82_FR_24950 82 FR 24847 - Regulated Navigation Area; East River, Brooklyn, NY

82 FR 24847 - Regulated Navigation Area; East River, Brooklyn, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 103 (May 31, 2017)

Page Range24847-24851
FR Document2017-11212

The Coast Guard is establishing a temporary regulated navigation area (RNA) for the navigable waters of the Manhattan side of the East River, south of Dupont Street in Greenpoint, Brooklyn, and East 25th Street in Manhattan, and north of a line drawn from the northwest corner of Pier 5 Brooklyn to the northeast corner of the Governors Island Ferry Manhattan Terminal. The RNA is needed to protect personnel, vessels, and the marine environment from potential hazards associated with a dielectric oil spill response. This RNA establishes vessel speed restrictions on vessels transiting near the pollution response area unless specifically authorized by the First District Commander or the Captain of the Port New York to exceed those restrictions.

Federal Register, Volume 82 Issue 103 (Wednesday, May 31, 2017)
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24847-24851]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11212]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0434]
RIN 1625-AA11


Regulated Navigation Area; East River, Brooklyn, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary regulated 
navigation area (RNA) for the navigable waters of the Manhattan side of 
the East River, south of Dupont Street in Greenpoint, Brooklyn, and 
East 25th Street in Manhattan, and north of a line drawn from the 
northwest corner of Pier 5 Brooklyn to the northeast corner of the 
Governors Island Ferry Manhattan Terminal. The RNA is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
associated with a dielectric oil spill response. This RNA establishes 
vessel speed restrictions on vessels transiting near the pollution 
response area unless specifically authorized by the First District 
Commander or the Captain of the Port New York to exceed those 
restrictions.

DATES: This rule is effective without actual notice from May 31, 2017 
through 5 p.m. on July 14, 2017. For the purposes of enforcement, 
actual notice will be used from 4 p.m. May 16, 2017, through May 31, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0434 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 Mr. Craig Lapiejko, Waterways Management at Coast Guard 
First District, telephone 617-223-8351, email [email protected] 
or Mr. Jeff Yunker, Sector New York Waterways Management Division; 
telephone 718-354-4195, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port New York
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
RNA Regulated Navigation Area
TFR Temporary final rule
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 8, 2017, we established a temporary safety zone entitled 
``Safety Zone; East River and Buttermilk Channel, Brooklyn, NY'' for 
emergency pollution response. The effective period for the safety zone 
is from 4 p.m. on May 8, 2017, until 5 p.m. on July 14, 2017. This 
safety zone prohibits all vessels from transiting through the

[[Page 24848]]

Brooklyn side of the East River and Buttermilk Channel, south of Dupont 
Street in Greenpoint, Brooklyn and East 25th Street in Manhattan, and 
Buttermilk Channel, north of the Buttermilk Channel Entrance Lighted 
Gong Buoy 1 (LLNR 36985).
    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are impracticable, unnecessary, or contrary to the public 
interest. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because impracticable and contrary to the 
public interest to delay this rule to let a comment period run. It 
would be impracticable and contrary to the public interest because 
waiting for a comment period to run would inhibit the Coast Guard's 
response to protecting the environment and public from the dangers 
associated with a maritime pollution response effort.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable and contrary to public 
interest for the same reasons discussed in the preceding paragraph.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The First District Commander and COTP have determined that 
vessels producing a wake near the emergency pollution response 
activities and in-water shoreside repair operations will be a safety 
concern for pollution response vessels, machinery, and personnel. 
Further, the emergency pollution response activities pose hazards to 
the boating public and the maritime environment. This rule is necessary 
to limit damage to deployed containment boom, and to protect personnel, 
vessels, and the marine environment in the navigable waters adjacent to 
the RNA while these activities are in progress.

IV. Discussion of the Rule

    This rule establishes a RNA from 4 p.m. May 16, 2017 through 5 p.m. 
July 14, 2017. The RNA will cover all navigable waters of the Manhattan 
side of the East River, south of Dupont Street in Greenpoint, Brooklyn, 
and East 25th Street in Manhattan, and north of a line drawn from the 
northwest corner of Pier 5 Brooklyn to the northeast corner of the 
Governors Island Ferry Manhattan Terminal.

[[Page 24849]]

[GRAPHIC] [TIFF OMITTED] TR31MY17.000

    The duration of the RNA is intended to limit damage to the 
pollution containment boom, and protect personnel, vessels, and the 
marine environment adjacent to these navigable waters during the 
emergency pollution response. No vessel or person will be permitted to 
produce a wake and may not attain speeds greater than five (5) knots 
unless a higher minimum speed is necessary to maintain bare steerageway 
without obtaining permission from the First District Commander, COTP, 
or a designated representative.

