82_FR_35282 82 FR 35138 - Safety Zone; Huntington Beach Airshow, Huntington Beach, California

82 FR 35138 - Safety Zone; Huntington Beach Airshow, Huntington Beach, California

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 144 (July 28, 2017)

Page Range35138-35140
FR Document2017-15945

The U.S. Coast Guard proposes establishing a safety zone offshore of Huntington Beach, CA, in support of the Huntington Beach Airshow. This action is necessary to provide for the safety of life on these navigable waters in the area of the aerobatic zone during the performance. This proposed rulemaking would prohibit persons and vessels from entering into, transiting through, or remaining within the designated area unless specifically authorized by the Captain of the Port, Los Angeles-Long Beach, or her designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 144 (Friday, July 28, 2017)
[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Proposed Rules]
[Pages 35138-35140]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15945]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0414]
RIN 1625-AA00


Safety Zone; Huntington Beach Airshow, Huntington Beach, 
California

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The U.S. Coast Guard proposes establishing a safety zone 
offshore of Huntington Beach, CA, in support of the Huntington Beach 
Airshow. This action is necessary to provide for the safety of life on 
these navigable waters in the area of the aerobatic zone during the 
performance. This proposed rulemaking would prohibit persons and 
vessels from entering into, transiting through, or remaining within the 
designated area unless specifically authorized by the Captain of the 
Port, Los Angeles-Long Beach, or her designated representative. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 21, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0414 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email BMC James Morgia, Waterways 
Management, U.S. Coast Guard Sector Los Angeles-Long Beach; telephone 
(310) 521-3860, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
LLNR Light List Number
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The City of Huntington Beach and Air Support LLC notified the Coast 
Guard that it will be conducting an annual four-day Air Show in the 
vicinity of the Huntington Beach Pier in September and October. Hazards 
associated with navigation safety may arise due to multiple low flying 
aircrafts flight paths and stunt performances over the waters off 
Huntington Beach. The Captain of the Port Los Angeles-Long Beach has 
determined that potential hazards associated with the Air Show 
performance would be a safety concern for anyone in the vicinity of the 
Air Show aerobatic performance area.
    The purpose of this rulemaking is to ensure the safety of persons 
or vessels that operate on and in the vicinity of the aerobatic 
performance. The Coast Guard proposes this rulemaking under the 
authority of 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone that would be enforced 
for a period of four days in September and October each year. The 
safety zone would encompass all navigable waters from the surface to 
the sea floor consisting of a line connecting the following 
coordinates: 33[deg]38.378' N., 117[deg]58.833' W.; 33[deg]37.972' N., 
117[deg]59.200' W.; 33[deg]39.177' N., 118[deg]01.121' W.; and 
33[deg]39.583' N., 118[deg]00.753' W.. All coordinates displayed are 
referenced by North American Datum of 1983, World Geodetic System, 
1984. During the enforcement period, vessels would be prohibited from 
entering into, transiting through, or remaining within the designated 
area unless authorized by the Captain of the Port or her designated 
representative. General boating public would be notified prior to the 
enforcement of the safety zone via Broadcast Notice to Mariners. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders (E.O.s) related to rulemaking. Below we summarize 
our analyses based on a number of these statutes and E.O.s, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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 13771, directs agencies to control regulatory costs 
through a budgeting process.'' This NPRM has not been designated a 
``significant regulatory action'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget (OMB), and pursuant to OMB guidance, it is exempt from the 
requirements of E.O. 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Vessel traffic would be able 
to safely transit around this safety zone, which would impact a small 
designated area of the Huntington Beach shoreline in the vicinity of 
the Huntington Beach Pier. The size of the zone is the minimum 
necessary to provide adequate protection for the waterways users, 
adjoining areas, and the public. Any hardships experienced by persons 
or vessels are considered minimal

[[Page 35139]]

compared to the interest in protecting the public.

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 
IV.A above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This 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 E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 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 proposed 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 proposed rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 
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 proposed rule involves a safety zone encompassing an 
area of the Air show aerobatic performance box over a 4 day period 
lasting 8 hours per day. This proposed rule is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of Commandant 
Instruction M16475.lD. A Record of Environmental Consideration 
supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5;

[[Page 35140]]

Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.1109 to read as follows:


Sec.  165.1109  Safety Zone; Huntington Beach Airshow, Huntington 
Beach, California.

