82_FR_39695 82 FR 39535 - Safety Zone: PG&E Evolution, King Salmon, CA

82 FR 39535 - Safety Zone: PG&E Evolution, King Salmon, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 160 (August 21, 2017)

Page Range39535-39537
FR Document2017-17655

The Coast Guard is establishing a temporary safety zone in the navigable waters of Humboldt Bay in King Salmon, CA in support of the Pacific Gas and Electric Evolution that will be effective on August 2, 2017 and on August 30, 2017. This safety zone is established to ensure the safety of workers, mariners, and other vessels transiting the area from the dangers associated with this evolution. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative.

Federal Register, Volume 82 Issue 160 (Monday, August 21, 2017)
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Rules and Regulations]
[Pages 39535-39537]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17655]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0699]
RIN 1625-AA00


Safety Zone: PG&E Evolution, King Salmon, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of Humboldt Bay in King Salmon, CA in support of the 
Pacific Gas and Electric Evolution that will be effective on August 2, 
2017 and on August 30, 2017. This safety zone is established to ensure 
the safety of workers, mariners, and other vessels transiting the area 
from the dangers associated with this evolution. Unauthorized persons 
or vessels are prohibited from entering into, transiting through, or 
remaining in the safety zone without permission of the Captain of the 
Port or their designated representative.

DATES: This rule is effective without actual notice from August 21, 
2017 until August 30, 2017. For the purposes of enforcement, actual 
notice will be used from August 2, 2017, until August 21, 2017.
    This rule is being enforced from 8 a.m. to 4 p.m. on August 2, 2017 
and from 8 a.m. to 4 p.m. on August 30, 2017.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2017-0699. To view these documents go to http://www.regulations.gov, type the docket number in the ``SEARCH'' box and 
click ``SEARCH.'' Click on Open Docket Folder on the line associated 
with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Marcia Medina, U.S. Coast Guard Sector San 
Francisco; telephone (415) 399-7443 or email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

APA Administrative Procedures Act
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NAD North American Datum of 1983
NPRM Notice of Proposed Rulemaking
PG&E Pacific Gas & Electric
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final 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.'' Due to the date of the event, notice and comment procedures 
would be impracticable in this instance.
    For similar reasons as those stated above, under 5 U.S.C. 
553(d)(3), the Coast Guard finds that good cause exists for making this 
rule effective less than 30 days after publication in the Federal 
Register.

III. Legal Authority and Need for Rule

    The legal basis for the proposed rule is 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, which collectively authorize the Coast 
Guard to establish safety zones.
    The Pacific Gas and Electric Company will sponsor the Pacific Gas 
and Electric Evolution on August 2, 2017 and on August 30, 2017, in the 
navigable waters of Humboldt Bay in King Salmon, CA. The evolution is 
necessary to complete an inspection and for re-licensing purposes. The 
evolution is scheduled to take place on August 2, 2017 and on

[[Page 39536]]

August 30, 2017. The Coast Guard believes that a safety zone is 
necessary to provide for the safety of workers, mariners, and other 
vessels transiting the area due to the danger posed by the inspection 
of the dynamic fuel storage installation. This restricted area will 
apply to all vessels transiting the specified area.

IV. Discussion of the Rule

    For the reasons stated above, the Coast Guard is establishing a 
safety zone for the duration of the event. Upon commencement of the 
evolution, the safety zone will encompass the navigable waters of 
Humboldt Bay within a 300 meter radius of position: 40[deg]44'31'' N., 
124[deg]12'39'' W. (NAD83). The safety zone is issued to establish a 
temporary restricted area on the waters surrounding the evolution. The 
Coast Guard or a designated representative will enforce a safety zone 
in navigable waters of Humboldt Bay within a 300 meter radius of 
position: 40[deg]44'31'' N., 124[deg]12'39'' W. (NAD83) during the 
evolution. The evolution is necessary to complete an inspection and for 
re-licensing purposes is scheduled to take place on August 2, 2017 and 
on August 30, 2017. At the conclusion of the evolution the safety zone 
shall terminate.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the evolution. Except for persons or 
vessels authorized by the Coast Guard Patrol Commander, no person or 
vessel may enter or remain in the restricted area. These regulations 
are needed to keep mariners and vessels away from the immediate 
vicinity of the evolution to ensure the safety of workers, mariners, 
and other vessels transiting the area.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited 
duration and narrowly tailored geographic area of the safety zone. 
Although this rule restricts access to the waters encompassed by the 
safety zone, the effect of this rule will not be significant because it 
is outside of the Fields Landing Channel and the public will be 
notified via a Broadcast Notice to Mariners to ensure the safety zone 
will result in minimum impact. The entities most likely to be affected 
are waterfront facilities, commercial vessels, and pleasure craft 
engaged in recreational activities.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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.
    This rule may affect the following entities, some of which may be 
small entities: Owners and operators of waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities and sightseeing, if these facilities or vessels are in the 
vicinity of the safety zone at times when this zone is being enforced. 
This rule will not have a significant economic impact on a substantial 
number of small entities for the following reasons: (i) This rule will 
encompass only a small portion of the waterway for a limited period of 
time, (ii) vessel traffic can transit safely around the safety zone, 
and (iii) the maritime public will be advised in advance of this safety 
zone via Broadcast Notice to Mariners.
    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,

