Safety Zone; Atlantic Intracoastal Waterway, Camp Lejeune, NC, 46901-46903 [2017-21709]
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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
whether FDA planned to exempt the
device from premarket notification
requirements under section 510(k) of the
Federal Food, Drug, and Cosmetic Act
(the FD&C Act) (21 U.S.C. 360(k)).
Correction
In the Federal Register of July 28,
2017, in FR Doc. 2017–15901, the
following correction is made:
On page 35066, at the bottom of the
page below table 1, beginning in the first
column, the third paragraph is corrected
as follows:
‘‘Section 510(m) of the FD&C Act
provides that FDA may exempt a class
II device from the premarket notification
requirements under section 510(k), if
FDA determines that premarket
notification is not necessary to provide
reasonable assurance of the safety and
effectiveness of the device. For this type
of device, FDA has determined that
premarket notification is necessary to
provide reasonable assurance of the
safety and effectiveness of the device.
Therefore, this device type is not
exempt from premarket notification
requirements. Persons who intend to
market this type of device must submit
to FDA a premarket notification, prior to
marketing the device, which contains
information about the adjunctive
cardiovascular status indicator they
intend to market.’’
Dated: October 2, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017–21659 Filed 10–6–17; 8:45 am]
is intended to restrict vessel traffic on
the Atlantic Intracoastal Waterway to
protect mariners, vessels, and training
exercise participants from the hazards
associated with military training
operations. Entry of vessels or persons
into this safety zone is prohibited unless
specifically authorized by the Captain of
the Port (COTP) North Carolina or a
designated representative.
DATES: This rule is effective from
October 10, 2017 through October 30,
2017.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0792 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, contact
Petty Officer Matthew Tyson,
Waterways Management Division, U.S.
Coast Guard Sector North Carolina,
Wilmington, NC; telephone: 910–772–
2221, email: Matthew.I.Tyson@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
ICW IntraCoastal Waterway
BILLING CODE 4164–01–P
II. Background Information and
Regulatory History
DEPARTMENT OF HOMELAND
SECURITY
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. The Coast
Guard was notified of the final dates
needed for this rule on August 17, 2017.
It is impracticable and contrary to the
public interest to delay this action.
Waiting for a comment period to run
would inhibit the Coast Guards’ ability
to protect the public and participants
from the dangers associated with the
military exercises scheduled from
October 10 through October 30, 2017.
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0792]
RIN 1625–AA00
Safety Zone; Atlantic Intracoastal
Waterway, Camp Lejeune, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Atlantic Intracoastal Waterway in
Camp Lejeune, North Carolina in
support of military training exercises.
This temporary safety zone is intended
to restrict vessel traffic from a portion of
the Atlantic Intracoastal Waterway
between Mile Hammock Bay and
Onslow Beach Swing Bridge during
military training operations. This action
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SUMMARY:
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46901
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register. Immediate
implementation is required to protect
the public and participants from the
dangers associated with the military
training exercises.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
COTP North Carolina has determined
that potential hazards associated with
the military exercises scheduled from
October 10 through October 30, 2017, is
a safety concern for mariners and
participants. The military training
exercises involve building temporary
bridges, crossing with amphibious
vehicles, and other military operations
on the ICW. These military training
activities will block the waterway in a
manner that restricts all vessel
navigation and movement within this
segment of the ICW. This rule is
necessary to protect persons and vessels
from the potential hazards associated
with the military training exercises.
IV. Discussion of the Rule
The safety zone will be enforced on
the following dates and times in October
2017:
Date
Time
10th–12th .....
8 a.m. through 11 a.m. and 1
p.m. through 4 p.m.
9 a.m. through 12 p.m. and 1
p.m. through 4 p.m.
8 a.m. through 12 p.m.
8 a.m. through 12 p.m. and 1
p.m. through 4 p.m.
9 a.m. through 1 p.m. and 2
p.m. through 5 p.m.
7 a.m. through 5 p.m.
7 a.m. through 11 a.m.
13th ..............
18th ..............
24th ..............
25th–26th .....
27th–28th .....
29th–30th .....
The safety zone will include all
navigable waters of the ICW from Mile
Hammock Bay, approximate position
34°32′46″ N., 77°19′17″ W., to Onslow
Beach Swing Bridge approximate
position 34°34′25″ N., 77°16′14″ W.
(NAD 1983), an approximately four mile
portion of the ICW. The duration of this
zone is intended to protect mariners
from the hazards associated with
military training operations. No vessel
or person will be permitted to enter the
safety zone unless specifically
authorized by the Captain of the Port
North Carolina or a designated
representative. The regulatory text
appears at the end of this document.
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46902
Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
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, and
duration of the safety zone. Vessel
traffic will not be allowed to enter or
transit a portion of the ICW for up to 10
hours on 12 separate days. The Coast
Guard will issue a Local Notice to
Mariners and transmit a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 regarding the safety zone.
This portion of the ICW has been
determined to be a low traffic area.
Vessels needing to transit the area
during these times can safely transit
offshore using New River Inlet to the
south and Browns Inlet to the north.