    (a) Location. The following area is a safety zone: All navigable 
waters from the surface to the sea floor consisting of a line 
connecting the following coordinates: 33[deg]38.378' N., 
117[deg]58.833' W.; 33[deg]37.972' N., 117[deg]59.200' W.; 
33[deg]39.177' N., 118[deg]01.121' W.; and 33[deg]39.583' N., 
118[deg]00.753' W. All coordinates displayed are referenced by North 
American Datum of 1983, World Geodetic System, 1984.
    (b) Definitions. For the purposes of this section:
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port Los Angeles-Long 
Beach (COTP) in the enforcement of the safety zone.
    (c) Regulations.
    (1) Under the general safety zone regulations in subpart C of this 
part, you may not enter the safety zone described in paragraph (a) of 
this section unless authorized by the COTP or the COTP's designated 
representative.
    (2) To seek permission to enter, hail Coast Guard Sector Los 
Angeles-Long Beach on VHF-FM Channel 16 or call at (310) 521-3801. 
Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period. The safety zone will be enforced during 
airshow demonstrations for 4 days in September and October. The Coast 
Guard will provide notice regarding specific event dates and times, 
which will be published in the local notice to mariners at least 20 
days prior to the event via Broadcast Notice to Mariners.

     Dated: July 21, 2017.
Monica L. Rochester,
Captain, U.S. Coast Guard, Acting Captain of the Port, Los Angeles-Long 
Beach.
[FR Doc. 2017-15945 Filed 7-27-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                      35138                      Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Proposed Rules

