82_FR_46197 82 FR 46007 - Security Zones; Port Canaveral Harbor, Cape Canaveral Air Force Station, FL

82 FR 46007 - Security Zones; Port Canaveral Harbor, Cape Canaveral Air Force Station, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 190 (October 3, 2017)

Page Range46007-46010
FR Document2017-21230

The Coast Guard proposes to expand the geographical boundaries of a permanent security zone at Port Canaveral Harbor. This action is necessary to ensure the security of vessels, facilities, and the surrounding areas within this zone. This rule is intended to prohibit persons and vessels from entering, transiting through, anchoring in, or remaining within the security zone unless authorized by the Captain of the Port (COTP) Jacksonville or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 190 (Tuesday, October 3, 2017)
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Proposed Rules]
[Pages 46007-46010]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21230]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0146]
RIN 1625-AA87


Security Zones; Port Canaveral Harbor, Cape Canaveral Air Force 
Station, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to expand the geographical boundaries 
of a permanent security zone at Port Canaveral Harbor. This action is 
necessary to ensure the security of vessels, facilities, and the 
surrounding areas within this zone. This rule is intended to prohibit 
persons and vessels from entering, transiting through, anchoring in, or 
remaining within the security zone unless authorized by the Captain of 
the Port (COTP) Jacksonville or a designated representative. We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 3, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0146 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Allan Storm, Sector 
Jacksonville, Waterways Management Division, U.S. Coast Guard; 
telephone (904) 714-7616, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On October 3, 1988, the Coast Guard published a final rule creating 
a permanent security zone at Port Canaveral Harbor, Cape Canaveral,

[[Page 46008]]

Florida (53 FR 38718) to safeguard the waterfront and military assets 
along the U.S. Navy's Poseidon Wharf inside the southeast portion of 
Port Canaveral Harbor's Middle Basin. This waterfront area is located 
on Cape Canaveral Air Force Station (CCAFS), a U.S. Air Force military 
installation. Additionally, the northern and northeast portion of the 
Middle Basin's waterfront is located almost entirely on CCAFS property, 
and within this area are piers utilized by the U.S. Air Force and U.S. 
Army. CCAFS routinely conducts operations critical to national 
security.
    The U.S. Navy requested to amend the current regulation in 33 CFR 
165.705(b) to expand the geographical boundaries to include the 
northern and northeastern portion of the Middle Basin of Port Canaveral 
Harbor in order to ensure the safety and security of military assets 
and infrastructure along the entire CCAFS waterfront.
    The COTP Jacksonville has determined it is necessary to expand the 
security zone to ensure the security of military assets and waterfront 
facilities from destruction, loss, or injury from sabotage or other 
subversive acts, accidents or other causes of a similar nature, while 
still allowing for safe navigation within the Middle Basin of Port 
Canaveral Harbor. The proposed expanded geographical boundaries would 
encompass the entire CCAFS waterfront in the middle basin, with a 
perpendicular boundary distance from the shore varying from 
approximately 120 feet to 665 feet. The purpose of the proposed rule is 
to ensure the security of vessels, facilities, and the surrounding 
areas within the security zone. The Coast Guard proposes this 
rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The Coast Guard proposes to expand the geographical boundaries of 
the current regulated area in 33 CFR 165.705(b) to include the 
navigable waters of the Port Canaveral Harbor's Middle Basin. The 
proposed amendment would redesignate Sec.  165.705(b) to new Sec.  
165.705(a)(2) and would read as follows: ``Security Zone B. Middle 
Basin, Port Canaveral Harbor, at Cape Canaveral Air Force Station, 
Brevard County, Florida. All waters within the following coordinates 
inside the Middle Basin: starting at Point 1 in position 
28[deg]24'54.49'' N., 80[deg]36'39.13'' W.; thence south to Point 2 in 
position 28[deg]24'53.27'' N., 80[deg]36'39.15'' W.; thence east to 
Point 3 in position 28[deg]24'53.25'' N., 80[deg]36'30.41'' W.; thence 
south to Point 4 in position 28[deg]24'50.51'' N., 80[deg]36'30.41'' 
W.; thence southeast to Point 5 in position 28[deg]24'38.15'' N., 
80[deg]36'17.18'' W.; thence east to Point 6 in position 
28[deg]24'38.16'' N., 80[deg]36' 14.92'' W.; thence northeast to Point 
7 in position 28[deg]24'39.36'' N., 80[deg]36'13.37'' W.; thence 
following the land based perimeter boundary to the point of origin.''
    The proposed rule would also make the following amendments: (1) 
Change the title of the existing regulation in 33 CFR 165.705 from 
``Port Canaveral Harbor, Cape Canaveral, Florida'' to ``Security Zones: 
Port Canaveral Harbor, Cape Canaveral Air Force Station, FL''; (2) add 
a new paragraph (c) and change the title to ``(c) Regulations''; (3) 
redesignate existing paragraph (d) as new paragraph (c)(1) with minor 
non-substantive changes; (4) redesignate existing paragraph (c) as new 
paragraph (c)(2) with minor non-substantive changes; (5) and add a new 
paragraph (c)(3), which states: ``Persons desiring to enter, transit 
through, anchor in, or remain within the security zone may request 
permission from the COTP Jacksonville by telephone at 904-714-7557, or 
a designated representative via VHF-FM radio on channel 16. If 
authorization is granted, all persons and vessels receiving such 
authorization must comply with the instructions of the COTP 
Jacksonville or the designated representative.'' Lastly, we propose to 
add a new paragraph (b), entitled ``Definitions'' and propose a new 
definition for the term ``designated representative.''