This rule does not allow vessels to
request permission to enter the safety
zone.
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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 the precise number of small
entities impacted is unknown, the ICW
has a low number of vessels transiting
the area planned for the safety zone
during the enforcement period.
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Although 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
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Fmt 4700
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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 for up to 10 hours on 12
separate days that would prohibit entry
into an approximately four mile portion
of the ICW for military training
exercises. 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:
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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.T05–0792 to read as
follows:
■
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§ 165.T05–0792 Safety Zone, Atlantic
Intracoastal Waterway; Camp Lejeune, NC.
(a) Location. The following area is a
safety zone: All waters on the Atlantic
Intracoastal Waterway, from
approximate position 34°32′46″ N.,
77°19′17″ W. to 34°34′25″ N., 77°16′14″
W. (NAD 1983) at Camp Lejeune, NC.
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
commissioned, warrant, or petty officer
designated by the Captain of the Port
North Carolina (COTP) for the
enforcement of the safety zone.
‘‘Captain of the Port’’ means the
Commander, Sector North Carolina.
‘‘Participants’’ means persons and
vessels involved in support of a military
exercise.
(c) Regulations. (1) The general
regulations governing safety zones in
§ 165.23 apply to the area described in
paragraph (a) of this section.
(2) With the exception of participants,
entry into or remaining in this safety
zone is prohibited unless authorized by
the Captain of the Port, North Carolina
or designated representative(s).
(3) All vessels within this safety zone
when this section becomes effective
must depart the zone immediately.
(4) The Captain of the Port, North
Carolina can be reached through the
Coast Guard Sector North Carolina
Command Duty Officer, Wilmington,
North Carolina at telephone number
910–343–3882.
(5) 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).
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement periods. This section
will be enforced on the following dates
and times in October 2017:
Date
Time
10th–12th .....
8 a.m. through 11 a.m. and 1
p.m. through 4 p.m.
9 a.m. through 12 p.m. and 1
p.m. through 4 p.m.
13th ..............
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Time
18th ..............
24th ..............
1. The authority citation for part 165
continues to read as follows:
■
Date
8 a.m. through 12 p.m.
8 a.m. through 12 p.m. and 1
p.m. through 4 p.m.
9 a.m. through 1 p.m. and 2
p.m. through 5 p.m.
7 a.m. through 5 p.m.
7 a.m. through 11 a.m.
25th–26th .....
27th–28th .....
29th–30th .....
Dated: October 3, 2017.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2017–21709 Filed 10–6–17; 8:45 am]
BILLING CODE 9110–04–P
46903
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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Krishna Viswanathan, EPA, Region IX,
Air Division, Air Planning Office, (520)
999–7880 or viswanathan.krishna@
epa.gov.
ENVIRONMENTAL PROTECTION
AGENCY
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
40 CFR Part 52
Table of Contents
[EPA–R09–OAR–2017–0092, FRL–9968–97–
Region 9]
I. General Information
II. Proposed Action
III. Public Comments and EPA Responses
IV. Final Action
V. Environmental Justice Considerations
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
Approval and Promulgation of Air
Quality Implementation Plans; Arizona;
Regional Haze State and Federal
Implementation Plans
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a sourcespecific revision to the Arizona state
implementation plan (SIP) that provides
an alternative to Best Available Retrofit
Technology (BART) for the Coronado
Generating Station (‘‘Coronado’’),
owned and operated by the Salt River
Project Agricultural Improvement and
Power District (SRP). The EPA has
determined that the BART alternative
for Coronado would provide greater
reasonable progress toward natural
visibility conditions than BART, based
on the criteria established in the EPA’s
Regional Haze Rule. In conjunction with
this approval, we are withdrawing those
portions of the federal implementation
plan (FIP) that address BART for
Coronado. We are also codifying the
removal of those portions of the Arizona
SIP that have either been superseded by
this approval of the SIP revision for
Coronado or by previously-approved
revisions to the Arizona SIP.
DATES: This rule is effective November
9, 2017.
ADDRESSES: The EPA has established
Docket ID No. EPA–R09–OAR–2017–
0092 for this action. 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
SUMMARY:
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I. General Information
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
• The initials ADEQ mean or refer to
the Arizona Department of
Environmental Quality.
• The words Arizona and State mean
the State of Arizona.
• The word Coronado refers to the
Coronado Generating Station.
• The initials BART mean or refer to
Best Available Retrofit Technology.
• The initials BOD mean or refer to
boiler operating day.
• The term Class I area refers to a
mandatory Class I Federal area.1
• The initials CAA mean or refer to
the Clean Air Act.
• The words EPA, we, us, or our mean
or refer to the United States
Environmental Protection Agency.
• The initials FIP mean or refer to
federal implementation plan.
• The initials lb/MMBtu mean or refer
to pounds per million British thermal
units.
• The initials NAAQS mean or refer
to National Ambient Air Quality
Standards.