                                                         (b) Definitions. For the purposes of                  navigable waters in the area of the                   III. Discussion of Proposed Rule
                                                      this section:                                            aerobatic zone during the performance.                   The COTP proposes to establish a
                                                         Designated representative means a                     This proposed rulemaking would                        safety zone that would be enforced for
                                                      Coast Guard Patrol Commander,                            prohibit persons and vessels from                     a period of four days in September and
                                                      including a Coast Guard coxswain, petty                  entering into, transiting through, or                 October each year. The safety zone
                                                      officer, or other officer operating a Coast              remaining within the designated area                  would encompass all navigable waters
                                                      Guard vessel and a Federal, State, and                   unless specifically authorized by the                 from the surface to the sea floor
                                                      local officer designated by or assisting                 Captain of the Port, Los Angeles-Long                 consisting of a line connecting the
                                                      the Captain of the Port Los Angeles-                     Beach, or her designated representative.              following coordinates: 33°38.378′ N.,
                                                      Long Beach(COTP) in the enforcement                      We invite your comments on this                       117°58.833′ W.; 33°37.972′ N.,
                                                      of the security zone.                                    proposed rulemaking.                                  117°59.200′ W.; 33°39.177′ N.,
                                                         (c) Regulations. (1) Under the general                DATES: Comments and related material                  118°01.121′ W.; and 33°39.583′ N.,
                                                      security zone regulations in subpart D of                must be received by the Coast Guard on                118°00.753′ W.. All coordinates
                                                      this part, you may not enter the security                or before August 21, 2017.                            displayed are referenced by North
                                                      zone described in paragraph (a) of this
                                                                                                               ADDRESSES: You may submit comments                    American Datum of 1983, World
                                                      section unless authorized by the COTP
                                                                                                               identified by docket number USCG–                     Geodetic System, 1984. During the
                                                      or the COTP’s designated representative.
                                                                                                               2017–0414 using the Federal                           enforcement period, vessels would be
                                                         (2) To seek permission to enter, hail
                                                                                                               eRulemaking Portal at http://                         prohibited from entering into, transiting
                                                      Coast Guard Sector Los Angeles-Long
                                                                                                               www.regulations.gov. See the ‘‘Public                 through, or remaining within the
                                                      Beach on VHF–FM Channel 16 or call
                                                                                                               Participation and Request for                         designated area unless authorized by the
                                                      at (310) 521–3801. Those in the security
                                                                                                               Comments’’ portion of the                             Captain of the Port or her designated
                                                      zone must comply with all lawful orders
                                                                                                               SUPPLEMENTARY INFORMATION section for                 representative. General boating public
                                                      or directions given to them by the COTP
                                                                                                               further instructions on submitting                    would be notified prior to the
                                                      or the COTP’s designated representative.
                                                                                                               comments.                                             enforcement of the safety zone via
                                                         (d) Enforcement period. The security
                                                                                                                                                                     Broadcast Notice to Mariners. The
                                                      zone will be enforced annually for a                     FOR FURTHER INFORMATION CONTACT:   If
                                                                                                                                                                     regulatory text we are proposing appears
                                                      period of seven days around the Labor                    you have questions about this proposed
                                                                                                                                                                     at the end of this document.
                                                      Day holiday weekend in August and                        rulemaking, call or email BMC James
                                                      September. During the enforcement                        Morgia, Waterways Management, U.S.                    IV. Regulatory Analyses
                                                      period, vessels are prohibited from                      Coast Guard Sector Los Angeles-Long                     We developed this proposed rule after
                                                      entering into, transiting through, or                    Beach; telephone (310) 521–3860, email                considering numerous statutes and
                                                      remaining within the designated area                     James.M.Morgia@uscg.mil.                              executive orders (E.O.s) related to
