82_FR_47570 82 FR 47374 - Safety Zone; Sector Key West COTP Zone Post Storm Recovery, Atlantic Ocean, FL

82 FR 47374 - Safety Zone; Sector Key West COTP Zone Post Storm Recovery, Atlantic Ocean, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 196 (October 12, 2017)

Page Range47374-47376
FR Document2017-22040

The Coast Guard has established a temporary safety zone for certain waters within the Sector Key West Captain of the Port (COTP) Zone. Vessels are prohibited from entering into, anchoring, loitering, or movement within a safety zone around salvage or pollution removal vessels in the Florida Keys. These temporary regulations are necessary for the safety of persons, vessels, and property due to the large volume of debris, sunken vessels and salvage operations associated with Hurricane Irma. We invite your comments on this rulemaking.

Federal Register, Volume 82 Issue 196 (Thursday, October 12, 2017)
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47374-47376]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22040]



[[Page 47374]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0939]
RIN 1625-AA00


Safety Zone; Sector Key West COTP Zone Post Storm Recovery, 
Atlantic Ocean, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule; request for comments.

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

SUMMARY: The Coast Guard has established a temporary safety zone for 
certain waters within the Sector Key West Captain of the Port (COTP) 
Zone. Vessels are prohibited from entering into, anchoring, loitering, 
or movement within a safety zone around salvage or pollution removal 
vessels in the Florida Keys. These temporary regulations are necessary 
for the safety of persons, vessels, and property due to the large 
volume of debris, sunken vessels and salvage operations associated with 
Hurricane Irma. We invite your comments on this rulemaking.

DATES: This rule is effective without actual notice from October 12, 
2017 through December 1, 2017. For the purposes of enforcement, actual 
notice will be used from October 5, 2017 until October 12, 2017. 
Comments and related materials must be received by the Coast Guard on 
or before November 13, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0939 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 
rulemaking, call or email Lieutenant Scott Ledee, Waterways Management 
Division Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305) 
292-8768, email SKWWaterways@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because insufficient time remains to publish 
an NPRM and to receive public comments, as Hurricane Irma has already 
caused significant damage to vessels and property in the Sector Key 
West COTP Zone leaving underwater debris and sunken vessels around the 
Florida Keys. The safety zone is necessary to provide for the safety of 
persons, vessels, and property from the hazards posed by sunken vessels 
and debris. For those reasons, it would be impracticable and contrary 
to the public interest to publish an NPRM.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making it effective less than 30 days after publication in 
the Federal Register. Any delay in the effective date of this rule 
would be contrary to the public interest because immediate action is 
needed to respond to the potential hazards associated with hurricane 
debris.
    The Coast Guard is soliciting public comments on this temporary 
interim rule. Although we need to make this interim rule effective 
starting October 5, 2017, we will consider public comments and may 
issue a temporary final rule that will supersede this interim rule 
based on comments received.

III. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material 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, visit http://www.regulations.gov/privacyNotice. Documents 
mentioned in this rule 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.

IV. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP Key West has determined that potential hazards 
associated with salvage operations and hurricane debris will be a 
safety concern for persons, vessels, and property within the waters of 
the ports mentioned above. This rule is necessary to protect persons, 
vessels, and property on the navigable waters within the safety zone 
while cleanup efforts are underway.

V. Discussion of the Rule

    Vessels are prohibited from entering into, anchoring, loitering, or 
movement within a safety zone around salvage or pollution removal 
vessels in the Florida Keys. These temporary regulations are necessary 
for the safety of persons, vessels, and property due to the large 
volume of debris, sunken vessels and salvage operations associated with 
Hurricane Irma.
    The COTP Key West will continue to evaluate conditions in the 
waters in the vicinity of the Florida Keys and may stop enforcing this 
rule earlier if the conditions permit. The Coast Guard will provide 
notification of the safety zone to the local maritime community by 
Marine Safety Information Bulletins, Broadcast Notice to Mariners, and 
on-scene designated representatives.