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.
    This regulatory action determination is based on the size, 
location, and duration of the RNA. Vessel traffic will be able to 
safely transit through this RNA, which will impact a small designated 
area of the East River, NY during emergency pollution response 
operations. Vessels will be able to transit at a ``Slow-No Wake'' speed 
limit and vessels may attain speeds greater than five (5) knots if a 
higher minimum speed is necessary to maintain bare steerageway. The 
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the RNA.

[[Page 24850]]

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 rule 
will 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 will 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 does 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 rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 a RNA lasting two months that will prohibit vessels from 
producing a wake or attaining speeds greater than five (5) knots unless 
a higher minimum speed is necessary to maintain bare steerageway. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A Record of Environmental 
Consideration for Categorically Excluded Actions will be 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 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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, 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T01-0434 to read as follows:


Sec.  165.T01  0434 Regulated Navigation Area; East River, Brooklyn, 
NY.

    (a) Location. The following area is a regulated navigation area 
(RNA): All waters of the Manhattan half of the East River, south of a 
line drawn from (pa) 40[deg]44'07.5'' N., 073[deg]57'40.3'' W. (Dupont 
Street, Greenpoint, Brooklyn, NY) to 40[deg]44'10.1'' N., 
073[deg]58'21.6'' W. (NAD 83) (East 25th Street, Manhattan, NY) and 
north of a line drawn from the northwest corner of Pier 5 Brooklyn to 
the northeast corner of the Governors Island Ferry Manhattan Terminal.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. 
Coast Guard who has been designated by the First District Commander or 
COTP to act on his or her behalf. A designated representative may be on 
an official patrol vessel or may be on shore and will communicate with 
vessels via VHF-FM radio or loudhailer. In addition, members of the 
Coast Guard Auxiliary may be present to inform vessel operators of this 
regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (c) Enforcement Period. This RNA is effective and will be enforced 
from 4

[[Page 24851]]

p.m. on May 16, 2017, through 5 p.m. July 14, 2017.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.10, 165.11, and 165.13 as well as the following regulations, apply.
    (2) During periods of enforcement, all vessel movement within the 
RNA is subject to a ``Slow-No Wake'' speed limit. Vessels may not 
produce a wake nor not attain speeds greater than five (5) knots unless 
a higher minimum speed is necessary to maintain bare steerageway.
    (3) During periods of enforcement, upon being hailed by a U.S. 
Coast Guard vessel by siren, radio, flashing light, or other means, the 
operator of the vessel must proceed as directed.

    Dated: May 16, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2017-11212 Filed 5-30-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations                                           24847

