Regulated Navigation Areas; Escorted Submarines Sector Jacksonville Captain of the Port Zone, 13965-13968 [2017-05229]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 50 / Thursday, March 16, 2017 / Rules and Regulations
b. ‘‘Hazardous/severe-major’’ failure
conditions can include events that are
manageable by the crew by the use of
proper procedures, which, if not
implemented correctly or in a timely
manner, may result in a catastrophic
event.
5. Catastrophic. Failure conditions
result in multiple fatalities to occupants,
fatalities or incapacitation to the flight
crew, or result in loss of the rotorcraft.
The potential that a failure results in a
condition characterized as catastrophic
should be extremely improbable with
probability of occurrence 1 × 10¥9
failures/flight hour or less.
Requirements
Helitrak must comply with the
existing requirements of § 27.1309 for
all applicable design and operational
aspects of the Helitrak AP with the
failure condition categories of ‘‘no
effect’’ and ‘‘minor,’’ and for noncomplex systems whose failure
condition category is classified as
‘‘major.’’ Helitrak must comply with the
requirements of these special conditions
for all applicable design and operational
aspects of the Helitrak AP with the
failure condition categories of
‘‘catastrophic’’ and ‘‘hazardous severe/
major,’’ and for complex systems whose
failure condition category is classified
as ‘‘major.’’ A complex system is a
system whose operations, failure
conditions, or failure effects are difficult
to comprehend without the aid of
analytical methods (for example, FTA,
Failure Modes and Effect Analysis,
FHA).
jstallworth on DSK7TPTVN1PROD with RULES
System Design Integrity Requirements
Each of the failure condition
categories defined in these special
conditions relate to the corresponding
aircraft system integrity requirements.
The system design integrity
requirements for the Helitrak AP, as
they relate to the allowed probability of
occurrence for each failure condition
category and the proposed software
design assurance level, are as follows:
Systems with failures that may result
in a ‘‘major’’ effect must be shown to be
remote and develop software to the
Radio Technical Commission for
Aeronautics (RTCA) Document DO–
178B, Software Considerations in
Airborne Systems and Equipment
Certification, Level C software design
assurance level and must develop
complex hardware to the Radio
Technical Commission for Aeronautics
(RTCA) Document DO–254, Design
Assurance Guidance for Airborne
Electronic Hardware, Level C hardware
design assurance level.
VerDate Sep<11>2014
14:18 Mar 15, 2017
Jkt 241001
Systems with failures that may result
in ‘‘hazardous/severe-major’’ effects
must be shown to be extremely remote
must develop software to the RTCA
Document DO–178B, Software
Considerations in Airborne Systems and
Equipment Certification, Level B
software design assurance level and
must develop complex hardware to the
Radio Technical Commission for
Aeronautics (RTCA) Document DO–254,
Design Assurance Guidance for
Airborne Electronic Hardware, Level B
hardware design assurance level.
Systems with failures that may result
in ‘‘catastrophic’’ effects must be shown
to be extremely improbable, and
develop software to the RTCA
Document DO–178B, Software
Considerations in Airborne Systems and
Equipment Certification, Level A design
assurance level and must develop
complex hardware to the Radio
Technical Commission for Aeronautics
(RTCA) Document DO–254, Design
Assurance Guidance for Airborne
Electronic Hardware, Level A hardware
design assurance level.
System Design Environmental
Requirements
The AP system equipment must be
qualified to the appropriate
environmental level per RTCA
Document DO–160F, Environmental
Conditions and Test Procedures for
Airborne Equipment, for all relevant
aspects. This is to show that the AP
system performs its intended function
under any foreseeable operating
condition, including the expected
environment in which the AP is
intended to operate. Some of the main
considerations for environmental
concerns are installation locations and
the resulting exposure to environmental
conditions for the AP system
equipment, including considerations for
other equipment that may be affected
environmentally by the AP equipment
installation. The level of environmental
qualification must be related to the
severity of the considered failure
conditions and effects on the rotorcraft.
Test & Analysis Requirements
Compliance with the requirements of
these special conditions may be shown
by a variety of methods, which typically
consist of analysis, flight tests, ground
tests, and simulation, at a minimum.