                                                      unless authorized by the Captain of the                  SUPPLEMENTARY INFORMATION:                            rulemaking. Below we summarize our
                                                      Port or her designated representative.                                                                         analyses based on a number of these
                                                      The Coast Guard will publish a local                     I. Table of Abbreviations
                                                                                                                                                                     statutes and E.O.s, and we discuss First
                                                      notice to mariners providing exact dates                 CFR Code of Federal Regulations                       Amendment rights of protestors.
                                                      and times at least 20 days prior to the                  DHS Department of Homeland Security
                                                      enforcement of the security zone via                     E.O. Executive order                                  A. Regulatory Planning and Review
                                                      Broadcast Notice to Mariners.                            FR Federal Register
                                                                                                               LLNR Light List Number
                                                                                                                                                                        E.O.s 12866 and 13563 direct agencies
                                                         Dated: July 21, 2017.                                 NPRM Notice of proposed rulemaking                    to assess the costs and benefits of
                                                      Monica L. Rochester,                                     Pub. L. Public Law                                    available regulatory alternatives and, if
                                                      Captain, U.S. Coast Guard, Acting Captain                § Section                                             regulation is necessary, to select
                                                      of the Port, Los Angeles—Long Beach.                     U.S.C. United States Code                             regulatory approaches that maximize
                                                      [FR Doc. 2017–15946 Filed 7–27–17; 8:45 am]                                                                    net benefits. Executive Order 13771,
                                                                                                               II. Background Information and
                                                      BILLING CODE 9110–04–P                                                                                         directs agencies to control regulatory
                                                                                                               Regulatory History
                                                                                                                                                                     costs through a budgeting process.’’ This
                                                                                                                 The City of Huntington Beach and Air                NPRM has not been designated a
                                                      DEPARTMENT OF HOMELAND                                   Support LLC notified the Coast Guard                  ‘‘significant regulatory action’’ under
                                                      SECURITY                                                 that it will be conducting an annual                  Executive Order 12866. Accordingly,
                                                                                                               four-day Air Show in the vicinity of the              the NPRM has not been reviewed by the
                                                      Coast Guard                                              Huntington Beach Pier in September                    Office of Management and Budget
                                                                                                               and October. Hazards associated with                  (OMB), and pursuant to OMB guidance,
                                                      33 CFR Part 165                                          navigation safety may arise due to                    it is exempt from the requirements of
                                                      [Docket Number USCG–2017–0414]                           multiple low flying aircrafts flight paths            E.O. 13771.
                                                                                                               and stunt performances over the waters                   This regulatory action determination
                                                      RIN 1625–AA00                                            off Huntington Beach. The Captain of                  is based on the size, location, and
                                                                                                               the Port Los Angeles-Long Beach has                   duration of the safety zone. Vessel
                                                      Safety Zone; Huntington Beach                            determined that potential hazards                     traffic would be able to safely transit
                                                      Airshow, Huntington Beach, California                    associated with the Air Show                          around this safety zone, which would
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      AGENCY:   Coast Guard, DHS.                              performance would be a safety concern                 impact a small designated area of the
                                                      ACTION:   Notice of proposed rulemaking.                 for anyone in the vicinity of the Air                 Huntington Beach shoreline in the
                                                                                                               Show aerobatic performance area.                      vicinity of the Huntington Beach Pier.
                                                      SUMMARY:   The U.S. Coast Guard                            The purpose of this rulemaking is to                The size of the zone is the minimum
                                                      proposes establishing a safety zone                      ensure the safety of persons or vessels               necessary to provide adequate
                                                      offshore of Huntington Beach, CA, in                     that operate on and in the vicinity of the            protection for the waterways users,
                                                      support of the Huntington Beach                          aerobatic performance. The Coast Guard                adjoining areas, and the public. Any
                                                      Airshow. This action is necessary to                     proposes this rulemaking under the                    hardships experienced by persons or
                                                      provide for the safety of life on these                  authority of 33 U.S.C. 1231.                          vessels are considered minimal