[[Page 39537]]

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 (NEPA) (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 of limited size and 
duration. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record 
of Environmental Consideration is available in the docket for this 
rulemaking. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T11-867 to read as follows:


Sec.  165.T11-867   Safety Zone; PG&E Evolution, King Salmon, CA.

    (a) Location. This temporary safety zone is established for the 
navigable waters of Humboldt Bay in King Salmon, California as depicted 
in National Oceanic and Atmospheric Administration (NOAA) Chart 18622. 
The safety zone will encompass the navigable waters of Humboldt Bay 
within a 300 meter radius of position: 40[deg]44'31'' N., 
124[deg]12'39'' W. (NAD83).
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced from 8 a.m. until 4 p.m. on August 2, 2017 and 
from 8 a.m. until 4 p.m. on August 30, 2017. The Captain of the Port 
San Francisco (COTP) will notify the maritime community of periods 
during which this zone will be enforced via Broadcast Notice to 
Mariners in accordance with 33 CFR 165.7.
    (c) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer on a Coast Guard 
vessel or a Federal, State, or local officer designated by or assisting 
the COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in 33 CFR part 
165, subpart C, entry into, transiting or anchoring within this safety 
zone is prohibited unless authorized by the COTP or a designated 
representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or a designated representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the safety zone must comply with all directions given to 
them by the COTP or a designated representative. Persons and vessels 
may request permission to enter the safety zone through the 24-hour 
Command Center at telephone (415) 399-3547 or on VHF channel 16.

    Dated: August 1, 2017.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2017-17655 Filed 8-18-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations                                        39535

