82_FR_26859 82 FR 26749 - Safety Zone; Chincoteague Channel, Chincoteague Islands, VA

82 FR 26749 - Safety Zone; Chincoteague Channel, Chincoteague Islands, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 110 (June 9, 2017)

Page Range26749-26751
FR Document2017-11989

The Coast Guard is establishing a temporary safety zone for navigable waters of the Chincoteague Channel in the vicinity of Chincoteague Island, Virginia. The safety zone is needed to protect persons, vessels, and the marine environment from potential hazards created during a firework display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Hampton Roads.

Federal Register, Volume 82 Issue 110 (Friday, June 9, 2017)
[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Rules and Regulations]
[Pages 26749-26751]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11989]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0248]
RIN 1625-AA00


Safety Zone; Chincoteague Channel, Chincoteague Islands, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Chincoteague Channel in the vicinity of 
Chincoteague Island, Virginia. The safety zone is needed to protect 
persons, vessels, and the marine environment from potential hazards 
created during a firework display. Entry of vessels or persons into 
this zone is prohibited unless specifically authorized by the Captain 
of the Port Hampton Roads.

DATES: This rule is effective from 9:30 p.m. through 10:30 p.m. on July 
1, 2017, or on July 8, 2017, if weather renders the primary date 
unsuitable.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0248 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 LCDR Barbara Wilk, Waterways Management Division Chief, 
Sector Hampton Roads, U.S. Coast Guard, telephone 757-668-5580, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    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 information about the fireworks 
scheduled for July 1, 2017 was not received by the Coast Guard with 
sufficient time to allow for an opportunity to comment on the proposed 
rule. It is contrary to the public interest to publish an NPRM because 
immediate action is needed to ensure the safety of the fireworks 
participants, patrol vessels, and other vessels transiting the 
fireworks display area.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. A restriction on vessel traffic 
during the fireworks display scheduled for July 1, 2017 is necessary to 
protect life, property, and the environment; therefore, a 30-day notice 
is both impracticable and contrary to public

[[Page 26750]]

interest. Delaying the effective date would be contrary to the 
regulation's intended objectives of protecting persons and vessels and 
enhancing public and maritime safety.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Hampton Roads (COTP) has determined that 
potential hazards associated with the fireworks display scheduled for 
July 1, 2017, with a rain date of July 8, 2017, will be a safety 
concern for anyone within 60 yards of a point on land and immediately 
adjacent to navigable waters at latitude 37[deg]55'41'' N., longitude 
075[deg]23'09'' W. This rule is needed to protect persons, vessels, and 
the marine environment from hazards associated with a fireworks display 
over the navigable waters of Chincoteague Channel.

IV. Discussion of the Rule

    This rule establishes a safety zone on Chincoteague Channel, 
Chincoteague, VA from 9:30 p.m. through 10:30 p.m. on July 1, 2017, 
with a rain date of July 8, 2017. The safety zone will include all 
navigable waters within 60 yards of a point on land immediately 
adjacent to navigable waters at latitude 37[deg]55'41'' N., longitude 
075[deg]23'09'' W. The duration of the safety zone is intended to 
protect persons, vessels, and the marine environment on navigable 
waters during the fireworks display. Except for participants and 
vessels authorized by the COTP, no vessel or person will be permitted 
to enter the safety zone. The COTP will provide notice of enforcement 
for the safety zone by all appropriate means that conveys notice to 
affected segments of the public, including publication in the Local 
Notice to Mariners and Marine Information Broadcasts.

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, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of the Chincoteague Channel in the 
vicinity of Chincoteague Island, VA for 15 minutes and during a time of 
year when vessel traffic is normally low. Moreover, the Coast Guard 
will issue Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the zone and the rule allows vessels to request permission to 
enter the zone.

B. Impact on Small Entities

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

[[Page 26751]]

(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 
safety zone lasting less than 15 minutes that will prohibit entry 
within 60 yards of a point on land immediately adjacent to navigable 
waters located at latitude 37[deg]55'41'' N., longitude 075[deg]23'09'' 
W. This action is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record 
of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES. We request 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, 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.T05-0248 to read as follows:


Sec.  165.T05-0248  Safety Zone, Chincoteague Channel; Chincoteague 
Islands, VA.

