Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone-Rockets for Schools Rocket Launch, 18558-18559 [2017-07982]
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18558
Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Rules and Regulations
Authority: 33 U.S.C. 1233.
2. Add § 100.501T05–0077 to read as
follows:
■
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§ 100.501T05–0077 Special Local
Regulation; Tred Avon River, between
Bellevue, MD and Oxford, MD.
(a) Definitions. (1) Captain of the Port
Maryland-National Capital Region
means the Commander, U.S. Coast
Guard Sector Maryland-National Capital
Region or any Coast Guard
commissioned, warrant or petty officer
who has been authorized by the Captain
of the Port to act on his behalf.
(2) Coast Guard Patrol Commander
means a commissioned, warrant, or
petty officer of the U.S. Coast Guard
who has been designated by the
Commander, Coast Guard Sector
Maryland-National Capital Region.
(3) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Maryland-National
Capital Region with a commissioned,
warrant, or petty officer on board and
displaying a Coast Guard ensign.
(4) Participant means all persons and
vessels participating in the Oxford
Biathlon event under the auspices of the
Marine Event Permit issued to the event
sponsor and approved by Commander,
Coast Guard Sector Maryland-National
Capital Region.
(b) Regulated area. The following
location is a regulated area: All
navigable waters of the Tred Avon
River, from shoreline to shoreline,
within an area bounded on the east by
a line drawn from latitude 38°42′25″ N.,
longitude 076°10′45″ W., thence south
to latitude 38°41′37″ N., longitude
076°10′26″ W., and bounded on the west
by a line drawn from latitude 38°41′58″
N., longitude 076°11′04″ W., thence
south to latitude 38°41′25″ N., longitude
076°10′49″ W., thence east to latitude
38°41′25″ N., longitude 076°10′30″ W.,
located at Oxford, MD. All coordinates
reference Datum NAD 1983.
(c) Special local regulations. (1) The
COTP or Coast Guard Patrol
Commander may forbid and control the
movement of all vessels and persons,
including event participants, in the
regulated area. When hailed or signaled
by an official patrol, a vessel or person
in the regulated area shall immediately
comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both. The Coast Guard Patrol
Commander may terminate the event, or
the operation of any support vessel
participating in the event, at any time it
is deemed necessary for the protection
of life or property.
(2) Except for participants and vessels
already at berth, all persons and vessels
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within the regulated area at the time it
is implemented shall depart the
regulated area.
(3) Persons and vessels desiring to
transit, moor, or anchor within the
regulated area must obtain authorization
from Captain of the Port MarylandNational Capital Region or Coast Guard
Patrol Commander. Prior to the
enforcement period, vessel operators
may request permission to transit, moor,
or anchor within the regulated area
from, the Captain of the Port MarylandNational Capital Region at telephone
number 410–576–2693 or on Marine
Band Radio, VHF–FM channel 16 (156.8
MHz). During the enforcement period,
persons or vessel operators may request
permission to transit, moor, or anchor
within the regulated area from, the
Coast Guard Patrol Commander on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz) for direction.
(4) The Coast Guard may be assisted
with marine event patrol and
enforcement of the regulated area by
other Federal, State, and local agencies.
The Coast Guard Patrol Commander and
official patrol vessels enforcing this
regulated area can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz) and channel 22A (157.1
MHz).
(5) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement period. This section
will be enforced from 8:30 a.m. until
11:30 a.m. on June 10, 2017, and if
necessary, due to inclement weather,
from 8:30 a.m. until 11:30 a.m. on June
11, 2017.
Dated: April 13, 2017.
Michael W. Batchelder,
Commander, U.S. Coast Guard, Acting
Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2017–07957 Filed 4–19–17; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2017–0227]
RIN 1625–AA00
Safety Zone; Annual Events Requiring
Safety Zones in the Captain of the Port
Lake Michigan Zone—Rockets for
Schools Rocket Launch
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone on the Sheboygan
Harbor, near the Sheboygan South Pier
in Sheboygan, WI for the Rockets for
Schools Rocket Launch on May 13,
2017. This action is necessary and
intended to ensure safety of life on
navigable waters immediately prior to,
during, and after the rocket launch.
During the aforementioned period, the
Coast Guard will enforce restrictions
upon, and control movement of, vessels
in the safety zone. No person or vessel
may enter the safety zone while it is
being enforced without permission of
the Captain of the Port Lake Michigan
or a designated representative.
