82_FR_41501 82 FR 41333 - Safety Zone; Pacific Ocean, North Shore, Oahu, HI-Recovery Operations

82 FR 41333 - Safety Zone; Pacific Ocean, North Shore, Oahu, HI-Recovery Operations

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 168 (August 31, 2017)

Page Range41333-41335
FR Document2017-18451

The Coast Guard is establishing a temporary safety zone for the navigable waters of the North Shore of Oahu, Hawaii, near Ka'Ena Point. The temporary safety zone encompasses all waters extending 3 nautical miles in all directions from position 21[deg]34.88' N.; 158[deg]17.90' W. The safety zone is needed to protect personnel, vessels and the marine environment from potential hazards associated with ongoing operations to salvage a downed helicopter in this area. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Honolulu.

Federal Register, Volume 82 Issue 168 (Thursday, August 31, 2017)
[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Rules and Regulations]
[Pages 41333-41335]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18451]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0809]
RIN 1625-AA00


Safety Zone; Pacific Ocean, North Shore, Oahu, HI--Recovery 
Operations

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the navigable waters of the North Shore of Oahu, Hawaii, near Ka'Ena 
Point. The temporary safety zone encompasses all waters extending 3 
nautical miles in all directions from position 21[deg]34.88' N.; 
158[deg]17.90' W. The safety zone is needed to protect personnel, 
vessels and the marine environment from potential hazards associated 
with ongoing operations to salvage a downed helicopter in this area. 
Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port (COTP) Honolulu.

DATES: This rule is effective without actual notice from August 31, 
2017 until 8:00 a.m. on September 15, 2017. For the purposes of 
enforcement, actual notice will be used from August 22, 2017, until 
August 31, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0809 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 Lieutenant Commander John Bannon, Waterways Management 
Division, U.S. Coast Guard Sector Honolulu at (808) 541-4359 or 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because immediate action is needed to respond 
to the potential safety hazards associated with this salvage effort, 
and therefore publishing an NPRM is impracticable and contrary to 
public interest.
    On August 16, 2017, the Coast Guard published a temporary final 
rule entitled, ``Safety Zone; Pacific Ocean, North Shore Oahu, HI 
docket number USCG-2016-0507, establishing a safety zone in the 
navigable waters of the Pacific Ocean, North Shore, Oahu, HI. The 
purpose of the safety zone was to provide for the safety of search and 
rescue efforts for an August 15, 2017 downed helicopter off the North 
Shore, Oahu, HI, near Ka'Ena Point. Additionally, the safety zone was 
necessary to map the debris field and crash location. The new TFR 
adjusts the safety zone to complete all salvage and recovery operations 
after the completion of the search and rescue operations.

[[Page 41334]]

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. On August 15, 2017, the Coast Guard was informed of a helicopter 
crash off the North Shore of Oahu, Hawaii, near Ka'Ena Point. The Coast 
Guard COTP Sector Honolulu has determined that potential hazards 
associated with the salvage operations constitute a safety concern for 
anyone within the designated safety zone. This rule is necessary to 
protect personnel, vessels, and the marine environment within the 
navigable waters of the safety zone during ongoing salvage operations.

IV. Discussion of the Rule

    This rule is effective from August 22, 2017 through 8:00 a.m. on 
September 15, 2017, or until salvage operations are complete, whichever 
is earlier. If the safety zone is terminated prior to 8:00 a.m. on 
September 15, 2017, the Coast Guard will provide notice via a broadcast 
notice to mariners. The temporary safety zone encompasses all waters 
extending 3 nautical miles in all directions around the location of 
ongoing salvage operations near position: 21[deg]34.88' N.; 
158[deg]17.90' W. This zone extends from the surface of the water to 
the ocean floor. The zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters from potential 
hazards associated with the salvage operations of one downed helicopter 
in this area. No vessel or person will be permitted to enter the safety 
zone absent the express authorization of the COTP or his designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 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. Vessel traffic 
will be able to safely transit around this safety zone which would 
impact only a small designated area of the waters off of Ka'Ena Point 
where vessel traffic is normally low. Moreover, the Coast Guard would 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the zone, and the rule would allow vessels to seek permission to enter 
the zone.

