82_FR_40653 82 FR 40489 - Safety Zone; Atlantic Ocean, Ocean City, NJ

82 FR 40489 - Safety Zone; Atlantic Ocean, Ocean City, NJ

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 164 (August 25, 2017)

Page Range40489-40491
FR Document2017-18031

The Coast Guard is establishing a safety zone on the waters of the Atlantic Ocean adjacent to Ocean City, NJ on August 26, 2017. The safety zone will restrict vessel traffic from operating on a portion of Atlantic Ocean during a fireworks display. This safety zone is necessary to protect the public, spectators and vessels from the hazards associated with a fireworks display. The safety zone restricts vessels from transiting the zone during the effective period, unless authorized by the Captain of the Port Delaware Bay or a designated representative.

Federal Register, Volume 82 Issue 164 (Friday, August 25, 2017)
[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)]
[Rules and Regulations]
[Pages 40489-40491]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18031]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0627]
RIN 1625-AA00


Safety Zone; Atlantic Ocean, Ocean City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone on the waters of 
the Atlantic Ocean adjacent to Ocean City, NJ on August 26, 2017. The 
safety zone will restrict vessel traffic from operating on a portion of 
Atlantic Ocean during a fireworks display. This safety zone is 
necessary to protect the public, spectators and vessels from the 
hazards associated with a fireworks display. The safety zone restricts 
vessels from transiting the zone during the effective period, unless 
authorized by the Captain of the Port Delaware Bay or a designated 
representative.

DATES: This rule is effective on August 26, 2017, from 9 p.m. to 11:59 
p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0627 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST2 Amanda Boone, U.S. Coast Guard, Sector Delaware Bay, 
Waterways Management Division, telephone (215) 271-4814, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

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. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for foregoing public comment with respect to this rule. 
Insufficient time remains to publish a Notice of Proposed Rule Making 
(NPMR) and allow for a public comment period before the event, which is 
scheduled to take place on August 26, 2017. The safety zone must be in 
effect on that date in order to serve its purpose of ensuring the 
safety of spectators and the general public from hazards associated 
with a fireworks display. Hazards include accidental discharge of 
fireworks, dangerous projectiles, and falling hot embers or other 
debris. For those reasons, it would be impracticable and contrary to 
the public interest to publish an NPRM.
    For the reason discussed 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 FR. Delaying the effective date 
would be contrary to the rule's objectives of ensuring safety of life 
on the navigable waters and protection of persons and vessels in the 
vicinity of the fireworks display. The event has been widely publicized 
in local media outlets.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP Delaware Bay has determined that this temporary safety 
zone is

[[Page 40490]]

necessary to provide safety during the fireworks events, and to ensure 
protection of the public.

IV. Discussion of the Rule

    On August 26, 2017, a fireworks display event will take place on 
the waters of the Atlantic Ocean adjacent to Ocean City, NJ. The Coast 
Guard is establishing a temporary safety zone in a portion of the 
Atlantic Ocean adjacent to Ocean City, NJ to ensure the safety of 
persons, vessels and the public during the event. The proposed safety 
zone includes all waters of the North Atlantic Ocean within a 600 yard 
radius of the fireworks barge in approximate location latitude 
39[deg]16'22'' N., longitude 074[deg]33'54'' W., in the vicinity of the 
shoreline at Ocean City, NJ.
    The fireworks display is expected to occur between 9:30 p.m. and 
11:30 p.m. In order to coordinate the safe movement of vessels within 
the area and to ensure that the area is clear of unauthorized persons 
and vessels before, during, and immediately after the fireworks launch, 
this zone will be enforced from 9 p.m. to 11:59 p.m.
    Access to this safety zone will be restricted during the specified 
date and time period. Only vessels or persons specifically authorized 
by the COTP Delaware Bay or designated representative may enter or 
remain in the regulated 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, this rule 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 size, 
location, duration, and time-of-day of the safety zone. The safety zone 
will impact the waters affected by this rule from 9 p.m. to 11:59 p.m. 
on August 26, 2017, during a time of day when commercial and 
recreational vessels traffic is normally low. Vessels will be able to 
safely transit around the safety zone. Notifications will be made to 
the maritime community via marine information broadcasts so mariners 
may adjust their plans accordingly.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of federal 
employees who enforce, or otherwise determine compliance with, federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that it 
is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule adjusts rates in accordance with applicable statutory and 
regulatory mandates. It is categorically excluded under section 2.B.2, 
figure 2-1, paragraph 34(g) of the Instruction, which pertains to minor 
regulatory changes that are editorial or procedural in nature. A Record 
of Environmental