IV. Regulatory Analyses

    We developed this proposed 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 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review) 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 (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 13771 (Reducing Regulation and Controlling Regulatory 
Costs) directs agencies to reduce regulation and control regulatory 
costs and provides that ``for every one new regulation issued, at least 
two prior regulations be identified for elimination, and that the cost 
of planned regulations be prudently managed and controlled through a 
budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not 
a significant regulatory action, this rule is exempt from the 
requirements of Executive Order 13771. See the OMB Memorandum titled 
``Interim Guidance Implementing Section 2 of the Executive Order of 
January 30, 2017 titled `Reducing Regulation and Controlling Regulatory 
Costs' '' (February 2, 2017).
    The economic impact of this proposed rule is not significant. 
Although persons and vessels may not enter, transit through, anchor it, 
or remain within the security zone without authorization from the COTP 
Jacksonville or a designated representative, they may operate in the 
navigable water adjacent to the proposed security zone and the Federal 
channel.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business,

[[Page 46009]]

organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast 
Guard will not retaliate against small entities that question or 
complain about this proposed rule or any policy or action of the Coast 
Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

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 proposed rule would not 
result in such an expenditure, the Coast Guard discusses the effects of 
this rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. The proposed rule involves expanding 
the geographical boundaries of a permanent security zone that will 
prohibit entry within certain navigable waters of the Port Canaveral 
Harbor's Middle Basin.
    Normally such actions are categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. A preliminary Record of Environmental Consideration (REC) 
supporting this determination is available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    Public participation is essential to effective rulemaking, and the 
Coast Guard will consider all comments and related materials received 
during the comment period. Your comment can help shape the outcome of 
this rulemaking. If you submit a comment, please include the docket 
number for this rulemaking, indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Revise Sec.  165.705 to read as follows:


Sec.  165.705:  Security Zones: Port Canaveral Harbor, Cape Canaveral 
Air Force Station, FL.

    (a) Regulated areas.
    (1) Security Zone A. East (Trident) Basin, Port Canaveral Harbor, 
at Cape Canaveral Air Force Station, Brevard County, Florida. All 
waters of the East Basin north of latitude 28[deg]24'36'' N.
    (2) Security Zone B. Middle Basin, Port Canaveral Harbor, at Cape 
Canaveral Air Force Station, Brevard County, Florida. All waters within 
the following coordinates inside the Middle Basin: Starting at Point 1 
in position 28[deg]24'54.49'' N., 80[deg]36'39.13'' W.; thence south to 
Point 2 in position 28[deg]24'53.27'' N., 80[deg]36'39.15'' W.; thence 
east to Point 3 in position 28[deg]24'53.25'' N., 80[deg]36'30.41'' W.; 
thence south to Point 4 in position 28[deg]24'50.51'' N., 
80[deg]36'30.41'' W.; thence southeast to Point 5 in position 
28[deg]24'38.15'' N., 80[deg]36'17.18'' W.; thence east to Point 6 in 
position 28[deg]24'38.16'' N., 80[deg]36'14.92'' W.; thence northeast 
to Point 7 in position 28[deg]24'39.36'' N., 80[deg]36'13.37'' W.; 
thence following the land based perimeter boundary to the point of 
origin. These coordinates are based on North American Datum 1983.
    (b) Definitions. The term ``designated representative'' means 
personnel

[[Page 46010]]

designated by or assisting the Captain of the Port (COTP) Jacksonville 
in the enforcement of the security zone. This includes Coast Guard 
Patrol Commanders, Coast Guard coxswains, petty officers, and other 
officers operating Coast Guard vessels and federal, state, and local 
law officers designated by or assisting the COTP Jacksonville in the 
enforcement of regulated navigation areas and security zones.
    (c) Regulations.
    (1) The general regulations governing security zones found in 33 
CFR 165.33 apply to the security zones described in paragraph (a) of 
this section.
    (2) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the security zone 
unless authorized by the COTP Jacksonville or a designated 
representative.
    (3) Persons desiring to enter, transit through, anchor in, or 
remain within the security zone may request permission from the COTP 
Jacksonville by telephone at 904-714-7557, or a designated 
representative via VHF-FM radio on channel 16. If authorization is 
granted, all persons and vessels receiving such authorization must 
comply with the instructions of the COTP Jacksonville or the designated 
representative.

