82_FR_26959 82 FR 26848 - Safety Zone; Mill Creek, Hampton, VA

82 FR 26848 - Safety Zone; Mill Creek, Hampton, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 111 (June 12, 2017)

Page Range26848-26850
FR Document2017-12083

The Coast Guard is establishing a temporary safety zone for navigable waters within a 170-yard radius of the fireworks barge in Mill Creek, Hampton, VA. The safety zone is needed to protect persons, vessels, and the marine environment from potential hazards associated with fireworks 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 111 (Monday, June 12, 2017)
[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Rules and Regulations]
[Pages 26848-26850]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12083]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0075]
RIN 1625-AA00


Safety Zone; Mill Creek, Hampton, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 170-yard radius of the fireworks barge in 
Mill Creek, Hampton, VA. The safety zone is needed to protect persons, 
vessels, and the marine environment from potential hazards associated 
with fireworks 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 p.m. through 10 p.m. on July 4, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0075 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 
HamptonRoadsWaterway@uscg.mil.

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 it would be impracticable and 
contrary to the public interest to do so as this safety zone must be 
established by July 4, 2017, to protect the public from potential 
safety hazards associated with the fireworks display.
    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 contrary to public interest because a safety 
zone is needed to

[[Page 26849]]

protect the public from the potential safety hazards associated with 
the fireworks display. This event is planned by the local community and 
accordingly, the public has received advanced notification of this 
upcoming event through media outlets and has had time to prepare.

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 (COTP) Hampton Roads has determined that 
potential hazards associated with fireworks displays starting July 4, 
2017 will be a safety concern for anyone within a 170-yard radius of 
fireworks display barge. This rule is needed to protect persons, 
vessels, and the marine environment on the navigable waters within the 
safety zone during the fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 p.m. through 10 p.m. on 
July 4, 2017. The safety zone will cover all navigable waters within 
170 yards of fireworks display barge in approximate position latitude 
37[deg]00'36'' N., longitude 076[deg]18'26'' W. (NAD 1983). The 
duration of the zone is intended to protect persons, vessels, and the 
marine environment on these navigable waters during the fireworks 
display. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the 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, 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 Mill Creek in Hampton, VA for one 
hour. Further, Mill Creek does not serve as a throughway for any 
waterborne transit. The Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 regarding the safety zone, the 
rule allows vessels to request permission from the COTP to enter the 
safety zone if deemed safe to do so.

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 (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 approximately one hour duration 
that will prohibit entry within

[[Page 26850]]

170 yard radius of fireworks display barge. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A preliminary Record of Environmental 
Consideration (REC) supporting this determination is available in the 
docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this 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.T05-0075 to read as follows:


Sec.  165.T05-0075   Safety Zone, Mill Creek; Hampton, 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 explosives 
training.
    (b) Locations. The following area is a safety zone: All waters of 
Mill Creek, within 170 yard radius of latitude 37[deg]00'36'' N., 
longitude 076[deg]18'26'' 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's implemented are to 
depart the zone immediately. The Captain of the Port, Hampton Roads or 
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).
    (3) This section applies to all persons or vessels that intent 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.
    (4) 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 p.m. 
through 10 p.m. on July 4, 2017.

    Dated: June 6, 2017.
Richard J. Wester,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Road.
[FR Doc. 2017-12083 Filed 6-9-17; 8:45 am]
 BILLING CODE 9110-04-P



                                             26848               Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Rules and Regulations