B. Impact on Small Entities

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

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a

[[Page 41335]]

significant effect on the human environment. This rule involves a 
safety zone with a duration of six days or until the search is 
suspended. It is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record 
of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

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.T14-0809 to read as follows:


Sec.  165.T14-0809   Safety Zone; Pacific Ocean, North Shore Oahu, HI--
Recovery Operations.

    (a) Location. The safety zone is located within the COTP Zone (See 
33 CFR 3.70-10) and will encompass all navigable waters extending 3 
nautical miles in all directions from position: 21[deg]34.88' N.; 
158[deg]17.90' W. This zone extends from the surface of the water to 
the ocean floor.
    (b) Enforcement Period. This rule is effective from 1:00 p.m. (HST) 
on August 22, 2017 through 8:00 a.m. (HST) on September 15, 2017, or 
until salvage operations are complete, whichever is earlier. If the 
safety zone is terminated prior to 8:00 a.m. (HST) on September 15, 
2017, the Coast Guard will provide notice via a broadcast notice to 
mariners.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.20, subpart C, apply to the safety zone created 
by this temporary final rule.
    (1) All persons are required to comply with the general regulations 
governing safety zones found in 33 CFR part 165.
    (2) Entry into or remaining in this zone is prohibited unless 
expressly authorized by the COTP or his designated representative.
    (3) Persons desiring to transit the safety zone identified in 
paragraph (a) of this section may contact the COTP at the Command 
Center telephone number (808) 842-2600 and (808) 842-2601, fax (808) 
842-2642 or on VHF channel 16 (156.8 Mhz) to seek permission to transit 
the zone. If permission is granted, all persons and vessels must comply 
with the instructions of the COTP or his designated representative and 
proceed at the minimum speed necessary to maintain a safe course while 
in the zone.
    (4) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the safety zone by Federal, State, and local agencies.
    (d) Notice of enforcement. The COTP will cause notice of the 
enforcement of the safety zone described in this section to be made by 
verbal broadcasts and written notice to mariners and the general 
public.
    (e) Definitions. As used in this section, designated representative 
means any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the COTP to assist in enforcing the safety zone 
described in paragraph (a) of this section.

    Dated: August 22, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2017-18451 Filed 8-30-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations                                        41333