VI. Regulatory Analyses

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

[[Page 47375]]

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the following 
reasons: The safety zone is of a small diameter around salvage and 
pollution recovery vessels and wreckage, and the Coast Guard will 
provide notice of the safety zones to the local maritime community by 
Marine Safety Information Bulletins, Broadcast Notice to Mariners, and 
designated on-scene representatives.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
VI.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 Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone from which vessels are excluded. 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 in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T07-0939 to read as follows:


Sec.  165.T07-0939  Safety Zone; Sector Key West COTP Zone Post Storm 
Recovery, Atlantic Ocean, FL.

    (a) Location. The following area is a safety zone: All waters 
within 100 yards of all salvage vessels and pollution recovery vessels 
operating within 1 nautical mile of land in the Captain of the Port 
(COTP) Key West.
    (b) Definition. As used in this section, the term ``designated 
representative'' includes Coast Guard coxswains, petty officers, and 
other officers operating Coast Guard vessels, and Federal, state,

[[Page 47376]]

and local officers designated by or assisting the COTP Key West in the 
enforcement of the safety zone.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
safety zone unless authorized by the COTP Key West or a designated 
representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the safety zone may contact the COTP Key West by 
telephone at (305) 292-8727, or a designated representative via VHF-FM 
radio on channel 16 to request authorization. If authorization is 
granted, all persons and vessels receiving such authorization must 
comply with the instructions of the COTP Key West or a designated 
representative.
    (d) Enforcement period. This rule will be enforced from 5 p.m. on 
October 5, 2017 through 8 a.m. on December 1, 2017, unless sooner 
terminated by the COTP Key West.

    Dated: October 5, 2017.
Jeffrey A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2017-22040 Filed 10-11-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                47374            Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations

                                                DEPARTMENT OF HOMELAND                                  II. Background Information and                        www.regulations.gov. If your material
                                                SECURITY                                                Regulatory History                                    cannot be submitted using http://
                                                                                                           The Coast Guard is issuing this                    www.regulations.gov, contact the person
                                                Coast Guard                                                                                                   in the FOR FURTHER INFORMATION
                                                                                                        temporary rule without prior notice and
                                                                                                                                                              CONTACT section of this document for
                                                                                                        opportunity to comment pursuant to
                                                33 CFR Part 165                                                                                               alternate instructions.
                                                                                                        authority under section 4(a) of the
                                                                                                                                                                 We accept anonymous comments. All
                                                                                                        Administrative Procedure Act (APA) (5
                                                [Docket Number USCG–2017–0939]                                                                                comments received will be posted
                                                                                                        U.S.C. 553(b)). This provision
                                                                                                                                                              without change to http://
                                                                                                        authorizes an agency to issue a rule
                                                                                                                                                              www.regulations.gov and will include
                                                RIN 1625–AA00                                           without prior notice and opportunity to
                                                                                                                                                              any personal information you have
                                                                                                        comment when the agency for good
                                                Safety Zone; Sector Key West COTP                                                                             provided. For more about privacy and
                                                                                                        cause finds that those procedures are
                                                Zone Post Storm Recovery, Atlantic                                                                            the docket, visit http://
                                                                                                        ‘‘impracticable, unnecessary, or contrary
                                                Ocean, FL                                                                                                     www.regulations.gov/privacyNotice.
                                                                                                        to the public interest.’’ Under 5 U.S.C.
                                                                                                                                                              Documents mentioned in this rule as
                                                                                                        553(b)(B), the Coast Guard finds that
                                                AGENCY:    Coast Guard, DHS.                                                                                  being available in the docket, and all
                                                                                                        good cause exists for not publishing a
                                                                                                                                                              public comments, will be in our online
                                                ACTION:Temporary interim rule; request                  notice of proposed rulemaking (NPRM)
                                                                                                                                                              docket at http://www.regulations.gov
                                                for comments.                                           with respect to this rule because
                                                                                                                                                              and can be viewed by following that
                                                                                                        insufficient time remains to publish an
                                                SUMMARY:   The Coast Guard has                                                                                Web site’s instructions. Additionally, if
                                                                                                        NPRM and to receive public comments,
                                                established a temporary safety zone for                                                                       you go to the online docket and sign up
                                                                                                        as Hurricane Irma has already caused
                                                certain waters within the Sector Key                                                                          for email alerts, you will be notified
                                                                                                        significant damage to vessels and
                                                West Captain of the Port (COTP) Zone.                                                                         when comments are posted or a final
                                                                                                        property in the Sector Key West COTP
                                                Vessels are prohibited from entering                                                                          rule is published.
                                                                                                        Zone leaving underwater debris and
                                                into, anchoring, loitering, or movement                 sunken vessels around the Florida Keys.               IV. Legal Authority and Need for Rule
                                                within a safety zone around salvage or                  The safety zone is necessary to provide                  The Coast Guard is issuing this rule
                                                pollution removal vessels in the Florida                for the safety of persons, vessels, and               under authority in 33 U.S.C. 1231. The
                                                Keys. These temporary regulations are                   property from the hazards posed by                    COTP Key West has determined that
                                                necessary for the safety of persons,                    sunken vessels and debris. For those                  potential hazards associated with
                                                vessels, and property due to the large                  reasons, it would be impracticable and                salvage operations and hurricane debris
                                                volume of debris, sunken vessels and                    contrary to the public interest to publish            will be a safety concern for persons,
                                                salvage operations associated with                      an NPRM.                                              vessels, and property within the waters
                                                Hurricane Irma. We invite your                             Under 5 U.S.C. 553(d)(3), the Coast                of the ports mentioned above. This rule
                                                comments on this rulemaking.                            Guard finds that good cause exists for                is necessary to protect persons, vessels,
                                                DATES:  This rule is effective without                  making it effective less than 30 days                 and property on the navigable waters
                                                actual notice from October 12, 2017                     after publication in the Federal                      within the safety zone while cleanup
                                                through December 1, 2017. For the                       Register. Any delay in the effective date             efforts are underway.
                                                purposes of enforcement, actual notice                  of this rule would be contrary to the
                                                                                                        public interest because immediate                     V. Discussion of the Rule
                                                will be used from October 5, 2017 until
                                                October 12, 2017. Comments and related                  action is needed to respond to the                      Vessels are prohibited from entering
                                                materials must be received by the Coast                 potential hazards associated with                     into, anchoring, loitering, or movement
                                                Guard on or before November 13, 2017.                   hurricane debris.                                     within a safety zone around salvage or
                                                                                                           The Coast Guard is soliciting public               pollution removal vessels in the Florida
                                                ADDRESSES:   To view documents                          comments on this temporary interim                    Keys. These temporary regulations are
                                                mentioned in this preamble as being                     rule. Although we need to make this                   necessary for the safety of persons,
                                                available in the docket, go to http://                  interim rule effective starting October 5,            vessels, and property due to the large
                                                www.regulations.gov, type USCG–2017–                    2017, we will consider public comments                volume of debris, sunken vessels and
                                                0939 in the ‘‘SEARCH’’ box and click                    and may issue a temporary final rule                  salvage operations associated with
                                                ‘‘SEARCH.’’ Click on Open Docket                        that will supersede this interim rule                 Hurricane Irma.
                                                Folder on the line associated with this                 based on comments received.                             The COTP Key West will continue to
                                                rule.                                                                                                         evaluate conditions in the waters in the
                                                                                                        III. Public Participation and Request for
                                                FOR FURTHER INFORMATION CONTACT:    If                  Comments                                              vicinity of the Florida Keys and may
                                                you have questions on this rulemaking,                                                                        stop enforcing this rule earlier if the
                                                call or email Lieutenant Scott Ledee,                     We view public participation as                     conditions permit. The Coast Guard will
                                                Waterways Management Division Chief,                    essential to effective rulemaking, and                provide notification of the safety zone to
                                                Sector Key West, FL, U.S. Coast Guard;                  will consider all comments and material               the local maritime community by
                                                telephone (305) 292–8768, email                         received during the comment period.                   Marine Safety Information Bulletins,
                                                SKWWaterways@uscg.mil.                                  Your comment can help shape the                       Broadcast Notice to Mariners, and on-
                                                                                                        outcome of this rulemaking. If you                    scene designated representatives.
                                                SUPPLEMENTARY INFORMATION:                              submit a comment, please include the
                                                                                                        docket number for this rulemaking,                    VI. Regulatory Analyses
                                                I. Table of Abbreviations
jstallworth on DSKBBY8HB2PROD with RULES




                                                                                                        indicate the specific section of this                   We developed this rule after
                                                CFR Code of Federal Regulations                                                                               considering numerous statutes and
                                                                                                        document to which each comment
                                                DHS Department of Homeland Security
                                                FR Federal Register                                     applies, and provide a reason for each                Executive orders related to rulemaking.
                                                NPRM Notice of proposed rulemaking                      suggestion or recommendation.                         Below we summarize our analyses
                                                § Section                                                 We encourage you to submit                          based on a number of these statutes and
                                                U.S.C. United States Code                               comments through the Federal                          Executive orders, and we discuss First
                                                COTP Captain of the Port                                eRulemaking Portal at http://                         Amendment rights of protestors.