    (a) Definitions. For the purposes of this section, Captain of the 
Port means the Commander, Sector Hampton Roads. Representative means 
any Coast Guard commissioned, warrant or petty officer who has been 
authorized to act on the behalf of the Captain of the Port. 
Participants mean individuals and vessels involved in the fireworks 
display.
    (b) Locations. The following area is a safety zone: All navigable 
waters of Chincoteague Channel within 60 yards of the fireworks display 
located near the shoreline at a point on land at approximate position 
latitude 37[deg]55'41'' N., longitude 075[deg]23'09'' W. (NAD 1983).
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones in Sec.  165.23.
    (2) With the exception of participants, entry into or remaining in 
this safety zone is prohibited unless authorized by the Captain of the 
Port, Hampton Roads or his designated representatives. All vessels 
underway within this safety zone at the time it is implemented are to 
depart the zone immediately.
    (3) The Captain of the Port, Hampton Roads or his representative 
can be contacted at telephone number (757) 668-5555. The Coast Guard 
and designated security vessels enforcing the safety zone can be 
contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and 
channel 16 (156.8 Mhz).
    (4) This section applies to all persons or vessels wishing to 
transit through the safety zone except participants and vessels that 
are engaged in the following operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation, and
    (iii) Emergency response vessels.
    (5) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the safety zone by Federal, State, and local agencies.
    (d) Enforcement period. This section will be enforced from 9:30 
p.m. through 10:30 p.m. on July 1, 2017, or on July 8, 2017, if weather 
renders the primary date unsuitable.

    Dated: June 5, 2017.
Richard J. Wester,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Road.
[FR Doc. 2017-11989 Filed 6-8-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                      Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations                                        26749

