Safety Zone; Upper Mississippi River, Crystal City, MO, 46132-46134 [2017-21256]
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46132
Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations
Section J36.109 Measurement of Helicopter
Noise Received on the Ground
§ 91.853 Final compliance: Civil subsonic
airplanes.
*
Except as provided in § 91.873, after
December 31, 1999, no person shall
operate to or from any airport in the
contiguous United States any airplane
subject to § 91.801(c), unless that
airplane has been shown to comply with
Stage 3, Stage 4, or Stage 5 noise levels.
*
*
*
*
(d) * * *
(1) * * *
(i) The SEL values from each flyover test
may be directly determined from an
integrating sound level meter complying with
the standards of IEC 804 (Incorporated by
reference, see § 36.6) for a Type 1 instrument
set at ‘‘slow’’ response.
(ii) The acoustic signal from the helicopter,
along with the calibration signals specified
under paragraph (e) of this section and the
background noise signal required under
paragraph (f) of this section, may be recorded
on a magnetic tape recorder for subsequent
analysis for an integrating sound level meter
identified in paragraph (d)(1)(i) of this
section. The record/playback system
(including the audio tape) of the tape
recorder must conform to the requirements
prescribed in section A36.3.6 of appendix A
to this part. The tape recorder shall comply
with the specifications of IEC 561
(Incorporated by reference, see § 36.6).
(iii) The characteristics of the complete
system shall comply with the
recommendations given in IEC 651
(Incorporated by reference, see § 36.6) with
regard to the specifications concerning
microphone, amplifier, and indicating
instrument characteristics.
(iv) The response of the complete system
to a sensibly plane progressive wave of
constant amplitude shall lie within the
tolerance limits specified in Table IV and
Table V for Type 1 instruments in IEC 651
for weighting curve ‘‘A’’ over the frequency
range of 45 Hz to 11500 Hz.
(2) [Reserved]
PART 91—GENERAL OPERATING AND
FLIGHT RULES
15. The authority citation for part 91
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 1155,
40103, 40113, 40120, 44101, 44111, 44701,
44704, 44709, 44711, 44712, 44715, 44716,
44717, 44722, 46306, 46315, 46316, 46504,
46506–46507, 47122, 47508, 47528–47531,
47534, articles 12 and 29 of the Convention
on International Civil Aviation (61 Stat.
1180), (126 Stat. 11).
16. Amend § 91.851 by adding in
alphabetical order definitions for the
terms ‘‘Stage 5 airplane’’ and ‘‘Stage 5
noise level’’ to read as follows:
■
§ 91.851
Definitions.
sradovich on DSK3GMQ082PROD with RULES
*
*
*
*
*
Stage 5 airplane means an airplane
that has been shown not to exceed the
Stage 5 noise limit prescribed in part 36
of this chapter. A Stage 5 airplane
complies with all of the noise operating
rules of this part.
Stage 5 noise level means a noise level
at or below the Stage 5 noise limit
prescribed in part 36 of this chapter.
■ 17. Revise § 91.853 to read as follows:
VerDate Sep<11>2014
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Issued under authority of 49 U.S.C. 106(f),
44701(a), and 44715 in Washington, DC, on
September 11, 2017.
Michael P. Huerta,
Administrator.
[FR Doc. 2017–21092 Filed 10–3–17; 8:45 am]
BILLING CODE 4910–13–P
18. Amend § 91.855 by revising
paragraph (a) to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
§ 91.855
Coast Guard
■
Entry and nonaddition rule.
*
*
*
*
*
(a) The airplane complies with Stage
3, Stage 4, or Stage 5 noise levels.
*
*
*
*
*
19. Amend § 91.858 by revising
paragraph (a)(2) to read as follows:
■
§ 91.858 Special flight authorizations for
non-revenue Stage 2 operations.
(a) * * *
(2) Obtain modifications to meet Stage
3, Stage 4, or Stage 5 noise levels.