    Dated: September 28, 2017.
T.C. Wiemers,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2017-21230 Filed 10-2-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                             Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Proposed Rules                                          46007

                                                      person listed in the FOR FURTHER                        PART 110—ANCHORAGE                                    DEPARTMENT OF HOMELAND
                                                      INFORMATION CONTACT section to                          REGULATIONS                                           SECURITY
                                                      coordinate protest activities so that your
                                                      message can be received without                         ■ 1. The authority citation for part 110              Coast Guard
                                                      jeopardizing the safety or security of                  continues to read as follows:
                                                      people, places, or vessels.                                                                                   33 CFR Part 165
                                                                                                                Authority: 33 U.S.C. 471; 1221 through
                                                      V. Public Participation and Request for                 1236, 2071; 33 CFR 1.05–1; Department of              [Docket Number USCG–2017–0146]
                                                      Comments                                                Homeland Security Delegation No. 0170.1.              RIN 1625–AA87
                                                         We view public participation as                      ■ 2. Amend § 110.4 to by adding
                                                      essential to effective rulemaking, and                                                                        Security Zones; Port Canaveral Harbor,
                                                                                                              paragraph (d) to read as follows:                     Cape Canaveral Air Force Station, FL
                                                      will consider all comments and material
                                                      received during the comment period.                     § 110.4    Penobscott Bay, Maine.                     AGENCY:   Coast Guard, DHS.
                                                      Your comment can help shape the                         *      *    *     *    *                              ACTION:   Notice of proposed rulemaking.
                                                      outcome of this rulemaking. If you
                                                      submit a comment, please include the                       (d) Passagassawakeag River, Belfast                SUMMARY:   The Coast Guard proposes to
                                                      docket number for this rulemaking,                      Bay, Belfast, Maine.— (1) Special                     expand the geographical boundaries of a
                                                      indicate the specific section of this                   anchorage area A. All of the waters                   permanent security zone at Port
                                                      document to which each comment                          enclosed by a line beginning at latitude              Canaveral Harbor. This action is
                                                      applies, and provide a reason for each                  44°25′23″ N., longitude 068°58′55″ W.;                necessary to ensure the security of
                                                      suggestion or recommendation.                           thence to latitude 44°25′30″ N.,                      vessels, facilities, and the surrounding
                                                         We encourage you to submit                           longitude 068°58′48″ W.; thence to                    areas within this zone. This rule is
                                                      comments through the Federal                            latitude 44°25′33″ N., longitude                      intended to prohibit persons and vessels
                                                      eRulemaking Portal at http://                           068°59′15″ W.; thence to latitude                     from entering, transiting through,
                                                      www.regulations.gov. If your material                   44°25′39″ N., longitude 068°59′17″ W.;                anchoring in, or remaining within the
                                                      cannot be submitted using http://                       thence to latitude 44°25′48″ N.,                      security zone unless authorized by the
                                                      www.regulations.gov, contact the person                 longitude 068°59′57″ W.; thence to                    Captain of the Port (COTP) Jacksonville
                                                      in the FOR FURTHER INFORMATION                          latitude 44°25′46″ N., longitude                      or a designated representative. We
                                                      CONTACT section of this document for                    069°00′08″ W.; thence to the point of                 invite your comments on this proposed
                                                      alternate instructions. Documents                       beginning.                                            rulemaking.
                                                      mentioned in this notice of proposed                                                                          DATES: Comments and related material
                                                      rulemaking as being available in the                       (2) Special anchorage area B. All of
                                                                                                              the waters enclosed by a line beginning               must be received by the Coast Guard on
                                                      docket, and all public comments, are in                                                                       or before November 3, 2017.
                                                      our online docket at http://                            at latitude 44°25′17″ N., longitude
                                                                                                              068°59′00″ W.; thence to latitude                     ADDRESSES: You may submit comments
                                                      www.regulations.gov and can be viewed
                                                                                                              44°24′56″ N., longitude 068°59′23″ W.;                identified by docket number USCG–
                                                      by following that Web site’s
                                                                                                              thence to latitude 44°25′20″ N.,                      2017–0146 using the Federal
                                                      instructions. Additionally, if you go to
                                                                                                              longitude 068°59′38″ W.; thence to                    eRulemaking Portal at http://
                                                      the online docket and sign up for email
                                                                                                              latitude 44°25′44″ N., longitude                      www.regulations.gov. See the ‘‘Public
                                                      alerts, you will be notified when
                                                                                                              069°00′09″ W.; thence to the point of                 Participation and Request for
                                                      comments are posted or a final rule is
                                                                                                              beginning.                                            Comments’’ portion of the
                                                      published.
                                                                                                                                                                    SUPPLEMENTARY INFORMATION section for
                                                         We accept anonymous comments. All                      Note to § 110.4(d): All coordinates                 further instructions on submitting
                                                      comments received will be posted                        referenced use datum: NAD 83. All anchoring           comments.
                                                      without change to http://                               in the areas is under the supervision of the
                                                      www.regulations.gov and will include                    town of Belfast harbormaster or other such            FOR FURTHER INFORMATION CONTACT:   If
                                                      any personal information you have                       authority as may be designated by the                 you have questions about this proposed
                                                      provided. For more about privacy and                    authorities of the Town of Belfast, Maine.            rulemaking, call or email Lieutenant
                                                      the docket, you may review a Privacy                    Mariners using these special anchorage areas          Allan Storm, Sector Jacksonville,
                                                      Act notice regarding the Federal Docket                 are encouraged to contact local and state             Waterways Management Division, U.S.
                                                      Management System in the March 24,                      authorities, such as the local harbormaster, to       Coast Guard; telephone (904) 714–7616,
                                                      2005, issue of the Federal Register (70                 ensure compliance with any additional                 email Allan.H.Storm@uscg.mil.
                                                      FR 15086).                                              applicable state and local laws.                      SUPPLEMENTARY INFORMATION:
                                                         Documents mentioned in this NPRM
                                                      as being available in the docket, and all                 Dated: September 7, 2017.                           I. Table of Abbreviations
                                                      public comments, will be in our online                  S.D. Poulin,                                          CFR Code of Federal Regulations
                                                      docket at http://www.regulations.gov                    Rear Admiral, U.S. Coast Guard, Commander,            DHS Department of Homeland Security
                                                      and can be viewed by following that                     First Coast Guard District.                           E.O. Executive Order
                                                      Web site’s instructions. Additionally, if                                                                     FR Federal Register
                                                                                                              [FR Doc. 2017–21231 Filed 10–2–17; 8:45 am]           NPRM Notice of proposed rulemaking
                                                      you go to the online docket and sign up
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                                                                              BILLING CODE 9110–04–P                                § Section
                                                      for email alerts, you will be notified                                                                        U.S.C. United States Code
                                                      when comments are posted or a final                                                                           COTP Captain of the Port
                                                      rule is published.
                                                                                                                                                                    II. Background, Purpose, and Legal
                                                      List of Subjects in 33 CFR Part 110                                                                           Basis
                                                        Anchorage grounds.                                                                                            On October 3, 1988, the Coast Guard
                                                        For the reasons discussed in the                                                                            published a final rule creating a
                                                      preamble, the Coast Guard proposes to                                                                         permanent security zone at Port
                                                      amend 33 CFR part 110 as follows:                                                                             Canaveral Harbor, Cape Canaveral,