                                                contacted via VHF Channel 16. Vessel                       Pursuant to 33 CFR 165.23, entry into,              DATES:  This rule is effective from 9:30
                                                operators given permission to enter or                  transiting, or anchoring within the                    p.m. through 10:30 p.m. on July 1, 2017,
                                                operate in the safety zone must comply                  safety zone during an enforcement                      or on July 8, 2017, if weather renders
                                                with all directions given to them by the                period is prohibited unless authorized                 the primary date unsuitable.
                                                Captain of the Port Lake Michigan, or an                by the Captain of the Port Buffalo or his              ADDRESSES: To view documents
                                                on-scene representative.                                designated representative. Those                       mentioned in this preamble as being
                                                  Dated: June 2, 2017.                                  seeking permission to enter the safety                 available in the docket, go to http://
                                                A.B. Cocanour,
                                                                                                        zone may request permission from the                   www.regulations.gov, type USCG–2017–
                                                                                                        Captain of Port Buffalo via channel 16,                0248 in the ‘‘SEARCH’’ box and click
                                                Captain, U.S. Coast Guard, Captain of the
                                                Port, Lake Michigan.
                                                                                                        VHF–FM. Vessels and persons granted                    ‘‘SEARCH.’’ Click on Open Docket
                                                                                                        permission to enter the safety zone shall              Folder on the line associated with this
                                                [FR Doc. 2017–11994 Filed 6–8–17; 8:45 am]
                                                                                                        obey the directions of the Captain of the              rule.
                                                BILLING CODE 9110–04–P
                                                                                                        Port Buffalo or his designated                         FOR FURTHER INFORMATION CONTACT: If
                                                                                                        representative. While within a safety                  you have questions on this rule, call or
                                                DEPARTMENT OF HOMELAND                                  zone, all vessels shall operate at the                 email LCDR Barbara Wilk, Waterways
                                                SECURITY                                                minimum speed necessary to maintain a                  Management Division Chief, Sector
                                                                                                        safe course.                                           Hampton Roads, U.S. Coast Guard,
                                                Coast Guard                                                This notice of enforcement is issued                telephone 757–668–5580, email
                                                                                                        under authority of 33 CFR 165.939 and                  HamptonRoadsWaterway@uscg.mil.
                                                33 CFR Part 165                                         5 U.S.C. 552(a). In addition to this                   SUPPLEMENTARY INFORMATION:
                                                                                                        notice of enforcement in the Federal
                                                [Docket No. USCG–2017–0416]                             Register, the Coast Guard will provide                 I. Table of Abbreviations
                                                RIN 1625–AA00                                           the maritime community with advance                    CFR Code of Federal Regulations
                                                                                                        notification of this enforcement period                DHS Department of Homeland Security
                                                Safety Zone; Annual Event in the                        via Broadcast Notice to Mariners or                    FR Federal Register
                                                Captain of the Port Buffalo Zone—                       Local Notice to Mariners. If the Captain               NPRM Notice of proposed rulemaking
                                                                                                        of the Port Buffalo determines that the                § Section
                                                Thunder on the Niagara Hydroplane                                                                              U.S.C. United States Code
                                                Boat Races                                              safety zone need not be enforced for the
                                                                                                        full duration stated in this notice he or              II. Background Information and
                                                AGENCY:  Coast Guard, DHS.                              she may use a Broadcast Notice to                      Regulatory History
                                                ACTION: Notice of enforcement of                        Mariners to grant general permission to                   The Coast Guard is issuing this
                                                regulation.                                             enter the respective safety zone.                      temporary rule without prior notice and
                                                SUMMARY:    The Coast Guard will enforce                   Dated: June 5, 2017.                                opportunity to comment pursuant to
                                                certain safety zones located in the Code                J.S. Dufresne,                                         authority under section 4(a) of the
                                                of Federal Regulations. This notice of                  Captain, U.S. Coast Guard, Captain of the              Administrative Procedure Act (APA)