Compliance methodology is related to
the associated failure condition
category. If the AP is a complex system,
compliance with the requirements for
failure conditions classified as ‘‘major’’
may be shown by analysis, in
combination with appropriate testing, to
validate the analysis. Compliance with
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
13965
the requirements for failure conditions
classified as ‘‘hazardous/severe-major’’
may be shown by flight-testing in
combination with analysis and
simulation, and the appropriate testing
to validate the analysis. Flight tests may
be limited for ‘‘hazardous/severe-major’’
failure conditions and effects due to
safety considerations. Compliance with
the requirements for failure conditions
classified as ‘‘catastrophic’’ may be
shown by analysis and appropriate
testing in combination with simulation
to validate the analysis. Very limited
flight tests in combination with
simulation are used as a part of a
showing of compliance for
‘‘catastrophic’’ failure conditions. Flight
tests are performed only in
circumstances that use operational
variations, or extrapolations from other
flight performance aspects to address
flight safety.
These special conditions require that
the Helitrak AP system installed on a
Robinson Model R22 BETA helicopter,
Type Certificate No. H10WE, meet these
requirements to adequately address the
failure effects identified by the FHA,
and subsequently verified by the SSA,
within the defined design system
integrity requirements.
Issued in Fort Worth, Texas, on March 10,
2017.
Lance Gant,
Manager Rotorcraft Standard Staff, Aircraft
Certification Service.
[FR Doc. 2017–05268 Filed 3–15–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0032]
RIN 1625–AA11
Regulated Navigation Areas; Escorted
Submarines Sector Jacksonville
Captain of the Port Zone
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing regulated navigation areas
(RNA) covering the St. Marys Entrance
Channel, portions of the Cumberland
Sound, and the Atlantic Ocean that will
be in effect whenever any Navy
submarine (foreign or domestic) is
escorted by the Coast Guard and
operating within the jurisdictional
waters of the Sector Jacksonville
Captain of the Port Zone. These RNAs
SUMMARY:
E:\FR\FM\16MRR1.SGM
16MRR1
13966
Federal Register / Vol. 82, No. 50 / Thursday, March 16, 2017 / Rules and Regulations
are necessary to help ensure the safety
and security of submarines, their Coast
Guard escorts, and the public. The
RNAs will do so by requiring all persons
and vessels located within an RNA to
follow lawful orders and/or directions
given to them by Coast Guard
designated representatives.
Additionally, these RNAs will
supersede the current temporary safety/
security zone for Cumberland Sound,
Georgia and St. Marys River Entrance
Channel.
DATES: This rule is effective April 17,
2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0032 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 Allan Storm, Coast
Guard Sector Jacksonville, Chief of
Waterways Management, telephone
(904) 714–7616, email Allan.H.Storm@
uscg.mil.
SUPPLEMENTARY INFORMATION:
the comment period that ended July 13,
2016, we received no public comments
and two interagency comments.
I. Table of Abbreviations
IV. Discussion of Comments, Changes,
and the Rule
jstallworth on DSK7TPTVN1PROD with RULES
CFR Code of Federal Regulations
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
Navy submarines frequently operate
within the Cumberland Sound and the
St. Marys Entrance Channel. When
transiting these areas, the submarines
and the vessels towing them are
severely restricted in their ability to
maneuver or deviate course. Due to the
safety and security concerns involved
with submarine operations near shore in
restricted waters, the Coast Guard
provides submarine escorts when they
are operating in those areas and offshore
in the Atlantic Ocean.