                                                 VerDate Sep<11>2014   16:02 Oct 02, 2017   Jkt 244001   PO 00000   Frm 00004   Fmt 4702   Sfmt 4702   E:\FR\FM\03OCP1.SGM   03OCP1


                                                      46008                  Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Proposed Rules

                                                      Florida (53 FR 38718) to safeguard the                  Point 5 in position 28°24′38.15″ N.,                  costs and provides that ‘‘for every one
                                                      waterfront and military assets along the                80°36′17.18″ W.; thence east to Point 6               new regulation issued, at least two prior
                                                      U.S. Navy’s Poseidon Wharf inside the                   in position 28°24′38.16″ N., 80°36′                   regulations be identified for elimination,
                                                      southeast portion of Port Canaveral                     14.92″ W.; thence northeast to Point 7 in             and that the cost of planned regulations
                                                      Harbor’s Middle Basin. This waterfront                  position 28°24′39.36″ N., 80°36′13.37″                be prudently managed and controlled
                                                      area is located on Cape Canaveral Air                   W.; thence following the land based                   through a budgeting process.’’
                                                      Force Station (CCAFS), a U.S. Air Force                 perimeter boundary to the point of                       The Office of Management and Budget
                                                      military installation. Additionally, the                origin.’’                                             (OMB) has not designated this rule a
                                                      northern and northeast portion of the                      The proposed rule would also make                  significant regulatory action under
                                                      Middle Basin’s waterfront is located                    the following amendments: (1) Change                  section 3(f) of Executive Order 12866.
                                                      almost entirely on CCAFS property, and                  the title of the existing regulation in 33            Accordingly, OMB has not reviewed it.
                                                      within this area are piers utilized by the              CFR 165.705 from ‘‘Port Canaveral                     As this rule is not a significant
                                                      U.S. Air Force and U.S. Army. CCAFS                     Harbor, Cape Canaveral, Florida’’ to                  regulatory action, this rule is exempt
                                                      routinely conducts operations critical to               ‘‘Security Zones: Port Canaveral Harbor,              from the requirements of Executive
                                                      national security.                                      Cape Canaveral Air Force Station, FL’’;               Order 13771. See the OMB
                                                         The U.S. Navy requested to amend the                 (2) add a new paragraph (c) and change                Memorandum titled ‘‘Interim Guidance
                                                      current regulation in 33 CFR 165.705(b)                 the title to ‘‘(c) Regulations’’; (3)                 Implementing Section 2 of the Executive
                                                      to expand the geographical boundaries                   redesignate existing paragraph (d) as                 Order of January 30, 2017 titled
                                                      to include the northern and                             new paragraph (c)(1) with minor non-                  ‘Reducing Regulation and Controlling
                                                      northeastern portion of the Middle                      substantive changes; (4) redesignate                  Regulatory Costs’ ’’ (February 2, 2017).
                                                      Basin of Port Canaveral Harbor in order                 existing paragraph (c) as new paragraph                  The economic impact of this proposed
                                                      to ensure the safety and security of                    (c)(2) with minor non-substantive                     rule is not significant. Although persons
                                                      military assets and infrastructure along                changes; (5) and add a new paragraph                  and vessels may not enter, transit
                                                      the entire CCAFS waterfront.                            (c)(3), which states: ‘‘Persons desiring to           through, anchor it, or remain within the
                                                         The COTP Jacksonville has                            enter, transit through, anchor in, or                 security zone without authorization
                                                      determined it is necessary to expand the                remain within the security zone may                   from the COTP Jacksonville or a
                                                      security zone to ensure the security of                 request permission from the COTP                      designated representative, they may
                                                      military assets and waterfront facilities               Jacksonville by telephone at 904–714–                 operate in the navigable water adjacent
                                                      from destruction, loss, or injury from                  7557, or a designated representative via              to the proposed security zone and the
                                                      sabotage or other subversive acts,                      VHF–FM radio on channel 16. If                        Federal channel.
                                                      accidents or other causes of a similar                  authorization is granted, all persons and
                                                      nature, while still allowing for safe                                                                         B. Impact on Small Entities
                                                                                                              vessels receiving such authorization
                                                      navigation within the Middle Basin of                   must comply with the instructions of                     The Regulatory Flexibility Act of
                                                      Port Canaveral Harbor. The proposed                     the COTP Jacksonville or the designated               1980, 5 U.S.C. 601–612, as amended,
