82_FR_43479 82 FR 43301 - Safety Zone; Tombigbee River, Demopolis, AL

82 FR 43301 - Safety Zone; Tombigbee River, Demopolis, AL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 178 (September 15, 2017)

Page Range43301-43303
FR Document2017-19663

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Tombigbee River from mile marker (MM) 215.5 to MM 216.5, near Demopolis, AL. This action is necessary to protect persons and property on navigable waters during a fireworks display taking place on or over the waterway. Entry into or transiting in this zone is prohibited to all vessels, mariners, and persons unless specifically authorized by the Captain of the Port Sector Mobile (COTP) or a designated representative.

Federal Register, Volume 82 Issue 178 (Friday, September 15, 2017)
[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Rules and Regulations]
[Pages 43301-43303]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19663]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0786]
RIN 1625-AA00


Safety Zone; Tombigbee River, Demopolis, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Tombigbee River from mile marker (MM) 215.5 
to MM 216.5, near Demopolis, AL. This action is necessary to protect 
persons and property on navigable waters during a fireworks display 
taking place on or over the waterway. Entry into or transiting in this 
zone is prohibited to all vessels, mariners, and persons unless 
specifically authorized by the Captain of the Port Sector Mobile (COTP) 
or a designated representative.

DATES: This rule is effective from 8 p.m. through 10 p.m. on September 
16, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0786 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 LT Kyle D. Berry, Sector Mobile, Waterways Management 
Division, U.S. Coast Guard; telephone 251-441-5940, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

CFR Code of Federal Regulations
COTP Captain of the Port Sector Mobile
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 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)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because it is impracticable. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by September 16, 2017 and lack sufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing the rule.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making this rule effective less 
than 30 days after publication in the Federal Register. Delaying the 
effective date to provide a full 30 days' notice is contrary to public 
interest because immediate action is needed to protect persons and 
vessels from safety hazards associated with the fireworks display over 
this navigable waterway.

III. Legal Authority and Need for Rule

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231. The Marengo County Historical Society plans to conduct a 
fireworks display launched from shore on the Tombigbee River located 
near mile marker (MM) 216.0, in Demopolis, AL on September 16, 2017. 
Therefore, the Coast Guard has determined that a safety zone is needed 
to protect the public, mariners, and vessels from the potential hazards 
associated with a barge-based fireworks display on and over the 
waterway.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone 
encompassing all waters extending the entire width of the Tombigbee 
River from MM 215.5 to MM 216.5, near Demopolis, AL from 8 p.m. through 
10 p.m. on September 16, 2017. The location and duration of this safety 
zone is intended to protect persons and vessels during the fireworks 
display taking place over this navigable waterway. No person or vessel 
will be permitted to enter or transit within the safety zone, unless 
specifically authorized by the Captain of the Port Sector Mobile (COTP) 
or a designated representative. The COTP may be contacted by telephone 
at 251-441-5976.

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.

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

[[Page 43302]]

pursuant to OMB guidance it is exempt from the requirements of 
Executive Order 13771.
    This regulatory determination is based on the duration, location, 
and size of the safety zone. This safety zone will restrict vessel 
traffic from entering or transiting in a one mile portion of the 
Tombigbee River, in Demopolis, AL for a duration of two hours. 
Additionally, notifications to the marine community will be made 
through BNMs. These notifications will allow the public to plan 
operations around the affected area and vessels may request permission 
from the COTP to transit through the safety zone.

B. Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this 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 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 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves a safety zone on a one mile section of 
the Tombigbee River during a firework display and is not expected to 
result in any significant adverse environmental impact as described in 
NEPA. This rule is categorically excluded from further review under 
paragraph (34)(g) of Figure 2-1 of the Commandant Instruction. A Record 
of Environmental Consideration 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 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.T08-0786 to read as follows:


Sec.  165.T08-0786  Safety Zone; Tombigbee River, Demopolis, AL

    (a) Location. The following area is a safety zone: All navigable 
waters of the Tombigbee River from mile marker (MM) 215.5 to MM 216.5 
near Demopolis, AL.
    (b) Enforcement period. This section will be enforced from 8 p.m. 
through 10 p.m. on September 16, 2017.
    (c) Regulations. (1) The general regulations contained in Sec.  
165.23 as well as the regulations in this section apply to the 
regulated area.
    (2) Entry into this zone is prohibited unless authorized by the 
Captain of the Port Sector Mobile (COTP) or a designated 
representative.
    (3) Persons or vessels seeking to enter into or transit through the 
zone must request permission from the COTP or a designated 
representative. They may be

[[Page 43303]]

contacted on VHF-FM channels 16 or by telephone at 251-441-5976.
    (4) If permission is granted, all persons and vessels must comply 
with the instructions of the COTP or designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone.