                                              SUPPLEMENTARY INFORMATION:      FDA is                  Document Mail Center–WO66–G609,                       ADDRESSES:   Documents mentioned in
                                              amending our regulations in 21 CFR                      10903 New Hampshire Ave., Silver                      this preamble are part of docket USCG–
                                              part 860 that set forth procedures for                  Spring, MD 20993–0002; for devices                    2017–0699. To view these documents go
                                              mailing reclassification petitions                      regulated by the Center for Biologics                 to http://www.regulations.gov, type the
                                              (§ 860.123 (21 CFR 860.123)) to revise                  Evaluation and Research, addressed to                 docket number in the ‘‘SEARCH’’ box
                                              the mailing address for CDRH. The                       the Food and Drug Administration,                     and click ‘‘SEARCH.’’ Click on Open
                                              current mailing address in the                          Center for Biologics Evaluation and                   Docket Folder on the line associated
                                              regulation for CDRH is as follows:                      Research, Document Control Center,                    with this rulemaking.
                                              Center for Devices and Radiological                     10903 New Hampshire Ave., Bldg. 71,                   FOR FURTHER INFORMATION CONTACT: If
                                              Health, Regulations Staff, 10903 New                    Rm. G112, Silver Spring, MD 20993–                    you have questions on this rule, call or
                                              Hampshire Ave., Bldg. 66, Rm. 4438,                     0002; for devices regulated by the                    email Lieutenant Marcia Medina, U.S.
                                              Silver Spring, MD 20993–0002. The                       Center for Drug Evaluation and                        Coast Guard Sector San Francisco;
                                              room number, 4438, has been changed;                    Research, addressed to the Food and                   telephone (415) 399–7443 or email at
                                              the new room number is G609. The                        Drug Administration, Center for Drug                  D11-PF-MarineEvents@uscg.mil.
                                              mailing address is revised as follows:                  Evaluation and Research, Central                      SUPPLEMENTARY INFORMATION:
                                              Center for Devices and Radiological                     Document Control Room, 5901–B
                                              Health, Regulations Staff, Document                     Ammendale Rd., Beltsville, MD 20705–                  I. Table of Abbreviations
                                              Mail Center–WO66–G609, 10903 New                        1266, as applicable.                                  APA Administrative Procedures Act
                                              Hampshire Ave., Silver Spring, MD                       *    *     *     *    *                               CFR Code of Federal Regulations
                                              20993–0002.                                                                                                   COTP Captain of the Port
                                                                                                        Dated: August 15, 2017.
                                                 Sections 513(e) and (f), 514(b), 515(b),                                                                   DHS Department of Homeland Security
                                              and 520(l) of the Federal Food, Drug,                   Leslie Kux,                                           FR Federal Register
                                              and Cosmetic Act (the FD&C Act) (21                     Associate Commissioner for Policy.                    NAD North American Datum of 1983
                                              U.S.C. 360c(e) and (f); 360d(b); 360e(b),               [FR Doc. 2017–17564 Filed 8–18–17; 8:45 am]           NPRM Notice of Proposed Rulemaking
                                              and 360j(l)), provide for the                           BILLING CODE 4164–01–P                                PG&E Pacific Gas & Electric
                                                                                                                                                            § Section
                                              reclassification of a device and prescribe
                                                                                                                                                            U.S.C. United States Code
                                              procedures to petition for
                                              reclassification. FDA provides                          DEPARTMENT OF HOMELAND                                II. Background Information and
                                              procedures for the content and form of                  SECURITY                                              Regulatory History
                                              reclassification petitions submitted                                                                             The Coast Guard is issuing this
                                              pursuant to § 860.123(b)(1) for devices                 Coast Guard
                                                                                                                                                            temporary final rule without prior
                                              regulated by CDRH. The address for                                                                            notice and opportunity to comment
                                              submitting a reclassification petition for              33 CFR Part 165
                                                                                                                                                            pursuant to authority under section 4(a)
                                              devices regulated by CDRH in                            [Docket No. USCG–2017–0699]                           of the Administrative Procedure Act