Because the existing regulatory
options the Coast Guard uses to
safeguard the movement of submarines,
their Coast Guard escorts, and the
public are insufficient, the Coast Guard
published a notice of proposed
rulemaking (NPRM) on June 13, 2016,
titled ‘‘Regulated Navigation Areas;
Escorted Submarines Sector Jacksonville
Captain of the Port Zone’’ (81 FR
38119). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action. During
VerDate Sep<11>2014
14:18 Mar 15, 2017
Jkt 241001
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Coast Guard has determined that RNAs
are necessary to allow designated Coast
Guard representatives adequate time to
effectively order and/or direct persons
and vessels operating within a RNA to
stop, move, change orientation, or take
other action as needed to ensure safety
and/or security. The ability to order
and/or direct persons and vessels will
help avoid unnecessary and potentially
dangerous close quarters contact
between Coast Guard escorts and the
maritime public within Cumberland
Sound, the St. Marys Entrance Channel,
and offshore in the Atlantic Ocean. In
addition, it will give Coast Guard
escorts an additional tool for
determining the intention of vessels that
are operating in close vicinity to an
escorted submarine. The RNAs will
mitigate the risks associated with these
issues, and ensure the safety and
security of the submarines, their Coast
Guard escorts, and the maritime public.
As noted above, we received no
public comments on the NPRM
published on June 13, 2016. To better
define the northern extent of the RNA,
we have incorporated one change to the
rule based on an interagency comment.
The change includes adding the words
‘‘the southern tip of’’ to the Crab Island
position.
This rule establishes a regulated area
encompassing all waters within one (1)
nautical mile of the charted center of the
navigation channel from the southern
tip of Crab Island in the Cumberland
Sound, Georgia, to the St. Marys
Entrance Channel and its approach
extending eastward to lighted buoy
‘‘STM.’’ This portion of the regulation
would allow Coast Guard vessels to
direct waterway traffic in any portion of
this confined channel when a
submarine is being escorted.
Additionally, a regulated area will
encompass waters within one (1)
nautical mile of any Navy submarine
while it is transiting territorial seas
within the Sector Jacksonville Captain
of the Port Zone. All persons and
vessels located within the RNA are
required to follow lawful orders and/or
directions given to them by designated
Coast Guard representatives.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
The Coast Guard made this
determination based on the fact that (1)
the RNAs are only enforced for the short
periods of time when submarines are
operating in the St. Marys Entrance
Channel, portions of the Cumberland
Sound, and Atlantic Ocean and escorted
by the Coast Guard or anytime a
submarine is operating and escorted by
the Coast Guard within the Sector
Jacksonville Captain of the Port Zone
territorial seas and (2) vessels may freely
operate within the RNAs to the extent
permitted by other law or regulation
unless given a lawful order and/or
direction by designated Coast Guard
representatives.
The Coast Guard has determined that
this rule, superseding the temporary
safety/security zone implemented under
33 CFR 165.731(b), does not constitute
a ‘‘significant regulatory action’’ under
Executive Order 12866 based on the size
and location of the security zone. The
permanent security zone currently
implemented under 33 CFR 165.731(a)
remains in effect and covers
approximately five square nautical
miles of a sparsely populated section of
Cumberland Sound and tributaries
where few recreational or commercial
vessels transit. Vessels transiting this
area of Cumberland Sound can transit
around the security 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
E:\FR\FM\16MRR1.SGM
16MRR1
Federal Register / Vol. 82, No. 50 / Thursday, March 16, 2017 / Rules and Regulations
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 did not receive any
comments from the Small Business
Administration on this rulemaking. The
Coast Guard certifies under 5 U.S.C.
605(b) that this rule would not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the RNA
may be small entities, for the reasons
stated in section V.A above, this rule
would 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).
jstallworth on DSK7TPTVN1PROD with RULES
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
VerDate Sep<11>2014
14:18 Mar 15, 2017
Jkt 241001
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 would not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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 the
establishment of RNAs and an
amendment to a safety/security zone
covering the St. Marys Entrance
Channel, portions of the Cumberland
Sound, and Atlantic Ocean, that will be
enforced whenever any Navy submarine
(foreign or domestic) is being escorted
by the Coast Guard and operating within
the jurisdictional waters of the Sector
Jacksonville Captain of the Port Zone. It
is categorically excluded from further
review under paragraph 34(g) of figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and
Categorical Exclusion Determination are
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
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
13967
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
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. Revise § 165.731 to read as follows:
§ 165.731 Security Zone: Cumberland
Sound, Georgia.