                                                  part 71.1. The Class E airspace                         Lists of Subjects in 14 CFR Part 71                     navigation area (RNA) for the navigable
                                                  designation listed in this document will                 Airspace, Incorporation by reference,                  waters of the Manhattan side of the East
                                                  be published subsequently in the Order.                 Navigation (air).                                       River, south of Dupont Street in
                                                                                                                                                                  Greenpoint, Brooklyn, and East 25th
                                                  Availability and Summary of                             Adoption of the Amendment                               Street in Manhattan, and north of a line
                                                  Documents for Incorporation by
                                                                                                            In consideration of the foregoing, the                drawn from the northwest corner of Pier
                                                  Reference
                                                                                                          Federal Aviation Administration                         5 Brooklyn to the northeast corner of the
                                                     This document amends FAA Order                       amends 14 CFR part 71 as follows:                       Governors Island Ferry Manhattan
                                                  7400.11A, Airspace Designations and                                                                             Terminal. The RNA is needed to protect
                                                  Reporting Points, dated August 3, 2016,                 PART 71—DESIGNATION OF CLASS A,                         personnel, vessels, and the marine
                                                  and effective September 15, 2016. FAA                   B, C, D, AND E AIRSPACE AREAS; AIR                      environment from potential hazards
                                                  Order 7400.11A is publicly available as                 TRAFFIC SERVICE ROUTES; AND                             associated with a dielectric oil spill
                                                  listed in the ADDRESSES section of this                 REPORTING POINTS                                        response. This RNA establishes vessel
                                                  document. FAA Order 7400.11A lists                                                                              speed restrictions on vessels transiting
                                                  Class A, B, C, D, and E airspace areas,                 ■ 1. The authority citation for part 71                 near the pollution response area unless
                                                  air traffic service routes, and reporting               continues to read as follows:                           specifically authorized by the First
                                                  points.                                                   Authority: 49 U.S.C. 106(f), 106(g); 40103,           District Commander or the Captain of
                                                  The Rule                                                40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            the Port New York to exceed those
                                                                                                          1959–1963 Comp., p. 389.                                restrictions.
                                                     This amendment to Title 14, Code of
                                                  Federal Regulations (14 CFR) part 71                    § 71.1       [Amended]                                  DATES:  This rule is effective without
                                                  establishes Class E airspace extending                                                                          actual notice from May 31, 2017 through
                                                                                                          ■ 2. The incorporation by reference in
                                                  upward from 700 feet above the surface                                                                          5 p.m. on July 14, 2017. For the
                                                                                                          14 CFR 71.1 of FAA Order 7400.11A,
                                                  at N Bar Ranch, Grass Range, MT,                                                                                purposes of enforcement, actual notice
                                                                                                          Airspace Designations and Reporting
                                                  within an area 3.6 miles wide extending                                                                         will be used from 4 p.m. May 16, 2017,
                                                                                                          Points, dated August 3, 2016, and
                                                  6.1 miles northeast and 5.9 miles                                                                               through May 31, 2017.
                                                                                                          effective September 15, 2016, is
                                                  southwest of the airport. This airspace                 amended as follows:                                     ADDRESSES: To view documents
                                                  is necessary to support IFR operations                                                                          mentioned in this preamble as being
                                                  in new standard instrument approach                     Paragraph 6005 Class E Airspace Areas                   available in the docket, go to http://
                                                  and departure procedures at the airport.                Extending Upward From 700 Feet or More                  www.regulations.gov, type USCG–2017–
                                                                                                          Above the Surface of the Earth.                         0434 in the ‘‘SEARCH’’ box and click
                                                  Regulatory Notices and Analyses
                                                                                                          *        *      *      *       *                        ‘‘SEARCH.’’ Click on Open Docket
                                                     The FAA has determined that this                                                                             Folder on the line associated with this
                                                  regulation only involves an established                 ANM MT E5 Grass Range, MT [New]
                                                                                                                                                                  rule.
                                                  body of technical regulations for which                 N Bar Ranch, MT
                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT: If
                                                  frequent and routine amendments are                       (Lat. 46°50′17″ N., long. 108°56′13″ W.)
                                                                                                                                                                  you have questions on this rule, call or
                                                  necessary to keep them operationally                      That airspace extending upward from 700
                                                                                                          feet above the surface within 1.8 miles each            email Mr. Craig Lapiejko, Waterways
                                                  current, is non-controversial and                                                                               Management at Coast Guard First
                                                  unlikely to result in adverse or negative               side of a 070° bearing from the N Bar Ranch
                                                                                                          Airport extending to 6.1 miles northeast of             District, telephone 617–223–8351, email
                                                  comments. It, therefore: (1) Is not a                                                                           craig.d.lapiejko@uscg.mil or Mr. Jeff
                                                                                                          the airport, and within 1.8 miles each side of
                                                  ‘‘significant regulatory action’’ under                 a 250° bearing from the airport extending to            Yunker, Sector New York Waterways
                                                  Executive Order 12866; (2) is not a                     5.9 miles southwest of the airport.                     Management Division; telephone 718–
                                                  ‘‘significant rule’’ under DOT                                                                                  354–4195, email jeff.m.yunker@
                                                                                                            Issued in Seattle, Washington, on May 22,
                                                  Regulatory Policies and Procedures (44                                                                          uscg.mil.
                                                                                                          2017.
                                                  FR 11034; February 26, 1979); and (3)
                                                                                                          Sam S.L. Shrimpton,                                     SUPPLEMENTARY INFORMATION:
                                                  does not warrant preparation of a
                                                  Regulatory Evaluation as the anticipated                Acting Group Manager, Operations Support
                                                                                                          Group, Western Service Center.                          I. Table of Abbreviations
                                                  impact is so minimal. Since this is a
                                                  routine matter that only affects air traffic            [FR Doc. 2017–11069 Filed 5–30–17; 8:45 am]
                                                                                                                                                                  CFR Code of Federal Regulations
                                                  procedures and air navigation, it is                    BILLING CODE 4910–13–P
                                                                                                                                                                  COTP Captain of the Port New York
                                                  certified that this rule, when                                                                                  DHS Department of Homeland Security
                                                  promulgated, will not have a significant                                                                        FR Federal Register
                                                  economic impact on a substantial                        DEPARTMENT OF HOMELAND                                  NPRM Notice of proposed rulemaking
                                                  number of small entities under the                      SECURITY                                                § Section
                                                  criteria of the Regulatory Flexibility Act.                                                                     RNA Regulated Navigation Area
                                                                                                          Coast Guard                                             TFR Temporary final rule
                                                  Environmental Review                                                                                            U.S.C. United States Code
                                                     The FAA has determined that this                     33 CFR Part 165
                                                  action qualifies for categorical exclusion                                                                      II. Background Information and
                                                                                                          [Docket Number USCG–2017–0434]                          Regulatory History
                                                  under the National Environmental
                                                  Policy Act in accordance with FAA                       RIN 1625–AA11                                             On May 8, 2017, we established a
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                                                  Order 1050.1F, ‘‘Environmental                                                                                  temporary safety zone entitled ‘‘Safety
                                                  Impacts: Policies and Procedures,’’                     Regulated Navigation Area; East River,
                                                                                                                                                                  Zone; East River and Buttermilk
                                                  paragraph 5–6.5a. This airspace action                  Brooklyn, NY
                                                                                                                                                                  Channel, Brooklyn, NY’’ for emergency
                                                  is not expected to cause any potentially                AGENCY:       Coast Guard, DHS.                         pollution response. The effective period
                                                  significant environmental impacts, and                  ACTION:      Temporary final rule.                      for the safety zone is from 4 p.m. on
                                                  no extraordinary circumstances exist                                                                            May 8, 2017, until 5 p.m. on July 14,
                                                  that warrant preparation of an                          SUMMARY:   The Coast Guard is                           2017. This safety zone prohibits all
                                                  environmental assessment.                               establishing a temporary regulated                      vessels from transiting through the