[[Page 40491]]

Consideration (REC) supporting this determination is available in the 
docket where indicated in the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T05-0627 to read as follows:


Sec.  165.T05-0627  Safety Zone; Atlantic Ocean, Ocean City, NJ.

    (a) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard petty 
officer, warrant or commissioned officer on board a Coast Guard vessel 
and or on board another Federal, State, or local law enforcement vessel 
assisting the Captain of the Port, Delaware Bay with enforcement of the 
safety zone.
    (b) Location. The following area is a safety zone: All waters of 
the North Atlantic Ocean within a 600 yard radius of the fireworks 
barge in approximate location latitude 39[deg]16'22'' N., longitude 
074[deg]33'54'' W., in the vicinity of the shoreline at Ocean City, NJ.
    (c) Regulations. (1) The general safety zone regulations found in 
Sec.  165.23 apply to the safety zone created by this temporary 
section.
    (2) Under the general safety zone regulations in Sec.  165.23, 
persons may not enter the safety zone described in paragraph (b) of 
this section unless authorized by the COTP or the COTP's designated 
representative.
    (3) To request permission to enter the safety zone, contact the 
COTP or the COTP's representative on marine band radio VHF-FM channel 
16 (156.8 MHz). All persons and vessels 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. This section will be enforced August 26, 
2017, from 9 p.m. to 11:59 p.m.

    Dated: August 21, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2017-18031 Filed 8-24-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Rules and Regulations                                        40489