(a) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port (COTP) Jacksonville,
Florida, in the enforcement of the
regulated areas.
(b) Location. A permanent security
zone is established within the following
coordinates, the area enclosed by a line
starting at 30°44′55″ N., 081°29′39″ W.;
thence to 30°44′55″ N., 081°29′18″ W.;
thence to 30°46′35″ N., 081°29′18″ W.;
thence to 30°47′02″ N., 081°29′34″ W.;
thence to 30°47′21″ N., 081°29′39″ W.;
thence to 30°48′00″ N., 081°29′42″ W.;
thence to 30°49′07″ N., 081°29′56″ W.;
thence to 30°49′55″ N., 081°30′35″ W.;
thence to 30°50′15″ N., 081°31′08″ W.;
thence to 30°50′14″ N., 081°31′30″ W.;
thence to 30°49′58″ N., 081°31′45″ W.;
thence to 30°49′58″ N., 081°32′03″ W.;
thence to 30°50′12″ N., 081°32′17″ W.;
thence following the land based
perimeter boundary to the point of
origin.
(c) Regulations. (1) No person or
vessel may enter or remain within the
security zone without the permission of
the COTP Jacksonville or designated
representative.
(2) All persons and vessels authorized
to enter the security zone shall
immediately obey any direction or order
of the COTP Jacksonville or designated
representative.
(3) This regulation does not apply to
persons or vessels operating under the
authority of the United States Navy or
to authorized law enforcement agencies.
E:\FR\FM\16MRR1.SGM
16MRR1
13968
■
Federal Register / Vol. 82, No. 50 / Thursday, March 16, 2017 / Rules and Regulations
3. Add § 165.732 to read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 165.732 Escorted Submarines Sector
Jacksonville Captain of the Port Zone.
40 CFR Part 68
(a) Location. The following areas are
regulated navigation areas (RNA)
whenever any Navy submarine (foreign
or domestic) is being escorted by the
Coast Guard within the Sector
Jacksonville Captain of the Port Zone
territorial seas:
(1) All waters within 1 nautical mile
of any Navy submarine operating within
the Sector Jacksonville Captain of the
Port Zone territorial seas; and
(2) All waters within 1 nautical mile
of the charted center of the navigation
channel from the southern tip of Crab
Island in the Cumberland Sound,
Georgia, to the St. Marys Entrance
Channel and its approach extending
eastward to lighted buoy ‘‘STM.’’
(b) Regulations. All persons and
vessels located within a RNA created by
paragraph (a) shall follow all lawful
orders and/or directions given to them
by designated Coast Guard
representatives. 33 CFR 165, subpart B,
contains additional provisions
applicable to the RNA created in
paragraph (a) of this section.
(c) Notification. The Coast Guard
escort will attempt, when necessary and
practicable, to notify any persons or
vessels inside or approaching the
vicinity of a RNA created in paragraph
(a) of this section of its existence via
VHF Channel 16 and/or any other
means reasonably available.
Dated: March 10, 2017.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2017–05229 Filed 3–15–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
Office of Postsecondary Education
34 CFR Part 674
Federal Perkins Loan Program
jstallworth on DSK7TPTVN1PROD with RULES
CFR Correction
In Title 34 of the Code of Federal
Regulations, Parts 400 to 679, revised as
of July 1, 2016, on page 698, in § 674.17,
in the introductory text of paragraph (a),
the words ‘‘one of’’ are removed.
[FR Doc. 2017–05299 Filed 3–15–17; 8:45 am]
BILLING CODE 1301–00–D
VerDate Sep<11>2014
14:18 Mar 15, 2017
Jkt 241001
[EPA–HQ–OEM–2015–0725; FRL–9959–57–
OLEM]
RIN 2050–AG82
Accidental Release Prevention
Requirements: Risk Management
Programs Under the Clean Air Act;
Further Delay of Effective Date
Environmental Protection
Agency (EPA).
ACTION: Final rule; delay of effective
date.