    Dated: August 24, 2017.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2017-19663 Filed 9-14-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations                                                 43301

                                                PART 4044—ALLOCATION OF                                        Authority: 29 U.S.C. 1301(a), 1302(b)(3),               Appendix B to Part 4044—Interest
                                                ASSETS IN SINGLE-EMPLOYER                                    1341, 1344, 1362.                                         Rates Used To Value Benefits
                                                PLANS                                                        ■ 5. In appendix B to part 4044, a new                    *      *        *      *    *
                                                                                                             entry for October–December 2017, as set
                                                ■ 4. The authority citation for part 4044
                                                continues to read as follows:                                forth below, is added to the table.

                                                                                                                          The values of it are:
                                                For valuation dates occurring in the months—
                                                                                                                                it            for t =            it               for t =          it       for t =


                                                        *                   *                                 *                        *                        *                         *             *
                                                October–December 2017 .................................................     0.0234            1–20            0.0263                    >20       N/A        N/A



                                                  Issued in Washington, DC.                                  Coast Guard; telephone 251–441–5940,                      plans to conduct a fireworks display
                                                Daniel S. Liebman,                                           email Kyle.D.Berry@uscg.mil.                              launched from shore on the Tombigbee
                                                Acting Assistant General Counsel for                         SUPPLEMENTARY INFORMATION:                                River located near mile marker (MM)
                                                Regulatory Affairs, Pension Benefit Guaranty                                                                           216.0, in Demopolis, AL on September
                                                Corporation.                                                 I. Table of Acronyms                                      16, 2017. Therefore, the Coast Guard has
                                                [FR Doc. 2017–19525 Filed 9–14–17; 8:45 am]                  CFR Code of Federal Regulations                           determined that a safety zone is needed
                                                BILLING CODE 7709–02–P                                       COTP Captain of the Port Sector Mobile                    to protect the public, mariners, and
                                                                                                             FR Federal Register                                       vessels from the potential hazards
                                                                                                             NPRM Notice of proposed rulemaking                        associated with a barge-based fireworks
                                                                                                             § Section                                                 display on and over the waterway.
                                                DEPARTMENT OF HOMELAND                                       U.S.C. United States Code
                                                SECURITY                                                                                                               IV. Discussion of the Rule
                                                                                                             II. Background Information and
                                                Coast Guard                                                  Regulatory History                                          The Coast Guard is establishing a
                                                                                                                                                                       temporary safety zone encompassing all
                                                                                                                The Coast Guard is issuing this                        waters extending the entire width of the
                                                33 CFR Part 165                                              temporary final rule without prior                        Tombigbee River from MM 215.5 to MM
                                                [Docket Number USCG–2017–0786]                               notice and opportunity to comment                         216.5, near Demopolis, AL from 8 p.m.
                                                                                                             pursuant to authority under section 4(a)                  through 10 p.m. on September 16, 2017.
                                                RIN 1625–AA00                                                of the Administrative Procedure Act                       The location and duration of this safety
                                                                                                             (APA) (5 U.S.C. 553(b)). This provision                   zone is intended to protect persons and
                                                Safety Zone; Tombigbee River,                                authorizes an agency to issue a rule
                                                Demopolis, AL                                                                                                          vessels during the fireworks display
                                                                                                             without prior notice and opportunity to                   taking place over this navigable
                                                AGENCY:     Coast Guard, DHS.                                comment when the agency for good                          waterway. No person or vessel will be
                                                ACTION:    Temporary final rule.                             cause finds that those procedures are                     permitted to enter or transit within the
                                                                                                             ‘‘impracticable, unnecessary, or contrary                 safety zone, unless specifically
                                                SUMMARY:   The Coast Guard is                                to the public interest.’’ Under 5 U.S.C.                  authorized by the Captain of the Port
                                                establishing a temporary safety zone for                     553(b)(3)(B), the Coast Guard finds that                  Sector Mobile (COTP) or a designated
                                                all navigable waters of the Tombigbee                        good cause exists for not publishing a                    representative. The COTP may be
                                                River from mile marker (MM) 215.5 to                         notice of proposed rulemaking (NPRM)                      contacted by telephone at 251–441–
                                                MM 216.5, near Demopolis, AL. This                           with respect to this rule because it is                   5976.
                                                action is necessary to protect persons                       impracticable. It is impracticable to
                                                and property on navigable waters during                      publish an NPRM because we must                           V. Regulatory Analyses
                                                a fireworks display taking place on or                       establish this safety zone by September                     We developed this rule after
                                                over the waterway. Entry into or                             16, 2017 and lack sufficient time to                      considering numerous statutes and
                                                transiting in this zone is prohibited to                     provide a reasonable comment period                       Executive orders related to rulemaking.
                                                all vessels, mariners, and persons unless                    and then consider those comments                          Below we summarize our analyses
                                                specifically authorized by the Captain of                    before issuing the rule.                                  based on a number of these statutes and
                                                the Port Sector Mobile (COTP) or a                              We are issuing this rule, and under 5                  Executive orders.
                                                designated representative.                                   U.S.C. 553(d)(3), the Coast Guard finds
                                                                                                             that good cause exists for making this                    A. Regulatory Planning and Review
                                                DATES: This rule is effective from 8 p.m.
                                                                                                             rule effective less than 30 days after                       Executive Orders 12866 and 13563
                                                through 10 p.m. on September 16, 2017.
                                                                                                             publication in the Federal Register.                      direct agencies to assess the costs and
                                                ADDRESSES: To view documents                                                                                           benefits of available regulatory
                                                                                                             Delaying the effective date to provide a
                                                mentioned in this preamble as being                          full 30 days’ notice is contrary to public                alternatives and, if regulation is
                                                available in the docket, go to http://                       interest because immediate action is                      necessary, to select regulatory
                                                www.regulations.gov, type USCG–2017–                         needed to protect persons and vessels                     approaches that maximize net benefits.
                                                0786 in the ‘‘SEARCH’’ box and click                         from safety hazards associated with the                   Executive Order 13771 directs agencies
mstockstill on DSK30JT082PROD with RULES