                                              § 860.123(b)(1) is amended to reflect the                                                                     (APA) (5 U.S.C. 553(b)). This provision
                                              new room number. The addresses                          RIN 1625–AA00
                                                                                                                                                            authorizes an agency to issue a rule
                                              remain the same for the Center for                                                                            without prior notice and opportunity to
                                              Biologics Evaluation and Research and                   Safety Zone: PG&E Evolution, King
                                                                                                      Salmon, CA                                            comment when the agency for good
                                              the Center for Drug Evaluation and                                                                            cause finds that those procedures are
                                              Research.                                               AGENCY:    Coast Guard, DHS.                          ‘‘impracticable, unnecessary, or contrary
                                              List of Subjects in 21 CFR Part 860                     ACTION:   Temporary final rule.                       to the public interest.’’ Due to the date
                                                Administrative practice and                                                                                 of the event, notice and comment
                                                                                                      SUMMARY:   The Coast Guard is                         procedures would be impracticable in
                                              procedure, Medical devices.                             establishing a temporary safety zone in               this instance.
                                                Therefore, under the Federal Food,                    the navigable waters of Humboldt Bay                     For similar reasons as those stated
                                              Drug, and Cosmetic Act and under                        in King Salmon, CA in support of the                  above, under 5 U.S.C. 553(d)(3), the
                                              authority delegated to the Commissioner                 Pacific Gas and Electric Evolution that               Coast Guard finds that good cause exists
                                              of Food and Drugs, 21 CFR part 860 is                   will be effective on August 2, 2017 and               for making this rule effective less than
                                              amended as follows:                                     on August 30, 2017. This safety zone is               30 days after publication in the Federal
                                                                                                      established to ensure the safety of                   Register.
                                              PART 860—MEDICAL DEVICE                                 workers, mariners, and other vessels
                                              CLASSIFICATION PROCEDURES                               transiting the area from the dangers                  III. Legal Authority and Need for Rule
                                              ■ 1. The authority citation for part 860                associated with this evolution.                          The legal basis for the proposed rule
                                              continues to read as follows:                           Unauthorized persons or vessels are                   is 33 U.S.C 1231; 50 U.S.C. 191; 33 CFR
                                                                                                      prohibited from entering into, transiting             1.05–1, 6.04–1, 6.04–6, 160.5;
                                                Authority: 21 U.S.C. 360c, 360d, 360e,                through, or remaining in the safety zone
                                              360i, 360j, 371, 374.                                                                                         Department of Homeland Security
                                                                                                      without permission of the Captain of the              Delegation No. 0170.1, which
                                              ■ 2. Revise § 860.123(b)(1) to read as                  Port or their designated representative.              collectively authorize the Coast Guard
                                              follows:
                                                                                                      DATES: This rule is effective without                 to establish safety zones.
                                              § 860.123 Reclassification petition:                    actual notice from August 21, 2017 until                 The Pacific Gas and Electric Company
                                              Content and form.                                       August 30, 2017. For the purposes of                  will sponsor the Pacific Gas and Electric
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                                              *     *    *     *    *                                 enforcement, actual notice will be used               Evolution on August 2, 2017 and on
                                                (b) * * *                                             from August 2, 2017, until August 21,                 August 30, 2017, in the navigable waters
                                                (1) For devices regulated by the                      2017.                                                 of Humboldt Bay in King Salmon, CA.
                                              Center for Devices and Radiological                        This rule is being enforced from 8                 The evolution is necessary to complete
                                              Health, addressed to the Food and Drug                  a.m. to 4 p.m. on August 2, 2017 and                  an inspection and for re-licensing
                                              Administration, Center for Devices and                  from 8 a.m. to 4 p.m. on August 30,                   purposes. The evolution is scheduled to
                                              Radiological Health, Regulations Staff,                 2017.                                                 take place on August 2, 2017 and on


