Safety Zone; Mill Creek, Hampton, VA, 26848-26850 [2017-12083]
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26848
Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Rules and Regulations
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 it is one of a category
of actions that do not individually or
cumulatively have a significant effect on
the human environment. This rule
adjusts rates in accordance with
applicable statutory and regulatory
mandates. It is categorically excluded
under section 2.B.2, figure 2–1,
paragraph 34(g) of the Instruction,
which pertains to minor regulatory
changes that are editorial or procedural
in nature. A Record of Environmental
Consideration (REC) supporting this
determination is available in the docket
where indicated in the ADDRESSES
section of this preamble.
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
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer operating on board a Coast Guard
vessel and or on board another Federal,
State, or local law enforcement vessel
assisting the Captain of the Port,
Delaware Bay in the enforcement of the
safety zone.
(b) Location. The following area is a
security zone: All waters of Delaware
River, adjacent to Penns Landing,
Philadelphia, PA, bounded from
shoreline to shoreline, bounded on the
south by a line running east to west
from points along the shoreline
commencing at latitude 39°56′31.2″ N.,
longitude 075°08′28.1″ W.; thence
westward to latitude 39°56′29″.1 N.,
longitude 075°07′56.5″ W., and bounded
on the north by the Benjamin Franklin
Bridge where it crosses the Delaware
River.
(c) Regulations. (1) The general safety
zone regulations found in § 165.23
apply to the safety zone created by this
temporary section.
(2) Under the general safety zone
regulations in § 165.23, persons may not
enter the safety zone described in
paragraph (b) of this section unless
authorized by the COTP or the COTP’s
designated representative.
(3) To request permission to enter the
safety zone, contact the COTP or the
COTP’s representative on VHF–FM
channel 16. All persons and vessels in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(d) Enforcement period. This section
will be enforced on June 12, 2017, and
June 13, 2017 from 8:45 p.m. to 10:30
p.m., each day.
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:
Dated: June 6, 2017.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 165
continues to read as follows:
Coast Guard
[FR Doc. 2017–12093 Filed 6–9–17; 8:45 am]
BILLING CODE 9110–04–P
pmangrum on DSK3GDR082PROD with RULES
■
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.T05–0399 to read as
follows:
■
§ 165.T05–0399 Safety Zone; Delaware
River; Philadelphia, PA.
(a) Definitions. As used in this
section, designated representative
VerDate Sep<11>2014
15:07 Jun 09, 2017
Jkt 241001
33 CFR Part 165
[Docket Number USCG–2017–0075]
RIN 1625–AA00
Safety Zone; Mill Creek, Hampton, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
SUMMARY:
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navigable waters within a 170-yard
radius of the fireworks barge in Mill
Creek, Hampton, VA. The safety zone is
needed to protect persons, vessels, and
the marine environment from potential
hazards associated with fireworks
display. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port Hampton Roads.
DATES: This rule is effective from 9 p.m.
through 10 p.m. on July 4, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0075 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 LCDR Barbara Wilk, Waterways
Management Division Chief, Sector
Hampton Roads, U.S. Coast Guard;
telephone 757–668–5580, email
HamptonRoadsWaterway@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
§ 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 it
would be impracticable and contrary to
the public interest to do so as this safety
zone must be established by July 4,
2017, to protect the public from
potential safety hazards associated with
the fireworks display.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register.
Delaying the effective date of this rule
would be contrary to public interest
because a safety zone is needed to
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Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Rules and Regulations
protect the public from the potential
safety hazards associated with the
fireworks display. This event is planned
by the local community and
accordingly, the public has received
advanced notification of this upcoming
event through media outlets and has
had time to prepare.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port (COTP) Hampton
Roads has determined that potential
hazards associated with fireworks
displays starting July 4, 2017 will be a
safety concern for anyone within a 170yard radius of fireworks display barge.
This rule is needed to protect persons,
vessels, and the marine environment on
the navigable waters within the safety
zone during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone
from 9 p.m. through 10 p.m. on July 4,
2017. The safety zone will cover all
navigable waters within 170 yards of
fireworks display barge in approximate
position latitude 37°00′36″ N., longitude
076°18′26″ W. (NAD 1983). The
duration of the zone is intended to
protect persons, vessels, and the marine
environment on these navigable waters
during the fireworks display. No vessel
or person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative.
pmangrum on DSK3GDR082PROD with RULES
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.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the safety zone.
VerDate Sep<11>2014
15:07 Jun 09, 2017
Jkt 241001
Vessel traffic will be able to safely
transit around this safety zone which
will impact a small designated area of
Mill Creek in Hampton, VA for one
hour. Further, Mill Creek does not serve
as a throughway for any waterborne
transit. The Coast Guard will issue
Broadcast Notice to Mariners via VHF–
FM marine channel 16 regarding the
safety zone, the rule allows vessels to
request permission from the COTP to
enter the safety zone if deemed safe to
do so.