                                                ‘‘SEARCH.’’ Click on Open Docket                             fireworks display over this navigable                     to control regulatory costs through a
                                                Folder on the line associated with this                      waterway.                                                 budgeting process. This rule has not
                                                rule.                                                                                                                  been designated a ‘‘significant
                                                FOR FURTHER INFORMATION CONTACT: If                          III. Legal Authority and Need for Rule                    regulatory action,’’ under Executive
                                                you have questions on this rule, call or                        The legal basis and authorities for this               Order 12866. Accordingly, this rule has
                                                email LT Kyle D. Berry, Sector Mobile,                       rule are found in 33 U.S.C. 1231. The                     not been reviewed by the Office of
                                                Waterways Management Division, U.S.                          Marengo County Historical Society                         Management and Budget (OMB), and


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                                                43302            Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations

                                                pursuant to OMB guidance it is exempt                   complain about this rule or any policy                environment. This rule involves a safety
                                                from the requirements of Executive                      or action of the Coast Guard.                         zone on a one mile section of the
                                                Order 13771.                                                                                                  Tombigbee River during a firework
                                                   This regulatory determination is                     C. Collection of Information
                                                                                                                                                              display and is not expected to result in
                                                based on the duration, location, and size                 This rule will not call for a new                   any significant adverse environmental
                                                of the safety zone. This safety zone will               collection of information under the                   impact as described in NEPA. This rule
                                                restrict vessel traffic from entering or                Paperwork Reduction Act of 1995 (44                   is categorically excluded from further
                                                transiting in a one mile portion of the                 U.S.C. 3501–3520).                                    review under paragraph (34)(g) of Figure
                                                Tombigbee River, in Demopolis, AL for                                                                         2–1 of the Commandant Instruction. A
                                                                                                        D. Federalism and Indian Tribal
                                                a duration of two hours. Additionally,                                                                        Record of Environmental Consideration
                                                                                                        Governments
                                                notifications to the marine community                                                                         supporting this determination is
                                                will be made through BNMs. These                           A rule has implications for federalism             available in the docket where indicated
                                                notifications will allow the public to                  under E.O. 13132, Federalism, if it has               under ADDRESSES.
                                                plan operations around the affected area                a substantial direct effect on the States,
                                                and vessels may request permission                      on the relationship between the national              G. Protest Activities
                                                from the COTP to transit through the                    government and the States, or on the                    The Coast Guard respects the First
                                                safety zone.                                            distribution of power and                             Amendment rights of protesters.
                                                                                                        responsibilities among the various                    Protesters are asked to contact the
                                                B. Small Entities                                       levels of government. We have analyzed                person listed in the FOR FURTHER
                                                   The Regulatory Flexibility Act of                    this rule under that Order and have                   INFORMATION CONTACT section to
                                                1980, 5 U.S.C. 601–612, as amended,                     determined that it is consistent with the             coordinate protest activities so that your
                                                requires Federal agencies to consider                   fundamental federalism principles and                 message can be received without
                                                the potential impact of regulations on                  preemption requirements described in                  jeopardizing the safety or security of
                                                small entities during rulemaking. The                   Executive Order 13132.                                people, places or vessels.
                                                term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal
                                                businesses, not-for-profit organizations                implications under Executive Order                    List of Subjects 33 CFR Part 165
                                                that are independently owned and                        13175, Consultation and Coordination                    Harbors, Marine safety, Navigation
                                                operated and are not dominant in their                  with Indian Tribal Governments,                       (water), Reporting and recordkeeping
                                                fields, and governmental jurisdictions                  because it does not have a substantial                requirements, Security measures,