                                                      expanded geographical boundaries                        representative.’’ Lastly, we propose to               requires Federal agencies to consider
                                                      would encompass the entire CCAFS                        add a new paragraph (b), entitled                     the potential impact of regulations on
                                                      waterfront in the middle basin, with a                  ‘‘Definitions’’ and propose a new                     small entities during rulemaking. The
                                                      perpendicular boundary distance from                    definition for the term ‘‘designated                  term ‘‘small entities’’ comprises small
                                                      the shore varying from approximately                    representative.’’                                     businesses, not-for-profit organizations
                                                      120 feet to 665 feet. The purpose of the                                                                      that are independently owned and
                                                      proposed rule is to ensure the security                 IV. Regulatory Analyses                               operated and are not dominant in their
                                                      of vessels, facilities, and the                           We developed this proposed rule after               fields, and governmental jurisdictions
                                                      surrounding areas within the security                   considering numerous statutes and                     with populations of less than 50,000.
                                                      zone. The Coast Guard proposes this                     Executive Orders related to rulemaking.               The Coast Guard certifies under 5 U.S.C.
                                                      rulemaking under authority in 33 U.S.C.                 Below we summarize our analyses                       605(b) that this proposed rule would not
                                                      1231.                                                   based on a number of these statutes and               have a significant economic impact on
                                                                                                              Executive Orders, and we discuss First                a substantial number of small entities.
                                                      III. Discussion of Proposed Rule
                                                                                                              Amendment rights of protestors.                          While some owners or operators of
                                                         The Coast Guard proposes to expand                                                                         vessels intending to transit the security
                                                      the geographical boundaries of the                      A. Regulatory Planning and Review
                                                                                                                                                                    zone may be small entities, for the
                                                      current regulated area in 33 CFR                           Executive Orders 12866 (Regulatory                 reasons stated in section IV.A above this
                                                      165.705(b) to include the navigable                     Planning and Review) and 13563                        proposed rule would not have a
                                                      waters of the Port Canaveral Harbor’s                   (Improving Regulation and Regulatory                  significant economic impact on a
                                                      Middle Basin. The proposed                              Review) direct agencies to assess the                 substantial number of small entities.
                                                      amendment would redesignate                             costs and benefits of available regulatory               If you think that your business,
                                                      § 165.705(b) to new § 165.705(a)(2) and                 alternatives and, if regulation is                    organization, or governmental
                                                      would read as follows: ‘‘Security Zone                  necessary, to select regulatory                       jurisdiction qualifies as a small entity
                                                      B. Middle Basin, Port Canaveral Harbor,                 approaches that maximize net benefits                 and that this rule would have a
                                                      at Cape Canaveral Air Force Station,                    (including potential economic,                        significant economic impact on it,
                                                      Brevard County, Florida. All waters                     environmental, public health and safety               please submit a comment (see
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      within the following coordinates inside                 effects, distributive impacts, and                    ADDRESSES) explaining why you think it
                                                      the Middle Basin: starting at Point 1 in                equity). Executive Order 13563                        qualifies and how and to what degree
                                                      position 28°24′54.49″ N., 80°36′39.13″                  emphasizes the importance of                          this rule would economically affect it.
                                                      W.; thence south to Point 2 in position                 quantifying costs and benefits, reducing                 Under section 213(a) of the Small
                                                      28°24′53.27″ N., 80°36′39.15″ W.; thence                costs, harmonizing rules, and promoting               Business Regulatory Enforcement
                                                      east to Point 3 in position 28°24′53.25″                flexibility. Executive Order 13771                    Fairness Act of 1996 (Pub. L. 104–121),
                                                      N., 80°36′30.41″ W.; thence south to                    (Reducing Regulation and Controlling                  we want to assist small entities in
                                                      Point 4 in position 28°24′50.51″ N.,                    Regulatory Costs) directs agencies to                 understanding this proposed rule. If the
                                                      80°36′30.41″ W.; thence southeast to                    reduce regulation and control regulatory              rule would affect your small business,