DATES: The regulations in 33 CFR
165.929 will be enforced for safety zone
(c)(3), Table 165.929, from 8:45 a.m.
until 4:15 p.m. on May 13, 2017.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this document,
call or email MST1 Kaleena D. Carpino,
marine event coordinator, Prevention
Department, Coast Guard Sector Lake
Michigan, Milwaukee, WI at (414) 747–
7148, email D09-SMBSECLakeMichigan-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Rockets for
School Rocket Launch safety zone listed
as item (c)(3) in Table 165.929 of 33 CFR
165.929. Section 165.929 lists many
annual events requiring safety zones in
the Captain of the Port Lake Michigan
zone. This safety zone will encompass
all waters of the Sheboygan Harbor
within the arc of a circle with a 1500yard radius from a center point launch
position at 43°44.914′ N., 087°41.869′
W. (NAD 83). As specified in 33 CFR
165.929, all vessels must obtain
permission from the Captain of the Port
Lake Michigan or a designated
representative to enter, move within, or
exit the safety zone when it is enforced.
Vessels and persons granted permission
to enter the safety zone must obey all
lawful orders or directions of the
SUMMARY:
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Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Rules and Regulations
Captain of the Port Lake Michigan or a
designated representative.
This document is issued under
authority of 33 CFR 165.929, Safety
Zones; Annual events requiring safety
zones in the Captain of the Port Lake
Michigan zone, and 5 U.S.C. 552(a). In
addition to this publication in the
Federal Register, the Coast Guard plans
to provide the maritime community
with advance notification for the
enforcement of this zone via Broadcast
Notice to Mariners or Local Notice to
Mariners. The Captain of the Port Lake
Michigan or a representative may be
contacted via Channel 16, VHF–FM.
Dated: April 12, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2017–07982 Filed 4–19–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Part 36
RIN 1801–AA16
[Docket ID ED–2016–OGC–0051]
Adjustment of Civil Monetary Penalties
for Inflation
Department of Education.
Final regulations.
AGENCY:
ACTION:
The Department of Education
(Department) issues these final
regulations to adjust the Department’s
civil monetary penalties (CMPs) for
inflation. An initial ‘‘catch-up’’
adjustment was required by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (2015 Act),
which amended the Federal Civil
Penalties Inflation Adjustment Act of
1990 (Inflation Adjustment Act). These
final regulations provide the 2017
annual inflation adjustments to the
initial ‘‘catch-up’’ adjustments we made
on August 1, 2016, through an interim
final rule (IFR).
DATES: These regulations are effective
April 20, 2017. The adjusted CMPs
established by these regulations are
applicable only to civil penalties
assessed after April 20, 2017 whose
associated violations occurred after
November 2, 2015. For a description of
the CMPs applicable under other
circumstances, see the SUPPLEMENTARY
INFORMATION section.
FOR FURTHER INFORMATION CONTACT:
Levon Schlichter, U.S. Department of
Education, Office of the General
Counsel, 400 Maryland Avenue SW.,
Room 6E235, Washington, DC 20202–
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SUMMARY:
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13:10 Apr 19, 2017
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2241. Telephone: (202) 453–6387 or by
email: levon.schlichter@ed.gov.
If you use a telecommunications
device for the deaf or a text telephone,
call the Federal Relay Service, toll free,
at 1–800–877–8339.
Individuals with disabilities can
obtain this document in an accessible
format (e.g., Braille, large print,
audiotape, or compact disc) on request
to the contact person listed in this
section.
SUPPLEMENTARY INFORMATION:
Background:
The Inflation Adjustment Act (28
U.S.C. 2461 note) provides for the
regular evaluation of CMPs to ensure
that they continue to maintain their
deterrent value. The Inflation
Adjustment Act required that each
agency issue regulations to adjust its
CMPs beginning in 1996 and at least
every four years thereafter. The
Department published its most recent
cost adjustment to each CMP in the
Federal Register on October 2, 2012 (77
FR 60047), and those adjustments
became effective on the date of
publication.
The 2015 Act (section 701 of Pub. L.
114–74) amended the Inflation
Adjustment Act to improve the
effectiveness of CMPs and to maintain
their deterrent effect.
The 2015 Act requires agencies to: (1)
Adjust the level of CMPs with an initial
‘‘catch-up’’ adjustment through an IFR;
and (2) make subsequent annual
adjustments for inflation. Catch-up
adjustments are based on the percentage
change between the Consumer Price
Index for all Urban Consumers (CPI–U)
for the month of October in the year the
penalty was last adjusted by a statute
other than the Inflation Adjustment Act,
and the October 2015 CPI–U. Annual
inflation adjustments are based on the
percentage change between the October
CPI–U preceding the date of each
statutory adjustment, and the prior
year’s October CPI–U.1
The Department published an IFR
with the initial ‘‘catch-up’’ penalty
adjustment amounts on August 1, 2016
(81 FR 50321). These adjustments are
currently in effect and apply to all CMPs
covered by the Inflation Adjustment
Act. We did not receive any public
comments on this IFR.
A CMP is defined in the Inflation
Adjustment Act as any penalty, fine, or
other sanction that is (1) for a specific
monetary amount as provided by
Federal law, or has a maximum amount
1 If a statute that created a penalty is amended to
change the penalty amount, the Department does
not adjust the penalty in the year following the
adjustment.