                                                 VerDate Sep<11>2014   18:10 Jul 27, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4702   Sfmt 4702   E:\FR\FM\28JYP1.SGM   28JYP1


                                                                                 Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Proposed Rules                                             35139

                                                      compared to the interest in protecting                   have determined that it is consistent                 G. Protest Activities
                                                      the public.                                              with the fundamental federalism                         The Coast Guard respects the First
                                                                                                               principles and preemption requirements                Amendment rights of protesters.
                                                      B. Impact on Small Entities
                                                                                                               described in E.O. 13132.                              Protesters are asked to contact the
                                                         The Regulatory Flexibility Act of
                                                                                                                  Also, this proposed rule does not have             person listed in the FOR FURTHER
                                                      1980, 5 U.S.C. 601–612, as amended,
                                                                                                               tribal implications under E.O. 13175,                 INFORMATION CONTACT section to
                                                      requires Federal agencies to consider
                                                                                                               Consultation and Coordination with                    coordinate protest activities so that your
                                                      the potential impact of regulations on                                                                         message can be received without
                                                      small entities during rulemaking. The                    Indian Tribal Governments, because it
                                                                                                               does not have a substantial direct effect             jeopardizing the safety or security of
                                                      term ‘‘small entities’’ comprises small                                                                        people, places or vessels.
                                                      businesses, not-for-profit organizations                 on one or more Indian tribes, on the
                                                      that are independently owned and                         relationship between the Federal                      V. Public Participation and Request for
                                                      operated and are not dominant in their                   Government and Indian tribes, or on the               Comments
                                                      fields, and governmental jurisdictions                   distribution of power and
                                                                                                               responsibilities between the Federal                     We view public participation as
                                                      with populations of less than 50,000.                                                                          essential to effective rulemaking, and
                                                      The Coast Guard certifies under 5 U.S.C.                 Government and Indian tribes. If you
                                                                                                               believe this proposed rule has                        will consider all comments and material
                                                      605(b) that this rule will not have a                                                                          received during the comment period.
                                                      significant economic impact on a                         implications for federalism or Indian
                                                                                                                                                                     Your comment can help shape the
                                                      substantial number of small entities.                    tribes, please contact the person listed
                                                                                                                                                                     outcome of this rulemaking. If you
                                                         While some owners or operators of                     in the FOR FURTHER INFORMATION
                                                                                                                                                                     submit a comment, please include the
                                                      vessels intending to transit the safety                  CONTACT section above.
                                                                                                                                                                     docket number for this rulemaking,
                                                      zone may be small entities, for the                      E. Unfunded Mandates Reform Act                       indicate the specific section of this
                                                      reasons stated in section IV.A above,                                                                          document to which each comment
                                                      this rule will not have a significant                      The Unfunded Mandates Reform Act                    applies, and provide a reason for each
                                                      economic impact on any vessel owner                      of 1995 (2 U.S.C. 1531–1538) requires                 suggestion or recommendation.
                                                      or operator.                                             Federal agencies to assess the effects of                We encourage you to submit
                                                         If you think that your business,                      their discretionary regulatory actions. In            comments through the Federal
                                                      organization, or governmental                            particular, the Act addresses actions                 eRulemaking Portal at http://
                                                      jurisdiction qualifies as a small entity                 that may result in the expenditure by a               www.regulations.gov. If your material
                                                      and that this rule would have a                          State, local, or tribal government, in the            cannot be submitted using http://
                                                      significant economic impact on it,                       aggregate, or by the private sector of                www.regulations.gov, contact the person
                                                      please submit a comment (see                             $100,000,000 (adjusted for inflation) or              in the FOR FURTHER INFORMATION
                                                      ADDRESSES) explaining why you think it                   more in any one year. Though this rule                CONTACT section of this document for
                                                      qualifies and how and to what degree                     will not result in such an expenditure,               alternate instructions.
                                                      this rule would economically affect it.                  we do discuss the effects of this                        We accept anonymous comments. All
                                                         Under section 213(a) of the Small                     proposed rule elsewhere in this                       comments received will be posted
                                                      Business Regulatory Enforcement                          preamble.                                             without change to http://
                                                      Fairness Act of 1996 (Pub. L. 104–121),                                                                        www.regulations.gov and will include
                                                      we want to assist small entities in                      F. Environment                                        any personal information you have
                                                      understanding this rule. If the rule                                                                           provided. For more about privacy and
                                                      would affect your small business,                          We have analyzed this proposed rule
                                                                                                                                                                     the docket, visit http://
                                                      organization, or governmental                            under Department of Homeland
                                                                                                                                                                     www.regulations.gov/privacyNotice.
                                                      jurisdiction and you have questions                      Security Management Directive 023–01                     Documents mentioned in this NPRM
                                                      concerning its provisions or options for                 and Commandant Instruction                            as being available in the docket, and all
                                                      compliance, please contact the person                    M16475.lD, which guide the Coast                      public comments, will be in our online
                                                      listed in the FOR FURTHER INFORMATION                    Guard in complying with the National                  docket at http://www.regulations.gov
                                                      CONTACT section. The Coast Guard will
                                                                                                               Environmental Policy Act of 1969 (42                  and can be viewed by following that
                                                      not retaliate against small entities that                U.S.C. 4321–4370f), and have                          Web site’s instructions. Additionally, if
                                                      question or complain about this                          determined that this action is one of a               you go to the online docket and sign up
                                                      proposed rule or any policy or action of                 category of actions that do not                       for email alerts, you will be notified
                                                      the Coast Guard.                                         individually or cumulatively have a                   when comments are posted or a final
                                                                                                               significant effect on the human                       rule is published.
                                                      C. Collection of Information                             environment. This proposed rule
                                                        This rule will not call for a new                      involves a safety zone encompassing an                List of Subjects in 33 CFR Part 165
                                                      collection of information under the                      area of the Air show aerobatic                          Harbors, Marine safety, Navigation
                                                      Paperwork Reduction Act of 1995 (44                      performance box over a 4 day period                   (water), Reporting and recordkeeping
                                                      U.S.C. 3501–3520).                                       lasting 8 hours per day. This proposed                requirements, Security measures,
                                                                                                               rule is categorically excluded from                   Waterways.
                                                      D. Federalism and Indian Tribal                          further review under paragraph 34(g) of
                                                      Governments                                                                                                      For the reasons discussed in the
                                                                                                               Figure 2–1 of Commandant Instruction
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                                                                                                                                     preamble, the Coast Guard proposes to
                                                         A rule has implications for federalism                M16475.lD. A Record of Environmental                  amend 33 CFR part 165 as follows:
                                                      under E.O. 13132, Federalism, if it has                  Consideration supporting this
                                                      a substantial direct effect on the States,               determination and a Categorical                       PART 165—REGULATED NAVIGATION
                                                      on the relationship between the national                 Exclusion Determination are available                 AREAS AND LIMITED ACCESS AREAS
                                                      government and the States, or on the                     in the docket where indicated under
                                                      distribution of power and                                ADDRESSES. We seek any comments or                    ■ 1. The authority citation for part 165
                                                      responsibilities among the various                       information that may lead to the                      continues to read as follows:
                                                      levels of government. We have analyzed                   discovery of a significant environmental                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                      this proposed rule under that Order and                  impact from this proposed rule.                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;



                                                 VerDate Sep<11>2014   18:10 Jul 27, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4702   Sfmt 4702   E:\FR\FM\28JYP1.SGM   28JYP1