                                             the dredge ESSEX OR dredge                              channel 13 or 16, at least 1 hour, as well            FOR FURTHER INFORMATION CONTACT:     If
                                             CHARLESTON on VHF channel 13 or                         as 30 minutes, prior to arrival.                      you have questions on this rule, call or
                                             16, at least 1 hour, as well as 30                         (7) This section applies to all vessels            email MST2 Amanda Boone, U.S. Coast
                                             minutes, prior to arrival. Vessels shall                that intend to transit through the safety             Guard, Sector Delaware Bay, Waterways
                                             then transit around the dredge project,                 zones except vessels that are engaged in              Management Division, telephone (215)
                                             utilizing Anchorage 7 off Marcus Hook                   the following operations: enforcement of              271–4814, email Amanda.N.Boone@
                                             Range, while operating at the minimum                   laws; service of aids to navigation, and              uscg.mil.
                                             safe speed necessary to maintain                        emergency response.                                   SUPPLEMENTARY INFORMATION:
                                             steerage and reduced wake.                                 (d) Effective and enforcement periods.
                                                (3) Vessels wishing to anchor in                     The safety zones established in                       I. Table of Abbreviations
                                             Anchorage 7 off Marcus Hook Range                       paragraph (a) of this section will be
                                             must obtain permission from the COTP                    effective from August 30, 2017 through                CFR Code of Federal Regulations
                                                                                                                                                           DHS Department of Homeland Security
                                             at least 24 hours in advance by calling                 March 15, 2018, unless cancelled earlier
                                                                                                                                                           FR Federal Register
                                             (215) 271–4807. The COTP will permit                    by the Captain of the Port once all                   § Section
                                             two vessels at a time to anchor on a                    operations are completed. The safety                  U.S.C. United States Code
                                             ‘‘first-come, first-served’’ basis. Vessels             zones will be enforced with actual                    COTP Captain of the Port
                                             will only be allowed to anchor for a 12                 notice by Coast Guard representatives
                                             hour period. Vessels that require an                    on scene, as well as other methods                    II. Background Information and
                                             examination by the Public Health                        listed in 33 CFR 165.7.                               Regulatory History
                                             Service, Customs, or Immigration                          Dated: August 21, 2017.                                The Coast Guard is issuing this
                                             authorities will be directed to an                      Scott E. Anderson,                                    temporary final rule without prior
                                             anchorage for the required inspection by                                                                      notice and opportunity to comment
                                                                                                     Captain, U.S. Coast Guard Captain of the
                                             the COTP. Vessels are encouraged to use                 Port, Delaware Bay.                                   pursuant to authority under section 4(a)
                                             Anchorage 9 near entrance to Mantua                                                                           of the Administrative Procedure Act
                                                                                                     [FR Doc. 2017–18033 Filed 8–24–17; 8:45 am]
                                             Creek, Anchorage 10 at Naval Base,                                                                            (APA) (5 U.S.C. 553(b)). This provision
                                                                                                     BILLING CODE 9110–04–P
                                             Philadelphia, and Anchorage 6 off                                                                             authorizes an agency to issue a rule
                                             Deepwater Point alternative anchorages.                                                                       without prior notice and opportunity to
                                                (4) The Captain of the Port will                     DEPARTMENT OF HOMELAND                                comment when the agency for good
                                             implement and terminate the safety                      SECURITY                                              cause finds that those procedures are
                                             zones individually once all submerged                                                                         impracticable, unnecessary, or contrary
                                             pipeline has been recovered and                         Coast Guard                                           to the public interest. Under 5 U.S.C.
                                             dredging operations are completed in                                                                          553(b)(B), the Coast Guard finds that
                                             each range respectively. Notice of the                  33 CFR Part 165                                       good cause exists for foregoing public
                                             implementation and the termination of                                                                         comment with respect to this rule.
                                             the safety zone will be made in                         [Docket Number USCG–2017–0627]
                                                                                                                                                           Insufficient time remains to publish a
                                             accordance with 33 CFR 165.7.                           RIN 1625–AA00                                         Notice of Proposed Rule Making
                                                Entry into, transiting, or anchoring                                                                       (NPMR) and allow for a public comment