                                             compliance within the specified compliance                 (3) For Boeing service information                 available in the docket, go to http://
                                             time after the effective date of this AD.               identified in this AD, contact Boeing                 www.regulations.gov, type USCG–2017–
                                                                                                     Commercial Airplanes, Attention:                      0809 in the ‘‘SEARCH’’ box and click
                                             (i) Alternative Methods of Compliance
                                                                                                     Contractual & Data Services (C&DS), 2600
                                             (AMOCs)
                                                                                                     Westminster Blvd., MC 110–SK57, Seal
                                                                                                                                                           ‘‘SEARCH.’’ Click on Open Docket
                                                (1) The Manager, Seattle ACO Branch,                 Beach, CA 90740–5600; telephone 562–797–              Folder on the line associated with this
                                             FAA, has the authority to approve AMOCs                 1717; Internet https://                               rule.
                                             for this AD, if requested using the procedures          www.myboeingfleet.com.
                                             found in 14 CFR 39.19. In accordance with                                                                     FOR FURTHER INFORMATION CONTACT:     If
                                                                                                        (4) You may view this service information
                                             14 CFR 39.19, send your request to your                 at the FAA, Transport Standards Branch,               you have questions on this rule, call or
                                             principal inspector or local Flight Standards           1601 Lind Avenue SW., Renton, WA. For                 email Lieutenant Commander John
                                             District Office, as appropriate. If sending             information on the availability of this               Bannon, Waterways Management
                                             information directly to the manager of the              material at the FAA, call 425–227–1221.               Division, U.S. Coast Guard Sector
                                             certification office, send it to the attention of          (5) You may view this service information          Honolulu at (808) 541–4359 or
                                             the person identified in paragraph (j) of this          that is incorporated by reference at the
                                             AD. Information may be emailed to: 9-ANM-                                                                     john.e.bannon@uscg.mil.
                                                                                                     National Archives and Records
                                             Seattle-ACO-AMOC-Requests@faa.gov.                      Administration (NARA). For information on             SUPPLEMENTARY INFORMATION:
                                                (2) Before using any approved AMOC,                  the availability of this material at NARA, call
                                             notify your appropriate principal inspector,            202–741–6030, or go to: http://                       I. Table of Abbreviations
                                             or lacking a principal inspector, the manager           www.archives.gov/federal-register/cfr/ibr-
                                             of the local flight standards district office/                                                                CFR Code of Federal Regulations
                                                                                                     locations.html.
                                             certificate holding district office.                                                                          COTP Captain of the Port
                                                (3) An AMOC that provides an acceptable                Issued in Renton, Washington, on August             DHS Department of Homeland Security
                                             level of safety may be used for any repair,             21, 2017.                                             FR Federal Register
                                             modification, or alteration required by this            Dionne Palermo,                                       NPRM Notice of proposed rulemaking
                                             AD if it is approved by the Boeing                      Acting Director, System Oversight Division,           § Section
                                             Commercial Airplanes Organization                       Aircraft Certification Service.                       U.S.C. United States Code
                                             Designation Authorization (ODA) that has
                                                                                                     [FR Doc. 2017–18392 Filed 8–30–17; 8:45 am]
                                             been authorized by the Manager, Seattle ACO                                                                   II. Background Information and
                                             Branch, to make those findings. To be                   BILLING CODE 4910–13–P
                                                                                                                                                           Regulatory History
                                             approved, the repair method, modification
                                             deviation, or alteration deviation must meet                                                                     The Coast Guard is issuing this
                                             the certification basis of the airplane, and the        DEPARTMENT OF HOMELAND                                temporary rule without prior notice and
                                             approval must specifically refer to this AD.
                                                                                                     SECURITY                                              opportunity to comment pursuant to