                                                      35140                      Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Proposed Rules

                                                      Department of Homeland Security Delegation               DEPARTMENT OF VETERANS                                SUPPLEMENTARY INFORMATION:     As part of
                                                      No. 0170.1.                                              AFFAIRS                                               the Department of Veterans Affairs’ (VA)
                                                                                                                                                                     ongoing revision of the Schedule for
                                                      ■   2. Add § 165.1109 to read as follows:                38 CFR Part 4                                         Rating Disabilities (VASRD), VA
                                                      § 165.1109 Safety Zone; Huntington Beach                 RIN 2900–AP16                                         proposes changes to the portion of the
                                                      Airshow, Huntington Beach, California.                                                                         VASRD that addresses the genitourinary
                                                                                                               Schedule for Rating Disabilities; The                 system, which was last revised in 1994.
                                                         (a) Location. The following area is a                 Genitourinary Diseases and                            See 59 FR 2523 (Jan. 18, 1994); see also
                                                      safety zone: All navigable waters from                   Conditions                                            59 FR 46338 (Sep. 8, 1994). Through
                                                      the surface to the sea floor consisting of                                                                     this revision, VA aims to eliminate
                                                      a line connecting the following                          AGENCY:    Department of Veterans Affairs.            ambiguities, include medical conditions
                                                      coordinates: 33°38.378′ N., 117°58.833′                  ACTION:   Proposed rule.                              not currently in the rating schedule,
                                                      W.; 33°37.972′ N., 117°59.200′ W.;                                                                             implement current, well-refined
                                                                                                               SUMMARY:   The Department of Veterans                 medical criteria, and update
                                                      33°39.177′ N., 118°01.121′ W.; and                       Affairs proposes to amend the portion of
                                                      33°39.583′ N., 118°00.753′ W. All                                                                              terminology to reflect the most recent
                                                                                                               the Schedule for Rating Disabilities that             medical advances.
                                                      coordinates displayed are referenced by                  addresses the genitourinary system. The
                                                      North American Datum of 1983, World                      purpose of this change is to update                   I. Proposed Changes to § 4.115
                                                      Geodetic System, 1984.                                   current medical terminology,                             Currently, 38 CFR 4.115 (‘‘Nephritis’’)
                                                         (b) Definitions. For the purposes of                  incorporate medical advances that have                does not adequately reflect current
                                                      this section:                                            occurred since the last review, and                   concepts of renal and urinary tract
                                                         Designated representative means a                     provide well-defined criteria in                      disease and conditions. Regardless of
                                                      Coast Guard Patrol Commander,                            accordance with actual, standard                      specific disease pathology, kidney
                                                                                                               medical clinical practice. The proposed               conditions generally produce the same
                                                      including a Coast Guard coxswain, petty
                                                                                                               rule reflects the most up-to-date medical             symptomatology and lead to the same
                                                      officer, or other officer operating a Coast
                                                                                                               knowledge and clinical practice of                    functional impairment. Therefore, for
                                                      Guard vessel and a Federal, State, and                   nephrology and urology specialties, as                rating purposes, analysis of pathology,
                                                      local officer designated by or assisting                 well as comments from subject matter                  such as is currently presented in the
                                                      the Captain of the Port Los Angeles-                     experts and the public garnered during                first three sentences of § 4.115, is
                                                      Long Beach (COTP) in the enforcement                     a public forum held January 27–28,                    unnecessary and VA proposes to remove
                                                      of the safety zone.                                      2011.                                                 this language.
                                                         (c) Regulations.                                      DATES: Comments must be received on                      However, VA proposes to retain the
                                                         (1) Under the general safety zone                     or before September 26, 2017.                         remainder of the language in § 4.115,
                                                      regulations in subpart C of this part, you               ADDRESSES: Written comments may be
                                                                                                                                                                     which addresses the assignment of
                                                      may not enter the safety zone described                  submitted through www.Regulations.                    ratings when both renal and
                                                      in paragraph (a) of this section unless                  gov; by mail or hand-delivery to                      cardiovascular conditions are present,