                                             within the safety zones is prohibited                   Safety Zone; Atlantic Ocean, Ocean                    period before the event, which is
                                             unless vessels obtain permission from                   City, NJ                                              scheduled to take place on August 26,
                                             the Captain of the Port or make                                                                               2017. The safety zone must be in effect
                                             satisfactory passing arrangements with                  AGENCY:    Coast Guard, DHS.
                                                                                                                                                           on that date in order to serve its purpose
                                             the dredge ESSEX and/or dredge                          ACTION:   Temporary final rule.                       of ensuring the safety of spectators and
                                             CHARLESTON per this rule and the                                                                              the general public from hazards
                                             Rules of the Road (33 CFR subchapter                    SUMMARY:   The Coast Guard is
                                                                                                     establishing a safety zone on the waters              associated with a fireworks display.
                                             E).                                                                                                           Hazards include accidental discharge of
                                                (5) To request permission to enter the               of the Atlantic Ocean adjacent to Ocean
                                                                                                     City, NJ on August 26, 2017. The safety               fireworks, dangerous projectiles, and
                                             safety zone, the Captain of the Port’s                                                                        falling hot embers or other debris. For
                                             representative can be contacted via                     zone will restrict vessel traffic from
                                                                                                     operating on a portion of Atlantic Ocean              those reasons, it would be impracticable
                                             VHF–FM channel 16. Vessels granted                                                                            and contrary to the public interest to
                                             permission to enter and transit through                 during a fireworks display. This safety
                                                                                                     zone is necessary to protect the public,              publish an NPRM.
                                             the safety zone must do so in                                                                                    For the reason discussed above, under
                                             accordance with the directions provided                 spectators and vessels from the hazards
                                                                                                                                                           5 U.S.C. 553(d)(3), the Coast Guard finds
                                             by the Captain of the Port or designated                associated with a fireworks display. The
                                                                                                                                                           that good cause exists for making this
                                             representative. No person or vessel may                 safety zone restricts vessels from
                                                                                                                                                           rule effective less than 30 days after
                                             enter or remain in a safety zone without                transiting the zone during the effective
                                                                                                                                                           publication in the FR. Delaying the
                                             permission from the Captain of the Port.                period, unless authorized by the Captain
                                                                                                                                                           effective date would be contrary to the
                                             All persons and vessels within a safety                 of the Port Delaware Bay or a designated
                                                                                                                                                           rule’s objectives of ensuring safety of
                                             zone shall obey the directions or orders                representative.
                                                                                                                                                           life on the navigable waters and
                                             of the Captain of the Port or their                     DATES: This rule is effective on August               protection of persons and vessels in the
                                             designated representative.                              26, 2017, from 9 p.m. to 11:59 p.m.                   vicinity of the fireworks display. The
                                                (6) At least one side of the main                    ADDRESSES: To view documents                          event has been widely publicized in
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                                             navigational channel will be kept clear                 mentioned in this preamble as being                   local media outlets.
                                             for safe passage of vessels in the vicinity             available in the docket, go to http://
                                             of the safety zones. At no time will the                www.regulations.gov, type USCG–2017–                  III. Legal Authority and Need for Rule
                                             main navigational channel be closed to                  0627 in the ‘‘SEARCH’’ box and click                     The Coast Guard is issuing this rule
                                             vessel traffic. Vessels requesting to                   ‘‘SEARCH.’’ Click on Open Docket                      under authority in 33 U.S.C. 1231. The
                                             transit shall contact the dredge ESSEX                  Folder on the line associated with this               COTP Delaware Bay has determined
                                             and/or dredge CHARLESTON on VHF                         rule.                                                 that this temporary safety zone is