                                                (4) For service information that contains
                                             steps that are labeled as Required for                                                                        authority under section 4(a) of the
                                             Compliance (RC), the provisions of                      Coast Guard                                           Administrative Procedure Act (APA) (5
                                             paragraphs (i)(4)(i) and (i)(4)(ii) of this AD                                                                U.S.C. 553(b)). This provision
                                             apply.                                                  33 CFR Part 165                                       authorizes an agency to issue a rule
                                                (i) The steps labeled as RC, including                                                                     without prior notice and opportunity to
                                             substeps under an RC step and any figures               [Docket Number USCG–2017–0809]
                                                                                                                                                           comment when the agency for good
                                             identified in an RC step, must be done to               RIN 1625–AA00                                         cause finds that those procedures are
                                             comply with the AD. If a step or substep is
                                             labeled ‘‘RC Exempt,’’ then the RC                                                                            ‘‘impracticable, unnecessary, or contrary
                                                                                                     Safety Zone; Pacific Ocean, North                     to the public interest.’’ Under 5 U.S.C.
                                             requirement is removed from that step or                Shore, Oahu, HI—Recovery Operations
                                             substep. An AMOC is required for any                                                                          553(b)(B), the Coast Guard finds that
                                             deviations to RC steps, including substeps              AGENCY:    Coast Guard, DHS.                          good cause exists for not publishing a
                                             and identified figures.                                                                                       notice of proposed rulemaking (NPRM)
                                                (ii) Steps not labeled as RC may be                  ACTION:   Temporary final rule.
                                                                                                                                                           with respect to this rule because
                                             deviated from using accepted methods in                                                                       immediate action is needed to respond
                                             accordance with the operator’s maintenance
                                                                                                     SUMMARY:   The Coast Guard is
                                             or inspection program without obtaining                 establishing a temporary safety zone for              to the potential safety hazards
                                             approval of an AMOC, provided the RC steps,             the navigable waters of the North Shore               associated with this salvage effort, and
                                             including substeps and identified figures, can          of Oahu, Hawaii, near Ka’Ena Point. The               therefore publishing an NPRM is
                                             still be done as specified, and the airplane            temporary safety zone encompasses all                 impracticable and contrary to public
                                             can be put back in an airworthy condition.              waters extending 3 nautical miles in all              interest.
                                             (j) Related Information                                 directions from position 21°34.88′ N.;                   On August 16, 2017, the Coast Guard
                                                                                                     158°17.90′ W. The safety zone is needed               published a temporary final rule
                                                For more information about this AD,
                                             contact Bill Ashforth, Aerospace Engineer,              to protect personnel, vessels and the                 entitled, ‘‘Safety Zone; Pacific Ocean,
                                             Airframe Section, FAA, Seattle ACO Branch,              marine environment from potential                     North Shore Oahu, HI docket number
                                             1601 Lind Avenue SW., Renton, WA 98057–                 hazards associated with ongoing                       USCG–2016–0507, establishing a safety
                                             3356; phone: 425–917–6432; fax: 425–917–                operations to salvage a downed                        zone in the navigable waters of the
                                             6590; email: bill.ashforth@faa.gov.                     helicopter in this area. Entry of vessels             Pacific Ocean, North Shore, Oahu, HI.
                                             (k) Material Incorporated by Reference                  or persons into this zone is prohibited               The purpose of the safety zone was to
                                                                                                     unless specifically authorized by the                 provide for the safety of search and
                                                (1) The Director of the Federal Register
                                             approved the incorporation by reference                 Captain of the Port (COTP) Honolulu.                  rescue efforts for an August 15, 2017
                                             (IBR) of the service information listed in this         DATES: This rule is effective without                 downed helicopter off the North Shore,
                                             paragraph under 5 U.S.C. 552(a) and 1 CFR               actual notice from August 31, 2017 until
nlaroche on DSKBBV9HB2PROD with RULES