                                             aggregate, or by the private sector of                  means a Coast Guard Patrol                             navigable waters within a 170-yard
                                             $100,000,000 (adjusted for inflation) or                Commander, including a Coast Guard                     radius of the fireworks barge in Mill
                                             more in any one year. Though this rule                  petty officer, warrant or commissioned                 Creek, Hampton, VA. The safety zone is
                                             will not result in such an expenditure,                 officer operating on board a Coast Guard               needed to protect persons, vessels, and
                                             we do discuss the effects of this rule                  vessel and or on board another Federal,                the marine environment from potential
                                             elsewhere in this preamble.                             State, or local law enforcement vessel                 hazards associated with fireworks
                                                                                                     assisting the Captain of the Port,                     display. Entry of vessels or persons into
                                             F. Environment                                          Delaware Bay in the enforcement of the                 this zone is prohibited unless
                                               We have analyzed this rule under                      safety zone.                                           specifically authorized by the Captain of
                                             Department of Homeland Security                           (b) Location. The following area is a                the Port Hampton Roads.
                                             Management Directive 023–01 and                         security zone: All waters of Delaware                  DATES: This rule is effective from 9 p.m.
                                             Commandant Instruction M16475.lD,                       River, adjacent to Penns Landing,                      through 10 p.m. on July 4, 2017.
                                             which guide the Coast Guard in                          Philadelphia, PA, bounded from                         ADDRESSES: To view documents
                                             complying with the National                             shoreline to shoreline, bounded on the                 mentioned in this preamble as being
                                             Environmental Policy Act of 1969 (42                    south by a line running east to west                   available in the docket, go to http://
                                             U.S.C. 4321–4370f), and have                            from points along the shoreline                        www.regulations.gov, type USCG–2017–
                                             determined that it is one of a category                 commencing at latitude 39°56′31.2″ N.,                 0075 in the ‘‘SEARCH’’ box and click
                                             of actions that do not individually or                  longitude 075°08′28.1″ W.; thence                      ‘‘SEARCH.’’ Click on Open Docket
                                             cumulatively have a significant effect on               westward to latitude 39°56′29″.1 N.,                   Folder on the line associated with this
                                             the human environment. This rule                        longitude 075°07′56.5″ W., and bounded                 rule.
                                             adjusts rates in accordance with                        on the north by the Benjamin Franklin
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT: If
                                             applicable statutory and regulatory                     Bridge where it crosses the Delaware
                                                                                                                                                            you have questions on this rule, call or
                                             mandates. It is categorically excluded                  River.
                                                                                                                                                            email LCDR Barbara Wilk, Waterways
                                             under section 2.B.2, figure 2–1,                           (c) Regulations. (1) The general safety
                                                                                                                                                            Management Division Chief, Sector
                                             paragraph 34(g) of the Instruction,                     zone regulations found in § 165.23
                                                                                                                                                            Hampton Roads, U.S. Coast Guard;
                                             which pertains to minor regulatory                      apply to the safety zone created by this
                                                                                                                                                            telephone 757–668–5580, email
                                             changes that are editorial or procedural                temporary section.
                                                                                                        (2) Under the general safety zone                   HamptonRoadsWaterway@uscg.mil.
                                             in nature. A Record of Environmental                                                                           SUPPLEMENTARY INFORMATION:
                                             Consideration (REC) supporting this                     regulations in § 165.23, persons may not
                                             determination is available in the docket                enter the safety zone described in                     I. Table of Abbreviations
                                             where indicated in the ADDRESSES                        paragraph (b) of this section unless
                                                                                                     authorized by the COTP or the COTP’s                   CFR Code of Federal Regulations
                                             section of this preamble.                                                                                      DHS Department of Homeland Security
                                                                                                     designated representative.                             FR Federal Register
                                             G. Protest Activities                                      (3) To request permission to enter the              NPRM Notice of proposed rulemaking
                                               The Coast Guard respects the First                    safety zone, contact the COTP or the                   § Section
                                             Amendment rights of protesters.                         COTP’s representative on VHF–FM                        U.S.C. United States Code
                                             Protesters are asked to contact the                     channel 16. All persons and vessels in
                                                                                                     the safety zone must comply with all                   II. Background Information and
                                             person listed in the FOR FURTHER                                                                               Regulatory History
                                             INFORMATION CONTACT section to
                                                                                                     lawful orders or directions given to
                                             coordinate protest activities so that your              them by the COTP or the COTP’s                            The Coast Guard is issuing this
                                             message can be received without                         designated representative.                             temporary rule without prior notice and
                                                                                                        (d) Enforcement period. This section                opportunity to comment pursuant to
                                             jeopardizing the safety or security of
                                                                                                     will be enforced on June 12, 2017, and                 authority under section 4(a) of the
                                             people, places or vessels.
                                                                                                     June 13, 2017 from 8:45 p.m. to 10:30                  Administrative Procedure Act (APA) (5
                                             List of Subjects in 33 CFR Part 165                     p.m., each day.                                        U.S.C. 553(b)). This provision
                                               Harbors, Marine safety, Navigation                      Dated: June 6, 2017.                                 authorizes an agency to issue a rule
                                             (water), Reporting and recordkeeping                    Benjamin A. Cooper,                                    without prior notice and opportunity to
                                             requirements, Security measures,                        Captain, U.S. Coast Guard, Captain of the              comment when the agency for good
                                             Waterways.                                              Port, Delaware Bay.                                    cause finds that those procedures are
                                                                                                                                                            impracticable, unnecessary, or contrary
                                               For the reasons discussed in the                      [FR Doc. 2017–12093 Filed 6–9–17; 8:45 am]
                                                                                                                                                            to the public interest. Under 5 U.S.C.
                                             preamble, the Coast Guard amends 33                     BILLING CODE 9110–04–P
                                                                                                                                                            553(b)(B), the Coast Guard finds that
                                             CFR part 165 as follows:
                                                                                                                                                            good cause exists for not publishing a
                                             PART 165—REGULATED NAVIGATION                           DEPARTMENT OF HOMELAND                                 notice of proposed rulemaking (NPRM)
                                             AREAS AND LIMITED ACCESS AREAS                          SECURITY                                               with respect to this rule because it
                                                                                                                                                            would be impracticable and contrary to
                                             ■ 1. The authority citation for part 165                Coast Guard                                            the public interest to do so as this safety
                                             continues to read as follows:                                                                                  zone must be established by July 4,
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             33 CFR Part 165                                        2017, to protect the public from
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               [Docket Number USCG–2017–0075]
                                                                                                                                                            potential safety hazards associated with
                                             Department of Homeland Security Delegation                                                                     the fireworks display.
                                             No. 0170.1.                                             RIN 1625–AA00                                             We are issuing this rule, and under 5
pmangrum on DSK3GDR082PROD with RULES