*
*
*
*
*
■
20. Revise § 91.859 to read as follows:
§ 91.859 Modification to meet Stage 3,
Stage 4, or Stage 5 noise levels.
For an airplane subject to § 91.801(c)
of this subpart and otherwise prohibited
from operation to or from an airport in
the contiguous United States by
§ 91.855, any person may apply for a
special flight authorization for that
airplane to operate in the contiguous
United States for the purpose of
obtaining modifications to meet Stage 3,
Stage 4, or Stage 5 noise levels.
■
21. Revise § 91.881 to read as follows:
§ 91.881 Final compliance: Civil subsonic
jet airplanes weighing 75,000 pounds or
less.
Except as provided in § 91.883, after
December 31, 2015, a person may not
operate to or from an airport in the
contiguous United States a civil
subsonic jet airplane subject to
§ 91.801(e) of this subpart that weighs
less than 75,000 pounds unless that
airplane has been shown to comply with
Stage 3, Stage 4, or Stage 5 noise levels.
22. Amend § 91.883 by revising
paragraph (a)(3) to read as follows:
■
§ 91.883 Special flight authorizations for
jet airplanes weighing 75,000 pounds or
less.
(a) * * *
(3) To obtain modifications to the
airplane to meet Stage 3, Stage 4, or
Stage 5 noise levels.
*
*
*
*
*
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33 CFR Part 165
[Docket Number USCG–2017–0585]
RIN 1625–AA00
Safety Zone; Upper Mississippi River,
Crystal City, MO
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone for all
navigable waters on the Upper
Mississippi River between mile marker
(MM) 147.5 and MM 148.5. This action
is necessary to provide for the safety of
life, vessels and property on these
navigable waters near Crystal City, MO
while construction work is completed
on new power lines extending across
the river. Entry of vessels or persons
into this safety zone is prohibited unless
authorized by the Captain of the Port
Sector Upper Mississippi River (COTP)
or a designated representative.
DATES: This rule is effective from 7:30
a.m. on October, 17, 2017 through 6:30
p.m. on November 1, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0585 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 Sean Peterson, Chief of
Prevention, U.S. Coast Guard; telephone
314–269–2332, email Sean.M.Peterson@
uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper
Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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04OCR1
Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations
II. Background Information and
Regulatory History
The Coast Guard preceded this final
rule with a Notice of Proposed
Rulemaking (NPRM). The NPRM was
published in the Federal Register on
August 9, 2017, (82 FR 37182). There we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action related to work on
power lines extending over the Upper
Mississippi River in Crystal City, MO.
The NPRM listed dates and times of
enforcement of the safety zone. During
the comment period that ended
September 8, 2017, we received no
comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
contrary to public interest in ensuring
the safety of spectators and vessels
during the power line work because
immediate action is necessary to
prevent possible loss of life and
property.
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 Sector Upper
Mississippi River (COTP) has
determined that potential hazards
associated with power line work over
the Upper Mississippi River will cause
safety concerns. The purpose of this rule
is to ensure safety of life, vessels and the
navigable waters in the safety zones,
before, during, and after the scheduled
work.
sradovich on DSK3GMQ082PROD with RULES
IV. Discussion of the Comments,
Changes, and the Rule
As noted above, during the comment
period for our NPRM that published
August 9, 2017, no comments were
received. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a safety zone
from 7:30 a.m. on October 17, 2017
through 6:30 p.m. on November 1, 2017.
The safety zone will be enforced from
7:30 a.m. through 6:30 p.m. each day.
The safety zone will cover all navigable
waters between mile marker (MM) 147.5
and MM 148.5 on the Upper Mississippi
River in Crystal City, MO. The duration
of the zone is intended to ensure the
safety of vessels and participants on the
navigable waters before, during, and
after the power line construction work.
Entry of vessels or persons into this
safety zone is prohibited without
obtaining permission from the COTP or
a designated representative.