                                           VerDate Sep<11>2014   14:21 Oct 11, 2017   Jkt 244001   PO 00000   Frm 00012   Fmt 4700   Sfmt 4700   E:\FR\FM\12OCR1.SGM   12OCR1


                                                                 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations                                        47375

                                                A. Regulatory Planning and Review                       the Small Business and Agriculture                    F. Environment
                                                   Executive Orders 12866 and 13563                     Regulatory Enforcement Ombudsman                        We have analyzed this rule under
                                                direct agencies to assess the costs and                 and the Regional Small Business                       Department of Homeland Security
                                                benefits of available regulatory                        Regulatory Fairness Boards. The                       Management Directive 023–01 and
                                                alternatives and, if regulation is                      Ombudsman evaluates these actions                     Commandant Instruction M16475.lD,
                                                necessary, to select regulatory                         annually and rates each agency’s                      which guide the Coast Guard in
                                                approaches that maximize net benefits.                  responsiveness to small business. If you              complying with the National
                                                Executive Order 13771 directs agencies                  wish to comment on actions by                         Environmental Policy Act of 1969 (42
                                                to control regulatory costs through a                   employees of the Coast Guard, call 1–                 U.S.C. 4321–4370f), and have
                                                budgeting process. This rule has not                    888–REG–FAIR (1–888–734–3247). The                    determined that this action is one of a
                                                been designated a ‘‘significant                         Coast Guard will not retaliate against                category of actions that do not
                                                regulatory action,’’ under Executive                    small entities that question or complain              individually or cumulatively have a
                                                Order 12866. Accordingly, this rule has                 about this rule or any policy or action               significant effect on the human
                                                not been reviewed by the Office of                      of the Coast Guard.                                   environment. This rule involves a safety
                                                Management and Budget (OMB), and                        C. Collection of Information                          zone from which vessels are excluded.
                                                pursuant to OMB guidance it is exempt                                                                         This rule is categorically excluded from
                                                from the requirements of Executive                        This rule will not call for a new                   further review under paragraph 34(g) of
                                                Order 13771.                                            collection of information under the                   Figure 2–1 of the Commandant
                                                   This regulatory action determination                 Paperwork Reduction Act of 1995 (44                   Instruction. A Record of Environmental
                                                is based on the following reasons: The                  U.S.C. 3501–3520).                                    Consideration supporting this
                                                safety zone is of a small diameter                                                                            determination is available in the docket
                                                                                                        D. Federalism and Indian Tribal                       where indicated under ADDRESSES.
                                                around salvage and pollution recovery
                                                                                                        Governments
                                                vessels and wreckage, and the Coast                                                                           G. Protest Activities
                                                Guard will provide notice of the safety                    A rule has implications for federalism
                                                zones to the local maritime community                                                                           The Coast Guard respects the First
                                                                                                        under Executive Order 13132,
                                                by Marine Safety Information Bulletins,                                                                       Amendment rights of protesters.
                                                                                                        Federalism, if it has a substantial direct
                                                Broadcast Notice to Mariners, and                                                                             Protesters are asked to contact the
                                                                                                        effect on the States, on the relationship
                                                designated on-scene representatives.                                                                          person listed in the FOR FURTHER
                                                                                                        between the national government and
                                                                                                                                                              INFORMATION CONTACT section to
                                                B. Impact on Small Entities                             the States, or on the distribution of
                                                                                                                                                              coordinate protest activities so that your
                                                                                                        power and responsibilities among the
                                                   The Regulatory Flexibility Act of                                                                          message can be received without
                                                                                                        various levels of government. We have
                                                1980, 5 U.S.C. 601–612, as amended,                                                                           jeopardizing the safety or security of
                                                                                                        analyzed this rule under that Order and
                                                requires Federal agencies to consider                                                                         people, places or vessels.
                                                                                                        have determined that it is consistent
                                                the potential impact of regulations on                  with the fundamental federalism                       List of Subjects in 33 CFR Part 165
                                                small entities during rulemaking. The                   principles and preemption requirements
                                                term ‘‘small entities’’ comprises small                                                                         Harbors, Marine safety, Navigation
                                                                                                        described in Executive Order 13132.                   (water), Reporting and recordkeeping
                                                businesses, not-for-profit organizations
                                                that are independently owned and                           Also, this rule does not have tribal               requirements, Security measures,
                                                operated and are not dominant in their                  implications under Executive Order                    Waterways.
                                                fields, and governmental jurisdictions                  13175, Consultation and Coordination                    For the reasons discussed in the
                                                with populations of less than 50,000.                   with Indian Tribal Governments,                       preamble, the Coast Guard amends 33
                                                The Coast Guard certifies under 5 U.S.C.                because it does not have a substantial                CFR part 165 as follows:
                                                605(b) that this rule will not have a                   direct effect on one or more Indian
                                                significant economic impact on a                        tribes, on the relationship between the               PART 165—REGULATED NAVIGATION
                                                substantial number of small entities.                   Federal Government and Indian tribes,                 AREAS AND LIMITED ACCESS AREAS
                                                   While some owners or operators of                    or on the distribution of power and
                                                                                                        responsibilities between the Federal                  ■ 1. The authority citation for part 165
                                                vessels intending to transit the safety                                                                       continues to read as follows:
                                                zone may be small entities, for the                     Government and Indian tribes. If you
                                                reasons stated in section VI.A above,                   believe this rule has implications for                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191,
                                                                                                        federalism or Indian tribes, please                   33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and
                                                this rule will not have a significant                                                                         Department of Homeland Security Delegation
                                                economic impact on any vessel owner                     contact the person listed in the FOR
                                                                                                                                                              No. 0170.1.
                                                or operator.                                            FURTHER INFORMATION CONTACT section
                                                   Under section 213(a) of the Small                    above.                                                ■ 2. Add § 165.T07–0939 to read as
                                                Business Regulatory Enforcement                                                                               follows:
                                                                                                        E. Unfunded Mandates Reform Act
                                                Fairness Act of 1996 (Pub. L. 104–121),                                                                       § 165.T07–0939 Safety Zone; Sector Key
                                                we want to assist small entities in                       The Unfunded Mandates Reform Act                    West COTP Zone Post Storm Recovery,
                                                understanding this rule. If the rule                    of 1995 (2 U.S.C. 1531–1538) requires                 Atlantic Ocean, FL.
                                                would affect your small business,                       Federal agencies to assess the effects of               (a) Location. The following area is a
                                                organization, or governmental                           their discretionary regulatory actions. In            safety zone: All waters within 100 yards
                                                jurisdiction and you have questions                     particular, the Act addresses actions                 of all salvage vessels and pollution
                                                concerning its provisions or options for                that may result in the expenditure by a               recovery vessels operating within 1
jstallworth on DSKBBY8HB2PROD with RULES