                                         VerDate Sep<11>2014   16:12 Aug 18, 2017   Jkt 241001   PO 00000   Frm 00045   Fmt 4700   Sfmt 4700   E:\FR\FM\21AUR1.SGM   21AUR1


                                              39536             Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations

                                              August 30, 2017. The Coast Guard                        been reviewed by the Office of                          Small businesses may send comments
                                              believes that a safety zone is necessary                Management and Budget (OMB), and                      on the actions of Federal employees
                                              to provide for the safety of workers,                   pursuant to OMB guidance it is exempt                 who enforce, or otherwise determine
                                              mariners, and other vessels transiting                  from the requirements of Executive                    compliance with, Federal regulations to
                                              the area due to the danger posed by the                 Order 13771.                                          the Small Business and Agriculture
                                              inspection of the dynamic fuel storage                     This regulatory action determination               Regulatory Enforcement Ombudsman
                                              installation. This restricted area will                 is based on the limited duration and                  and the Regional Small Business
                                              apply to all vessels transiting the                     narrowly tailored geographic area of the              Regulatory Fairness Boards. The
                                              specified area.                                         safety zone. Although this rule restricts             Ombudsman evaluates these actions
                                                                                                      access to the waters encompassed by the               annually and rates each agency’s
                                              IV. Discussion of the Rule
                                                                                                      safety zone, the effect of this rule will             responsiveness to small business. If you
                                                 For the reasons stated above, the                    not be significant because it is outside              wish to comment on actions by
                                              Coast Guard is establishing a safety zone               of the Fields Landing Channel and the                 employees of the Coast Guard, call 1–
                                              for the duration of the event. Upon                     public will be notified via a Broadcast               888–REG–FAIR (1–888–734–3247). The
                                              commencement of the evolution, the                      Notice to Mariners to ensure the safety               Coast Guard will not retaliate against
                                              safety zone will encompass the                          zone will result in minimum impact.                   small entities that question or complain
                                              navigable waters of Humboldt Bay                        The entities most likely to be affected               about this rule or any policy or action
                                              within a 300 meter radius of position:                  are waterfront facilities, commercial                 of the Coast Guard.
                                              40°44′31″ N., 124°12′39″ W. (NAD83).                    vessels, and pleasure craft engaged in
                                              The safety zone is issued to establish a                                                                      C. Collection of Information
                                                                                                      recreational activities.
                                              temporary restricted area on the waters                                                                         This rule will not call for a new
                                              surrounding the evolution. The Coast                    B. Impact on Small Entities                           collection of information under the
                                              Guard or a designated representative                       The Regulatory Flexibility Act of 1980             Paperwork Reduction Act of 1995 (44
                                              will enforce a safety zone in navigable                 (RFA), 5 U.S.C. 601–612, as amended,                  U.S.C. 3501–3520).
                                              waters of Humboldt Bay within a 300                     requires Federal agencies to consider                 D. Federalism and Indian Tribal
                                              meter radius of position: 40°44′31″ N.,                 the potential impact of regulations on                Governments
                                              124°12′39″ W. (NAD83) during the                        small entities during rulemaking. The
                                              evolution. The evolution is necessary to                                                                         A rule has implications for federalism
                                                                                                      term ‘‘small entities’’ comprises small               under Executive Order 13132,
                                              complete an inspection and for re-                      businesses, not-for-profit organizations
                                              licensing purposes is scheduled to take                                                                       Federalism, if it has a substantial direct
                                                                                                      that are independently owned and                      effect on the States, on the relationship
                                              place on August 2, 2017 and on August                   operated and are not dominant in their
                                              30, 2017. At the conclusion of the                                                                            between the national government and
                                                                                                      fields, and governmental jurisdictions                the States, or on the distribution of
                                              evolution the safety zone shall                         with populations of less than 50,000.
                                              terminate.                                                                                                    power and responsibilities among the
                                                                                                      The Coast Guard certifies under 5 U.S.C.              various levels of government. We have
                                                 The effect of the temporary safety
                                                                                                      605(b) that this rule will not have a                 analyzed this rule under that Order and
                                              zone will be to restrict navigation in the
                                                                                                      significant economic impact on a                      have determined that it is consistent
                                              vicinity of the evolution. Except for
                                                                                                      substantial number of small entities.                 with the fundamental federalism
                                              persons or vessels authorized by the
                                                                                                         This rule may affect the following                 principles and preemption requirements
                                              Coast Guard Patrol Commander, no
                                                                                                      entities, some of which may be small                  described in Executive Order 13132.
                                              person or vessel may enter or remain in
                                                                                                      entities: Owners and operators of                        Also, this rule does not have tribal
                                              the restricted area. These regulations are
                                                                                                      waterfront facilities, commercial                     implications under Executive Order
                                              needed to keep mariners and vessels
                                                                                                      vessels, and pleasure craft engaged in                13175, Consultation and Coordination
                                              away from the immediate vicinity of the
                                                                                                      recreational activities and sightseeing, if           with Indian Tribal Governments,
                                              evolution to ensure the safety of
                                                                                                      these facilities or vessels are in the                because it does not have a substantial
                                              workers, mariners, and other vessels
                                                                                                      vicinity of the safety zone at times when             direct effect on one or more Indian
                                              transiting the area.
                                                                                                      this zone is being enforced. This rule                tribes, on the relationship between the
                                              V. Regulatory Analyses                                  will not have a significant economic                  Federal Government and Indian tribes,
                                                We developed this rule after                          impact on a substantial number of small               or on the distribution of power and
                                              considering numerous statutes and                       entities for the following reasons: (i)               responsibilities between the Federal
                                              Executive orders related to rulemaking.                 This rule will encompass only a small                 Government and Indian tribes. If you
                                              Below we summarize our analyses                         portion of the waterway for a limited                 believe this rule has implications for
                                              based on a number of these statutes and                 period of time, (ii) vessel traffic can               federalism or Indian tribes, please
                                              Executive orders, and we discuss First                  transit safely around the safety zone,                contact the person listed in the FOR
                                              Amendment rights of protestors.                         and (iii) the maritime public will be                 FURTHER INFORMATION CONTACT section
                                                                                                      advised in advance of this safety zone                above.
                                              A. Regulatory Planning and Review                       via Broadcast Notice to Mariners.
                                                 Executive Orders 12866 and 13563                        Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                              direct agencies to assess the costs and                 Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                              benefits of available regulatory                        Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                              alternatives and, if regulation is                      we want to assist small entities in                   Federal agencies to assess the effects of
                                              necessary, to select regulatory                         understanding this rule. If the rule                  their discretionary regulatory actions. In
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                                              approaches that maximize net benefits.                  would affect your small business,                     particular, the Act addresses actions
                                              Executive Order 13771 directs agencies                  organization, or governmental                         that may result in the expenditure by a
                                              to control regulatory costs through a                   jurisdiction and you have questions                   State, local, or tribal government, in the
                                              budgeting process. This rule has not                    concerning its provisions or options for              aggregate, or by the private sector of
                                              been designated a ‘‘significant                         compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                              regulatory action,’’ under Executive                    listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                              Order 12866. Accordingly, it has not                    CONTACT section.                                      will not result in such an expenditure,