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                                                                             Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Proposed Rules                                            46009

                                                      organization, or governmental                           and Commandant Instruction                            the docket, you may review a Privacy
                                                      jurisdiction and you have questions                     M16475.lD, which guide the Coast                      Act notice regarding the Federal Docket
                                                      concerning its provisions or options for                Guard in complying with the National                  Management System in the March 24,
                                                      compliance, please contact the person                   Environmental Policy Act of 1969 (42                  2005, issue of the Federal Register (70
                                                      listed in the FOR FURTHER INFORMATION                   U.S.C. 4321–4370f), and have made a                   FR 15086).
                                                      CONTACT section. The Coast Guard will                   preliminary determination that this                     Documents mentioned in this NPRM
                                                      not retaliate against small entities that               action is one of a category of actions that           as being available in the docket, and all
                                                      question or complain about this                         do not individually or cumulatively                   public comments, will be in our online
                                                      proposed rule or any policy or action of                have a significant effect on the human                docket at http://www.regulations.gov
                                                      the Coast Guard.                                        environment. The proposed rule                        and can be viewed by following that
                                                                                                              involves expanding the geographical                   Web site’s instructions. Additionally, if
                                                      C. Collection of Information                            boundaries of a permanent security zone               you go to the online docket and sign up
                                                        This proposed rule would not call for                 that will prohibit entry within certain               for email alerts, you will be notified
                                                      a new collection of information under                   navigable waters of the Port Canaveral                when comments are posted or a final
                                                      the Paperwork Reduction Act of 1995                     Harbor’s Middle Basin.                                rule is published.
                                                      (44 U.S.C. 3501–3520).                                    Normally such actions are
                                                                                                              categorically excluded from further                   List of Subjects in 33 CFR Part 165
                                                      D. Federalism and Indian Tribal                         review under paragraph 34(g) of Figure                  Harbors, Marine safety, Navigation
                                                      Governments                                             2–1 of Commandant Instruction                         (water), Reporting and recordkeeping
                                                         A rule has implications for federalism               M16475.lD. A preliminary Record of                    requirements, Security measures,
                                                      under E.O. 13132, Federalism, if it has                 Environmental Consideration (REC)                     Waterways.
                                                      a substantial direct effect on the States,              supporting this determination is                        For the reasons discussed in the
                                                      on the relationship between the national                available in the docket where indicated               preamble, the Coast Guard proposes to
                                                      government and the States, or on the                    under ADDRESSES. We seek any                          amend 33 CFR part 165 as follows:
                                                      distribution of power and                               comments or information that may lead
                                                      responsibilities among the various                      to the discovery of a significant                     PART 165—REGULATED NAVIGATION
                                                      levels of government. We have analyzed                  environmental impact from this                        AREAS AND LIMITED ACCESS AREAS
                                                      this proposed rule under that Order and                 proposed rule.
                                                      have determined that it is consistent                                                                         ■ 1. The authority citation for part 165
                                                      with the fundamental federalism                         G. Protest Activities                                 continues to read as follows:
                                                      principles and preemption requirements                    The Coast Guard respects the First                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                      described in E.O. 13132.                                Amendment rights of protesters.                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                         Also, this proposed rule does not have               Protesters are asked to contact the                   Department of Homeland Security Delegation
                                                      tribal implications under E.O. 13175,                   person listed in the FOR FURTHER                      No. 0170.1.
                                                      Consultation and Coordination with                      INFORMATION CONTACT section to                        ■   2. Revise § 165.705 to read as follows:
                                                      Indian Tribal Governments, because it                   coordinate protest activities so that your
                                                      would not have a substantial direct                     message can be received without                       § 165.705: Security Zones: Port Canaveral
                                                      effect on one or more Indian tribes, on                 jeopardizing the safety or security of                Harbor, Cape Canaveral Air Force Station,
                                                      the relationship between the Federal                    people, places, or vessels.                           FL.
                                                      Government and Indian tribes, or on the                                                                          (a) Regulated areas.
                                                                                                              V. Public Participation and Request for                  (1) Security Zone A. East (Trident)
                                                      distribution of power and
                                                                                                              Comments                                              Basin, Port Canaveral Harbor, at Cape
                                                      responsibilities between the Federal
                                                      Government and Indian tribes. If you                       Public participation is essential to               Canaveral Air Force Station, Brevard
                                                      believe this proposed rule has                          effective rulemaking, and the Coast                   County, Florida. All waters of the East
                                                      implications for federalism or Indian                   Guard will consider all comments and                  Basin north of latitude 28°24′36″ N.
                                                      tribes, please contact the person listed                related materials received during the                    (2) Security Zone B. Middle Basin,
                                                      in the FOR FURTHER INFORMATION                          comment period. Your comment can                      Port Canaveral Harbor, at Cape
                                                      CONTACT section.                                        help shape the outcome of this                        Canaveral Air Force Station, Brevard
                                                                                                              rulemaking. If you submit a comment,                  County, Florida. All waters within the
                                                      E. Unfunded Mandates Reform Act                         please include the docket number for                  following coordinates inside the Middle
                                                        The Unfunded Mandates Reform Act                      this rulemaking, indicate the specific                Basin: Starting at Point 1 in position
                                                      of 1995 (2 U.S.C. 1531–1538) requires                   section of this document to which each                28°24′54.49″ N., 80°36′39.13″ W.; thence
                                                      Federal agencies to assess the effects of               comment applies, and provide a reason                 south to Point 2 in position 28°24′53.27″
                                                      their discretionary regulatory actions. In              for each suggestion or recommendation.                N., 80°36′39.15″ W.; thence east to Point
                                                      particular, the Act addresses actions                      We encourage you to submit                         3 in position 28°24′53.25″ N.,
                                                      that may result in the expenditure by a                 comments through the Federal                          80°36′30.41″ W.; thence south to Point
                                                      State, local, or tribal government, in the              eRulemaking Portal at http://                         4 in position 28°24′50.51″ N.,
                                                      aggregate, or by the private sector of                  www.regulations.gov. If your material                 80°36′30.41″ W.; thence southeast to
                                                      $100,000,000 (adjusted for inflation) or                cannot be submitted using http://                     Point 5 in position 28°24′38.15″ N.,
                                                                                                              www.regulations.gov, contact the person               80°36′17.18″ W.; thence east to Point 6
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                                                      more in any one year. Though this
                                                      proposed rule would not result in such                  in the FOR FURTHER INFORMATION                        in position 28°24′38.16″ N.,
                                                      an expenditure, the Coast Guard                         CONTACT section of this document for                  80°36′14.92″ W.; thence northeast to
                                                      discusses the effects of this rule                      alternate instructions.                               Point 7 in position 28°24′39.36″ N.,
                                                      elsewhere in this preamble.                                We accept anonymous comments. All                  80°36′13.37″ W.; thence following the
                                                                                                              comments received will be posted                      land based perimeter boundary to the
                                                      F. Environment                                          without change to http://                             point of origin. These coordinates are
                                                        We have analyzed this proposed rule                   www.regulations.gov and will include                  based on North American Datum 1983.
                                                      under Department of Homeland                            any personal information you have                        (b) Definitions. The term ‘‘designated
                                                      Security Management Directive 023–01                    provided. For more about privacy and                  representative’’ means personnel