                                                                                                                                                           Oahu, HI, near Ka’Ena Point.
                                             part 51.                                                8:00 a.m. on September 15, 2017. For                  Additionally, the safety zone was
                                                (2) You must use this service information            the purposes of enforcement, actual                   necessary to map the debris field and
                                             as applicable to do the actions required by             notice will be used from August 22,
                                             this AD, unless the AD specifies otherwise.                                                                   crash location. The new TFR adjusts the
                                                (i) Boeing Alert Service Bulletin 747–               2017, until August 31, 2017.                          safety zone to complete all salvage and
                                             57A2360, dated January 20, 2017.                        ADDRESSES: To view documents                          recovery operations after the completion
                                                (ii) Reserved.                                       mentioned in this preamble as being                   of the search and rescue operations.


                                        VerDate Sep<11>2014   15:11 Aug 30, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\31AUR1.SGM   31AUR1


                                             41334            Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations

                                             III. Legal Authority and Need for Rule                  from the requirements of Executive                    small entities that question or complain
                                               The Coast Guard is issuing this rule                  Order 13771.                                          about this rule or any policy or action
                                                                                                        This regulatory action determination               of the Coast Guard.
                                             under authority in 33 U.S.C. 1231. On
                                                                                                     is based on the size, location, duration,
                                             August 15, 2017, the Coast Guard was                                                                          C. Collection of Information
                                                                                                     and time-of-day of the safety zone.
                                             informed of a helicopter crash off the                  Vessel traffic will be able to safely                   This rule will not call for a new
                                             North Shore of Oahu, Hawaii, near                       transit around this safety zone which                 collection of information under the
                                             Ka’Ena Point. The Coast Guard COTP                      would impact only a small designated                  Paperwork Reduction Act of 1995 (44
                                             Sector Honolulu has determined that                     area of the waters off of Ka’Ena Point                U.S.C. 3501–3520).
                                             potential hazards associated with the                   where vessel traffic is normally low.
                                             salvage operations constitute a safety                                                                        D. Federalism and Indian Tribal
                                                                                                     Moreover, the Coast Guard would issue
                                             concern for anyone within the                                                                                 Governments
                                                                                                     a Broadcast Notice to Mariners via
                                             designated safety zone. This rule is                    VHF–FM marine channel 16 about the                       A rule has implications for federalism
                                             necessary to protect personnel, vessels,                zone, and the rule would allow vessels                under Executive Order 13132,
                                             and the marine environment within the                   to seek permission to enter the zone.                 Federalism, if it has a substantial direct
                                             navigable waters of the safety zone                                                                           effect on the States, on the relationship
                                             during ongoing salvage operations.                      B. Impact on Small Entities                           between the national government and
                                             IV. Discussion of the Rule                                 The Regulatory Flexibility Act of                  the States, or on the distribution of
                                                                                                     1980, 5 U.S.C. 601–612, as amended,                   power and responsibilities among the
                                                This rule is effective from August 22,               requires Federal agencies to consider                 various levels of government. We have
                                             2017 through 8:00 a.m. on September                     the potential impact of regulations on                analyzed this rule under that Order and
                                             15, 2017, or until salvage operations are               small entities during rulemaking. The                 have determined that it is consistent
                                             complete, whichever is earlier. If the                  term ‘‘small entities’’ comprises small               with the fundamental federalism
                                             safety zone is terminated prior to 8:00                 businesses, not-for-profit organizations              principles and preemption requirements
                                             a.m. on September 15, 2017, the Coast                   that are independently owned and                      described in Executive Order 13132.
                                             Guard will provide notice via a                         operated and are not dominant in their                   Also, this rule does not have tribal
                                             broadcast notice to mariners. The                       fields, and governmental jurisdictions                implications under Executive Order
                                             temporary safety zone encompasses all                   with populations of less than 50,000.                 13175, Consultation and Coordination
                                             waters extending 3 nautical miles in all                The Coast Guard certifies under 5 U.S.C.              with Indian Tribal Governments,
                                             directions around the location of                       605(b) that this rule will not have a                 because it does not have a substantial
                                             ongoing salvage operations near                         significant economic impact on a                      direct effect on one or more Indian
                                             position: 21°34.88′ N.; 158°17.90′ W.                   substantial number of small entities.                 tribes, on the relationship between the
                                             This zone extends from the surface of                      While some owners or operators of                  Federal Government and Indian tribes,
                                             the water to the ocean floor. The zone                  vessels intending to transit the safety               or on the distribution of power and
                                             is intended to protect personnel,                       zone may be small entities, for the                   responsibilities between the Federal
                                             vessels, and the marine environment in                  reasons stated in section V.A above, this             Government and Indian tribes. If you
                                             these navigable waters from potential                   rule will not have a significant                      believe this rule has implications for
                                             hazards associated with the salvage                     economic impact on any vessel owner                   federalism or Indian tribes, please
                                             operations of one downed helicopter in                  or operator. The safety zone is limited               contact the person listed in the FOR
                                             this area. No vessel or person will be                  in size and duration, and mariners may                FURTHER INFORMATION CONTACT section
                                             permitted to enter the safety zone absent               request to enter the zone by contacting               above.
                                             the express authorization of the COTP                   the COTP.
                                             or his designated representative.                          Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                                                                                     Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                             V. Regulatory Analyses                                  Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                               We developed this rule after                          we want to assist small entities in                   Federal agencies to assess the effects of
                                             considering numerous statutes and                       understanding this rule. If the rule                  their discretionary regulatory actions. In
                                             Executive orders related to rulemaking.                 would affect your small business,                     particular, the Act addresses actions
                                             Below we summarize our analyses                         organization, or governmental                         that may result in the expenditure by a
                                             based on a number of these statutes and                 jurisdiction and you have questions                   State, local, or tribal government, in the
                                             Executive orders, and we discuss First                  concerning its provisions or options for              aggregate, or by the private sector of
                                             Amendment rights of protestors.                         compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                                                                                     listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                             A. Regulatory Planning and Review
                                                                                                     CONTACT section.                                      will not result in such an expenditure,
                                                Executive Orders 12866 and 13563                        Small businesses may send comments                 we do discuss the effects of this rule
                                             direct agencies to assess the costs and                 on the actions of Federal employees                   elsewhere in this preamble.
                                             benefits of available regulatory                        who enforce, or otherwise determine
                                             alternatives and, if regulation is                      compliance with, Federal regulations to               F. Environment
                                             necessary, to select regulatory                         the Small Business and Agriculture                      We have analyzed this rule under
                                             approaches that maximize net benefits.                  Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                             Executive Order 13771 directs agencies                  and the Regional Small Business                       Management Directive 023–01 and
                                             to control regulatory costs through a                   Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
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                                             budgeting process. This rule has not                    Ombudsman evaluates these actions                     which guide the Coast Guard in
                                             been designated a ‘‘significant                         annually and rates each agency’s                      complying with the National
                                             regulatory action,’’ under Executive                    responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                             Order 12866. Accordingly, this rule has                 wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                             not been reviewed by the Office of                      employees of the Coast Guard, call 1–                 determined that this action is one of a
                                             Management and Budget (OMB), and                        888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                             pursuant to OMB guidance it is exempt                   Coast Guard will not retaliate against                individually or cumulatively have a