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                                             40490              Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Rules and Regulations

                                             necessary to provide safety during the                  p.m. on August 26, 2017, during a time                D. Federalism and Indian Tribal
                                             fireworks events, and to ensure                         of day when commercial and                            Governments
                                             protection of the public.                               recreational vessels traffic is normally                 A rule has implications for federalism
                                                                                                     low. Vessels will be able to safely transit           under Executive Order 13132,
                                             IV. Discussion of the Rule
                                                                                                     around the safety zone. Notifications                 Federalism, if it has a substantial direct
                                                On August 26, 2017, a fireworks                      will be made to the maritime
                                             display event will take place on the                                                                          effect on the States, on the relationship
                                                                                                     community via marine information
                                             waters of the Atlantic Ocean adjacent to                                                                      between the national government and
                                                                                                     broadcasts so mariners may adjust their
                                             Ocean City, NJ. The Coast Guard is                                                                            the States, or on the distribution of
                                                                                                     plans accordingly.
                                             establishing a temporary safety zone in                                                                       power and responsibilities among the
                                             a portion of the Atlantic Ocean adjacent                B. Impact on Small Entities                           various levels of government. We have
                                             to Ocean City, NJ to ensure the safety of                  The Regulatory Flexibility Act of                  analyzed this rule under that Order and
                                             persons, vessels and the public during                  1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                             the event. The proposed safety zone                     requires federal agencies to consider the             with the fundamental federalism
                                             includes all waters of the North Atlantic               potential impact of regulations on small              principles and preemption requirements
                                             Ocean within a 600 yard radius of the                   entities during rulemaking. The term                  described in Executive Order 13132.
                                             fireworks barge in approximate location                 ‘‘small entities’’ comprises small                       Also, this rule does not have tribal
                                             latitude 39°16′22″ N., longitude                        businesses, not-for-profit organizations              implications under Executive Order
                                             074°33′54″ W., in the vicinity of the                   that are independently owned and                      13175, Consultation and Coordination
                                             shoreline at Ocean City, NJ.                            operated and are not dominant in their                with Indian Tribal Governments,
                                                The fireworks display is expected to                 fields, and governmental jurisdictions                because it does not have a substantial
                                             occur between 9:30 p.m. and 11:30 p.m.                  with populations of less than 50,000.                 direct effect on one or more Indian
                                             In order to coordinate the safe                         The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                             movement of vessels within the area                     605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                             and to ensure that the area is clear of                 significant economic impact on a                      or on the distribution of power and
                                             unauthorized persons and vessels                        substantial number of small entities.                 responsibilities between the Federal
                                             before, during, and immediately after                      While some owners or operators of                  Government and Indian tribes. If you
                                             the fireworks launch, this zone will be                 vessels intending to transit the safety               believe this rule has implications for
                                             enforced from 9 p.m. to 11:59 p.m.                      zone may be small entities, for the                   federalism or Indian tribes, please
                                                Access to this safety zone will be                   reasons stated in section V.A above, this             contact the person listed in the FOR
                                             restricted during the specified date and                rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                             time period. Only vessels or persons                    economic impact on any vessel owner                   above.
                                             specifically authorized by the COTP                     or operator.                                          E. Unfunded Mandates Reform Act
                                             Delaware Bay or designated                                 Under section 213(a) of the Small
                                             representative may enter or remain in                   Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                             the regulated area.                                     Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                     we want to assist small entities in                   federal agencies to assess the effects of
                                             V. Regulatory Analyses                                  understanding this rule. If the rule                  their discretionary regulatory actions. In
                                               We developed this rule after                          would affect your small business,                     particular, the Act addresses actions
                                             considering numerous statutes and                       organization, or governmental                         that may result in the expenditure by a
                                             Executive orders related to rulemaking.                 jurisdiction and you have questions                   State, local, or tribal government, in the
                                             Below we summarize our analyses                         concerning its provisions or options for              aggregate, or by the private sector of
                                             based on a number of these statutes and                 compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                             Executive Orders, and we discuss First                  listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                             Amendment rights of protestors.                         CONTACT section.                                      will not result in such an expenditure,
                                                                                                        Small businesses may send comments                 we do discuss the effects of this rule
                                             A. Regulatory Planning and Review                       on the actions of federal employees who               elsewhere in this preamble.
                                                Executive Orders 12866 and 13563                     enforce, or otherwise determine                       F. Environment
                                             direct agencies to assess the costs and                 compliance with, federal regulations to
                                             benefits of available regulatory                        the Small Business and Agriculture                      We have analyzed this rule under
                                             alternatives and, if regulation is                      Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                             necessary, to select regulatory                         and the Regional Small Business                       Management Directive 023–01 and
                                             approaches that maximize net benefits.                  Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                             Executive Order 13771 directs agencies                  Ombudsman evaluates these actions                     which guide the Coast Guard in
                                             to control regulatory costs through a                   annually and rates each agency’s                      complying with the National
                                             budgeting process. This rule has not                    responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                             been designated a ‘‘significant                         wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                             regulatory action,’’ under Executive                    employees of the Coast Guard, call                    determined that it is one of a category
                                             Order 12866. Accordingly, this rule has                 1–888–REG–FAIR (1–888–734–3247).                      of actions that do not individually or
                                             not been reviewed by the Office of                      The Coast Guard will not retaliate                    cumulatively have a significant effect on
                                             Management and Budget (OMB), and                        against small entities that question or               the human environment. This rule
                                             pursuant to OMB guidance it is exempt                   complain about this rule or any policy                adjusts rates in accordance with
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                                             from the requirements of Executive                      or action of the Coast Guard.                         applicable statutory and regulatory
                                             Order 13771.                                                                                                  mandates. It is categorically excluded
                                                This regulatory action determination                 C. Collection of Information                          under section 2.B.2, figure 2–1,
                                             is based on the size, location, duration,                 This rule calls for no new collection               paragraph 34(g) of the Instruction,
                                             and time-of-day of the safety zone. The                 of information under the Paperwork                    which pertains to minor regulatory
                                             safety zone will impact the waters                      Reduction Act of 1995 (44 U.S.C. 3501–                changes that are editorial or procedural
                                             affected by this rule from 9 p.m. to 11:59              3520).                                                in nature. A Record of Environmental