                                                with populations of less than 50,000.                   direct effect on one or more Indian                   Waterways.
                                                The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the
                                                605(b) that this rule will not have a                   Federal Government and Indian tribes,                   For the reasons discussed in the
                                                significant economic impact on a                        or on the distribution of power and                   preamble, the Coast Guard amends 33
                                                substantial number of small entities.                   responsibilities between the Federal                  CFR part 165 as follows:
                                                   While some owners or operators of                    Government and Indian tribes. If you
                                                vessels intending to transit the safety                                                                       PART 165—REGULATED NAVIGATION
                                                                                                        believe this rule has implications for                AREAS AND LIMITED ACCESS AREAS
                                                zone may be small entities, for the                     federalism or Indian tribes, please
                                                reasons stated in section V.A above, this               contact the person listed in the FOR                  ■ 1. The authority citation for part 165
                                                rule will not have a significant                        FURTHER INFORMATION CONTACT section                   continues to read as follows:
                                                economic impact on any vessel owner                     above.
                                                or operator.                                                                                                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                   Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                       33 CFR 1.05–1; 6.04–1, 6.04–6, and 160.5;
                                                Business Regulatory Enforcement                                                                               Department of Homeland Security Delegation
                                                                                                          The Unfunded Mandates Reform Act                    No. 0170.1.
                                                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             ■ 2. Add § 165.T08–0786 to read as
                                                understanding this rule. If the rule                    their discretionary regulatory actions. In            follows:
                                                would affect your small business,                       particular, the Act addresses actions
                                                                                                                                                              § 165.T08–0786 Safety Zone; Tombigbee
                                                organization, or governmental                           that may result in the expenditure by a               River, Demopolis, AL
                                                jurisdiction and you have questions                     State, local, or tribal government, in the
                                                concerning its provisions or options for                aggregate, or by the private sector of                  (a) Location. The following area is a
                                                compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              safety zone: All navigable waters of the
                                                listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                Tombigbee River from mile marker
                                                CONTACT section.                                        will not result in such expenditure, we               (MM) 215.5 to MM 216.5 near
                                                   Small businesses may send comments                   do discuss the effects of this rule                   Demopolis, AL.
                                                on the actions of Federal employees                     elsewhere in this preamble.                             (b) Enforcement period. This section
                                                who enforce, or otherwise determine                                                                           will be enforced from 8 p.m. through 10
                                                compliance with, Federal regulations to                 F. Environment                                        p.m. on September 16, 2017.
                                                the Small Business and Agriculture                        We have analyzed this rule under                      (c) Regulations. (1) The general
                                                Regulatory Enforcement Ombudsman                        Department of Homeland Security                       regulations contained in § 165.23 as
                                                and the Regional Small Business                         Management Directive 023–01 and                       well as the regulations in this section
                                                Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                     apply to the regulated area.
                                                Ombudsman evaluates these actions                       which guide the Coast Guard in                          (2) Entry into this zone is prohibited
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                                                annually and rates each agency’s                        complying with the National                           unless authorized by the Captain of the
                                                responsiveness to small business. If you                Environmental Policy Act of 1969                      Port Sector Mobile (COTP) or a
                                                wish to comment on actions by                           (NEPA) (42 U.S.C. 4321–4370f), and                    designated representative.
                                                employees of the Coast Guard, call                      have determined that this action is one                 (3) Persons or vessels seeking to enter
                                                1–888–REG–FAIR (1–888–734–3247).                        of a category of actions which do not                 into or transit through the zone must
                                                The Coast Guard will not retaliate                      individually or cumulatively have a                   request permission from the COTP or a
                                                against small entities that question or                 significant effect on the human                       designated representative. They may be