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                                                                Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations                                         39537

                                              we do discuss the effects of this rule                  navigable waters of Humboldt Bay                      SUMMARY:    The Environmental Protection
                                              elsewhere in this preamble.                             within a 300 meter radius of position:                Agency (EPA) is taking direct final
                                                                                                      40°44′31″ N., 124°12′39″ W. (NAD83).                  action to approve changes to the South
                                              F. Environment
                                                                                                        (b) Enforcement period. The zone                    Carolina State Implementation Plan
                                                We have analyzed this rule under                      described in paragraph (a) of this                    (SIP) to revise several miscellaneous
                                              Department of Homeland Security                         section will be enforced from 8 a.m.                  rules, covering definitions, source tests,
                                              Management Directive 023–01 and                         until 4 p.m. on August 2, 2017 and from               credible evidence, open burning, air
                                              Commandant Instruction M16475.lD,                       8 a.m. until 4 p.m. on August 30, 2017.               pollution episodes, and fugitive
                                              which guide the Coast Guard in                          The Captain of the Port San Francisco                 particulate matter. EPA is approving
                                              complying with the National                             (COTP) will notify the maritime                       portions of SIP revisions submitted by
                                              Environmental Policy Act of 1969                        community of periods during which this                the State of South Carolina, through the
                                              (NEPA) (42 U.S.C. 4321–4370f), and                      zone will be enforced via Broadcast                   South Carolina Department of Health
                                              have determined that this action is one                 Notice to Mariners in accordance with                 and Environmental Control (SC DHEC)
                                              of a category of actions that do not                    33 CFR 165.7.                                         on the following dates: July 18, 2011,
                                              individually or cumulatively have a                       (c) Definitions. As used in this                    June 17, 2013, April 10, 2014, August 8,
                                              significant effect on the human                         section, ‘‘designated representative’’                2014, January 20, 2016, and July 27,
                                              environment. This rule involves a safety                means a Coast Guard Patrol                            2016. These actions are being taken
                                              zone of limited size and duration. This                 Commander, including a Coast Guard                    pursuant to the Clean Air Act.
                                              rule is categorically excluded from                     coxswain, petty officer, or other officer             DATES: This direct final rule is effective
                                              further review under paragraph 34(g) of                 on a Coast Guard vessel or a Federal,                 October 20, 2017 without further notice,
                                              Figure 2–1 of the Commandant                            State, or local officer designated by or              unless EPA receives adverse comment
                                              Instruction. A Record of Environmental                  assisting the COTP in the enforcement                 by September 20, 2017. If EPA receives
                                              Consideration is available in the docket                of the safety zone.                                   such comments, it will publish a timely
                                              for this rulemaking. We seek any                          (d) Regulations. (1) Under the general              withdrawal of the direct final rule in the
                                              comments or information that may lead                   regulations in 33 CFR part 165, subpart               Federal Register and inform the public
                                              to the discovery of a significant                       C, entry into, transiting or anchoring                that the rule will not take effect.
                                              environmental impact from this rule.                    within this safety zone is prohibited                 ADDRESSES: Submit your comments,
                                              G. Protest Activities                                   unless authorized by the COTP or a                    identified by Docket ID No. EPA–R04–
                                                                                                      designated representative.                            OAR–2017–0387 at http://
                                                The Coast Guard respects the First                      (2) The safety zone is closed to all                www.regulations.gov. Follow the online
                                              Amendment rights of protesters.                         vessel traffic, except as may be                      instructions for submitting comments.
                                              Protesters are asked to contact the                     permitted by the COTP or a designated                 Once submitted, comments cannot be
                                              person listed in the FOR FURTHER                        representative.                                       edited or removed from Regulations.gov.
                                              INFORMATION CONTACT section to                            (3) Vessel operators desiring to enter              EPA may publish any comment received
                                              coordinate protest activities so that your              or operate within the safety zone must                to its public docket. Do not submit
                                              message can be received without                         contact the COTP or a designated                      electronically any information you
                                              jeopardizing the safety or security of                  representative to obtain permission to                consider to be Confidential Business
                                              people, places or vessels.                              do so. Vessel operators given permission              Information (CBI) or other information