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                                                                Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Rules and Regulations                                          40491

                                             Consideration (REC) supporting this                     radio VHF–FM channel 16 (156.8 MHz).                  www.regulations.gov. Follow the online
                                             determination is available in the docket                All persons and vessels in the safety                 instructions for submitting comments.
                                             where indicated in the ADDRESSES                        zone must comply with all lawful orders               Once submitted, comments cannot be
                                             section of this preamble.                               or directions given to them by the COTP               edited or removed from Regulations.gov.
                                                                                                     or the COTP’s designated representative.              EPA may publish any comment received
                                             G. Protest Activities                                     (d) Enforcement period. This section                to its public docket. Do not submit
                                               The Coast Guard respects the First                    will be enforced August 26, 2017, from                electronically any information you
                                             Amendment rights of protesters.                         9 p.m. to 11:59 p.m.                                  consider to be Confidential Business
                                             Protesters are asked to contact the                       Dated: August 21, 2017.                             Information (CBI) or other information
                                             person listed in the FOR FURTHER                                                                              whose disclosure is restricted by statute.
                                                                                                     Scott E. Anderson,
                                             INFORMATION CONTACT section to                                                                                Multimedia submissions (audio, video,
                                                                                                     Captain, U.S. Coast Guard, Captain of the
                                             coordinate protest activities so that your                                                                    etc.) must be accompanied by a written
                                                                                                     Port Delaware Bay.
                                             message can be received without                                                                               comment. The written comment is
                                                                                                     [FR Doc. 2017–18031 Filed 8–24–17; 8:45 am]
                                             jeopardizing the safety or security of                                                                        considered the official comment and
                                                                                                     BILLING CODE 9110–04–P
                                             people, places or vessels.                                                                                    should include discussion of all points
                                             List of Subjects in 33 CFR Part 165                                                                           you wish to make. EPA will generally
                                                                                                                                                           not consider comments or comment
                                               Harbors, Marine safety, Navigation                    ENVIRONMENTAL PROTECTION                              contents located outside of the primary
                                             (water), Reporting and recordkeeping                    AGENCY                                                submission (i.e. on the web, cloud, or
                                             requirements, Security measures,                                                                              other file sharing system). For
                                             Waterways.                                              40 CFR Part 52
                                                                                                                                                           additional submission methods, the full
                                               For the reasons discussed in the                      [EPA–R07–OAR–2017–0143; FRL–9966–59–                  EPA public comment policy,
                                             preamble, the Coast Guard amends 33                     Region 7]                                             information about CBI or multimedia
                                             CFR part 165 as follows:                                                                                      submissions, and general guidance on
                                                                                                     Air Plan Approval; Iowa; Amendment                    making effective comments, please visit
                                             PART 165—REGULATED NAVIGATION                           to the Administrative Consent Order,                  http://www2.epa.gov/dockets/
                                             AREAS AND LIMITED ACCESS AREAS                          Grain Processing Corporation,                         commenting-epa-dockets.
                                                                                                     Muscatine, Iowa
                                             ■ 1. The authority citation for part 165                                                                      FOR FURTHER INFORMATION CONTACT:
                                             continues to read as follows:                           AGENCY: Environmental Protection                      Heather Hamilton, Environmental
                                                                                                     Agency (EPA).                                         Protection Agency, Air Planning and
                                               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;               ACTION: Direct final rule.                            Development Branch, 11201 Renner
                                             Department of Homeland Security Delegation                                                                    Boulevard, Lenexa, Kansas 66219 at
                                                                                                     SUMMARY:    The Environmental Protection
                                             No. 0170.1.                                                                                                   913–551–7039, or by email at
                                                                                                     Agency (EPA) is taking direct final
                                             ■ 2. Add § 165.T05–0627 to read as                                                                            hamilton.heather@epa.gov.
                                                                                                     action to approve a revision to the State