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                                                  24848            Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations

                                                  Brooklyn side of the East River and                     comment period run. It would be                       shoreside repair operations will be a
                                                  Buttermilk Channel, south of Dupont                     impracticable and contrary to the public              safety concern for pollution response
                                                  Street in Greenpoint, Brooklyn and East                 interest because waiting for a comment                vessels, machinery, and personnel.
                                                  25th Street in Manhattan, and                           period to run would inhibit the Coast                 Further, the emergency pollution
                                                  Buttermilk Channel, north of the                        Guard’s response to protecting the                    response activities pose hazards to the
                                                  Buttermilk Channel Entrance Lighted                     environment and public from the                       boating public and the maritime
                                                  Gong Buoy 1 (LLNR 36985).                               dangers associated with a maritime                    environment. This rule is necessary to
                                                    The Coast Guard is issuing this                       pollution response effort.                            limit damage to deployed containment
                                                  temporary rule without prior notice and                    We are issuing this rule, and under 5              boom, and to protect personnel, vessels,
                                                  opportunity to comment pursuant to                      U.S.C. 553(d)(3), the Coast Guard finds               and the marine environment in the
                                                  authority under section 4(a) of the                     that good cause exists for making it                  navigable waters adjacent to the RNA
                                                  Administrative Procedure Act (APA) (5                   effective less than 30 days after                     while these activities are in progress.
                                                  U.S.C. 553(b)). This provision                          publication in the Federal Register.
                                                                                                                                                                IV. Discussion of the Rule
                                                  authorizes an agency to issue a rule                    Delaying the effective date of this rule
                                                  without prior notice and opportunity to                 would be impracticable and contrary to                  This rule establishes a RNA from 4
                                                  comment when the agency for good                        public interest for the same reasons                  p.m. May 16, 2017 through 5 p.m. July
                                                  cause finds that those procedures are                   discussed in the preceding paragraph.                 14, 2017. The RNA will cover all
                                                  impracticable, unnecessary, or contrary                                                                       navigable waters of the Manhattan side
                                                  to the public interest. Under 5 U.S.C.                  III. Legal Authority and Need for Rule                of the East River, south of Dupont Street
                                                  553(b)(B), the Coast Guard finds that                     The Coast Guard is issuing this rule                in Greenpoint, Brooklyn, and East 25th
                                                  good cause exists for not publishing a                  under authority in 33 U.S.C. 1231. The                Street in Manhattan, and north of a line
                                                  notice of proposed rulemaking (NPRM)                    First District Commander and COTP                     drawn from the northwest corner of Pier
                                                  with respect to this rule because                       have determined that vessels producing                5 Brooklyn to the northeast corner of the
                                                  impracticable and contrary to the public                a wake near the emergency pollution                   Governors Island Ferry Manhattan
                                                  interest to delay this rule to let a                    response activities and in-water                      Terminal.
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                                                                   Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations                                         24849