                                                enforcement includes the Thunder of                     Port Buffalo.                                          (5 U.S.C. 553(b)). This provision
                                                the Niagara Hydroplane boat races. This                 [FR Doc. 2017–11953 Filed 6–8–17; 8:45 am]             authorizes an agency to issue a rule
                                                action is necessary and intended for the                BILLING CODE 9110–04–P
                                                                                                                                                               without prior notice and opportunity to
                                                safety of life and property on navigable                                                                       comment when the agency for good
                                                waters during this event. During each                                                                          cause finds that those procedures are
                                                enforcement period, no person or vessel                 DEPARTMENT OF HOMELAND                                 ‘‘impracticable, unnecessary, or contrary
                                                may enter the respective safety zone                    SECURITY                                               to the public interest.’’ Under 5 U.S.C.
                                                without the permission of the Captain of                                                                       553(b)(B), the Coast Guard finds that
                                                the Port Buffalo.                                       Coast Guard                                            good cause exists for not publishing a
                                                                                                                                                               notice of proposed rulemaking (NPRM)
                                                DATES: The regulation in 33 CFR
                                                                                                        33 CFR Part 165                                        with respect to this rule because
                                                165.939(a)(30) will be enforced on
                                                                                                                                                               information about the fireworks
                                                August 5 and 6, 2017 from 8:45 a.m. to                  [Docket Number USCG–2017–0248]                         scheduled for July 1, 2017 was not
                                                6:15 p.m.
                                                                                                                                                               received by the Coast Guard with
                                                FOR FURTHER INFORMATION CONTACT: If                     RIN 1625–AA00
                                                                                                                                                               sufficient time to allow for an
                                                you have questions about this notice of                                                                        opportunity to comment on the
                                                enforcement, call or email LT Michael                   Safety Zone; Chincoteague Channel,
                                                                                                        Chincoteague Islands, VA                               proposed rule. It is contrary to the
                                                Collet, Chief of Waterways Management,                                                                         public interest to publish an NPRM
                                                U.S. Coast Guard Sector Buffalo, 1                      AGENCY:    Coast Guard, DHS.                           because immediate action is needed to
                                                Fuhrmann Blvd. Buffalo, NY 14203;                                                                              ensure the safety of the fireworks
                                                                                                        ACTION:   Temporary final rule.
                                                telephone 716–843–9322, email                                                                                  participants, patrol vessels, and other
                                                SectorBuffaloMarineSafety@uscg.mil.                     SUMMARY:   The Coast Guard is                          vessels transiting the fireworks display
                                                SUPPLEMENTARY INFORMATION: The Coast                    establishing a temporary safety zone for               area.
                                                Guard will enforce the Safety Zone;                     navigable waters of the Chincoteague                      Under 5 U.S.C. 553(d)(3), the Coast
                                                Annual Event in the Captain of the Port                 Channel in the vicinity of Chincoteague                Guard finds that good cause exists for
                                                Buffalo Zone listed in 33 CFR                           Island, Virginia. The safety zone is                   making this rule effective less than 30
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                                                165.939(a)(30) for the following event:                 needed to protect persons, vessels, and                days after publication in the Federal
                                                   (1) Thunder on the Niagara                           the marine environment from potential                  Register. A restriction on vessel traffic
                                                Hydroplane boat races, North                            hazards created during a firework                      during the fireworks display scheduled
                                                Tonawanda, NY; The safety zone listed                   display. Entry of vessels or persons into              for July 1, 2017 is necessary to protect
                                                in 33 CFR 165.939(a)(30) will be                        this zone is prohibited unless                         life, property, and the environment;
                                                enforced from 8:45 a.m. to 6:15 p.m. on                 specifically authorized by the Captain of              therefore, a 30-day notice is both
                                                August 5 and 6, 2017.                                   the Port Hampton Roads.                                impracticable and contrary to public