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                                                              Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations                                         41335

                                             significant effect on the human                         apply to the safety zone created by this              (SIP) on behalf of the Louisville Metro
                                             environment. This rule involves a safety                temporary final rule.                                 Air Pollution Control District (District or
                                             zone with a duration of six days or until                  (1) All persons are required to comply             Jefferson County). The Environmental
                                             the search is suspended. It is                          with the general regulations governing                Protection Agency (EPA) is approving
                                             categorically excluded from further                     safety zones found in 33 CFR part 165.                several changes that modify the
                                             review under paragraph 34(g) of Figure                     (2) Entry into or remaining in this                District’s air quality regulations as
                                             2–1 of the Commandant Instruction. A                    zone is prohibited unless expressly                   incorporated into the SIP. The changes
                                             Record of Environmental Consideration                   authorized by the COTP or his                         to the regulatory portion of the SIP that
                                             supporting this determination is                        designated representative.                            EPA is approving pertain to definitional
                                             available in the docket where indicated                    (3) Persons desiring to transit the                changes, administrative amendments,
                                             under ADDRESSES.                                        safety zone identified in paragraph (a) of            open burning, standards of performance,
                                                                                                     this section may contact the COTP at the              and volatile organic compounds (VOCs).
                                             G. Protest Activities                                                                                         EPA is approving these changes because
                                                                                                     Command Center telephone number
                                               The Coast Guard respects the First                    (808) 842–2600 and (808) 842–2601, fax                the Commonwealth and Jefferson
                                             Amendment rights of protesters.                         (808) 842–2642 or on VHF channel 16                   County have demonstrated that these
                                             Protesters are asked to contact the                     (156.8 Mhz) to seek permission to                     changes are consistent with the Clean
                                             person listed in the FOR FURTHER                        transit the zone. If permission is                    Air Act (CAA or Act).
                                             INFORMATION CONTACT section to                          granted, all persons and vessels must                 DATES: This rule is effective October 2,
                                             coordinate protest activities so that your              comply with the instructions of the                   2017.
                                             message can be received without                         COTP or his designated representative                 ADDRESSES: EPA has established a
                                             jeopardizing the safety or security of                  and proceed at the minimum speed                      docket for this action under Docket
                                             people, places or vessels.                              necessary to maintain a safe course                   Identification No. EPA–R04–OAR–
                                                                                                     while in the zone.                                    2017–0022. All documents in the docket
                                             List of Subjects in 33 CFR Part 165
                                                                                                        (4) The U.S. Coast Guard may be                    are listed on the https://
                                               Harbors, Marine safety, Navigation                    assisted in the patrol and enforcement                www.regulations.gov Web site. Although
                                             (water), Reporting and recordkeeping                    of the safety zone by Federal, State, and             listed in the index, some information is
                                             requirements, Security measures, and                    local agencies.                                       not publicly available, i.e., Confidential
                                             Waterways.                                                 (d) Notice of enforcement. The COTP                Business Information or other
                                               For the reasons discussed in the                      will cause notice of the enforcement of               information whose disclosure is
                                             preamble, the Coast Guard amends 33                     the safety zone described in this section             restricted by statute. Certain other
                                             CFR part 165 as follows:                                to be made by verbal broadcasts and                   material, such as copyrighted material,
                                                                                                     written notice to mariners and the                    is not placed on the Internet and will be
                                             PART 165—REGULATED NAVIGATION                           general public.                                       publicly available only in hard copy
                                             AREAS AND LIMITED ACCESS AREAS                             (e) Definitions. As used in this                   form. Publicly available docket
                                                                                                     section, designated representative                    materials are available either
                                             ■ 1. The authority citation for part 165                means any Coast Guard commissioned,                   electronically through https://
                                             continues to read as follows:                           warrant, or petty officer who has been                www.regulations.gov or in hard copy at