                                                    The duration of the RNA is intended                   Below we summarize our analyses                       Accordingly, it has not been reviewed
                                                  to limit damage to the pollution                        based on a number of these statutes and               by the Office of Management and
                                                  containment boom, and protect                           Executive orders, and we discuss First                Budget.
                                                  personnel, vessels, and the marine                      Amendment rights of protestors.                          This regulatory action determination
                                                  environment adjacent to these navigable                                                                       is based on the size, location, and
                                                  waters during the emergency pollution                   A. Regulatory Planning and Review
                                                                                                                                                                duration of the RNA. Vessel traffic will
                                                  response. No vessel or person will be                      Executive Orders 12866 and 13563                   be able to safely transit through this
                                                  permitted to produce a wake and may                     direct agencies to assess the costs and               RNA, which will impact a small
                                                  not attain speeds greater than five (5)                 benefits of available regulatory                      designated area of the East River, NY
                                                  knots unless a higher minimum speed is                  alternatives and, if regulation is                    during emergency pollution response
                                                  necessary to maintain bare steerageway                  necessary, to select regulatory                       operations. Vessels will be able to
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                                                  without obtaining permission from the                   approaches that maximize net benefits.
                                                  First District Commander, COTP, or a                                                                          transit at a ‘‘Slow-No Wake’’ speed limit
                                                                                                          Executive Order 13563 emphasizes the                  and vessels may attain speeds greater
                                                  designated representative.                              importance of quantifying both costs                  than five (5) knots if a higher minimum
                                                  V. Regulatory Analyses                                  and benefits, of reducing costs, of                   speed is necessary to maintain bare
                                                                                                          harmonizing rules, and of promoting
                                                                                                                                                                steerageway. The Coast Guard will issue
                                                    We developed this rule after                          flexibility. This rule has not been
                                                                                                                                                                Broadcast Notice to Mariners via VHF–
                                                  considering numerous statutes and                       designated a ‘‘significant regulatory
                                                                                                                                                                FM marine channel 16 about the RNA.
                                                                                                                                                                                                            ER31MY17.000</GPH>




                                                  Executive orders related to rulemaking.                 action,’’ under Executive Order 12866.


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                                                  24850            Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations

                                                  B. Impact on Small Entities                             various levels of government. We have                 G. Protest Activities
                                                     The Regulatory Flexibility Act of                    analyzed this rule under that Order and                 The Coast Guard respects the First
                                                  1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 Amendment rights of protesters.
                                                  requires Federal agencies to consider                   with the fundamental federalism                       Protesters are asked to contact the
                                                  the potential impact of regulations on                  principles and preemption requirements                person listed in the FOR FURTHER
                                                  small entities during rulemaking. The                   described in Executive Order 13132.                   INFORMATION CONTACT section to
                                                  term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               coordinate protest activities so that your
                                                  businesses, not-for-profit organizations                implications under Executive Order                    message can be received without
                                                  that are independently owned and                        13175, Consultation and Coordination                  jeopardizing the safety or security of
                                                  operated and are not dominant in their                  with Indian Tribal Governments,                       people, places or vessels.
                                                  fields, and governmental jurisdictions                  because it does not have a substantial                List of Subjects in 33 CFR Part 165
                                                  with populations of less than 50,000.                   direct effect on one or more Indian
                                                  The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the                 Harbors, Marine safety, Navigation
                                                  605(b) that this rule will not have a                   Federal Government and Indian tribes,                 (water), Reporting and recordkeeping
                                                  significant economic impact on a                        or on the distribution of power and                   requirements, Security measures, and
                                                  substantial number of small entities.                   responsibilities between the Federal                  Waterways.
                                                     While some owners or operators of                    Government and Indian tribes. If you                    For the reasons discussed in the
                                                  vessels intending to transit the RNA                    believe this rule has implications for                preamble, the Coast Guard amends 33
                                                  may be small entities, for the reasons                  federalism or Indian tribes, please                   CFR part 165 as follows:
                                                  stated in section V.A above, this rule                  contact the person listed in the FOR
                                                  will not have a significant economic                                                                          PART 165—REGULATED NAVIGATION
                                                                                                          FURTHER INFORMATION CONTACT section
                                                  impact on any vessel owner or operator.                                                                       AREAS AND LIMITED ACCESS AREAS
                                                                                                          above.
                                                     Under section 213(a) of the Small                                                                          ■ 1. The authority citation for part 165
                                                  Business Regulatory Enforcement                         E. Unfunded Mandates Reform Act
                                                                                                                                                                continues to read as follows:
                                                  Fairness Act of 1996 (Pub. L. 104–121),                   The Unfunded Mandates Reform Act
                                                  we want to assist small entities in                                                                             Authority: 33 U.S.C 1231; 50 U.S.C. 191;
                                                                                                          of 1995 (2 U.S.C. 1531–1538) requires                 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
                                                  understanding this rule. If the rule                    Federal agencies to assess the effects of             Department of Homeland Security Delegation
                                                  would affect your small business,
                                                                                                          their discretionary regulatory actions. In            No. 0170.1.
                                                  organization, or governmental
                                                                                                          particular, the Act addresses actions                 ■ 2. Add § 165.T01–0434 to read as
                                                  jurisdiction and you have questions
                                                                                                          that may result in the expenditure by a               follows:
                                                  concerning its provisions or options for
                                                                                                          State, local, or tribal government, in the
                                                  compliance, please contact the person                                                                         § 165.T01 0434 Regulated Navigation Area;
                                                                                                          aggregate, or by the private sector of
                                                  listed in the FOR FURTHER INFORMATION                                                                         East River, Brooklyn, NY.
                                                                                                          $100,000,000 (adjusted for inflation) or
                                                  CONTACT section.                                                                                                 (a) Location. The following area is a
                                                                                                          more in any one year. Though this rule
                                                     Small businesses may send comments                                                                         regulated navigation area (RNA): All
                                                                                                          will not result in such an expenditure,
                                                  on the actions of Federal employees                                                                           waters of the Manhattan half of the East
                                                                                                          we do discuss the effects of this rule
                                                  who enforce, or otherwise determine                                                                           River, south of a line drawn from (pa)
                                                                                                          elsewhere in this preamble.
                                                  compliance with, Federal regulations to                                                                       40°44′07.5″ N., 073°57′40.3″ W. (Dupont
                                                  the Small Business and Agriculture                      F. Environment                                        Street, Greenpoint, Brooklyn, NY) to
                                                  Regulatory Enforcement Ombudsman                                                                              40°44′10.1″ N., 073°58′21.6″ W. (NAD
                                                  and the Regional Small Business                            We have analyzed this rule under                   83) (East 25th Street, Manhattan, NY)
                                                  Regulatory Fairness Boards. The                         Department of Homeland Security                       and north of a line drawn from the
                                                  Ombudsman evaluates these actions                       Management Directive 023–01 and                       northwest corner of Pier 5 Brooklyn to
                                                  annually and rates each agency’s                        Commandant Instruction M16475.lD,                     the northeast corner of the Governors
                                                  responsiveness to small business. If you                which guide the Coast Guard in                        Island Ferry Manhattan Terminal.
                                                  wish to comment on actions by                           complying with the National                              (b) Definitions. The following
                                                  employees of the Coast Guard, call 1–                   Environmental Policy Act of 1969 (42                  definitions apply to this section:
                                                  888–REG–FAIR (1–888–734–3247). The                      U.S.C. 4321–4370f), and have                             (1) Designated Representative. A
                                                  Coast Guard will not retaliate against                  determined that this action is one of a               ‘‘designated representative’’ is any Coast
                                                  small entities that question or complain                category of actions that do not                       Guard commissioned, warrant or petty
                                                  about this rule or any policy or action                 individually or cumulatively have a                   officer of the U.S. Coast Guard who has
                                                  of the Coast Guard.                                     significant effect on the human                       been designated by the First District
                                                                                                          environment. This rule involves a RNA                 Commander or COTP to act on his or
                                                  C. Collection of Information                            lasting two months that will prohibit                 her behalf. A designated representative
                                                    This rule will not call for a new                     vessels from producing a wake or                      may be on an official patrol vessel or
                                                  collection of information under the                     attaining speeds greater than five (5)                may be on shore and will communicate
                                                  Paperwork Reduction Act of 1995 (44                     knots unless a higher minimum speed is                with vessels via VHF–FM radio or
                                                  U.S.C. 3501–3520).                                      necessary to maintain bare steerageway.               loudhailer. In addition, members of the
                                                                                                          It is categorically excluded from further             Coast Guard Auxiliary may be present to
                                                  D. Federalism and Indian Tribal                         review under paragraph 34(g) of Figure                inform vessel operators of this
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                                                  Governments                                             2–1 of the Commandant Instruction. A                  regulation.
                                                     A rule has implications for federalism               Record of Environmental Consideration                    (2) Official Patrol Vessels. Official
                                                  under Executive Order 13132,                            for Categorically Excluded Actions will               patrol vessels may consist of any Coast
                                                  Federalism, if it has a substantial direct              be available in the docket where                      Guard, Coast Guard Auxiliary, state, or
                                                  effect on the States, on the relationship               indicated under ADDRESSES. We seek                    local law enforcement vessels assigned
                                                  between the national government and                     any comments or information that may                  or approved by the COTP.
                                                  the States, or on the distribution of                   lead to the discovery of a significant                   (c) Enforcement Period. This RNA is
                                                  power and responsibilities among the                    environmental impact from this rule.                  effective and will be enforced from 4