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                                                26750                 Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations

                                                interest. Delaying the effective date                   harmonizing rules, and of promoting                    wish to comment on actions by
                                                would be contrary to the regulation’s                   flexibility. This rule has not been                    employees of the Coast Guard, call
                                                intended objectives of protecting                       designated a ‘‘significant regulatory                  1–888–REG–FAIR (1–888–734–3247).
                                                persons and vessels and enhancing                       action,’’ under Executive Order 12866.                 The Coast Guard will not retaliate
                                                public and maritime safety.                             Accordingly, it has not been reviewed                  against small entities that question or
                                                                                                        by the Office of Management and                        complain about this rule or any policy
                                                III. Legal Authority and Need for Rule
                                                                                                        Budget.                                                or action of the Coast Guard.
                                                   The Coast Guard is issuing this rule                    This regulatory action determination
                                                under authority in 33 U.S.C. 1231. The                  is based on the size, location, duration,              C. Collection of Information
                                                Captain of the Port Hampton Roads                       and time-of-year of the safety zone.                     This rule will not call for a new
                                                (COTP) has determined that potential                    Vessel traffic will be able to safely                  collection of information under the
                                                hazards associated with the fireworks                   transit around this safety zone which                  Paperwork Reduction Act of 1995
                                                display scheduled for July 1, 2017, with                will impact a small designated area of                 (44 U.S.C. 3501–3520).
                                                a rain date of July 8, 2017, will be a                  the Chincoteague Channel in the
                                                                                                                                                               D. Federalism and Indian Tribal
                                                safety concern for anyone within 60                     vicinity of Chincoteague Island, VA for
                                                                                                                                                               Governments
                                                yards of a point on land and                            15 minutes and during a time of year
                                                immediately adjacent to navigable                       when vessel traffic is normally low.                      A rule has implications for federalism
                                                waters at latitude 37°55′41″ N.,                        Moreover, the Coast Guard will issue                   under Executive Order 13132,
                                                longitude 075°23′09″ W. This rule is                    Broadcast Notice to Mariners via VHF–                  Federalism, if it has a substantial direct
                                                needed to protect persons, vessels, and                 FM marine channel 16 about the zone                    effect on the States, on the relationship
                                                the marine environment from hazards                     and the rule allows vessels to request                 between the national government and
                                                associated with a fireworks display over                permission to enter the zone.                          the States, or on the distribution of
                                                the navigable waters of Chincoteague                                                                           power and responsibilities among the
                                                                                                        B. Impact on Small Entities                            various levels of government. We have
                                                Channel.
                                                                                                           The Regulatory Flexibility Act of                   analyzed this rule under that Order and
                                                IV. Discussion of the Rule                              1980, 5 U.S.C. 601–612, as amended,                    have determined that it is consistent
                                                   This rule establishes a safety zone on               requires Federal agencies to consider                  with the fundamental federalism
                                                Chincoteague Channel, Chincoteague,                     the potential impact of regulations on                 principles and preemption requirements
                                                VA from 9:30 p.m. through 10:30 p.m.                    small entities during rulemaking. The                  described in Executive Order 13132.
                                                on July 1, 2017, with a rain date of July               term ‘‘small entities’’ comprises small                   Also, this rule does not have tribal
                                                8, 2017. The safety zone will include all               businesses, not-for-profit organizations               implications under Executive Order
                                                navigable waters within 60 yards of a                   that are independently owned and                       13175, Consultation and Coordination
                                                point on land immediately adjacent to                   operated and are not dominant in their                 with Indian Tribal Governments,
                                                navigable waters at latitude 37°55′41″                  fields, and governmental jurisdictions                 because it does not have a substantial
                                                N., longitude 075°23′09″ W. The                         with populations of less than 50,000.                  direct effect on one or more Indian
                                                duration of the safety zone is intended                 The Coast Guard certifies under 5 U.S.C.               tribes, on the relationship between the
                                                to protect persons, vessels, and the                    605(b) that this rule will not have a                  Federal Government and Indian tribes,
                                                marine environment on navigable                         significant economic impact on a                       or on the distribution of power and
                                                waters during the fireworks display.                    substantial number of small entities.                  responsibilities between the Federal
                                                Except for participants and vessels                        While some owners or operators of                   Government and Indian tribes. If you
                                                authorized by the COTP, no vessel or                    vessels intending to transit the safety                believe this rule has implications for
                                                person will be permitted to enter the                   zone may be small entities, for the                    federalism or Indian tribes, please
                                                safety zone. The COTP will provide                      reasons stated in section V.A above, this              contact the person listed in the FOR
                                                notice of enforcement for the safety zone               rule will not have a significant                       FURTHER INFORMATION CONTACT section
                                                by all appropriate means that conveys                   economic impact on any vessel owner                    above.
                                                notice to affected segments of the                      or operator.
                                                                                                           Under section 213(a) of the Small                   E. Unfunded Mandates Reform Act
                                                public, including publication in the
                                                Local Notice to Mariners and Marine                     Business Regulatory Enforcement                          The Unfunded Mandates Reform Act
                                                Information Broadcasts.                                 Fairness Act of 1996 (Pub. L. 104–121),                of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                        we want to assist small entities in                    Federal agencies to assess the effects of
                                                V. Regulatory Analyses                                  understanding this rule. If the rule                   their discretionary regulatory actions. In
                                                  We developed this rule after                          would affect your small business,                      particular, the Act addresses actions
                                                considering numerous statutes and                       organization, or governmental                          that may result in the expenditure by a
                                                Executive orders related to rulemaking.                 jurisdiction and you have questions                    State, local, or tribal government, in the
                                                Below we summarize our analyses                         concerning its provisions or options for               aggregate, or by the private sector of
                                                based on a number of these statutes and                 compliance, please contact the person                  $100,000,000 (adjusted for inflation) or
                                                Executive orders, and we discuss First                  listed in the FOR FURTHER INFORMATION                  more in any one year. Though this rule
                                                Amendment rights of protestors.                         CONTACT section.                                       will not result in such an expenditure,
                                                                                                           Small businesses may send comments                  we do discuss the effects of this rule
                                                A. Regulatory Planning and Review                       on the actions of Federal employees                    elsewhere in this preamble.
                                                   Executive Orders 12866 and 13563                     who enforce, or otherwise determine
                                                direct agencies to assess the costs and                 compliance with, Federal regulations to                F. Environment
jstallworth on DSK7TPTVN1PROD with RULES




                                                benefits of available regulatory                        the Small Business and Agriculture                       We have analyzed this rule under
                                                alternatives and, if regulation is                      Regulatory Enforcement Ombudsman                       Department of Homeland Security
                                                necessary, to select regulatory                         and the Regional Small Business                        Management Directive 023–01 and
                                                approaches that maximize net benefits.                  Regulatory Fairness Boards. The                        Commandant Instruction M16475.lD,
                                                Executive Order 13563 emphasizes the                    Ombudsman evaluates these actions                      which guide the Coast Guard in
                                                importance of quantifying both costs                    annually and rates each agency’s                       complying with the National
                                                and benefits, of reducing costs, of                     responsiveness to small business. If you               Environmental Policy Act of 1969