                                                compliance, please contact the person                   State, local, or tribal government, in the            nautical mile of land in the Captain of
                                                listed in the FOR FURTHER INFORMATION                   aggregate, or by the private sector of                the Port (COTP) Key West.
                                                CONTACT section.                                        $100,000,000 (adjusted for inflation) or                (b) Definition. As used in this section,
                                                   Small businesses may send comments                   more in any one year. Though this rule                the term ‘‘designated representative’’
                                                on the actions of Federal employees                     will not result in such an expenditure,               includes Coast Guard coxswains, petty
                                                who enforce, or otherwise determine                     we do discuss the effects of this rule                officers, and other officers operating
                                                compliance with, Federal regulations to                 elsewhere in this preamble.                           Coast Guard vessels, and Federal, state,


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                                                47376            Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations

                                                and local officers designated by or                     the removal of a volatile organic                     October 28, 2016, and March 24, 2017.
                                                assisting the COTP Key West in the                      compounds (VOC) bubble rule.                          Approval of Kentucky’s March 21, 2011,
                                                enforcement of the safety zone.                         DATES: This rule will be effective                    submission, with the modifications from
                                                   (c) Regulations. (1) All persons and                 November 13, 2017.                                    the October 29, 2013, October 28, 2016,
                                                vessels are prohibited from entering,                   ADDRESSES: EPA has established a                      and March 24, 2017, submissions,
                                                transiting through, anchoring in, or                    docket for this action under Docket                   would: (1) Make several changes to
                                                remaining within the safety zone unless                 Identification No. EPA–R04–OAR–                       Regulation 6.29, Standard of
                                                authorized by the COTP Key West or a                    2017–0356. All documents in the docket                Performance for Graphic Arts Facilities
                                                designated representative.                              are listed on the www.regulations.gov                 Using Rotogravure or Flexographic
                                                   (2) Persons and vessels desiring to                  Web site. Although listed in the index,               Printing; (2) remove Regulation 7.57,
                                                enter, transit through, anchor in, or                   some information is not publicly                      Standard of Performance for New
                                                remain within the safety zone may                       available, i.e., Confidential Business                Graphic Arts Facilities Using
                                                contact the COTP Key West by                            Information or other information whose                Rotogravure or Flexographic Printing;
                                                telephone at (305) 292–8727, or a                       disclosure is restricted by statute.                  (3) incorporate Amendment 4 to the
                                                designated representative via VHF–FM                    Certain other material, such as                       Louisville Medical Steam Plant NOX
                                                radio on channel 16 to request                          copyrighted material, is not placed on                RACT Board Order into the Jefferson
                                                authorization. If authorization is                      the Internet and will be publicly                     County portion of the Kentucky SIP; (4)
                                                granted, all persons and vessels                        available only in hard copy form.                     incorporate Amendment 3 to the Texas
                                                receiving such authorization must                       Publicly available docket materials are               Gas Transmission NOX RACT Board
                                                comply with the instructions of the                     available either electronically through               Order into the Jefferson County portion
                                                COTP Key West or a designated                           www.regulations.gov or in hard copy at                of the Kentucky SIP; and (5) remove a
                                                representative.                                         the Air Regulatory Management Section,                VOC bubble rule for the General Electric
                                                   (d) Enforcement period. This rule will               Air Planning and Implementation                       plant in Louisville, Kentucky. The
                                                be enforced from 5 p.m. on October 5,                   Branch, Air, Pesticides and Toxics                    details of Kentucky’s SIP revisions and
                                                2017 through 8 a.m. on December 1,                      Management Division, U.S.                             the rationale for EPA’s action are
                                                2017, unless sooner terminated by the                   Environmental Protection Agency,                      explained in the proposed rulemaking.
                                                COTP Key West.                                          Region 4, 61 Forsyth Street SW.,                      Comments on the proposed rulemaking
                                                                                                        Atlanta, Georgia 30303–8960. EPA                      were due on or before September 11,