AGENCY:
By a letter dated March 13,
2017, the Administrator announced the
convening of a proceeding for
reconsideration of the final rule that
amends the chemical accident
prevention provisions addressing Risk
Management Programs under the Clean
Air Act published in the Federal
Register on January 13, 2017. The
effective date of these regulations had
been March 21, 2017. By this action, the
EPA is administratively staying and
delaying the effective date of this rule
for 90 days. Thus, the January 13, 2017
rule will become effective on June 19,
2017.
SUMMARY:
The effective date of the rule
amending 40 CFR part 68 published at
82 FR 4594 (January 13, 2017), as
delayed at 82 FR 8499 (January 26,
2017) is further delayed to June 19,
2017.
DATES:
The EPA has established a
docket for the rule amending 40 CFR
part 68 under Docket ID No. EPA–HQ–
OEM–2015–0725. 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, e.g., Confidential
Business Information (CBI) 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 electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
James Belke, United States
Environmental Protection Agency,
Office of Land and Emergency
Management, 1200 Pennsylvania Ave.
NW. (Mail Code 5104A), Washington,
DC 20460; telephone number: (202)
564–8023; email address: belke.jim@
epa.gov, or: Kathy Franklin, United
States Environmental Protection
ADDRESSES:
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
Agency, Office of Land and Emergency
Management, 1200 Pennsylvania Ave.
NW. (Mail Code 5104A), Washington,
DC 20460; telephone number: (202)
564–7987; email address:
franklin.kathy@epa.gov.
Electronic copies of this document
and related news releases are available
on EPA’s Web site at https://
www.epa.gov/rmp. Copies of this final
rule are also available at https://
www.regulations.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 13, 2017, the EPA (‘‘we’’)
issued a final rule amending 40 CFR
part 68, the chemical accident
prevention provisions under section
112(r)(7) of the Clean Air Act (CAA) ((42
U.S.C. 7412(r)). The amendments
addressed various aspects of risk
management programs, including
prevention programs at stationary
sources, emergency response
preparedness requirements, information
availability, and various other changes
to streamline, clarify, and otherwise
technically correct the underlying rules.
Collectively, this rulemaking is known
as the ‘‘Risk Management Program
Amendments.’’ For further information
on the Risk Management Program
Amendments, see 82 FR 4594 (January
13, 2017).
On January 26, 2017, the EPA
published a final rule extending the
effective date of the Risk Management
Program Amendments from March 14,
2017, to March 21, 2017, see 82 FR
8499. This revision to the effective date
of the Risk Management Program
Amendments was part of an EPA final
rule implementing a memorandum
dated January 20, 2017, from the
Assistant to the President and Chief of
Staff, entitled ‘‘Regulatory Freeze
Pending Review.’’ This memorandum
directed the heads of agencies to extend
until 60 days after the date of its
issuance the effective date of rules that
were published prior to January 20,
2017 but which had not yet become
effective.
In a letter dated February 28, 2017, a
group known as the ‘‘RMP Coalition,’’ 1
submitted a petition for reconsideration
of the Risk Management Program
Amendments (‘‘RMP Coalition
Petition’’) as provided for in CAA
section 307(d)(7)(B) (42 U.S.C.
1 The RMP Coalition is comprised of the
American Chemistry Council, the American Forest
& Paper Association, the American Fuel &
Petrochemical Manufacturers, the American
Petroleum Institute, the Chamber of Commerce of
the United States of America, the National
Association of Manufacturers, and the Utility Air
Regulatory Group.
E:\FR\FM\16MRR1.SGM
16MRR1
]]>Agencies
[Federal Register Volume 82, Number 50 (Thursday, March 16, 2017)]
[Rules and Regulations]
[Pages 13965-13968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05229]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0032]
RIN 1625-AA11
Regulated Navigation Areas; Escorted Submarines Sector
Jacksonville Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing regulated navigation areas
(RNA) covering the St. Marys Entrance Channel, portions of the
Cumberland Sound, and the Atlantic Ocean that will be in effect
whenever any Navy submarine (foreign or domestic) is escorted by the
Coast Guard and operating within the jurisdictional waters of the
Sector Jacksonville Captain of the Port Zone. These RNAs
[[Page 13966]]
are necessary to help ensure the safety and security of submarines,
their Coast Guard escorts, and the public. The RNAs will do so by
requiring all persons and vessels located within an RNA to follow
lawful orders and/or directions given to them by Coast Guard designated
representatives. Additionally, these RNAs will supersede the current
temporary safety/security zone for Cumberland Sound, Georgia and St.