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                                                                      Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations                                         26751

                                                (42 U.S.C. 4321–4370f), and have                        Chincoteague Channel within 60 yards                   benefits to specifically permit additional
                                                determined that this action is one of a                 of the fireworks display located near the              delegations of authority within the
                                                category of actions that do not                         shoreline at a point on land at                        Office of the General Counsel (OGC),
                                                individually or cumulatively have a                     approximate position latitude 37°55′41″                update the titles of certain individuals
                                                significant effect on the human                         N., longitude 075°23′09″ W. (NAD                       and offices in OGC, and make a minor
                                                environment. This rule involves a safety                1983).                                                 procedural clarification. These
                                                zone lasting less than 15 minutes that                     (c) Regulations. (1) All persons are                amendments are necessary to allow
                                                will prohibit entry within 60 yards of a                required to comply with the general                    OGC to streamline the procedures
                                                point on land immediately adjacent to                   regulations governing safety zones in                  related to representation of claimants
                                                navigable waters located at latitude                    § 165.23.                                              and to ensure correct titles of certain
                                                37°55′41″ N., longitude 075°23′09″ W.                      (2) With the exception of participants,             individuals and offices in OGC are
                                                This action is categorically excluded                   entry into or remaining in this safety                 reflected in the regulations. In addition,
                                                from further review under paragraph                     zone is prohibited unless authorized by                a procedural clarification is being made
                                                34(g) of Figure 2–1 of the Commandant                   the Captain of the Port, Hampton Roads                 by adding a sentence that was
                                                Instruction. A Record of Environmental                  or his designated representatives. All                 inadvertently omitted from a previous
                                                Consideration supporting this                           vessels underway within this safety                    final rule.
                                                determination is available in the docket                zone at the time it is implemented are                 DATES: Effective Date: This rule is
                                                where indicated under ADDRESSES. We                     to depart the zone immediately.                        effective June 9, 2017.
                                                request any comments or information                        (3) The Captain of the Port, Hampton
                                                                                                        Roads or his representative can be                     FOR FURTHER INFORMATION CONTACT:
                                                that may lead to the discovery of a
                                                significant environmental impact from                   contacted at telephone number (757)                    Jonathan Taylor, Benefits Law Group
                                                this rule.                                              668–5555. The Coast Guard and                          Staff Attorney, Office of the General
                                                                                                        designated security vessels enforcing                  Counsel (022), Department of Veterans
                                                G. Protest Activities                                                                                          Affairs, 810 Vermont Avenue NW.,
                                                                                                        the safety zone can be contacted on
                                                  The Coast Guard respects the First                    VHF–FM marine band radio channel 13                    Washington, DC 20420, (202) 461–7699
                                                Amendment rights of protesters.                         (165.65 Mhz) and channel 16 (156.8                     (this is not a toll-free telephone
                                                Protesters are asked to contact the                     Mhz).                                                  number.)
                                                person listed in the FOR FURTHER                           (4) This section applies to all persons             SUPPLEMENTARY INFORMATION:     VA OGC
                                                INFORMATION CONTACT section to                          or vessels wishing to transit through the              is streamlining its procedures related to
                                                coordinate protest activities so that your              safety zone except participants and                    representation of VA claimants because
                                                message can be received without                         vessels that are engaged in the following              of increased and higher-than-anticipated
                                                jeopardizing the safety or security of                  operations:                                            workload. This document amends 38
                                                people, places or vessels.                                 (i) Enforcing laws;                                 CFR part 14 to specifically permit
                                                List of Subjects in 33 CFR Part 165                        (ii) Servicing aids to navigation, and              additional delegations of authority and
                                                                                                           (iii) Emergency response vessels.                   to update titles of OGC positions to
                                                  Harbors, Marine safety, Navigation                       (5) The U.S. Coast Guard may be                     reflect the current organization of OGC.