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18559
provided for by Federal law; (2)
assessed or enforced by an agency
pursuant to Federal law; and (3)
assessed or enforced pursuant to an
administrative proceeding or a civil
action in the Federal courts.
The formula for the amount of a CMP
inflation adjustment is prescribed by
law, as explained in OMB Memorandum
M–16–06 (February 24, 2016), and is not
subject to the exercise of discretion by
the Secretary of Education (Secretary).
Under the 2015 Act, the Department
was required to use, as the baseline for
adjusting the CMPs in the IFR, the CMP
amounts as they were most recently
established or adjusted under a
provision of law other than the Inflation
Adjustment Act. In accordance with the
2015 Act, we did not use the amounts
set out in 34 CFR part 36 in 2012 in the
formula used in the IFR to adjust for
inflation because those CMP amounts
were updated pursuant to the Inflation
Adjustment Act.2 Instead, the baselines
we used in the IFR were the amounts set
out most recently in each of the statutes
that provide for civil penalties. Using
these statutory CMPs, we determined
which year those amounts were
originally enacted by Congress (or the
year the statutory amounts were last
amended by the statute that established
the penalty) and used the annual
inflation adjustment multiplier
corresponding to that year from Table A
in OMB Memorandum M–16–06. We
then rounded the number to the nearest
dollar and checked, as required by the
Inflation Adjustment Act, to see if that
adjusted amount exceeded 150 percent
of the CMP amount that was established
under 34 CFR part 36, and in effect on
November 2, 2015. If any of the amounts
exceeded 150 percent, we were required
to use the lesser amount (the 150
percent amount). All of the adjusted
amounts were less than 150 percent so
we did not have to replace any of the
amounts we calculated using the
multiplier from Table A of OMB
Memorandum M–16–06 with the lesser
amount.
In these final regulations, we adjust
each CMP amount provided in the IFR
by a factor of 1.01636, as directed by
OMB Memorandum M–17–11.
Effective Dates:
The precise penalty amount that will
apply to violations occurring before
2 As originally enacted, the Inflation Adjustment
Act limited the first increased adjustment, which
we made through regulation, to a maximum of 10
percent. This 10 percent limitation affected the
increase we last made in the 2012 rulemaking. In
the 2015 Act, Congress determined that limiting the
first adjustments to 10 percent reduced the
effectiveness of the penalties, so the 2015 Act
requires us to use the statutory amounts as our
baseline.
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Agencies
[Federal Register Volume 82, Number 75 (Thursday, April 20, 2017)]
[Rules and Regulations]
[Pages 18558-18559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07982]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2017-0227]
RIN 1625-AA00
Safety Zone; Annual Events Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone--Rockets for Schools Rocket Launch
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the safety zone on the Sheboygan
Harbor, near the Sheboygan South Pier in Sheboygan, WI for the Rockets
for Schools Rocket Launch on May 13, 2017. This action is necessary and
intended to ensure safety of life on navigable waters immediately prior
to, during, and after the rocket launch. During the aforementioned
period, the Coast Guard will enforce restrictions upon, and control
movement of, vessels in the safety zone. No person or vessel may enter
the safety zone while it is being enforced without permission of the
Captain of the Port Lake Michigan or a designated representative.
DATES: The regulations in 33 CFR 165.929 will be enforced for safety
zone (c)(3), Table 165.929, from 8:45 a.m. until 4:15 p.m. on May 13,
2017.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email MST1 Kaleena D. Carpino, marine event
coordinator, Prevention Department, Coast Guard Sector Lake Michigan,
Milwaukee, WI at (414) 747-7148, email D09-SMB-SECLakeMichigan-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Rockets for
School Rocket Launch safety zone listed as item (c)(3) in Table 165.929
of 33 CFR 165.929. Section 165.929 lists many annual events requiring
safety zones in the Captain of the Port Lake Michigan zone. This safety
zone will encompass all waters of the Sheboygan Harbor within the arc
of a circle with a 1500-yard radius from a center point launch position
at 43[deg]44.914' N., 087[deg]41.869' W. (NAD 83). As specified in 33
CFR 165.929, all vessels must obtain permission from the Captain of the
Port Lake Michigan or a designated representative to enter, move
within, or exit the safety zone when it is enforced. Vessels and
persons granted permission to enter the safety zone must obey all
lawful orders or directions of the
[[Page 18559]]
Captain of the Port Lake Michigan or a designated representative.
This document is issued under authority of 33 CFR 165.929, Safety
Zones; Annual events requiring safety zones in the Captain of the Port
Lake Michigan zone, and 5 U.S.C. 552(a). In addition to this
publication in the Federal Register, the Coast Guard plans to provide
the maritime community with advance notification for the enforcement of
this zone via Broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port Lake Michigan or a representative may be
contacted via Channel 16, VHF-FM.
Dated: April 12, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2017-07982 Filed 4-19-17; 8:45 am]
BILLING CODE 9110-04-P