82 FR 49110 - Safety Zone; Mamala Bay, Oahu, HI
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 204 (October 24, 2017)
Coast Guard
Federal Register Volume 82, Issue 204 (October 24, 2017)
| Page Range | 49110-49113 | |
| FR Document | 2017-22992 |
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)] [Rules and Regulations] [Pages 49110-49113] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22992] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0982] RIN 1625-AA00 Safety Zone; Mamala Bay, Oahu, HI AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: On October 10, 2017, the fishing vessel PACIFIC PARADISE ran aground off of the navigable waters of Mamala Bay near Waikiki at Kaimana Beach, Oahu, Hawaii. On October 11, 2017, the Coast Guard established for seven days a temporary safety zone encompassing all waters extending 500 yards in all directions around the grounded fishing vessel located approximately 350 yards southwest of Kaimana Beach in position 21[deg]15.69' N.; 157[deg]49.49' W. to assist with vessel salvage operations. On October 18, 2017 the Coast Guard will extend the safety zone for two additional weeks while salvage operations continue. The temporary safety zone currently stationary around the grounded vessel will become a moving safety zone during the salvage and removal operation and remain a moving safety zone so until the towing operation is complete. During salvage and removal operations, the zone will continue to [[Page 49111]] encompass 500 yards in all directions around the vessel at all times. When salvage tow operations commence, the Coast Guard will provide notice via a broadcast notice to mariners. The extension of this safety zone and shift to a moving safety zone during salvage and removal are necessary to protect personnel, vessels and the marine environment from potential hazards associated with ongoing operations to remove a grounded vessel in this area. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Honolulu. DATES: This rule is effective without actual notice from October 24, 2017 until 8:00 a.m. on November 1, 2017. For the purposes of enforcement, actual notice will be used from 8:00 a.m. on October 18, 2017, until October 24, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2017-0982 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Commander John Bannon, Waterways Management Division, U.S. Coast Guard Sector Honolulu at (808) 541-4359 or [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section TFR Temporary final rule U.S.C. United States Code II. Background Information and Regulatory History On October 11, 2017, the Coast Guard established a safety zone in the navigable waters of Mamala Bay, Oahu, HI, due to the October 10, 2017 grounding of the fishing vessel PACIFIC PARADISE. The purpose of the safety zone was to protect personnel, vessels and the marine environment from the hazards associated with the ongoing operations to salvage a grounded fishing vessel near Waikiki's Kaimana Beach. Ongoing challenges with the salvage efforts necessitate a two-week extension to the TFR. Once the vessel is removed from the reef for final disposition, the safety zone shall shift from a stationary zone to a moving safety zone. The 500 yard distance in all directions from the vessel shall remain in force at all times until the tow operation is complete and the zone is terminated. The Coast Guard is extending the existing TFR safety zone 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 the initial estimate to salvage the vessel from the grounding was estimated at one week or less. Immediate action remains needed to respond to the safety hazards associated with this fishing vessel salvage effort for an estimated additional two weeks. Therefore, publishing an NPRM is impracticable and contrary to public interest. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule pursuant to 33 U.S.C. 1231. On October 10, 2017, the Coast Guard was informed the fishing vessel PACIFIC PARADISE, ran aground in Mamala Bay, Oahu, Hawaii, near Waikiki's Kaimana Beach. Coast Guard COTP Sector Honolulu determined that potential hazards associated with the salvage and removal operations constituted a safety concern for anyone within the designated safety zone. This rule is necessary to protect personnel, vessels, and the marine environment within the navigable waters of the safety zone during ongoing salvage and removal operations. Salvage and removal operations involve removing the grounded vessel from a reef in high winds and seas; hazards include the risk of fire and those associated with towing the disabled vessel for disposition. IV. Discussion of the Rule This rule is effective from 8:00 a.m. on October 18, 2017 through 8:00 a.m. on November 1, 2017, or until salvage operations are complete, whichever is earlier. If the safety zone is terminated prior to 8:00 a.m. on November 1, 2017, the Coast Guard will provide notice via a broadcast notice to mariners. The temporary safety zone encompasses all waters extending 500 yards in all directions around the location of ongoing vessel salvage operations located 350 yards southwest of Kaimana Beach near position: 21[deg]15.69' N.; 157[deg]49.49' W. This zone extends from the surface of the water to the ocean floor. The safety zone is currently stationary around the grounded vessel. During the salvage and removal process, the safety zone will become a moving zone and remain so until the salvage towing operation is complete. The zone shall continue to encompass 500 yards in all directions around the fishing vessel and remain so until the operation is complete. When salvage operations commence, the Coast Guard will provide notice via a broadcast notice to mariners. The zone is intended to protect personnel, vessels, and the marine environment in these navigable waters from potential hazards associated with the salvage and removal of the fishing vessel. No vessel or person will be permitted to enter the safety zone absent the express authorization of the COTP Honolulu or his designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location and duration of the safety zone. Vessel traffic will be able to safely transit around this stationary or moving safety zone, including during the salvage tow, which would impact only a small designated area of the waters off Waikiki Beach where vessel traffic is normally low and open space exists in the area. Moreover, vessels wishing to enter the zone may seek permission as set forth below. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, [[Page 49112]] requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. The safety zone is limited in size and duration, and the location of the grounded vessel is not in an actively used navigable waterway. Once the vessel is free from the reef, the tow evolution will not impact existing waterway users. Furthermore, mariners may request to enter the zone by contacting the COTP. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone extension for duration of two additional weeks, providing for an overall three week estimated safety zone or until the salvage operations is suspended. It is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 165.T14-0982 to read as follows: Sec. 165.T14-0982 Safety Zone; Mamala Bay, Oahu, HI. (a) Location. The safety zone is located within the COTP Honolulu Zone (See 33 CFR 3.70-10) and will encompass all navigable waters extending 500 yards in all directions from the fishing vessel PACIFIC PARADISE located approximately 350 yards southwest of Kaimana Beach, grounded at position: 21[deg]15.69' N.; 157[deg]49.49' W. Once the fishing vessel PACIFIC PARADISE is towed, the safety zone will become a moving safety zone and the 500 yards in all directions from the vessel will be enforced and throughout the moving salvage transit or disposal within Mamala Bay, Keehi Lagoon, or Honolulu Harbor. This zone extends from the surface of the water to the ocean floor. (b) Enforcement period. This rule is effective from 8:00 a.m. on October 18, 2017 through 8:00 a.m. on November 1, 2017, or until salvage recovery operations are complete, whichever is earlier. If the safety zone is terminated prior to 8:00 a.m. on November 1, 2017, the Coast Guard will provide notice via a broadcast notice to mariners. (c) Regulations. The general regulations governing safety zones contained in 33 CFR 165.20, Subpart C, apply to the safety zone created by this temporary final rule. [[Page 49113]] (1) All persons are required to comply with the general regulations governing safety zones found in 33 CFR part 165. (2) Entry into or remaining in this zone is prohibited unless expressly authorized by the COTP Honolulu or his designated representative. (3) Persons desiring to transit the stationary or moving safety zone identified in paragraph (a) of this section may contact the COTP at the Command Center telephone number (808) 842-2600 and (808) 842- 2601, fax (808) 842-2642 or on VHF channel 16 (156.8 Mhz) to seek permission to transit the zone. If permission is granted, all persons and vessels must comply with the instructions of the COTP Honolulu or his designated representative and proceed at the minimum speed necessary to maintain a safe course while in the zone. (4) The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (d) Notice of enforcement. The COTP will provide notice of the enforcement of the safety zone described in this section via verbal broadcasts and written notice to mariners and the general public. (e) Definitions. As used in this section, designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the COTP to assist in enforcing the safety zone described in paragraph (a) of this section. Dated: October 18, 2017. M.C. Long, Captain, U.S. Coast Guard, Captain of the Port Honolulu. [FR Doc. 2017-22992 Filed 10-23-17; 8:45 am] BILLING CODE 9110-04-P
![49110 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations
section of this document to which each 67°37′01.7″ W. and then east along the (d) Penalties. Those who violate this
comment applies, and provide a reason shoreline to a point on land at position section are subject to the penalties set
for each suggestion or recommendation. 44°31′41.3″ N., 67°36′48.9″ W. forth in 33 U.S.C. 1232.
We encourage you to submit 3°10′04.944″ W. and then south across (e) Enforcement period. This RNA’s
comments through the Federal the channel back to the point of origin. speed and beam restrictions are
eRulemaking Portal at http:// These coordinates are based on [NAD enforceable 24 hours a day as long as
www.regulations.gov. If your material 83]. this RNA is in place. The Coast Guard
cannot be submitted using http:// (b) Regulations. The general will enforce waterway closures only
www.regulations.gov, contact the person regulations contained in 33 CFR 165.13 when necessary to protect people and
in the FOR FURTHER INFORMATION apply within the RNA. vessels from hazards associated with
CONTACT section of this document for (1) Any vessel transiting through the bridge construction.
alternate instructions. Beals Island Bridge must make a direct (f) Notification. Coast Guard Sector
We accept anonymous comments. All passage using the main channel under Northern New England will give notice
comments received will be posted the center span. No vessel may stop, through the Local Notice to Mariners
without change to http:// moor, anchor, or loiter within the RNA and Broadcast Notice to Mariners
www.regulations.gov and will include at any time unless they are working on regarding enforcement of this RNA.
any personal information you have the bridge construction or have received Coast Guard Sector Northern New
provided. For more about privacy and prior authorization by the First District England will also notify the public to
the docket, visit http:// Commander or the Captain of the Port the greatest extent possible of any
www.regulations.gov/privacyNotice. (COTP), Sector Northern New England, period in which the Coast Guard will
Documents mentioned in this TFR as or his designated representative. suspend enforcement of this RNA.
being available in the docket, and all (2) Movement within this RNA is
subject to a ‘‘Slow-No Wake’’ speed Dated: October 12, 2017.
public comments, will be in our online
limit. No vessels may produce a wake S.D. Poulin,
docket at http://www.regulations.gov
and can be viewed by following that nor attain speeds greater than five (5) Rear Admiral, U.S. Coast Guard, Commander,
knots unless a higher minimum speed is First Coast Guard District.
Web site’s instructions. Additionally, if
you go to the online docket and sign up necessary to maintain bare steerageway. [FR Doc. 2017–23049 Filed 10–23–17; 8:45 am]
for email alerts; you will be notified (3) No vessel with a beam greater than BILLING CODE 9110–04–P
when comments are posted or if a 75 feet may transit this area unless they
revised final rule is published. receive advance authorization by the
First District Commander or the Captain DEPARTMENT OF HOMELAND
List of Subjects in 33 CFR Part 165 of the Port (COTP), Sector Northern SECURITY
Harbors, Marine safety, Navigation New England.
(4) There may be times that the First Coast Guard
(water), Reporting and recordkeeping
requirements, Security measures, District Commander or the COTP finds
it necessary to close the RNA to vessel 33 CFR Part 165
Waterways.
For the reasons discussed in the traffic. Mariners will be advised of all [Docket Number USCG–2017–0982]
preamble, the Coast Guard amends 33 closure dates and times via Local Notice
to Mariners and Broadcast Notice to RIN 1625–AA00
CFR part 165 as follows:
Mariners in advance of closure times.
Safety Zone; Mamala Bay, Oahu, HI
PART 165—REGULATED NAVIGATION During periods of closure, persons and
AREAS AND LIMITED ACCESS AREAS vessels may request permission to enter AGENCY: Coast Guard, DHS.
and transit the RNA by contacting the ACTION: Temporary final rule.