                                             ■ 2. Add § 165.T05–0399 to read as                                                                             U.S.C. 553(d)(3), the Coast Guard finds
                                                                                                     Safety Zone; Mill Creek, Hampton, VA                   that good cause exists for making it
                                             follows:
                                                                                                     AGENCY:    Coast Guard, DHS.                           effective less than 30 days after
                                             § 165.T05–0399 Safety Zone; Delaware
                                                                                                     ACTION:   Temporary final rule.                        publication in the Federal Register.
                                             River; Philadelphia, PA.                                                                                       Delaying the effective date of this rule
                                               (a) Definitions. As used in this                      SUMMARY:   The Coast Guard is                          would be contrary to public interest
                                             section, designated representative                      establishing a temporary safety zone for               because a safety zone is needed to


                                        VerDate Sep<11>2014   15:07 Jun 09, 2017   Jkt 241001   PO 00000   Frm 00006   Fmt 4700   Sfmt 4700   E:\FR\FM\12JNR1.SGM   12JNR1


                                                                 Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Rules and Regulations                                          26849

                                             protect the public from the potential                   Vessel traffic will be able to safely                  C. Collection of Information
                                             safety hazards associated with the                      transit around this safety zone which                    This rule will not call for a new
                                             fireworks display. This event is planned                will impact a small designated area of                 collection of information under the
                                             by the local community and                              Mill Creek in Hampton, VA for one                      Paperwork Reduction Act of 1995 (44
                                             accordingly, the public has received                    hour. Further, Mill Creek does not serve               U.S.C. 3501–3520).
                                             advanced notification of this upcoming                  as a throughway for any waterborne
                                             event through media outlets and has                     transit. The Coast Guard will issue                    D. Federalism and Indian Tribal
                                             had time to prepare.                                    Broadcast Notice to Mariners via VHF–                  Governments
                                                                                                     FM marine channel 16 regarding the                        A rule has implications for federalism
                                             III. Legal Authority and Need for Rule
                                                                                                     safety zone, the rule allows vessels to                under Executive Order 13132,
                                                The Coast Guard is issuing this rule                 request permission from the COTP to                    Federalism, if it has a substantial direct
                                             under authority in 33 U.S.C. 1231. The                  enter the safety zone if deemed safe to                effect on the States, on the relationship
                                             Captain of the Port (COTP) Hampton                      do so.                                                 between the national government and
                                             Roads has determined that potential                                                                            the States, or on the distribution of
                                             hazards associated with fireworks                       B. Impact on Small Entities
                                                                                                                                                            power and responsibilities among the
                                             displays starting July 4, 2017 will be a                   The Regulatory Flexibility Act of                   various levels of government. We have
                                             safety concern for anyone within a 170-                 1980, 5 U.S.C. 601–612, as amended,                    analyzed this rule under that Order and
                                             yard radius of fireworks display barge.                 requires Federal agencies to consider                  have determined that it is consistent
                                             This rule is needed to protect persons,                 the potential impact of regulations on                 with the fundamental federalism
                                             vessels, and the marine environment on                  small entities during rulemaking. The                  principles and preemption requirements
                                             the navigable waters within the safety                  term ‘‘small entities’’ comprises small                described in Executive Order 13132.
                                             zone during the fireworks display.                      businesses, not-for-profit organizations                  Also, this rule does not have tribal
                                                                                                     that are independently owned and                       implications under Executive Order
                                             IV. Discussion of the Rule
                                                                                                     operated and are not dominant in their                 13175, Consultation and Coordination
                                                This rule establishes a safety zone                                                                         with Indian Tribal Governments,
                                             from 9 p.m. through 10 p.m. on July 4,                  fields, and governmental jurisdictions
                                                                                                     with populations of less than 50,000.                  because it does not have a substantial
                                             2017. The safety zone will cover all                                                                           direct effect on one or more Indian