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                                                                   Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations                                                    24851

                                                  p.m. on May 16, 2017, through 5 p.m.                    ADDRESSES:   Submit your comments,                    to develop the national emissions
                                                  July 14, 2017.                                          identified by Docket ID No. EPA–R04–                  inventory (NEI). The AERR rulemaking
                                                    (d) Regulations. (1) The general                      OAR–2016–0217 at https://                             was promulgated in an effort to
                                                  regulations contained in 33 CFR 165.10,                 www.regulations.gov. Follow the online                harmonize various reporting
                                                  165.11, and 165.13 as well as the                       instructions for submitting comments.                 requirements for the states, including
                                                  following regulations, apply.                           Once submitted, comments cannot be                    those previously established with the
                                                    (2) During periods of enforcement, all                edited or removed from Regulations.gov.               CERR, additional reporting required for
                                                  vessel movement within the RNA is                       EPA may publish any comment received                  ozone and carbon monoxide
                                                  subject to a ‘‘Slow-No Wake’’ speed                     to its public docket. Do not submit                   nonattainment areas, and reporting
                                                  limit. Vessels may not produce a wake                   electronically any information you                    requirements under the oxides of
                                                  nor not attain speeds greater than five                 consider to be Confidential Business                  nitrogen (NOX) SIP Call. The AERR was
                                                  (5) knots unless a higher minimum                       Information (CBI) or other information                later revised on February 19, 2015, to
                                                  speed is necessary to maintain bare                     whose disclosure is restricted by statute.            make those reporting requirements for
                                                  steerageway.                                            Multimedia submissions (audio, video,                 nonattainment areas and the NOX SIP
                                                    (3) During periods of enforcement,                    etc.) must be accompanied by a written                Call optional under 40 CFR part 51,
                                                  upon being hailed by a U.S. Coast Guard                 comment. The written comment is                       subpart A, among other changes. See 80
                                                  vessel by siren, radio, flashing light, or              considered the official comment and                   FR 8787.
                                                  other means, the operator of the vessel                 should include discussion of all points
                                                  must proceed as directed.                                                                                     II. Analysis of State’s Submittal
                                                                                                          you wish to make. EPA will generally
                                                    Dated: May 16, 2017.                                  not consider comments or comment                         This SIP revision, submitted first in
                                                  S.D. Poulin,                                            contents located outside of the primary               the June 14, 2010, submittal, and later
                                                                                                          submission (i.e. on the web, cloud, or                updated in the August 8, 2014, and
                                                  Rear Admiral, U.S. Coast Guard, Commander,
                                                  First Coast Guard District.                             other file sharing system). For                       November 4, 2016, submittals, clarifies
                                                                                                          additional submission methods, the full               federal requirements for reporting of
                                                  [FR Doc. 2017–11212 Filed 5–30–17; 8:45 am]
                                                                                                          EPA public comment policy,                            point source emissions as revised in the
                                                  BILLING CODE 9110–04–P
                                                                                                          information about CBI or multimedia                   AERR at South Carolina Regulation 61–
                                                                                                          submissions, and general guidance on                  62.1, Section III—‘‘Emissions Inventory
                                                                                                          making effective comments, please visit               and Emissions Statements.’’ South
                                                  ENVIRONMENTAL PROTECTION                                https://www2.epa.gov/dockets/                         Carolina previously adopted the CERR
                                                  AGENCY                                                  commenting-epa-dockets.                               provisions for major source reporting,
                                                                                                          FOR FURTHER INFORMATION CONTACT: D.                   which were approved into the SIP on
                                                  40 CFR Part 52
                                                                                                          Brad Akers, Air Regulatory Management                 December 7, 2006 (71 FR 70880). The
                                                  [EPA–R04–OAR–2016–0217; FRL–9962–30–                    Section, Air Planning and                             June 14, 2010, submittal and the
                                                  Region 4]                                                                                                     portions of the August 8, 2014, and
                                                                                                          Implementation Branch, Air, Pesticides
                                                                                                          and Toxics Management Division, U.S.                  November 4, 2016, submittals addressed
                                                  Air Plan Approval; South Carolina: Air                                                                        in this action update those requirements
                                                  Emissions Reporting                                     Environmental Protection Agency,