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.
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.
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26849
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting approximately one hour
duration that will prohibit entry within
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26850
Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Rules and Regulations
170 yard radius of fireworks display
barge. It is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. A preliminary Record of
Environmental Consideration (REC)
supporting this determination is
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
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:
or his designated representatives. All
vessels underway within this safety
zone at the time it’s implemented are to
depart the zone immediately. The
Captain of the Port, Hampton Roads or
representative can be contacted at
telephone number (757) 668–5555. The
Coast Guard and designated security
vessels enforcing the safety zone can be
contacted on VHF–FM marine band
radio channel 13 (165.65 MHz) and
channel 16 (156.8 MHz).
(3) This section applies to all persons
or vessels that intent to transit through
the safety zone except participants and
vessels that are engaged in the following
operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation, and
(iii) Emergency response vessels.
(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) Enforcement period. This section
will be enforced from 9 p.m. through 10
p.m. on July 4, 2017.
Dated: June 6, 2017.
Richard J. Wester,
Captain, U.S. Coast Guard, Captain of the
Port, Hampton Road.
[FR Doc. 2017–12083 Filed 6–9–17; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
BILLING CODE 9110–04–P
■
1. The authority citation for part 165
continues to read as follows:
LIBRARY OF CONGRESS
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
Department of Homeland Security Delegation
No. 0170.1.
Copyright Office
2. Add § 165.T05–0075 to read as
follows:
37 CFR Parts 201 and 202
[Docket No. 2017–8]
■
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§ 165.T05–0075
Hampton, VA.
Secure Tests
(a) Definitions. For the purposes of
this section, Captain of the Port means
the Commander, Sector Hampton Roads.
Representative means any Coast Guard
commissioned, warrant or petty officer
who has been authorized to act on the
behalf of the Captain of the Port.
Participants mean individuals and
vessels involved in explosives training.
(b) Locations. The following area is a
safety zone: All waters of Mill Creek,
within 170 yard radius of latitude
37°00′36″ N., longitude 076°18′26″ W.
(NAD 1983).
(c) Regulations. (1) All persons are
required to comply with the general
regulations governing safety zones in
§ 165.23.
(2) With the exception of participants,
entry into or remaining in this safety
zone is prohibited unless authorized by
the Captain of the Port, Hampton Roads
VerDate Sep<11>2014
15:07 Jun 09, 2017
Jkt 241001
U.S. Copyright Office, Library
of Congress.
ACTION: Interim rule with request for
comments.
AGENCY:
Safety Zone, Mill Creek;
The U.S. Copyright Office is
issuing an interim rule that
memorializes its special procedure for
examining secure tests. The interim rule
also includes a new workflow that will
increase the efficiency of these
examinations. Going forward, applicants
must submit an online application,
upload a redacted copy of the entire test
to the electronic registration system, and
complete and submit a brief
questionnaire about the test. If the work
appears to be eligible for the secure test
process, the Office will contact the
applicant and schedule an appointment
to deliver the test to the Office in
person. On the appointed date, the
applicant must bring a copy of the
application and a complete unredacted
SUMMARY:
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Sfmt 4700
copy of the actual test. In addition, the
applicant must bring a copy of the
redacted version of the test, and a
signed declaration confirming that this
copy is identical to the redacted copy
that was uploaded to the electronic
registration system. If the Office
confirms that the work qualifies as a
secure test, it will examine the test as a
whole to determine if it contains
sufficient copyrightable authorship. If
the Office registers the secure test, the
registration will be effective as of the
date that the Office received the
application, filing fee, and the redacted
copy of the entire test in proper form
through the electronic registration
system. The Office welcomes public
comment on the interim rule.
DATES: Effective July 12, 2017.
Comments on the interim rule must be
made in writing and must be received
by the U.S. Copyright Office no later
than December 11, 2017.
ADDRESSES: For reasons of government
efficiency, the Copyright Office is using
the regulations.gov system for the
submission and posting of public
comments in this proceeding. All
comments are therefore to be submitted
electronically through regulations.gov.
Specific instructions for submitting
comments are available on the
Copyright Office Web site at https://
copyright.gov/rulemaking/securetests/.
If electronic submission of comments is
not feasible due to lack of access to a
computer and/or the internet, please
contact the Office for special
instructions using the contact
information below.