                                             navigable waters within 170 yards of                    The Coast Guard certifies under 5 U.S.C.
                                                                                                     605(b) that this rule will not have a                  tribes, on the relationship between the
                                             fireworks display barge in approximate                                                                         Federal Government and Indian tribes,
                                             position latitude 37°00′36″ N., longitude               significant economic impact on a
                                                                                                     substantial number of small entities.                  or on the distribution of power and
                                             076°18′26″ W. (NAD 1983). The                                                                                  responsibilities between the Federal
                                             duration of the zone is intended to                        While some owners or operators of                   Government and Indian tribes. If you
                                             protect persons, vessels, and the marine                vessels intending to transit the safety                believe this rule has implications for
                                             environment on these navigable waters                   zone may be small entities, for the                    federalism or Indian tribes, please
                                             during the fireworks display. No vessel                 reasons stated in section V.A above, this              contact the person listed in the FOR
                                             or person will be permitted to enter the                rule will not have a significant                       FURTHER INFORMATION CONTACT section
                                             safety zone without obtaining                           economic impact on any vessel owner                    above.
                                             permission from the COTP or a                           or operator.
                                             designated representative.                                                                                     E. Unfunded Mandates Reform Act
                                                                                                        Under section 213(a) of the Small
                                                                                                     Business Regulatory Enforcement                          The Unfunded Mandates Reform Act
                                             V. Regulatory Analyses                                                                                         of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                     Fairness Act of 1996 (Pub. L. 104–121),
                                               We developed this rule after                          we want to assist small entities in                    Federal agencies to assess the effects of
                                             considering numerous statutes and                       understanding this rule. If the rule                   their discretionary regulatory actions. In
                                             Executive orders related to rulemaking.                 would affect your small business,                      particular, the Act addresses actions
                                             Below we summarize our analyses                         organization, or governmental                          that may result in the expenditure by a
                                             based on a number of these statutes and                 jurisdiction and you have questions                    State, local, or tribal government, in the
                                             Executive orders, and we discuss First                  concerning its provisions or options for               aggregate, or by the private sector of
                                             Amendment rights of protestors.                         compliance, please contact the person                  $100,000,000 (adjusted for inflation) or
                                                                                                     listed in the FOR FURTHER INFORMATION                  more in any one year. Though this rule
                                             A. Regulatory Planning and Review
                                                                                                                                                            will not result in such an expenditure,
                                                                                                     CONTACT section.
                                                Executive Orders 12866 and 13563                                                                            we do discuss the effects of this rule
                                             direct agencies to assess the costs and                    Small businesses may send comments                  elsewhere in this preamble.
                                             benefits of available regulatory                        on the actions of Federal employees
                                             alternatives and, if regulation is                      who enforce, or otherwise determine                    F. Environment
                                             necessary, to select regulatory                         compliance with, Federal regulations to                  We have analyzed this rule under
                                             approaches that maximize net benefits.                  the Small Business and Agriculture                     Department of Homeland Security
                                             Executive Order 13563 emphasizes the                    Regulatory Enforcement Ombudsman                       Management Directive 023–01 and
                                             importance of quantifying both costs                    and the Regional Small Business                        Commandant Instruction M16475.lD,
                                             and benefits, of reducing costs, of                     Regulatory Fairness Boards. The                        which guide the Coast Guard in
                                             harmonizing rules, and of promoting                     Ombudsman evaluates these actions                      complying with the National
                                             flexibility. This rule has not been                     annually and rates each agency’s                       Environmental Policy Act of 1969 (42
                                             designated a ‘‘significant regulatory                   responsiveness to small business. If you               U.S.C. 4321–4370f), and have
pmangrum on DSK3GDR082PROD with RULES