                                                                                                          Region 4, 61 Forsyth Street SW.,                      to be consistent with the AERR. EPA is
                                                  AGENCY: Environmental Protection                        Atlanta, Georgia 30303–8960. Mr. Akers                not acting on the portion of the August
                                                  Agency (EPA).                                           can be reached via telephone at (404)                 8, 2014, submittal that formally adopted
                                                  ACTION: Direct final rule.                              562–9089 or via electronic mail at                    the emissions statement requirement in
                                                                                                          akers.brad@epa.gov.                                   South Carolina’s SIP for sources of NOX
                                                  SUMMARY:   The Environmental Protection                 SUPPLEMENTARY INFORMATION:
                                                                                                                                                                and volatile organic compounds (VOC)
                                                  Agency (EPA) is taking direct final                                                                           pursuant to CAA section 182(a)(3)(B),
                                                  action to approve changes to the South                  I. Background                                         covering nonattainment areas for the
                                                  Carolina State Implementation Plan                        The Air Emissions Reporting                         ozone national ambient air quality
                                                  (SIP) to address requirements for the                   Requirements (AERR), set forth at 40                  standards (NAAQS). This portion of the
                                                  reporting of emissions of criteria air                  CFR part 51, subpart A, are                           August 8, 2014, submittal was approved
                                                  pollutants (CAPs) and their precursors.                 requirements for the reporting of CAPs                on June 12, 2015 (80 FR 33413). EPA is
                                                  EPA is approving a SIP revision                         and precursors for all point sources,                 also not acting on other portions of the
                                                  submitted on June 14, 2010, by the State                mobile sources, and nonpoint sources.                 August 8, 2014, and November 4, 2016,
                                                  of South Carolina, through the South                    The requirements for reporting of point               submittals revising other South Carolina
                                                  Carolina Department of Health and                       source emissions from states to the                   regulations.1
                                                  Environmental Control (SC DHEC), and                    emissions inventory system (EIS) is                      1 EPA is not acting on the additional changes
                                                  portions of subsequent SIP revisions                    outlined in Appendix A to subpart A,                  made in the August 8, 2014, submittal to the
                                                  submitted on August 8, 2014 and                         which sets an annual or triennial                     following rules: Regulation 61–62.1, Section I—
                                                  November 4, 2016, which further revise                  reporting period based on thresholds of               ‘‘Definitions;’’ Regulation 61–62.1, Section II—
                                                  the regulations concerning the reporting                potential to emit. This set of reporting              ‘‘Permit Requirements;’’ Regulation 61–62.1,
                                                  of emissions. This action is being taken                                                                      Section IV—‘‘Source Tests;’’ Regulation 61–62.1,
                                                                                                          requirements and schedules,                           Section V—‘‘Credible Evidence;’’ Regulation 61–
                                                  pursuant to the Clean Air Act (CAA or                   promulgated October 17, 2008 (73 FR                   62.5, Standard No. 1—‘‘Emissions from Fuel
                                                  Act).                                                   76539), replaced the Consolidated                     Burning Operations;’’ or Regulation 61–62.5,
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  DATES: This direct final rule is effective              Emissions Reporting Requirements                      Standard No. 4—‘‘Emissions from Process
                                                                                                                                                                Industries.’’ EPA is also not acting on the additional
                                                  July 31, 2017 without further notice,                   (CERR) established on June 10, 2002 (67               changes made in the November 4, 2016, submittal
                                                  unless EPA receives adverse comment                     FR 39602). The CERR replaced prior                    to the following rules: Regulation 61–62.1, Section
                                                  by June 30, 2017. If EPA receives such                  reporting requirements under 40 CFR                   II—‘‘Permit Requirements;’’ Regulation 61–62.5,
                                                  comments, it will publish a timely                      part 51, subpart Q. It expanded the                   Standard No. 1—‘‘Emissions from Fuel Burning
                                                                                                                                                                Operations;’’ Regulation 61–62.5, Standard No. 2—
                                                  withdrawal of the direct final rule in the              pollutants covered and geographic areas               ‘‘Ambient Air Quality Standards;’’ or Regulation
                                                  Federal Register and inform the public                  reporting, and served as the basis for                61–62.5, Standard No. 4—‘‘Emissions from Process
                                                  that the rule will not take effect.                     data collection in the EIS, which is used                                                         Continued




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Document Created: 2017-05-31 05:59:36
Document Modified: 2017-05-31 05:59:36
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
ActionTemporary final rule.
DatesThis rule is effective without actual notice from May 31, 2017 through 5 p.m. on July 14, 2017. For the purposes of enforcement, actual notice will be used from 4 p.m. May 16, 2017, through May 31, 2017.
ContactIf you have questions on this rule, call or email Mr. Craig Lapiejko, Waterways Management at Coast Guard First District, telephone 617-223-8351, email [email protected] or Mr. Jeff Yunker, Sector New York Waterways Management Division; telephone 718-354-4195, email [email protected]
FR Citation82 FR 24847 
RIN Number1625-AA11
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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