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                                                      46010                  Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Proposed Rules

                                                      designated by or assisting the Captain of               DATES:  Submit comments on or before                  5). Or if the item is 80 pounds, postage
                                                      the Port (COTP) Jacksonville in the                     November 2, 2017.                                     would be collected on the additional 10
                                                      enforcement of the security zone. This                  ADDRESSES: Mail or deliver written                    pounds. This would appear to provide
                                                      includes Coast Guard Patrol                             comments to the manager, Product                      the Postal Service with at least some
                                                      Commanders, Coast Guard coxswains,                      Classification, U.S. Postal Service, 475              degree of reimbursement for the extra
                                                      petty officers, and other officers                      L’Enfant Plaza SW., Room 4446,                        service provided.
                                                      operating Coast Guard vessels and                       Washington, DC 20260–5015. If sending                   As a further deterrent, another
                                                      federal, state, and local law officers                  comments by email, include the name                   possibility would be to charge not only
                                                      designated by or assisting the COTP                     and address of the commenter and send                 additional postage, but an additional
                                                      Jacksonville in the enforcement of                      to ProductClassification@usps.gov, with               penalty fee (perhaps $20.00). Thus, for
                                                      regulated navigation areas and security                 a subject line of ‘‘Overweight Parcels.’’             an 80 pound parcel the total amount
                                                      zones.                                                  Faxed comments are not accepted.                      due would include the postage payment
                                                         (c) Regulations.                                        You may inspect and photocopy all                  for 70 pounds, a postage surcharge for
                                                         (1) The general regulations governing                written comments, by appointment                      the additional 10 pounds and a $20
                                                      security zones found in 33 CFR 165.33                   only, at USPS® Headquarters Library,                  penalty.
                                                      apply to the security zones described in                475 L’Enfant Plaza SW., 11th Floor                      Since HAZMAT parcels have lower
                                                      paragraph (a) of this section.                          North, Washington, DC 20260. These                    maximum weight limits, and overweight
                                                         (2) All persons and vessels are                      records are available for review on                   HAZMAT parcels may pose additional
                                                      prohibited from entering, transiting                    Monday through Friday, 9 a.m.–4 p.m.,                 safety challenges, it would seem
                                                      through, anchoring in, or remaining                     by calling 202–268–2906.                              appropriate to provide an additional
                                                      within the security zone unless                         FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                    element of deterrence with regard to the
                                                      authorized by the COTP Jacksonville or                  Direct questions or comments to Lizbeth               mailing of such items. Thus, for
                                                      a designated representative.                            J. Dobbins by email at lizbeth.j.dobbins@             example, if a 65-pound HAZMAT
                                                         (3) Persons desiring to enter, transit               usps.gov or phone (202) 268–3789.                     package exceeded the maximum weight
                                                      through, anchor in, or remain within the                                                                      limit of 25 pounds, the amount due
                                                                                                              SUPPLEMENTARY INFORMATION:
                                                      security zone may request permission                                                                          might include not only the postage on
                                                      from the COTP Jacksonville by                           The Challenge of Overweight Parcels                   the actual weight of the package, but an
                                                      telephone at 904–714–7557, or a                            Overweight parcels should never be                 additional surcharge of $20.00 for each
                                                      designated representative via VHF–FM                    accepted for delivery into the postal                 10 pounds (or fraction thereof) in excess
                                                      radio on channel 16. If authorization is                network. On occasion an item, such as                 of the applicable weight limit.
                                                      granted, all persons and vessels                                                                                We look forward to feedback on this
                                                                                                              a returns parcel, gets into the Postal
                                                      receiving such authorization must                                                                             important safety issue.
                                                                                                              network and arrives at a destination
                                                      comply with the instructions of the                     plant or post office. It is unsafe to return          Stanley F. Mires,
                                                      COTP Jacksonville or the designated                     the item back through the postal                      Attorney, Federal Compliance.
                                                      representative.                                         network so the receiving office contacts              [FR Doc. 2017–21150 Filed 10–2–17; 8:45 am]
                                                        Dated: September 28, 2017.                            the customer and asks the customer to                 BILLING CODE 7710–12–P
                                                      T.C. Wiemers,                                           pick up the package. Sometimes the
                                                      Captain, U.S. Coast Guard, Captain of the               package is abandoned which creates
                                                      Port Jacksonville.                                      another safety issue trying to dispose of             ENVIRONMENTAL PROTECTION
                                                      [FR Doc. 2017–21230 Filed 10–2–17; 8:45 am]             the overweight item.                                  AGENCY
                                                      BILLING CODE 9110–04–P                                     Part of the challenge is that we do not
                                                                                                              want overweight items at any time since               40 CFR Part 52
                                                                                                              these items cause numerous safety
                                                                                                              issues and we strongly discourage                     [EPA–R03–OAR–2017–0396; FRL–9968–53–
                                                      POSTAL SERVICE                                          mailers from entering them into the                   Region 3]
                                                                                                              postal system. We do not accept them at               Approval and Promulgation of Air
                                                      39 CFR Part 111
                                                                                                              postal retail counters either and yet,                Quality Implementation Plans;
                                                      Overweight Parcels                                      these items still get into the postal                 Maryland; 2011 Base Year Inventory
                                                                                                              system.                                               for the 2008 8-Hour Ozone National
                                                      AGENCY:    Postal ServiceTM.                               In order to discourage unsafe                      Ambient Air Quality Standard for the
                                                      ACTION:   Request for comments.                         practices, the Postal Service is seeking              Baltimore, Maryland Nonattainment
                                                                                                              input from the mailing community                      Area
                                                      SUMMARY:   The Postal Service is                        about how to prevent overweight
                                                      contemplating amendment of the                          packages from entering the postal                     AGENCY:  Environmental Protection
                                                      Mailing Standards of the United States                  system, and if they get into the postal               Agency (EPA).
                                                      Postal Service, Domestic Mail Manual                    system, the appropriate postage to be                 ACTION: Proposed rule.
                                                      (DMM®), to address the challenges                       paid. The maximum weight for postage
                                                      presented by overweight parcels that                    payment is 70 pounds.                                 SUMMARY:   The Environmental Protection
                                                      make their way into the postal network.                                                                       Agency (EPA) proposes to approve, as a
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                                                      To aid us in this effort, we are                        Suggested Remedies                                    state implementation plan (SIP)
                                                      requesting comments from the postal                       One partial remedy would be to assess               revision, the 2011 base year inventory
                                                      community regarding a variety of                        additional postage on overweight                      for the Baltimore, Maryland moderate
                                                      suggested actions to resolve or                         parcels discovered in the postal                      nonattainment area for the 2008 8-hour
                                                      ameliorate this problem. Overweight                     network. Thus, if a package weight is 75              ozone national ambient air quality
                                                      parcels for the purpose of this notice are              pounds, and it arrives at the destination             standard (NAAQS) submitted by the
                                                      defined as anything in excess of 70                     office, with postage calculated at 70                 State of Maryland through the Maryland
                                                      pounds or the maximum weight allowed                    pounds, an additional 5 pounds worth                  Department of the Environment (MDE).
                                                      for HAZMAT.                                             of postage could be collected (70 plus                In the Final Rules section of this issue


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Document Created: 2017-10-03 01:01:50
Document Modified: 2017-10-03 01:01:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before November 3, 2017.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant Allan Storm, Sector Jacksonville, Waterways Management Division, U.S. Coast Guard; telephone (904) 714-7616, email [email protected]
FR Citation82 FR 46007 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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