                                             action,’’ under Executive Order 12866.                  wish to comment on actions by                          determined that this action is one of a
                                             Accordingly, it has not been reviewed                   employees of the Coast Guard, call 1–                  category of actions that do not
                                             by the Office of Management and                         888–REG–FAIR (1–888–734–3247). The                     individually or cumulatively have a
                                             Budget.                                                 Coast Guard will not retaliate against                 significant effect on the human
                                                This regulatory action determination                 small entities that question or complain               environment. This rule involves a safety
                                             is based on the size, location, duration,               about this rule or any policy or action                zone lasting approximately one hour
                                             and time-of-year of the safety zone.                    of the Coast Guard.                                    duration that will prohibit entry within


                                        VerDate Sep<11>2014   15:07 Jun 09, 2017   Jkt 241001   PO 00000   Frm 00007   Fmt 4700   Sfmt 4700   E:\FR\FM\12JNR1.SGM   12JNR1


                                             26850               Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Rules and Regulations

                                             170 yard radius of fireworks display                    or his designated representatives. All                 copy of the actual test. In addition, the
                                             barge. It is categorically excluded from                vessels underway within this safety                    applicant must bring a copy of the
                                             further review under paragraph 34(g) of                 zone at the time it’s implemented are to               redacted version of the test, and a
                                             Figure 2–1 of the Commandant                            depart the zone immediately. The                       signed declaration confirming that this
                                             Instruction. A preliminary Record of                    Captain of the Port, Hampton Roads or                  copy is identical to the redacted copy
                                             Environmental Consideration (REC)                       representative can be contacted at                     that was uploaded to the electronic
                                             supporting this determination is                        telephone number (757) 668–5555. The                   registration system. If the Office
                                             available in the docket where indicated                 Coast Guard and designated security                    confirms that the work qualifies as a
                                             under ADDRESSES. We seek any                            vessels enforcing the safety zone can be               secure test, it will examine the test as a
                                             comments or information that may lead                   contacted on VHF–FM marine band                        whole to determine if it contains
                                             to the discovery of a significant                       radio channel 13 (165.65 MHz) and                      sufficient copyrightable authorship. If
                                             environmental impact from this rule.                    channel 16 (156.8 MHz).                                the Office registers the secure test, the
                                                                                                        (3) This section applies to all persons             registration will be effective as of the
                                             G. Protest Activities                                                                                          date that the Office received the
                                                                                                     or vessels that intent to transit through
                                               The Coast Guard respects the First                    the safety zone except participants and                application, filing fee, and the redacted
                                             Amendment rights of protesters.                         vessels that are engaged in the following              copy of the entire test in proper form
                                             Protesters are asked to contact the                     operations:                                            through the electronic registration
                                             person listed in the FOR FURTHER                           (i) Enforcing laws;                                 system. The Office welcomes public
                                             INFORMATION CONTACT section to                             (ii) Servicing aids to navigation, and              comment on the interim rule.
                                             coordinate protest activities so that your                 (iii) Emergency response vessels.                   DATES: Effective July 12, 2017.
                                             message can be received without                            (4) The U.S. Coast Guard may be                     Comments on the interim rule must be
                                             jeopardizing the safety or security of                  assisted in the patrol and enforcement                 made in writing and must be received
                                             people, places or vessels.                              of the safety zone by Federal, State, and              by the U.S. Copyright Office no later
                                             List of Subjects in 33 CFR Part 165                     local agencies.                                        than December 11, 2017.
                                                                                                        (d) Enforcement period. This section                ADDRESSES: For reasons of government
                                               Harbors, Marine safety, Navigation                    will be enforced from 9 p.m. through 10                efficiency, the Copyright Office is using
                                             (water), Reporting and recordkeeping                    p.m. on July 4, 2017.                                  the regulations.gov system for the
                                             requirements, Security measures,                                                                               submission and posting of public
                                                                                                       Dated: June 6, 2017.
                                             Waterways.                                                                                                     comments in this proceeding. All
                                                                                                     Richard J. Wester,
                                               For the reasons discussed in the                                                                             comments are therefore to be submitted
                                             preamble, the Coast Guard amends 33                     Captain, U.S. Coast Guard, Captain of the
                                                                                                     Port, Hampton Road.                                    electronically through regulations.gov.