FOR FURTHER INFORMATION CONTACT:
Robert J. Kasunic, Associate Register of
Copyrights and Director of Registration
Policy and Practice, Erik Bertin, Deputy
Director of Registration Policy and
Practice, or Abioye Mosheim, Attorney
Advisor, by telephone at 202–707–8040
or by email at rkas@loc.gov,ebertin@
loc.gov and abmo@loc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. The Current Regulation
Section 408(c)(1) of the Copyright Act
authorizes the Register of Copyrights
(the ‘‘Register’’) to issue regulations
establishing administrative classes for
the purpose of registering works with
the U.S. Copyright Office (the ‘‘Office’’).
It authorizes the Register to issue
regulations specifying the nature of the
copies or phonorecords required for
each class. And it states that the Register
‘‘may require or permit, for particular
classes, the deposit of identifying
material instead of copies or
phonorecords.’’ 17 U.S.C. 408(c)(1).
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]]>Agencies
[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Rules and Regulations]
[Pages 26848-26850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12083]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0075]
RIN 1625-AA00
Safety Zone; Mill Creek, Hampton, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 170-yard radius of the fireworks barge in
Mill Creek, Hampton, VA. The safety zone is needed to protect persons,
vessels, and the marine environment from potential hazards associated
with fireworks display. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Hampton Roads.
DATES: This rule is effective from 9 p.m. through 10 p.m. on July 4,
2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0075 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 LCDR Barbara Wilk, Waterways Management Division Chief,
Sector Hampton Roads, U.S. Coast Guard; telephone 757-668-5580, email
HamptonRoadsWaterway@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
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 it would be impracticable and
contrary to the public interest to do so as this safety zone must be
established by July 4, 2017, to protect the public from potential
safety hazards associated with the fireworks display.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be contrary to public interest because a safety
zone is needed to
[[Page 26849]]
protect the public from the potential safety hazards associated with
the fireworks display. This event is planned by the local community and
accordingly, the public has received advanced notification of this
upcoming event through media outlets and has had time to prepare.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port (COTP) Hampton Roads has determined that
potential hazards associated with fireworks displays starting July 4,
2017 will be a safety concern for anyone within a 170-yard radius of
fireworks display barge. This rule is needed to protect persons,
vessels, and the marine environment on the navigable waters within the
safety zone during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 p.m. through 10 p.m. on
July 4, 2017. The safety zone will cover all navigable waters within
170 yards of fireworks display barge in approximate position latitude
37[deg]00'36'' N., longitude 076[deg]18'26'' W. (NAD 1983). The
duration of the zone is intended to protect persons, vessels, and the
marine environment on these navigable waters during the fireworks
display. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a 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 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.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of Mill Creek in Hampton, VA for one
hour. Further, Mill Creek does not serve as a throughway for any
waterborne transit. The Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 regarding the safety zone, the
rule allows vessels to request permission from the COTP to enter the
safety zone if deemed safe to do so.
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.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting approximately one hour duration
that will prohibit entry within
[[Page 26850]]
170 yard radius of fireworks display barge. It is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A preliminary Record of Environmental
Consideration (REC) supporting this determination is available in the
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0075 to read as follows:
Sec. 165.T05-0075 Safety Zone, Mill Creek; Hampton, VA.
(a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector Hampton Roads. Representative means
any Coast Guard commissioned, warrant or petty officer who has been
authorized to act on the behalf of the Captain of the Port.
Participants mean individuals and vessels involved in explosives
training.
(b) Locations. The following area is a safety zone: All waters of
Mill Creek, within 170 yard radius of latitude 37[deg]00'36'' N.,
longitude 076[deg]18'26'' W. (NAD 1983).
(c) Regulations. (1) All persons are required to comply with the
general regulations governing safety zones in Sec. 165.23.
(2) With the exception of participants, entry into or remaining in
this safety zone is prohibited unless authorized by the Captain of the
Port, Hampton Roads or his designated representatives. All vessels
underway within this safety zone at the time it's implemented are to
depart the zone immediately. The Captain of the Port, Hampton Roads or
representative can be contacted at telephone number (757) 668-5555. The
Coast Guard and designated security vessels enforcing the safety zone
can be contacted on VHF-FM marine band radio channel 13 (165.65 MHz)
and channel 16 (156.8 MHz).
(3) This section applies to all persons or vessels that intent to
transit through the safety zone except participants and vessels that
are engaged in the following operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation, and
(iii) Emergency response vessels.
(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) Enforcement period. This section will be enforced from 9 p.m.
through 10 p.m. on July 4, 2017.
Dated: June 6, 2017.
Richard J. Wester,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Road.
[FR Doc. 2017-12083 Filed 6-9-17; 8:45 am]
BILLING CODE 9110-04-P