                                                  Dated: October 5, 2017.
                                                                                                        requests that if at all possible, you                 2017. EPA did not receive any
                                                Jeffrey A. Janszen,                                                                                           comments on the proposed action,
                                                Captain, U.S. Coast Guard, Captain of the               contact the person listed in the FOR
                                                                                                                                                              adverse or otherwise.
                                                Port Key West.                                          FURTHER INFORMATION CONTACT section to
                                                [FR Doc. 2017–22040 Filed 10–11–17; 8:45 am]            schedule your inspection. The Regional                II. Incorporation by Reference
                                                BILLING CODE 9110–04–P
                                                                                                        Office’s official hours of business are                  In this rule, EPA is finalizing
                                                                                                        Monday through Friday 8:30 a.m. to                    regulatory text that includes
                                                                                                        4:30 p.m., excluding Federal holidays.                incorporation by reference. In
                                                                                                        FOR FURTHER INFORMATION CONTACT: Joel                 accordance with requirements of 1 CFR
                                                ENVIRONMENTAL PROTECTION
                                                AGENCY                                                  Huey, Air Planning and Implementation                 51.5, EPA is finalizing the incorporation
                                                                                                        Branch, Air, Pesticides and Toxics                    by reference of Jefferson County’s
                                                40 CFR Part 52                                          Management Division, U.S.                             Regulation 6.29, Standard of
                                                                                                        Environmental Protection Agency,                      Performance for Graphic Arts Facilities
                                                [EPA–R04–OAR–2017–0356; FRL–9963–19–                    Region 4, 61 Forsyth Street SW.,                      Using Rotogravure or Flexographic
                                                Region 4]
                                                                                                        Atlanta, Georgia 30303–8960 or Andres                 Printing, effective August 21, 2013;
                                                Air Plan Approval; KY; Miscellaneous                    Febres, Air Regulatory Management                     ‘‘Board Order Texas Gas Transmission’’
                                                Source Specific Revisions for                           Section, Air Planning and                             NOX RACT Plan, effective May 18, 2016;
                                                Jefferson County                                        Implementation Branch, Air, Pesticides                and ‘‘Board Order Louisville Medical
                                                                                                        and Toxics Management Division, U.S.                  Center Steam Plant’’ NOX RACT Plan,
                                                AGENCY:  Environmental Protection                       Environmental Protection Agency,                      effective January 18, 2017. EPA has
                                                Agency (EPA).                                           Region 4, 61 Forsyth Street SW.,                      made, and will continue to make, these
                                                ACTION: Final rule.                                     Atlanta, Georgia 30303–8960. Mr. Huey                 materials generally available through
                                                                                                        can be reached by telephone at (404)                  www.regulations.gov and/or at the EPA
                                                SUMMARY:   The Environmental Protection                 562–9104 or via electronic mail at                    Region 4 Office (please contact the
                                                Agency (EPA) is taking final action to                  huey.joel@epa.gov. Mr. Febres can be                  person identified in the FOR FURTHER
                                                approve revisions to the Kentucky State                 reached by telephone at (404) 562–8966                INFORMATION CONTACT section of this
                                                Implementation Plan (SIP), submitted                    or via electronic mail at febres-                     preamble for more information).
                                                by the Commonwealth of Kentucky,                        martinez.andres@epa.gov.                              Therefore, these materials have been
                                                through the Kentucky Division for Air                   SUPPLEMENTARY INFORMATION:                            approved by EPA for inclusion into
                                                Quality (KDAQ), on March 21, 2011,                                                                            Kentucky’s SIP, have been incorporated
                                                October 29, 2013, October 28, 2016, and                 I. Background                                         by reference by EPA into that plan, are
                                                March 24, 2017. The revisions were                         In an August 10, 2017, proposed                    fully federally-enforceable under
                                                submitted by KDAQ on behalf of the                      rulemaking, EPA proposed to approve                   sections 110 and 113 of the Clean Air
                                                Louisville Metro Air Pollution Control                  changes to the Jefferson County portion               Act (CAA or Act) as of the effective date
jstallworth on DSKBBY8HB2PROD with RULES