                                             CFR part 165 as follows:                                                                                       Specific instructions for submitting
                                                                                                     [FR Doc. 2017–12083 Filed 6–9–17; 8:45 am]
                                                                                                                                                            comments are available on the
                                             PART 165—REGULATED NAVIGATION                           BILLING CODE 9110–04–P
                                                                                                                                                            Copyright Office Web site at http://
                                             AREAS AND LIMITED ACCESS AREAS                                                                                 copyright.gov/rulemaking/securetests/.
                                             ■ 1. The authority citation for part 165                                                                       If electronic submission of comments is
                                                                                                     LIBRARY OF CONGRESS                                    not feasible due to lack of access to a
                                             continues to read as follows:
                                                                                                                                                            computer and/or the internet, please
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             Copyright Office
                                                                                                                                                            contact the Office for special
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;                                                                          instructions using the contact
                                             Department of Homeland Security Delegation              37 CFR Parts 201 and 202                               information below.
                                             No. 0170.1.
                                                                                                     [Docket No. 2017–8]                                    FOR FURTHER INFORMATION CONTACT:
                                             ■ 2. Add § 165.T05–0075 to read as                                                                             Robert J. Kasunic, Associate Register of
                                             follows:                                                Secure Tests                                           Copyrights and Director of Registration
                                             § 165.T05–0075      Safety Zone, Mill Creek;            AGENCY:  U.S. Copyright Office, Library                Policy and Practice, Erik Bertin, Deputy
                                             Hampton, VA.                                            of Congress.                                           Director of Registration Policy and
                                               (a) Definitions. For the purposes of                                                                         Practice, or Abioye Mosheim, Attorney
                                                                                                     ACTION: Interim rule with request for
                                             this section, Captain of the Port means                                                                        Advisor, by telephone at 202–707–8040
                                                                                                     comments.                                              or by email at rkas@loc.gov,ebertin@
                                             the Commander, Sector Hampton Roads.
                                             Representative means any Coast Guard                    SUMMARY:   The U.S. Copyright Office is                loc.gov and abmo@loc.gov.
                                             commissioned, warrant or petty officer                  issuing an interim rule that                           SUPPLEMENTARY INFORMATION:
                                             who has been authorized to act on the                   memorializes its special procedure for                 I. Background
                                             behalf of the Captain of the Port.                      examining secure tests. The interim rule
                                             Participants mean individuals and                       also includes a new workflow that will                 A. The Current Regulation
                                             vessels involved in explosives training.                increase the efficiency of these                          Section 408(c)(1) of the Copyright Act
                                               (b) Locations. The following area is a                examinations. Going forward, applicants                authorizes the Register of Copyrights
                                             safety zone: All waters of Mill Creek,                  must submit an online application,                     (the ‘‘Register’’) to issue regulations
                                             within 170 yard radius of latitude                      upload a redacted copy of the entire test              establishing administrative classes for
                                             37°00′36″ N., longitude 076°18′26″ W.                   to the electronic registration system, and             the purpose of registering works with
                                             (NAD 1983).                                             complete and submit a brief                            the U.S. Copyright Office (the ‘‘Office’’).
                                               (c) Regulations. (1) All persons are                  questionnaire about the test. If the work              It authorizes the Register to issue
pmangrum on DSK3GDR082PROD with RULES




                                             required to comply with the general                     appears to be eligible for the secure test             regulations specifying the nature of the
                                             regulations governing safety zones in                   process, the Office will contact the                   copies or phonorecords required for
                                             § 165.23.                                               applicant and schedule an appointment                  each class. And it states that the Register
                                               (2) With the exception of participants,               to deliver the test to the Office in                   ‘‘may require or permit, for particular
                                             entry into or remaining in this safety                  person. On the appointed date, the                     classes, the deposit of identifying
                                             zone is prohibited unless authorized by                 applicant must bring a copy of the                     material instead of copies or
                                             the Captain of the Port, Hampton Roads                  application and a complete unredacted                  phonorecords.’’ 17 U.S.C. 408(c)(1).


                                        VerDate Sep<11>2014   15:07 Jun 09, 2017   Jkt 241001   PO 00000   Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\12JNR1.SGM   12JNR1



Document Created: 2017-06-10 01:40:31
Document Modified: 2017-06-10 01:40:31
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 p.m. through 10 p.m. on July 4, 2017.
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 26848 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR