Safety Zone; Pacific Ocean, North Shore, Oahu, HI-Recovery Operations, 41333-41335 [2017-18451]
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Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations
compliance within the specified compliance
time after the effective date of this AD.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (j) of this
AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by the Boeing
Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle ACO
Branch, to make those findings. To be
approved, the repair method, modification
deviation, or alteration deviation must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) For service information that contains
steps that are labeled as Required for
Compliance (RC), the provisions of
paragraphs (i)(4)(i) and (i)(4)(ii) of this AD
apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with the AD. If a step or substep is
labeled ‘‘RC Exempt,’’ then the RC
requirement is removed from that step or
substep. An AMOC is required for any
deviations to RC steps, including substeps
and identified figures.
(ii) Steps not labeled as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
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(j) Related Information
For more information about this AD,
contact Bill Ashforth, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch,
1601 Lind Avenue SW., Renton, WA 98057–
3356; phone: 425–917–6432; fax: 425–917–
6590; email: bill.ashforth@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin 747–
57A2360, dated January 20, 2017.
(ii) Reserved.
VerDate Sep<11>2014
15:11 Aug 30, 2017
Jkt 241001
(3) For Boeing service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention:
Contractual & Data Services (C&DS), 2600
Westminster Blvd., MC 110–SK57, Seal
Beach, CA 90740–5600; telephone 562–797–
1717; Internet https://
www.myboeingfleet.com.
(4) You may view this service information
at the FAA, Transport Standards Branch,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on August
21, 2017.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2017–18392 Filed 8–30–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0809]
RIN 1625–AA00
Safety Zone; Pacific Ocean, North
Shore, Oahu, HI—Recovery Operations
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the navigable waters of the North Shore
of Oahu, Hawaii, near Ka’Ena Point. The
temporary safety zone encompasses all
waters extending 3 nautical miles in all
directions from position 21°34.88′ N.;
158°17.90′ W. The safety zone is needed
to protect personnel, vessels and the
marine environment from potential
hazards associated with ongoing
operations to salvage a downed
helicopter in this area. Entry of vessels
or persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port (COTP) Honolulu.
DATES: This rule is effective without
actual notice from August 31, 2017 until
8:00 a.m. on September 15, 2017. For
the purposes of enforcement, actual
notice will be used from August 22,
2017, until August 31, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
SUMMARY:
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41333
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0809 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
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
john.e.bannon@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
immediate action is needed to respond
to the potential safety hazards
associated with this salvage effort, and
therefore publishing an NPRM is
impracticable and contrary to public
interest.
On August 16, 2017, the Coast Guard
published a temporary final rule
entitled, ‘‘Safety Zone; Pacific Ocean,
North Shore Oahu, HI docket number
USCG–2016–0507, establishing a safety
zone in the navigable waters of the
Pacific Ocean, North Shore, Oahu, HI.
The purpose of the safety zone was to
provide for the safety of search and
rescue efforts for an August 15, 2017
downed helicopter off the North Shore,
Oahu, HI, near Ka’Ena Point.
Additionally, the safety zone was
necessary to map the debris field and
crash location. The new TFR adjusts the
safety zone to complete all salvage and
recovery operations after the completion
of the search and rescue operations.
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Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. On
August 15, 2017, the Coast Guard was
informed of a helicopter crash off the
North Shore of Oahu, Hawaii, near
Ka’Ena Point. The Coast Guard COTP
Sector Honolulu has determined that
potential hazards associated with the
salvage operations constitute a safety
concern for anyone within the
designated safety zone. This rule is
necessary to protect personnel, vessels,
and the marine environment within the
navigable waters of the safety zone
during ongoing salvage operations.
IV. Discussion of the Rule
This rule is effective from August 22,
2017 through 8:00 a.m. on September
15, 2017, or until salvage operations are
complete, whichever is earlier. If the
safety zone is terminated prior to 8:00
a.m. on September 15, 2017, the Coast
Guard will provide notice via a
broadcast notice to mariners. The
temporary safety zone encompasses all
waters extending 3 nautical miles in all
directions around the location of
ongoing salvage operations near
position: 21°34.88′ N.; 158°17.90′ W.
This zone extends from the surface of
the water to the ocean floor. The zone
is intended to protect personnel,
vessels, and the marine environment in
these navigable waters from potential
hazards associated with the salvage
operations of one downed helicopter in
this area. No vessel or person will be
permitted to enter the safety zone absent
the express authorization of the COTP
or his designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
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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
VerDate Sep<11>2014
15:11 Aug 30, 2017
Jkt 241001
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone which
would impact only a small designated
area of the waters off of Ka’Ena Point
where vessel traffic is normally low.
Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule would allow vessels
to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator. The safety zone is limited
in size and duration, and mariners may
request to enter the zone by contacting
the COTP.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
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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
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Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations
significant effect on the human
environment. This rule involves a safety
zone with a duration of six days or until
the search is suspended. It is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Add § 165.T14–0809 to read as
follows:
■
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§ 165.T14–0809 Safety Zone; Pacific
Ocean, North Shore Oahu, HI—Recovery
Operations.
15:11 Aug 30, 2017
Jkt 241001
Dated: August 22, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the
Port Honolulu.
[FR Doc. 2017–18451 Filed 8–30–17; 8:45 am]
BILLING CODE 9110–04–P
(a) Location. The safety zone is
located within the COTP Zone (See 33
CFR 3.70–10) and will encompass all
navigable waters extending 3 nautical
miles in all directions from position:
21°34.88′ N.; 158°17.90′ W. This zone
extends from the surface of the water to
the ocean floor.
(b) Enforcement Period. This rule is
effective from 1:00 p.m. (HST) on
August 22, 2017 through 8:00 a.m.
(HST) on September 15, 2017, or until
salvage operations are complete,
whichever is earlier. If the safety zone
is terminated prior to 8:00 a.m. (HST) on
September 15, 2017, the Coast Guard
will provide notice via a broadcast
notice to mariners.
(c) Regulations. The general
regulations governing safety zones
contained in 33 CFR 165.20, subpart C,
VerDate Sep<11>2014
apply to the safety zone created by this
temporary final rule.
(1) All persons are required to comply
with the general regulations governing
safety zones found in 33 CFR part 165.
(2) Entry into or remaining in this
zone is prohibited unless expressly
authorized by the COTP or his
designated representative.
(3) Persons desiring to transit the
safety zone identified in paragraph (a) of
this section may contact the COTP at the
Command Center telephone number
(808) 842–2600 and (808) 842–2601, fax
(808) 842–2642 or on VHF channel 16
(156.8 Mhz) to seek permission to
transit the zone. If permission is
granted, all persons and vessels must
comply with the instructions of the
COTP or his designated representative
and proceed at the minimum speed
necessary to maintain a safe course
while in the zone.
(4) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the safety zone by Federal, State, and
local agencies.
(d) Notice of enforcement. The COTP
will cause notice of the enforcement of
the safety zone described in this section
to be made by verbal broadcasts and
written notice to mariners and the
general public.
(e) Definitions. As used in this
section, designated representative
means any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the COTP to assist in
enforcing the safety zone described in
paragraph (a) of this section.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0022; FRL–9967–05–
Region 4]
Air Plan Approval; Kentucky;
Louisville Miscellaneous Rule
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On August 29, 2012, the
Commonwealth of Kentucky, through
the Kentucky Division for Air Quality
(KDAQ), submitted changes to the
Kentucky State Implementation Plan
SUMMARY:
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41335
(SIP) on behalf of the Louisville Metro
Air Pollution Control District (District or
Jefferson County). The Environmental
Protection Agency (EPA) is approving
several changes that modify the
District’s air quality regulations as
incorporated into the SIP. The changes
to the regulatory portion of the SIP that
EPA is approving pertain to definitional
changes, administrative amendments,
open burning, standards of performance,
and volatile organic compounds (VOCs).
EPA is approving these changes because
the Commonwealth and Jefferson
County have demonstrated that these
changes are consistent with the Clean
Air Act (CAA or Act).
DATES: This rule is effective October 2,
2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0022. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9043.
Mr. Lakeman can be reached via
electronic mail at lakeman.sean@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 29, 2012, KDAQ submitted
a SIP revision to EPA for approval that
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]]>Agencies
[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Rules and Regulations]
[Pages 41333-41335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18451]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0809]
RIN 1625-AA00
Safety Zone; Pacific Ocean, North Shore, Oahu, HI--Recovery
Operations
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters of the North Shore of Oahu, Hawaii, near Ka'Ena
Point. The temporary safety zone encompasses all waters extending 3
nautical miles in all directions from position 21[deg]34.88' N.;
158[deg]17.90' W. The safety zone is needed to protect personnel,
vessels and the marine environment from potential hazards associated
with ongoing operations to salvage a downed helicopter in this area.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port (COTP) Honolulu.
DATES: This rule is effective without actual notice from August 31,
2017 until 8:00 a.m. on September 15, 2017. For the purposes of
enforcement, actual notice will be used from August 22, 2017, until
August 31, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0809 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander John Bannon, Waterways Management
Division, U.S. Coast Guard Sector Honolulu at (808) 541-4359 or
john.e.bannon@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is needed to respond
to the potential safety hazards associated with this salvage effort,
and therefore publishing an NPRM is impracticable and contrary to
public interest.
On August 16, 2017, the Coast Guard published a temporary final
rule entitled, ``Safety Zone; Pacific Ocean, North Shore Oahu, HI
docket number USCG-2016-0507, establishing a safety zone in the
navigable waters of the Pacific Ocean, North Shore, Oahu, HI. The
purpose of the safety zone was to provide for the safety of search and
rescue efforts for an August 15, 2017 downed helicopter off the North
Shore, Oahu, HI, near Ka'Ena Point. Additionally, the safety zone was
necessary to map the debris field and crash location. The new TFR
adjusts the safety zone to complete all salvage and recovery operations
after the completion of the search and rescue operations.
[[Page 41334]]
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. On August 15, 2017, the Coast Guard was informed of a helicopter
crash off the North Shore of Oahu, Hawaii, near Ka'Ena Point. The Coast
Guard COTP Sector Honolulu has determined that potential hazards
associated with the salvage operations constitute a safety concern for
anyone within the designated safety zone. This rule is necessary to
protect personnel, vessels, and the marine environment within the
navigable waters of the safety zone during ongoing salvage operations.
IV. Discussion of the Rule
This rule is effective from August 22, 2017 through 8:00 a.m. on
September 15, 2017, or until salvage operations are complete, whichever
is earlier. If the safety zone is terminated prior to 8:00 a.m. on
September 15, 2017, the Coast Guard will provide notice via a broadcast
notice to mariners. The temporary safety zone encompasses all waters
extending 3 nautical miles in all directions around the location of
ongoing salvage operations near position: 21[deg]34.88' N.;
158[deg]17.90' W. This zone extends from the surface of the water to
the ocean floor. The zone is intended to protect personnel, vessels,
and the marine environment in these navigable waters from potential
hazards associated with the salvage operations of one downed helicopter
in this area. No vessel or person will be permitted to enter the safety
zone absent the express authorization of the COTP or his designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which would
impact only a small designated area of the waters off of Ka'Ena Point
where vessel traffic is normally low. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the zone, and the rule would allow vessels to seek permission to enter
the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator. The safety zone is limited in size and
duration, and mariners may request to enter the zone by contacting the
COTP.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a
[[Page 41335]]
significant effect on the human environment. This rule involves a
safety zone with a duration of six days or until the search is
suspended. It is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record
of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T14-0809 to read as follows:
Sec. 165.T14-0809 Safety Zone; Pacific Ocean, North Shore Oahu, HI--
Recovery Operations.
(a) Location. The safety zone is located within the COTP Zone (See
33 CFR 3.70-10) and will encompass all navigable waters extending 3
nautical miles in all directions from position: 21[deg]34.88' N.;
158[deg]17.90' W. This zone extends from the surface of the water to
the ocean floor.
(b) Enforcement Period. This rule is effective from 1:00 p.m. (HST)
on August 22, 2017 through 8:00 a.m. (HST) on September 15, 2017, or
until salvage operations are complete, whichever is earlier. If the
safety zone is terminated prior to 8:00 a.m. (HST) on September 15,
2017, the Coast Guard will provide notice via a broadcast notice to
mariners.
(c) Regulations. The general regulations governing safety zones
contained in 33 CFR 165.20, subpart C, apply to the safety zone created
by this temporary final rule.
(1) All persons are required to comply with the general regulations
governing safety zones found in 33 CFR part 165.
(2) Entry into or remaining in this zone is prohibited unless
expressly authorized by the COTP or his designated representative.
(3) Persons desiring to transit the safety zone identified in
paragraph (a) of this section may contact the COTP at the Command
Center telephone number (808) 842-2600 and (808) 842-2601, fax (808)
842-2642 or on VHF channel 16 (156.8 Mhz) to seek permission to transit
the zone. If permission is granted, all persons and vessels must comply
with the instructions of the COTP or his designated representative and
proceed at the minimum speed necessary to maintain a safe course while
in the zone.
(4) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the safety zone by Federal, State, and local agencies.
(d) Notice of enforcement. The COTP will cause notice of the
enforcement of the safety zone described in this section to be made by
verbal broadcasts and written notice to mariners and the general
public.
(e) Definitions. As used in this section, designated representative
means any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the COTP to assist in enforcing the safety zone
described in paragraph (a) of this section.
Dated: August 22, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2017-18451 Filed 8-30-17; 8:45 am]
BILLING CODE 9110-04-P
