this               must be received by the Coast Guard on
                                                    in the FOR FURTHER INFORMATION                          section unless authorized by the COTP                 or before June 14, 2017.
                                                    CONTACT section of this document for                    or the COTP’s designated representative.              ADDRESSES: You may submit comments
                                                    alternate instructions.                                   (2) To seek permission to enter,                    identified by docket number USCG–
                                                       We accept anonymous comments. All                    contact the COTP or the COTP’s                        2017–0079 using the Federal
                                                    comments received will be posted                        representative via VHF–FM channel 16,                 eRulemaking Portal at http://
                                                    without change to http://                               or through Coast Guard Sector Upper                   www.regulations.gov. See the ‘‘Public
                                                    www.regulations.gov and will include                    Mississippi River at 314–269–2332.                    Participation and Request for
                                                    any personal information you have                       Those in the safety zone must comply                  Comments’’ portion of the
                                                    provided. For more about privacy and                    with all lawful orders or directions                  SUPPLEMENTARY INFORMATION section for
                                                    the docket, you may review a Privacy                    given to them by the COTP or the                      further instructions on submitting
                                                    Act notice regarding the Federal Docket                 COTP’s designated representative.                     comments.
                                                    Management System in the March 24,                        (d) Enforcement period. This section
                                                    2005, issue of the Federal Register (70                 will be enforced from 3 p.m. to 5 p.m.                FOR FURTHER INFORMATION CONTACT:     If
                                                    FR 15086).                                              on July 7, 2017, 11:30 a.m. to 6 p.m. on              you have questions about this
                                                       Documents mentioned in this NPRM                     July 8, 2017, and 11 a.m. to 5:30 p.m.                rulemaking, call or email Petty Officer
                                                    as being available in the docket, and all               on July 9, 2017.                                      Amanda Boone, U.S. Coast Guard,
                                                    public comments, will be in our online                    (e) Informational broadcasts. The                   Sector Delaware Bay, Waterways
                                                    docket at http://www.regulations.gov                    COTP or a designated representative                   Management Division, Coast Guard;
                                                    and can be viewed by following that                     will inform the public through                        telephone (215)271–4814, email
                                                    Web site’s instructions. Additionally, if               broadcast notices to mariners of the                  Amanda.N.Boone@uscg.mil.
                                                    you go to the online docket and sign up                 enforcement period for the safety zone.               SUPPLEMENTARY INFORMATION:
                                                    for email alerts, you will be notified                    Dated: May 4, 2017.
                                                    when comments are posted or a final                                                                           I. Table of Abbreviations
                                                                                                            M.L. Malloy,
                                                    rule is published.                                                                                            CFR Code of Federal Regulations
                                                                                                            Captain, U.S. Coast Guard, Captain of the             DHS Department of Homeland Security
                                                    List of Subjects in 33 CFR Part 165                     Port Sector Upper Mississippi.                        FR Federal Register
                                                      Harbors, Marine safety, Navigation                    [FR Doc. 2017–09693 Filed 5–12–17; 8:45 am]           NPRM Notice of proposed rulemaking
                                                    (water), Reporting and recordkeeping                    BILLING CODE 9110–04–P                                § Section
                                                    requirements, Security measures,                                                                              U.S.C. United States Code
                                                                                                                                                                  COTP Captain of the Port
                                                    Waterways.
                                                                                                            DEPARTMENT OF HOMELAND                                VIP Very Important Persons
                                                      For the reasons discussed in the
                                                                                                            SECURITY                                              II. Background, Purpose, and Legal
                                                    preamble, the Coast Guard proposes to
                                                    amend 33 CFR part 165 as follows:                       Coast Guard                                           Basis
                                                                                                                                                                    On occasion VIP(s) will arrive and
                                                    PART 165—REGULATED NAVIGATION
                                                                                                            33 CFR Part 165                                       depart Philadelphia International
                                                    AREAS AND LIMITED ACCESS AREAS
                                                                                                            [Docket Number USCG–2017–0079]
                                                                                                                                                                  Airport, Philadelphia, PA, located
                                                    ■ 1. The authority citation for part 165                                                                      within Coast Guard Sector Delaware Bay
                                                                                                            RIN 1625–AA87                                         Captain of the Port (COTP) zone. These
                                                    continues to read as follows:
                                                                                                                                                                  VIP visits require the implementation of
                                                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             Security Zone; Delaware River,                        heightened security measures for
                                                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Schuylkill River; Philadelphia, PA
                                                    Department of Homeland Security Delegation                                                                    protection of VIP(s) who may travel over
                                                    No. 0170.1.                                             AGENCY:   Coast Guard, DHS.                           or on portions of the Delaware River and
                                                                                                            ACTION:   Notice of proposed rulemaking.              Schuylkill River.
                                                    ■ 2. Add § 165.T08–0318 to read as                                                                              The purpose of this rulemaking is to
                                                    follows:                                                                                                      protect the VIP and the public from
                                                                                                            SUMMARY:   The Coast Guard proposes to
                                                    § 165.T08–0318 Safety Zone; Missouri                    establish a permanent security zone                   destruction, loss, or injury from
                                                    River between miles 616 and 617, Council                within portions of the Delaware River,                sabotage, subversive acts, or other
                                                    Bluffs, IA and Omaha, NE.                               and Schuylkill River, for the protection              malicious or potential terrorist acts.
                                                      (a) Location. The following area is a                 of Very Important Persons (VIP) who                     The Coast Guard proposes this
                                                    safety zone: All navigable waters of the                arrive and depart from Philadelphia                   rulemaking under authority in 33 U.S.C.
                                                    Missouri River between miles 616 and                    International Airport, Philadelphia, PA.              1231; 50 U.S.C. 191; 33 CFR 1.05–1,
                                                    617, from surface to bottom, Council                    This rule is necessary to expedite the                6.04–1, 6.04–6, and 160.5; Department
                                                    Bluffs, IA and Omaha, NE.                               establishment and enforcement of the                  of Homeland Security Delegation No.
                                                      (b) Definitions. As used in this                      security zones when short notice is                   0170.1.
                                                    section, a ‘‘designated representative’’                received by the Coast Guard for VIP(s)
                                                                                                                                                                  III. Discussion of Proposed Rule
                                                    means a Coast Guard Patrol                              traveling to the Philadelphia area. This
                                                    Commander, including a Coast Guard                      rule will ensure safety and security for                The Coast Guard proposes to establish
                                                    coxswain, petty officer, or other officer               the visiting VIP. The permanent security              a permanent security zone within
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    operating a Coast Guard vessel and a                    zone will be enforced only during times               portions of the Delaware River and
                                                    Federal, State, and local officer                       of VIP transit and will restrict vessel               Schuylkill River for the protection of
                                                    designated by or assisting the Captain of               traffic while the zone is being enforced.             VIP’s who arrive and depart from
                                                    the Port Upper Mississippi River                        Only vessels or people specifically                   Philadelphia International Airport,
                                                    (COTP) in the enforcement of the safety                 authorized by the Captain of the Port,                Philadelphia, PA. This rule is necessary
                                                    zone.                                                   Delaware Bay, or designated                           to expedite the establishment and
                                                      (c) Regulations. (1) Under the general                representative may enter or remain in                 enforcement of security zones when
                                                    safety zone regulations in subpart C of                 the regulated area.                                   short notice is provided to the COTP for


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Document Created: 2017-05-13 02:38:38
Document Modified: 2017-05-13 02:38:38
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 June 14, 2017.
ContactIf you have questions about this proposed rulemaking, call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast Guard; telephone 314-269-2332, email [email protected]
FR Citation82 FR 22299 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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