                                              List of Subjects in 33 CFR Part 165                     to enter or operate in the safety zone                whose disclosure is restricted by statute.
                                                                                                      must comply with all directions given to              Multimedia submissions (audio, video,
                                                Harbors, Marine safety, Navigation                    them by the COTP or a designated                      etc.) must be accompanied by a written
                                              (water), Reporting and recordkeeping                    representative. Persons and vessels may               comment. The written comment is
                                              requirements, Security measures, and                    request permission to enter the safety                considered the official comment and
                                              Waterways.                                              zone through the 24-hour Command                      should include discussion of all points
                                                For the reasons discussed in the                      Center at telephone (415) 399–3547 or                 you wish to make. EPA will generally
                                              preamble, the Coast Guard amends 33                     on VHF channel 16.                                    not consider comments or comment
                                              CFR part 165 as follows:                                                                                      contents located outside of the primary
                                                                                                        Dated: August 1, 2017.
                                                                                                      Anthony J. Ceraolo,
                                                                                                                                                            submission (i.e., on the Web, cloud, or
                                              PART 165—REGULATED NAVIGATION                                                                                 other file sharing system). For
                                              AREAS AND LIMITED ACCESS AREAS                          Captain, U.S. Coast Guard, Captain of the
                                                                                                      Port San Francisco.
                                                                                                                                                            additional submission methods, the full
                                              ■ 1. The authority citation for part 165                                                                      EPA public comment policy,
                                                                                                      [FR Doc. 2017–17655 Filed 8–18–17; 8:45 am]
                                              continues to read as follows:                                                                                 information about CBI or multimedia
                                                                                                      BILLING CODE 9110–04–P
                                                                                                                                                            submissions, and general guidance on
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                   making effective comments, please visit
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                                                                            http://www2.epa.gov/dockets/
                                              Department of Homeland Security Delegation              ENVIRONMENTAL PROTECTION
                                              No. 0170.1.                                                                                                   commenting-epa-dockets.
                                                                                                      AGENCY                                                FOR FURTHER INFORMATION CONTACT:
                                              ■ 2. Add § 165.T11–867 to read as
                                              follows:                                                                                                      D. Brad Akers, Air Regulatory
                                                                                                      40 CFR Part 52
                                                                                                                                                            Management Section, Air Planning and
                                              § 165.T11–867 Safety Zone; PG&E                         [EPA–R04–OAR–2017–0387; FRL–9966–34–                  Implementation Branch, Air, Pesticides
                                              Evolution, King Salmon, CA.                             Region 4]                                             and Toxics Management Division, U.S.
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                                                (a) Location. This temporary safety                                                                         Environmental Protection Agency,
                                              zone is established for the navigable                   Air Plan Approval; SC: Miscellaneous                  Region 4, 61 Forsyth Street SW.,
                                              waters of Humboldt Bay in King                          Revisions to Multiple Rules                           Atlanta, Georgia 30303–8960. Mr. Akers
                                              Salmon, California as depicted in                       AGENCY: Environmental Protection                      can be reached via telephone at (404)
                                              National Oceanic and Atmospheric                        Agency (EPA).                                         562–9089 or via electronic mail at
                                              Administration (NOAA) Chart 18622.                                                                            akers.brad@epa.gov.
                                                                                                      ACTION: Direct final rule.
                                              The safety zone will encompass the                                                                            SUPPLEMENTARY INFORMATION:



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Document Created: 2017-08-19 00:44:26
Document Modified: 2017-08-19 00:44:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from August 21, 2017 until August 30, 2017. For the purposes of enforcement, actual notice will be used from August 2, 2017, until August 21, 2017.
ContactIf you have questions on this rule, call or email Lieutenant Marcia Medina, U.S. Coast Guard Sector San Francisco; telephone (415) 399-7443 or email at D11-PF- [email protected]
FR Citation82 FR 39535 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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