                                             follows:                                                Implementation Plan (SIP) submitted by                SUPPLEMENTARY INFORMATION:
                                                                                                     the State of Iowa for the purpose of                  Throughout this document ‘‘we,’’ ‘‘us,’’
                                             § 165.T05–0627 Safety Zone; Atlantic
                                             Ocean, Ocean City, NJ.                                  incorporating an amendment to the                     and ‘‘our’’ refer to EPA. This section
                                                                                                     Administrative Consent Order (ACO) for                provides additional information by
                                               (a) Definitions. As used in this
                                                                                                     Grain Processing Corporation (GPC),                   addressing the following:
                                             section, designated representative
                                                                                                     Muscatine, Iowa. The revision amends                  I. What is being addressed in this document?
                                             means a Coast Guard Patrol
                                                                                                     the ACO to change the date for                        II. Have the requirements for approval of a
                                             Commander, including a Coast Guard
                                                                                                     completion of performance testing to                       SIP revision been met?
                                             petty officer, warrant or commissioned
                                                                                                     allow the state more time to complete                 III. What action is EPA taking?
                                             officer on board a Coast Guard vessel                                                                         IV. Incorporation by Reference
                                                                                                     processing air construction permit
                                             and or on board another Federal, State,                                                                       V. Statutory and Executive Order Reviews
                                                                                                     applications submitted by GPC and
                                             or local law enforcement vessel assisting
                                                                                                     specify testing requirements as
                                             the Captain of the Port, Delaware Bay                                                                         I. What is being addressed in this
                                                                                                     appropriate in the final permits. This
                                             with enforcement of the safety zone.                                                                          document?
                                               (b) Location. The following area is a                 revision will not impact the schedule
                                             safety zone: All waters of the North                    for installation and operation of control                This direct final action approves a
                                             Atlantic Ocean within a 600 yard radius                 equipment, will not alter any other                   revision to the Iowa State
                                             of the fireworks barge in approximate                   compliance dates, and will not                        Implementation Plan (SIP) submitted by
                                             location latitude 39°16′22″ N., longitude               adversely affect air quality in                       the State of Iowa for the purpose of
                                             074°33′54″ W., in the vicinity of the                   Muscatine, Iowa. The state held a 30-                 incorporating an amendment to the
                                             shoreline at Ocean City, NJ.                            day comment period, during which no                   Administrative Consent Order (ACO)
                                               (c) Regulations. (1) The general safety               comments were received.                               with Grain Processing Corporation
                                             zone regulations found in § 165.23                      DATES: This direct final rule will be                 (GPC), Muscatine, Iowa. The revision
                                             apply to the safety zone created by this                effective October 24, 2017, without                   changes the date for completion of
                                             temporary section.                                      further notice, unless EPA receives                   performance testing from May 31, 2017,
                                               (2) Under the general safety zone                     adverse comment by September 25,                      to May 31, 2018, and will allow the state
                                             regulations in § 165.23, persons may not                2017. If EPA receives adverse comment,                more time to complete processing air
pmangrum on DSK3GDR082PROD with RULES




                                             enter the safety zone described in                      we will publish a timely withdrawal of                construction permit applications
                                             paragraph (b) of this section unless                    the direct final rule in the Federal                  submitted by GPC and specify testing
                                             authorized by the COTP or the COTP’s                    Register informing the public that the                requirements as appropriate in the final
                                             designated representative.                              rule will not take effect.                            permits. This amendment will not
                                               (3) To request permission to enter the                ADDRESSES: Submit your comments,                      impact the schedule for installation and
                                             safety zone, contact the COTP or the                    identified by Docket ID No. EPA–R07–                  operation of control equipment, will not
                                             COTP’s representative on marine band                    OAR–2017–0143, to http://                             alter any other compliance dates, and


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Document Created: 2018-10-24 12:40:20
Document Modified: 2018-10-24 12:40:20
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 on August 26, 2017, from 9 p.m. to 11:59 p.m.
ContactIf you have questions on this rule, call or email MST2 Amanda Boone, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, telephone (215) 271-4814, email [email protected]
FR Citation82 FR 40489 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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