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                                                                 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations                                       43303

                                                contacted on VHF–FM channels 16 or                      Once submitted, comments cannot be                    • Chapter 23—Emission Standards for
                                                by telephone at 251–441–5976.                           edited or removed from Regulations.gov.                  Contaminants
                                                  (4) If permission is granted, all                     EPA may publish any comment received                  • Chapter 25—Measurement of
                                                persons and vessels must comply with                    to its public docket. Do not submit                      Emissions
                                                the instructions of the COTP or                         electronically any information you                    • Chapter 26—Prevention of Emergency
                                                designated representative.                              consider to be Confidential Business                     Pollution Episodes
                                                  (d) Informational broadcasts. The                     Information (CBI) or other information                • Chapter 27—Certificate of Acceptance
                                                COTP or a designated representative                     whose disclosure is restricted by statute.            • Chapter 28—Ambient Air Quality
                                                will inform the public through                          Multimedia submissions (audio, video,                    Standards
                                                broadcast notices to mariners of the                    etc.) must be accompanied by a written                • Chapter 31—Nonattainment Areas
                                                enforcement period for the safety zone.                                                                       • Chapter 33—Special Regulations and
                                                                                                        comment. The written comment is
                                                                                                                                                                 Construction Permit Requirements for
                                                  Dated: August 24, 2017.                               considered the official comment and
                                                                                                                                                                 Major Stationary Sources—Prevention
                                                M.R. McLellan,                                          should include discussion of all points
                                                                                                                                                                 of Significant Deterioration (PSD) of
                                                Captain, U.S. Coast Guard, Captain of the               you wish to make. EPA will generally
                                                                                                                                                                 Air Quality
                                                Port Mobile.                                            not consider comments or comment
                                                                                                        contents located outside of the primary                  * Title V Operating Permit Program
                                                [FR Doc. 2017–19663 Filed 9–14–17; 8:45 am]                                                                   rules are included in Chapter 22 starting
                                                                                                        submission (i.e. on the web, cloud, or
                                                BILLING CODE 9110–04–P
                                                                                                        other file sharing system). For                       at 22.100.
                                                                                                        additional submission methods, the full               II. What SIP revisions are being
                                                                                                        EPA public comment policy,                            approved by EPA?
                                                ENVIRONMENTAL PROTECTION                                information about CBI or multimedia
                                                AGENCY                                                                                                           EPA is approving SIP revisions
                                                                                                        submissions, and general guidance on
                                                                                                                                                              submitted by the state of Iowa to update
                                                40 CFR Parts 52, 62, and 70                             making effective comments, please visit
                                                                                                                                                              and clarify rules, and make minor
                                                                                                        https://www2.epa.gov/dockets/
                                                [EPA–R07–OAR–2017–0470; FRL–9967–52–                                                                          revisions and corrections. EPA analyzed
                                                                                                        commenting-epa-dockets.
                                                Region 7]                                                                                                     the SIP revisions and determined that
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      air quality will not be impacted, and
                                                State of Iowa; Approval and                             Heather Hamilton, Environmental                       revisions are consistent with Federal
                                                Promulgation of the State                               Protection Agency, Air Planning and                   regulations. Revisions to the SIP are as
                                                Implementation Plan, the 111(d) Plan,                   Development Branch, 11201 Renner                      follows:
                                                and the Operating Permits Program                       Boulevard, Lenexa, Kansas 66219 at                       The title to chapter 20 is revised to
                                                                                                        913–551–7039, or by email at                          ‘‘Scope of Title—Definitions,’’ which
                                                AGENCY: Environmental Protection                        hamilton.heather@epa.gov.                             more accurately describes what is
                                                Agency (EPA).                                           SUPPLEMENTARY INFORMATION:                            included in the Chapter. With the
                                                ACTION: Direct final rule.                              Throughout this document ‘‘we,’’ ‘‘us,’’              chapter title revision, the summaries of