                                                                                                               Director, Regulation Policy and                       but replace the reference to ‘‘nephritis’’
                                                      authorized by the COTP or the COTP’s
                                                                                                               Management (00REG), Department of                     in the first sentence of the proposed
                                                      designated representative.
                                                                                                               Veterans Affairs, 810 Vermont Avenue                  revised section with ‘‘renal disease’’ to
                                                         (2) To seek permission to enter, hail                                                                       more accurately reflect the applicability
                                                                                                               NW., Room 1068, Washington, DC
                                                      Coast Guard Sector Los Angeles-Long                                                                            of the provision. VA proposes to retitle
                                                                                                               20420; or by fax to (202) 273–9026.
                                                      Beach on VHF–FM Channel 16 or call                                                                             this provision as ‘‘Co-existence of Renal
                                                                                                               Comments should indicate that they are
                                                      at (310) 521–3801. Those in the safety                   submitted in response to ‘‘RIN 2900–                  and Cardiovascular Conditions’’ to
                                                      zone must comply with all lawful orders                  AP16—Schedule for Rating Disabilities;                better address the amended content.
                                                      or directions given to them by the COTP                  The Genitourinary Diseases and                        II. Proposed Changes to § 4.115a
                                                      or the COTP’s designated representative.                 Conditions.’’ Copies of comments                         Under the current VASRD, diseases of
                                                         (d) Enforcement period. The safety                    received will be available for public                 the genitourinary system are listed at 38
                                                      zone will be enforced during airshow                     inspection in the Office of Regulation                CFR 4.115b with instructions directing
                                                      demonstrations for 4 days in September                   Policy and Management, Room 1063B,                    rating personnel to various rating
                                                      and October. The Coast Guard will                        between the hours of 8:00 a.m. and 4:30               criteria found at 38 CFR 4.115a, when
                                                      provide notice regarding specific event                  p.m., Monday through Friday (except                   appropriate. The rating criteria in
                                                      dates and times, which will be                           holidays). Please call (202) 461–4902 for             § 4.115a address impairment of the
                                                      published in the local notice to mariners                an appointment. (This is not a toll-free              genitourinary system, including renal
                                                      at least 20 days prior to the event via                  number.) In addition, during the                      dysfunction, voiding dysfunction, and
                                                      Broadcast Notice to Mariners.                            comment period, comments may be                       infections.
                                                                                                               viewed online through the Federal                        The introductory paragraph in
                                                         Dated: July 21, 2017.                                 Docket Management System at                           § 4.115a states that when the VASRD
                                                      Monica L. Rochester,                                     www.Regulations.gov.                                  refers a decision maker to these areas of
                                                      Captain, U.S. Coast Guard, Acting Captain                FOR FURTHER INFORMATION CONTACT:                      dysfunction, only the predominant area
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      of the Port, Los Angeles-Long Beach.                     Ioulia Vvedenskaya, M.D., M.B.A.,                     of disability will be considered for
                                                      [FR Doc. 2017–15945 Filed 7–27–17; 8:45 am]              Medical Officer, Part 4 VASRD                         rating purposes. VA proposes clarifying
                                                      BILLING CODE 9110–04–P                                   Regulations Staff (211C), Compensation                this statement by noting that distinct
                                                                                                               Service, Veterans Benefits                            disabilities may be assigned separate
                                                                                                               Administration, Department of Veterans                evaluations under this section, pursuant
                                                                                                               Affairs, 810 Vermont Avenue NW.,                      to the pyramiding provisions in § 4.14.
                                                                                                               Washington, DC 20420, (202) 461–9752.                 This statement is intended to reflect that
                                                                                                               (This is not a toll-free telephone                    when a particular diagnostic code refers
                                                                                                               number.)                                              to multiple dysfunctions, only the


                                                 VerDate Sep<11>2014   18:10 Jul 27, 2017   Jkt 241001   PO 00000   Frm 00014   Fmt 4702   Sfmt 4702   E:\FR\FM\28JYP1.SGM   28JYP1



Document Created: 2017-07-28 03:09:47
Document Modified: 2017-07-28 03:09:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before August 21, 2017.
ContactIf you have questions about this proposed rulemaking, call or email BMC James Morgia, Waterways Management, U.S. Coast Guard Sector Los Angeles-Long Beach; telephone (310) 521-3860, email [email protected]
FR Citation82 FR 35138 
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