                                                District, which has jurisdiction over                   of the Kentucky SIP that were received                of the final rulemaking of EPA’s
                                                Jefferson County, Kentucky. The                         by EPA on March 21, 2011. 82 FR                       approval, and will be incorporated by
                                                revisions include changes to Jefferson                  37375. The August 10, 2017, rulemaking                reference by the Director of the Federal
                                                County Regulations regarding                            proposed to approve the March 21,                     Register in the next update to the SIP
                                                Reasonably Available Control                            2011, SIP revision with modifications                 compilation.1
                                                Technology (RACT) for two major                         made through three addition submittals
                                                sources of nitrogen oxides (NOx) and                    received by EPA on October 29, 2013,                    1 62   FR 27968 (May 22, 1997).



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Document Created: 2018-10-25 10:05:32
Document Modified: 2018-10-25 10:05:32
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 interim rule; request for comments.
DatesThis rule is effective without actual notice from October 12, 2017 through December 1, 2017. For the purposes of enforcement, actual notice will be used from October 5, 2017 until October 12, 2017. Comments and related materials must be received by the Coast Guard on or before November 13, 2017.
ContactIf you have questions on this rulemaking, call or email Lieutenant Scott Ledee, Waterways Management Division Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305) 292-8768, email [email protected]
FR Citation82 FR 47374 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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