Marys River Entrance Channel.
DATES: This rule is effective April 17, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0032 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 Allan Storm, Coast Guard Sector Jacksonville,
Chief of Waterways Management, telephone (904) 714-7616, email
Allan.H.Storm@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
II. Background Information and Regulatory History
Navy submarines frequently operate within the Cumberland Sound and
the St. Marys Entrance Channel. When transiting these areas, the
submarines and the vessels towing them are severely restricted in their
ability to maneuver or deviate course. Due to the safety and security
concerns involved with submarine operations near shore in restricted
waters, the Coast Guard provides submarine escorts when they are
operating in those areas and offshore in the Atlantic Ocean.
Because the existing regulatory options the Coast Guard uses to
safeguard the movement of submarines, their Coast Guard escorts, and
the public are insufficient, the Coast Guard published a notice of
proposed rulemaking (NPRM) on June 13, 2016, titled ``Regulated
Navigation Areas; Escorted Submarines Sector Jacksonville Captain of
the Port Zone'' (81 FR 38119). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action. During the
comment period that ended July 13, 2016, we received no public comments
and two interagency comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Coast Guard has determined that RNAs are necessary to allow
designated Coast Guard representatives adequate time to effectively
order and/or direct persons and vessels operating within a RNA to stop,
move, change orientation, or take other action as needed to ensure
safety and/or security. The ability to order and/or direct persons and
vessels will help avoid unnecessary and potentially dangerous close
quarters contact between Coast Guard escorts and the maritime public
within Cumberland Sound, the St. Marys Entrance Channel, and offshore
in the Atlantic Ocean. In addition, it will give Coast Guard escorts an
additional tool for determining the intention of vessels that are
operating in close vicinity to an escorted submarine. The RNAs will
mitigate the risks associated with these issues, and ensure the safety
and security of the submarines, their Coast Guard escorts, and the
maritime public.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no public comments on the NPRM
published on June 13, 2016. To better define the northern extent of the
RNA, we have incorporated one change to the rule based on an
interagency comment. The change includes adding the words ``the
southern tip of'' to the Crab Island position.
This rule establishes a regulated area encompassing all waters
within one (1) nautical mile of the charted center of the navigation
channel from the southern tip of Crab Island in the Cumberland Sound,
Georgia, to the St. Marys Entrance Channel and its approach extending
eastward to lighted buoy ``STM.'' This portion of the regulation would
allow Coast Guard vessels to direct waterway traffic in any portion of
this confined channel when a submarine is being escorted.
Additionally, a regulated area will encompass waters within one (1)
nautical mile of any Navy submarine while it is transiting territorial
seas within the Sector Jacksonville Captain of the Port Zone. All
persons and vessels located within the RNA are required to follow
lawful orders and/or directions given to them by designated Coast Guard
representatives.
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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
The Coast Guard made this determination based on the fact that (1)
the RNAs are only enforced for the short periods of time when
submarines are operating in the St. Marys Entrance Channel, portions of
the Cumberland Sound, and Atlantic Ocean and escorted by the Coast
Guard or anytime a submarine is operating and escorted by the Coast
Guard within the Sector Jacksonville Captain of the Port Zone
territorial seas and (2) vessels may freely operate within the RNAs to
the extent permitted by other law or regulation unless given a lawful
order and/or direction by designated Coast Guard representatives.
The Coast Guard has determined that this rule, superseding the
temporary safety/security zone implemented under 33 CFR 165.731(b),
does not constitute a ``significant regulatory action'' under Executive
Order 12866 based on the size and location of the security zone. The
permanent security zone currently implemented under 33 CFR 165.731(a)
remains in effect and covers approximately five square nautical miles
of a sparsely populated section of Cumberland Sound and tributaries
where few recreational or commercial vessels transit. Vessels
transiting this area of Cumberland Sound can transit around the
security 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
[[Page 13967]]
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 did
not receive any comments from the Small Business Administration on this
rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this
rule would not have a significant economic impact on a substantial
number of small entities.