                                                                                                        and ‘‘our’’ refer to EPA. This section                each chapter of the air quality rules are
                                                SUMMARY:   The Environmental Protection                 provides additional information by                    revised at 20.1. The definition of EPA
                                                Agency (EPA) is taking direct final                     addressing the following:                             reference method (20.2) is revised to
                                                action to approve revisions to the Iowa
                                                                                                        I. What is being addressed in this document?          adopt the most current Federal revisions
                                                State Implementation Plan (SIP), the
                                                                                                        II. What SIP revisions are being approved by          to EPA methods for measuring air
                                                111(d) plan, and the Operating Permits
                                                                                                             EPA?                                             pollutant emissions.
                                                Program. These revisions update and                     III. What 111(d) plan revisions are being                Subrule 21.1(4) of the SIP is
                                                clarify rules and make minor revisions                       approved by EPA?                                 rescinded. This subrule applied to the
                                                and corrections. Approval of these                      IV. What operating permit plan revisions are          emission inventory requirements for the
                                                revisions will ensure consistency                            being approved by EPA?                           Clean Air Interstate Rule which was
                                                between the state and Federally-                        V. Have the requirements for approval of the
                                                                                                                                                              rescinded by EPA. The rescission of this
                                                approved rules, and ensure Federal                           SIP, 111(d) plan, and operating permit
                                                                                                             plan revisions been met?                         rule does not impact air quality.
                                                enforceability of the state’s revised air                                                                        With regard to chapter 22 which
                                                program rules. EPA is taking direct final               VI. What action is EPA taking?
                                                                                                        VII. Incorporation by Reference                       addresses permitting requirements for
                                                action because we view this as a                                                                              existing sources, a revision is made to
                                                                                                        VIII. Statutory and Executive Order Reviews
                                                noncontroversial action and anticipate                                                                        22.1(1)‘‘b’’ to remove the Federal
                                                no relevant adverse comment. We have                    I. What is being addressed in this                    amendment date for the referenced
                                                explained our reasons for these actions                 document?                                             Federal regulation, and adds language to
                                                in the Technical Support Document                          EPA is taking direct final action to               refer to the state rule in which the
                                                (TSD) that is included in this docket.                  approve revisions to the Iowa SIP, the                Federal regulation is adopted by
                                                DATES: This direct final rule is effective              111(d) plan, and the Operating Permits                reference. This revision removes
                                                November 14, 2017, without further                      Program. These revisions update and                   redundancy from the state rules. A
                                                notice, unless EPA receives adverse                     clarify rules and make minor revisions                revision is made to 22.1(1)‘‘c’’(2) to
                                                comment by October 16, 2017. If EPA                     and corrections. Approval of these                    adopt the most recent changes to
                                                receives adverse comment, we will                       revisions will ensure consistency                     Federal air quality control strategies for
                                                publish a timely withdrawal of the                      between the state and Federally-                      lead.
                                                direct final rule in the Federal Register               approved rules, and ensure Federal                       Subrule 22.1(2) revisions update
mstockstill on DSK30JT082PROD with RULES




                                                informing the public that the rule will                 enforceability of the state’s revised air             exemptions from construction
                                                not take effect.                                        program rules. Chapters with revisions                permitting in the introductory
                                                ADDRESSES: Submit your comments,                        are as follows:                                       paragraph to clarify that facilities
                                                identified by Docket ID No. EPA–R07–                    • Chapter 20—Scope of Title—                          applying for plantwide applicability
                                                OAR–2017–0470, to https://                                 Definitions                                        limitations as specified in rule 33.9, are
                                                www.regulations.gov. Follow the online                  • Chapter 21—Compliance                               eligible to use construction permitting
                                                instructions for submitting comments.                   • Chapter 22—Controlling Pollution*                   exemptions. The fuel-burning


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Document Created: 2017-09-15 00:18:16
Document Modified: 2017-09-15 00:18:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8 p.m. through 10 p.m. on September 16, 2017.
ContactIf you have questions on this rule, call or email LT Kyle D. Berry, Sector Mobile, Waterways Management Division, U.S. Coast Guard; telephone 251-441-5940, email [email protected]
FR Citation82 FR 43301 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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