■ 1. The authority citation for part 165 COTP or the COTP’s on-scene
continues to read as follows: representative on VHF–16 or via phone SUMMARY: On October 10, 2017, the
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; at 207–767–0303. fishing vessel PACIFIC PARADISE ran
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; (5) Any vessels transiting within this aground off of the navigable waters of
Department of Homeland Security Delegation RNA must comply with all directions Mamala Bay near Waikiki at Kaimana
No. 0170.1. given to them by the COTP or the Beach, Oahu, Hawaii. On October 11,
COTP’s on-scene representative. The 2017, the Coast Guard established for
■ 2. Add § 165.T01–0890 to read as
‘‘on-scene representative’’ of the COTP seven days a temporary safety zone
follows:
is any Coast Guard commissioned, encompassing all waters extending 500
§ 165.T01–0890 Regulated Navigation warrant or petty officer who has been yards in all directions around the
Area; Beals Island Bridge Replacement, designated by the COTP to act on the grounded fishing vessel located
Moosabec Reach, Jonesport, ME. COTP’s behalf. The on-scene approximately 350 yards southwest of
(a) Regulated Navigation Area representative may be on a Coast Guard Kaimana Beach in position 21°15.69′ N.;
boundaries. The following area is a vessel; or other designated craft; or on 157°49.49′ W. to assist with vessel
Regulated Navigation Area (RNA): All shore and communicating with vessels salvage operations. On October 18, 2017
navigable waters of the Moosabec Reach via VHF–FM radio or loudhailer. the Coast Guard will extend the safety
between Jonesport, ME, and Beals, ME, Members of the Coast Guard Auxiliary zone for two additional weeks while
from surface to bottom, within 150- may be present to inform vessel salvage operations continue. The
yards of the Beals Island Bridge. operators of this regulation. temporary safety zone currently
pmangrum on DSK3GDR082PROD with RULES
Encompassed by a line connecting the (6) All other relevant regulations, stationary around the grounded vessel
following points 44°31′19.8″ N., including but not limited to the Rules of will become a moving safety zone
67°36′44.1″ W. and then west along the the Road, as codified in 33 CFR during the salvage and removal
shoreline to a point on land at position Subchapter E, Inland Navigational operation and remain a moving safety
44°31′20.1″ N., 67°36′57.9″ W. and then Rules, remain in effect within this RNA zone so until the towing operation is
north across the channel to a point on and must be strictly followed at all complete. During salvage and removal
land at position 44°31′39.1″ N., times. operations, the zone will continue to
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![Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations 49113
(1) All persons are required to comply proposing to revise its regulations to the proposed danger zone since 2004
with the general regulations governing establish a danger zone in the East Pearl and the formal establishment of the
safety zones found in 33 CFR part 165. River within the acoustic buffer of zone would not increase or decrease the
(2) Entry into or remaining in this NASA’s John C. Stennis Space Center frequency of training, change the type of
zone is prohibited unless expressly on the East Pearl River, in Hancock training, or expand training. A vessel
authorized by the COTP Honolulu or his County, Mississippi. The Navy that needs to transit the danger zone
designated representative. requested establishment of a danger when it is activated may do so if the
(3) Persons desiring to transit the zone on waterways and tributaries of the operator of the vessel obtains
stationary or moving safety zone East Pearl River that are used by Naval permission from the Commanding
identified in paragraph (a) of this Special Warfare units to conduct Officer, Naval Construction Battalion
section may contact the COTP at the riverine training exercises. The purpose Center, Gulfport or his or her designees.
Command Center telephone number of the danger zone is to ensure public Furthermore, the description of the
(808) 842–2600 and (808) 842–2601, fax safety by restricting access within the danger zone has been modified to omit
(808) 842–2642 or on VHF channel 16 danger zone during training events. reference to ‘‘left descending bank’’ to
(156.8 Mhz) to seek permission to DATES: Effective date: November 24, avoid confusion.
transit the zone. If permission is 2017. On December 14, 2016, the Corps’
granted, all persons and vessels must Vicksburg District issued a public notice
comply with the instructions of the ADDRESSES: Headquarters, U.S. Army soliciting comments on the proposed
COTP Honolulu or his designated Corps of Engineers, Operations and rule from all known interested parties
representative and proceed at the Regulatory Community of Practice, 441 and one comment was received. The
minimum speed necessary to maintain a G Street NW., Washington, DC 20314– commenter requested training be
safe course while in the zone. 1000. limited during posted hunting seasons.
(4) The U.S. Coast Guard may be FOR FURTHER INFORMATION CONTACT: Mr. The establishment of the danger zone is
assisted in the patrol and enforcement David Olson, Headquarters, Operations for the purpose of public safety and to
of the safety zone by Federal, State, and and Regulatory Community of Practice, preserve current military training vital
local agencies. Washington, DC at 202–761–4922 or by to ensuring combat ready forces, so
(d) Notice of enforcement. The COTP email at david.b.olson@usace.army.mil training cannot be limited during posted
will provide notice of the enforcement or Ms. Kristi Hall, U.S. Army Corps of hunting seasons.
of the safety zone described in this Engineers, Vicksburg District,
Regulatory Branch, at 601–631–7529 or Procedural Requirements
section via verbal broadcasts and
written notice to mariners and the by email at kristi.w.hall@ a. Regulatory Planning and Review
general public. usace.army.mil.