VerDate Sep<11>2014
17:39 Oct 03, 2017
Jkt 244001
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the safety zone. This
final rule establishes a safety zone will
only be enforced for a period of eleven
hours on each of sixteen days on one
mile of navigable waters. Entry into the
safety zone established through this
rulemaking may be requested from the
COTP or a designated representative
and will be considered on a case-bycase. During the enforcement period,
vessels are prohibited from entering into
or remaining within the safety zone
unless specifically authorized by the
COTP or other designated
representative. Additionally, notice of
the safety zone or any changes in the
planned schedule will be made via
Broadcast and Local Notice to Mariners.
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 received no comments
from the Small Business Administration
on this rulemaking. 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
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46133
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
E:\FR\FM\04OCR1.SGM
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46134
Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ENVIRONMENTAL PROTECTION
AGENCY
E. Unfunded Mandates Reform Act
■
1. The authority citation for part 165
continues to read as follows:
40 CFR Part 52
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 for eleven hours on each of
sixteen days during daylight hours and
restricts transit on a section of the
Upper Mississippi River extending one
mile. It is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
sradovich on DSK3GMQ082PROD with RULES
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:
VerDate Sep<11>2014
17:39 Oct 03, 2017
Jkt 244001
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.T08–0585 to read as
follows:
■
§ 165.T08–0585 Safety Zone; Upper
Mississippi River, Crystal City, MO.
(a) Location. The following area is a
safety zone: All navigable waters of the
Upper Mississippi River between mile
marker (MM) 147.5 and MM 148.5,
Crystal City, MO.
(b) Definitions. As used in this
section, a designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector Upper Mississippi River
(COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general
safety zone regulations in § 165.23, you
may not enter the safety zone described
in paragraph (a) of this section unless
authorized by the COTP or a designated
representative.
(2) To seek permission to enter,
contact the COTP or a designated
representative via VHF–FM channel 16,
or Coast Guard Sector Upper
Mississippi River by telephone at 314–
269–2332. Those persons authorized to
be in the safety zone must comply with
all lawful orders or directions given to
them by the COTP or a designated
representative.
(d) Effective period. This section will
be effective from 7:30 a.m. through 6:30
p.m. on October 17, 2017 through
November 1, 2017.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public through
broadcast notices to mariners of the
enforcement period for the safety zone
as well as any changes in the dates and
times of enforcement.
Dated: September 27, 2017.
Scott A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Upper Mississippi River.
[FR Doc. 2017–21256 Filed 10–3–17; 8:45 am]
BILLING CODE 9110–04–P
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[EPA–R04–OAR–2017–0321; FRL–9968–72–
Region 4]
Air Plan Approval; North Carolina;
Interstate Transport
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving North
Carolina’s December 9, 2015, State
Implementation Plan (SIP) submission
pertaining to the Clean Air Act’s (CAA
or Act) ‘‘good neighbor’’ provision for
the 2008 8-hour ozone National
Ambient Air Quality Standards
(NAAQS). The good neighbor provision
requires each state’s SIP to address the
interstate transport of air pollution in
amounts that contribute significantly to
nonattainment, or interfere with
maintenance, of a NAAQS in any other
state. EPA concludes that North
Carolina’s SIP contains adequate
provisions to prohibit emissions within
the state from contributing significantly
to nonattainment or interfering with
maintenance of the 2008 8-hour ozone
NAAQS in any other state.
DATES: This rule will be effective
November 3, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0321. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding federal holidays.
SUMMARY:
E:\FR\FM\04OCR1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Rules and Regulations]
[Pages 46132-46134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21256]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0585]
RIN 1625-AA00
Safety Zone; Upper Mississippi River, Crystal City, MO
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for all
navigable waters on the Upper Mississippi River between mile marker
(MM) 147.5 and MM 148.5. This action is necessary to provide for the
safety of life, vessels and property on these navigable waters near
Crystal City, MO while construction work is completed on new power
lines extending across the river. Entry of vessels or persons into this
safety zone is prohibited unless authorized by the Captain of the Port
Sector Upper Mississippi River (COTP) or a designated representative.