While some owners or operators of vessels intending to transit the
RNA may be small entities, for the reasons stated in section V.A above,
this rule would 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 would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
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 the establishment of RNAs and an amendment to a safety/
security zone covering the St. Marys Entrance Channel, portions of the
Cumberland Sound, and Atlantic Ocean, that will be enforced whenever
any Navy submarine (foreign or domestic) is being escorted by the Coast
Guard and operating within the jurisdictional waters of the Sector
Jacksonville Captain of the Port Zone. It is categorically excluded
from further review under paragraph 34(g) of figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and Categorical Exclusion Determination are
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, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Revise Sec. [thinsp]165.731 to read as follows:
Sec. [thinsp]165.731 Security Zone: Cumberland Sound, Georgia.
(a) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port (COTP) Jacksonville, Florida, in the enforcement of
the regulated areas.
(b) Location. A permanent security zone is established within the
following coordinates, the area enclosed by a line starting at
30[deg]44'55'' N., 081[deg]29'39'' W.; thence to 30[deg]44'55'' N.,
081[deg]29'18'' W.; thence to 30[deg]46'35'' N., 081[deg]29'18'' W.;
thence to 30[deg]47'02'' N., 081[deg]29'34'' W.; thence to
30[deg]47'21'' N., 081[deg]29'39'' W.; thence to 30[deg]48'00'' N.,
081[deg]29'42'' W.; thence to 30[deg]49'07'' N., 081[deg]29'56'' W.;
thence to 30[deg]49'55'' N., 081[deg]30'35'' W.; thence to
30[deg]50'15'' N., 081[deg]31'08'' W.; thence to 30[deg]50'14'' N.,
081[deg]31'30'' W.; thence to 30[deg]49'58'' N., 081[deg]31'45'' W.;
thence to 30[deg]49'58'' N., 081[deg]32'03'' W.; thence to
30[deg]50'12'' N., 081[deg]32'17'' W.; thence following the land based
perimeter boundary to the point of origin.
(c) Regulations. (1) No person or vessel may enter or remain within
the security zone without the permission of the COTP Jacksonville or
designated representative.
(2) All persons and vessels authorized to enter the security zone
shall immediately obey any direction or order of the COTP Jacksonville
or designated representative.
(3) This regulation does not apply to persons or vessels operating
under the authority of the United States Navy or to authorized law
enforcement agencies.
[[Page 13968]]
0
3. Add Sec. [thinsp]165.732 to read as follows:
Sec. [thinsp]165.732 Escorted Submarines Sector Jacksonville Captain
of the Port Zone.
(a) Location. The following areas are regulated navigation areas
(RNA) whenever any Navy submarine (foreign or domestic) is being
escorted by the Coast Guard within the Sector Jacksonville Captain of
the Port Zone territorial seas:
(1) All waters within 1 nautical mile of any Navy submarine
operating within the Sector Jacksonville Captain of the Port Zone
territorial seas; and
(2) All waters within 1 nautical mile of the charted center of the
navigation channel from the southern tip of Crab Island in the
Cumberland Sound, Georgia, to the St. Marys Entrance Channel and its
approach extending eastward to lighted buoy ``STM.''
(b) Regulations. All persons and vessels located within a RNA
created by paragraph (a) shall follow all lawful orders and/or
directions given to them by designated Coast Guard representatives. 33
CFR 165, subpart B, contains additional provisions applicable to the
RNA created in paragraph (a) of this section.
(c) Notification. The Coast Guard escort will attempt, when
necessary and practicable, to notify any persons or vessels inside or
approaching the vicinity of a RNA created in paragraph (a) of this
section of its existence via VHF Channel 16 and/or any other means
reasonably available.
Dated: March 10, 2017.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2017-05229 Filed 3-15-17; 8:45 am]
BILLING CODE 9110-04-P