Executive Orders 12866 and 13563
(e) Definitions. As used in this SUPPLEMENTARY INFORMATION: Pursuant direct agencies to assess the costs and
section, designated representative to its authorities under Section 7 of the benefits of available regulatory
means any Coast Guard commissioned, Rivers and Harbors Act of 1917 (40 State alternatives and, if regulation is
warrant, or petty officer who has been 266; 33 U.S.C. 1) and Chapter XIX of the necessary, to select regulatory
authorized by the COTP to assist in Army Appropriations Act of 1919 (40 approaches that maximize net benefits.
enforcing the safety zone described in Stat. 892; 33 U.S.C. 3), the Corps is Executive Order 13771 directs agencies
paragraph (a) of this section. amending restricted area regulations at to control regulatory costs through a
Dated: October 18, 2017. 33 CFR part 334 by adding § 334.784 to budgeting process. This rule has not
M.C. Long, establish a danger zone along the East been designated a ‘‘significant
Captain, U.S. Coast Guard, Captain of the Pearl River. The amendment to this regulatory action,’’ under Executive
Port Honolulu. regulation will allow the Commanding Order 12866. Accordingly, this rule has
[FR Doc. 2017–22992 Filed 10–23–17; 8:45 am] Officer of Naval Construction Battalion not been reviewed by the Office of
BILLING CODE 9110–04–P
Center, Gulfport, Mississippi (or his/her Management and Budget (OMB), and
designee) to restrict passage of persons, pursuant to OMB guidance it is exempt
watercraft, and vessels in the waters from the requirements of Executive
DEPARTMENT OF DEFENSE within the danger zone during Order 13771.
Department of Defense training for The Corps has made a determination
Department of the Army, Corps of conducting coastal and riverine special this rule is not a significant regulatory
Engineers operations in support of global military action. This regulatory action
missions. This area is referred to as a determination is based on the size,
33 CFR Part 334 danger zone due to the use of short- duration, and location of the danger
range training ammunition within zone. The danger zone occupies a small
[COE–2016–0014] riverine areas. portion of the waterway and will only
The proposed rule was published in be activated during naval training
United States Navy Danger Zone, East
the December 14, 2016 edition of the exercises. A vessel that needs to transit
Pearl River, Within the Acoustic Buffer
Federal Register (81 FR 90292) with the the danger zone when it is activated
Area of the John C. Stennis Space
docket number COE–2016–0014 and may do so if the operator of the vessel
Center, and Adjacent to Lands, in
one comment was received. The obtains permission from the
Hancock County, Mississippi
commenter requested additional Commanding Officer, Naval
pmangrum on DSK3GDR082PROD with RULES
AGENCY: U.S. Army Corps of Engineers, information on frequency or likely Construction Battalion Center, Gulfport
DoD. frequency of the utilization of the or his or her designees.
ACTION: Final rule. danger zone and suggested the
description of the danger zone implied b. Impact on Small Entities
SUMMARY: The U.S. Army Corps of some portion of the river would be open The Regulatory Flexibility Act of
Engineers published a document in the for boat traffic during training exercises. 1980, 5 U.S.C. 601–612, as amended,
Federal Register on December 14, 2016, The training has been occurring within requires Federal agencies to consider
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Document Created: 2018-10-25 10:09:39
Document Modified: 2018-10-25 10:09:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective without actual notice from October 24, 2017 until 8:00 a.m. on November 1, 2017. For the purposes of enforcement, actual notice will be used from 8:00 a.m. on October 18, 2017, until October 24, 2017. | |
| Contact | If you have questions on this rule, call or email Lieutenant Commander John Bannon, Waterways Management Division, U.S. Coast Guard Sector Honolulu at (808) 541-4359 or [email protected] | |
| FR Citation | 82 FR 49110 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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