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             authorized by the COTP to assist in                   the Air Regulatory Management Section,
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               enforcing the safety zone described in                Air Planning and Implementation
                                             Department of Homeland Security Delegation              paragraph (a) of this section.                        Branch, Air, Pesticides and Toxics
                                             No. 0170.1.                                               Dated: August 22, 2017.                             Management Division, U.S.
                                             ■ 2. Add § 165.T14–0809 to read as                      M.C. Long,
                                                                                                                                                           Environmental Protection Agency,
                                             follows:                                                                                                      Region 4, 61 Forsyth Street SW.,
                                                                                                     Captain, U.S. Coast Guard, Captain of the
                                                                                                     Port Honolulu.
                                                                                                                                                           Atlanta, Georgia 30303–8960. EPA
                                             § 165.T14–0809 Safety Zone; Pacific                                                                           requests that if at all possible, you
                                                                                                     [FR Doc. 2017–18451 Filed 8–30–17; 8:45 am]
                                             Ocean, North Shore Oahu, HI—Recovery                                                                          contact the person listed in the FOR
                                             Operations.                                             BILLING CODE 9110–04–P
                                                                                                                                                           FURTHER INFORMATION CONTACT section to
                                                (a) Location. The safety zone is                                                                           schedule your inspection. The Regional
                                             located within the COTP Zone (See 33                                                                          Office’s official hours of business are
                                             CFR 3.70–10) and will encompass all                     ENVIRONMENTAL PROTECTION                              Monday through Friday 8:30 a.m. to
                                             navigable waters extending 3 nautical                   AGENCY                                                4:30 p.m., excluding Federal holidays.
                                             miles in all directions from position:                                                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                     40 CFR Part 52
                                             21°34.88′ N.; 158°17.90′ W. This zone                                                                         Sean Lakeman, Air Regulatory
                                             extends from the surface of the water to                [EPA–R04–OAR–2017–0022; FRL–9967–05–                  Management Section, Air Planning and
                                             the ocean floor.                                        Region 4]                                             Implementation Branch, Air, Pesticides
                                                (b) Enforcement Period. This rule is                                                                       and Toxics Management Division, U.S.
                                                                                                     Air Plan Approval; Kentucky;                          Environmental Protection Agency,
                                             effective from 1:00 p.m. (HST) on
                                                                                                     Louisville Miscellaneous Rule                         Region 4, 61 Forsyth Street SW.,
                                             August 22, 2017 through 8:00 a.m.
                                                                                                     Revisions                                             Atlanta, Georgia 30303–8960. The
                                             (HST) on September 15, 2017, or until
                                             salvage operations are complete,                        AGENCY:  Environmental Protection                     telephone number is (404) 562–9043.
                                             whichever is earlier. If the safety zone                Agency (EPA).                                         Mr. Lakeman can be reached via
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                                             is terminated prior to 8:00 a.m. (HST) on               ACTION: Final rule.
                                                                                                                                                           electronic mail at lakeman.sean@
                                             September 15, 2017, the Coast Guard                                                                           epa.gov.
                                             will provide notice via a broadcast                     SUMMARY: On August 29, 2012, the                      SUPPLEMENTARY INFORMATION:
                                             notice to mariners.                                     Commonwealth of Kentucky, through
                                                (c) Regulations. The general                         the Kentucky Division for Air Quality                 I. Background
                                             regulations governing safety zones                      (KDAQ), submitted changes to the                         On August 29, 2012, KDAQ submitted
                                             contained in 33 CFR 165.20, subpart C,                  Kentucky State Implementation Plan                    a SIP revision to EPA for approval that


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Document Created: 2017-09-23 10:08:36
Document Modified: 2017-09-23 10:08:36
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 31, 2017 until 8:00 a.m. on September 15, 2017. For the purposes of enforcement, actual notice will be used from August 22, 2017, until August 31, 2017.
ContactIf you have questions on this rule, call or email Lieutenant Commander John Bannon, Waterways Management Division, U.S. Coast Guard Sector Honolulu at (808) 541-4359 or [email protected]
FR Citation82 FR 41333 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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