DATES: This rule is effective from 7:30 a.m. on October, 17, 2017
through 6:30 p.m. on November 1, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0585 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 Sean Peterson, Chief of Prevention, U.S. Coast
Guard; telephone 314-269-2332, email Sean.M.Peterson@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
[[Page 46133]]
II. Background Information and Regulatory History
The Coast Guard preceded this final rule with a Notice of Proposed
Rulemaking (NPRM). The NPRM was published in the Federal Register on
August 9, 2017, (82 FR 37182). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to work
on power lines extending over the Upper Mississippi River in Crystal
City, MO. The NPRM listed dates and times of enforcement of the safety
zone. During the comment period that ended September 8, 2017, we
received no comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to public interest in ensuring the safety of spectators and
vessels during the power line work because immediate action is
necessary to prevent possible loss of life and property.
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 Sector Upper Mississippi River (COTP) has
determined that potential hazards associated with power line work over
the Upper Mississippi River will cause safety concerns. The purpose of
this rule is to ensure safety of life, vessels and the navigable waters
in the safety zones, before, during, and after the scheduled work.
IV. Discussion of the Comments, Changes, and the Rule
As noted above, during the comment period for our NPRM that
published August 9, 2017, no comments were received. There are no
changes in the regulatory text of this rule from the proposed rule in
the NPRM.
This rule establishes a safety zone from 7:30 a.m. on October 17,
2017 through 6:30 p.m. on November 1, 2017. The safety zone will be
enforced from 7:30 a.m. through 6:30 p.m. each day. The safety zone
will cover all navigable waters between mile marker (MM) 147.5 and MM
148.5 on the Upper Mississippi River in Crystal City, MO. The duration
of the zone is intended to ensure the safety of vessels and
participants on the navigable waters before, during, and after the
power line construction work. Entry of vessels or persons into this
safety zone is prohibited 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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. This final
rule establishes a safety zone will only be enforced for a period of
eleven hours on each of sixteen days on one mile of navigable waters.
Entry into the safety zone established through this rulemaking may be
requested from the COTP or a designated representative and will be
considered on a case-by-case. During the enforcement period, vessels
are prohibited from entering into or remaining within the safety zone
unless specifically authorized by the COTP or other designated
representative. Additionally, notice of the safety zone or any changes
in the planned schedule will be made via Broadcast and Local Notice to
Mariners.
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 received no comments from the Small Business
Administration on this rulemaking. 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
[[Page 46134]]
federalism or Indian tribes, please contact the person listed in the
FOR FURTHER INFORMATION CONTACT section.
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 for eleven hours on each of sixteen
days during daylight hours and restricts transit on a section of the
Upper Mississippi River extending one mile. It is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T08-0585 to read as follows:
Sec. 165.T08-0585 Safety Zone; Upper Mississippi River, Crystal City,
MO.
(a) Location. The following area is a safety zone: All navigable
waters of the Upper Mississippi River between mile marker (MM) 147.5
and MM 148.5, Crystal City, MO.
(b) Definitions. As used in this section, a designated
representative means a Coast Guard Patrol Commander, including a Coast
Guard coxswain, petty officer, or other officer operating a Coast Guard
vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port Sector Upper Mississippi River (COTP)
in the enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
Sec. 165.23, you may not enter the safety zone described in paragraph
(a) of this section unless authorized by the COTP or a designated
representative.
(2) To seek permission to enter, contact the COTP or a designated
representative via VHF-FM channel 16, or Coast Guard Sector Upper
Mississippi River by telephone at 314-269-2332. Those persons
authorized to be in the safety zone must comply with all lawful orders
or directions given to them by the COTP or a designated representative.
(d) Effective period. This section will be effective from 7:30 a.m.
through 6:30 p.m. on October 17, 2017 through November 1, 2017.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the safety zone as well as any
changes in the dates and times of enforcement.
Dated: September 27, 2017.
Scott A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2017-21256 Filed 10-3-17; 8:45 am]
BILLING CODE 9110-04-P