                                                (water), Reporting and recordkeeping                    assisted in the patrol and enforcement                    Under 38 U.S.C. chapter 59, the VA
                                                requirements, Security measures,                        of the safety zone by Federal, State, and              Secretary has authority to recognize
                                                Waterways.                                              local agencies.                                        attorneys, agents, and Veterans Service
                                                  For the reasons discussed in the                         (d) Enforcement period. This section                Organization (VSO) representatives for
                                                preamble, the Coast Guard amends 33                     will be enforced from 9:30 p.m. through                the preparation, presentation, and
                                                CFR part 165 as follows:                                10:30 p.m. on July 1, 2017, or on July                 prosecution of benefit claims; regulate
                                                                                                        8, 2017, if weather renders the primary                fees charged by accredited attorneys and
                                                PART 165—REGULATED NAVIGATION                           date unsuitable.
                                                AREAS AND LIMITED ACCESS AREAS                                                                                 agents; and prescribe the rules of
                                                                                                          Dated: June 5, 2017.                                 conduct applicable while providing
                                                ■ 1. The authority citation for part 165                Richard J. Wester,                                     claims assistance. In December 2006,
                                                continues to read as follows:                           Captain, U.S. Coast Guard, Captain of the              Congress enacted the Veterans Benefits,
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             Port, Hampton Road.                                    Health Care, and Information
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;                   [FR Doc. 2017–11989 Filed 6–8–17; 8:45 am]             Technology Act of 2006 (Pub. L. 109–
                                                Department of Homeland Security Delegation              BILLING CODE 9110–04–P
                                                                                                                                                               461), which significantly amended
                                                No. 0170.1.                                                                                                    chapter 59. Section 101 of the Act
                                                ■ 2. Add § 165.T05–0248 to read as                                                                             required VA to: (1) Regulate the
                                                follows:                                                DEPARTMENT OF VETERANS                                 qualifications and standards of conduct
                                                                                                        AFFAIRS                                                applicable to accredited attorneys and
                                                § 165.T05–0248 Safety Zone, Chincoteague                                                                       agents; (2) annually collect information
                                                Channel; Chincoteague Islands, VA.                      38 CFR Part 14                                         about accredited attorneys’ and agents’
                                                  (a) Definitions. For the purposes of                                                                         standing to practice or appear before
                                                this section, Captain of the Port means                 RIN 2900–AP96                                          any court, bar, or Federal or State
                                                the Commander, Sector Hampton Roads.                                                                           agency; (3) proscribe accreditation of
                                                                                                        Expanded Delegation Authority for
                                                Representative means any Coast Guard                                                                           individuals who have been suspended
                                                                                                        Procedures Related to Representation
                                                commissioned, warrant or petty officer                                                                         or disbarred from any such entity
                                                                                                        of Claimants
jstallworth on DSK7TPTVN1PROD with RULES




                                                who has been authorized to act on the                                                                          without reinstatement; (4) add to the list
                                                behalf of the Captain of the Port.                      AGENCY:    Department of Veterans Affairs.             of grounds for suspension or exclusion
                                                Participants mean individuals and                       ACTION:   Final rule.                                  of attorneys or agents from further
                                                vessels involved in the fireworks                                                                              practice before VA; and (5) subject VSO
                                                display.                                                SUMMARY:  The Department of Veterans                   representatives and individuals
                                                  (b) Locations. The following area is a                Affairs (VA) is amending its regulations               recognized for a particular claim to
                                                safety zone: All navigable waters of                    on representation of claimants for VA                  suspension and exclusion from further


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Document Created: 2017-06-09 01:11:42
Document Modified: 2017-06-09 01:11:42
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 from 9:30 p.m. through 10:30 p.m. on July 1, 2017, or on July 8, 2017, if weather renders the primary date unsuitable.
ContactIf you have questions on this rule, call or email LCDR Barbara Wilk, Waterways Management Division Chief, Sector Hampton Roads, U.S. Coast Guard, telephone 757-668-5580, email [email protected]
FR Citation82 FR 26749 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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