1 Although states and tribes may designate as
Class I additional areas which they consider to have
visibility as an important value, the requirements of
the visibility program set forth in section 169A of
the CAA apply only to mandatory Class I Federal
areas. When we use the term ‘‘Class I area’’ in this
action, we mean a ‘‘mandatory Class I Federal
area.’’
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Agencies
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46901-46903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21709]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0792]
RIN 1625-AA00
Safety Zone; Atlantic Intracoastal Waterway, Camp Lejeune, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Atlantic Intracoastal Waterway in Camp Lejeune, North Carolina in
support of military training exercises. This temporary safety zone is
intended to restrict vessel traffic from a portion of the Atlantic
Intracoastal Waterway between Mile Hammock Bay and Onslow Beach Swing
Bridge during military training operations. This action is intended to
restrict vessel traffic on the Atlantic Intracoastal Waterway to
protect mariners, vessels, and training exercise participants from the
hazards associated with military training operations. Entry of vessels
or persons into this safety zone is prohibited unless specifically
authorized by the Captain of the Port (COTP) North Carolina or a
designated representative.
DATES: This rule is effective from October 10, 2017 through October 30,
2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0792 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,
contact Petty Officer Matthew Tyson, Waterways Management Division,
U.S. Coast Guard Sector North Carolina, Wilmington, NC; telephone: 910-
772-2221, email: Matthew.I.Tyson@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
ICW IntraCoastal Waterway
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. The Coast Guard was notified of the final
dates needed for this rule on August 17, 2017. It is impracticable and
contrary to the public interest to delay this action. Waiting for a
comment period to run would inhibit the Coast Guards' ability to
protect the public and participants from the dangers associated with
the military exercises scheduled from October 10 through October 30,
2017.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. Immediate implementation is
required to protect the public and participants from the dangers
associated with the military training exercises.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP North Carolina has determined that potential hazards
associated with the military exercises scheduled from October 10
through October 30, 2017, is a safety concern for mariners and
participants. The military training exercises involve building
temporary bridges, crossing with amphibious vehicles, and other
military operations on the ICW. These military training activities will
block the waterway in a manner that restricts all vessel navigation and
movement within this segment of the ICW. This rule is necessary to
protect persons and vessels from the potential hazards associated with
the military training exercises.
IV. Discussion of the Rule
The safety zone will be enforced on the following dates and times
in October 2017:
------------------------------------------------------------------------
Date Time
------------------------------------------------------------------------
10th-12th........................... 8 a.m. through 11 a.m. and 1 p.m.
through 4 p.m.
13th................................ 9 a.m. through 12 p.m. and 1 p.m.
through 4 p.m.
18th................................ 8 a.m. through 12 p.m.
24th................................ 8 a.m. through 12 p.m. and 1 p.m.
through 4 p.m.
25th-26th........................... 9 a.m. through 1 p.m. and 2 p.m.
through 5 p.m.
27th-28th........................... 7 a.m. through 5 p.m.
29th-30th........................... 7 a.m. through 11 a.m.
------------------------------------------------------------------------
The safety zone will include all navigable waters of the ICW from
Mile Hammock Bay, approximate position 34[deg]32'46'' N.,
77[deg]19'17'' W., to Onslow Beach Swing Bridge approximate position
34[deg]34'25'' N., 77[deg]16'14'' W. (NAD 1983), an approximately four
mile portion of the ICW. The duration of this zone is intended to
protect mariners from the hazards associated with military training
operations. No vessel or person will be permitted to enter the safety
zone unless specifically authorized by the Captain of the Port North
Carolina or a designated representative. The regulatory text appears at
the end of this document.
[[Page 46902]]
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, and duration of the safety zone. Vessel traffic will not be
allowed to enter or transit a portion of the ICW for up to 10 hours on
12 separate days. The Coast Guard will issue a Local Notice to Mariners
and transmit a Broadcast Notice to Mariners via VHF-FM marine channel
16 regarding the safety zone. This portion of the ICW has been
determined to be a low traffic area. Vessels needing to transit the
area during these times can safely transit offshore using New River
Inlet to the south and Browns Inlet to the north. This rule does not
allow vessels to request permission to enter the safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While the precise number of small entities impacted is unknown, the
ICW has a low number of vessels transiting the area planned for the
safety zone during the enforcement period. Although 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 for up to 10 hours on 12 separate
days that would prohibit entry into an approximately four mile portion
of the ICW for military training exercises. 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:
[[Page 46903]]
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.T05-0792 to read as follows:
Sec. 165.T05-0792 Safety Zone, Atlantic Intracoastal Waterway; Camp
Lejeune, NC.
(a) Location. The following area is a safety zone: All waters on
the Atlantic Intracoastal Waterway, from approximate position
34[deg]32'46'' N., 77[deg]19'17'' W. to 34[deg]34'25'' N.,
77[deg]16'14'' W. (NAD 1983) at Camp Lejeune, NC.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard commissioned, warrant, or petty officer designated by the
Captain of the Port North Carolina (COTP) for the enforcement of the
safety zone. ``Captain of the Port'' means the Commander, Sector North
Carolina. ``Participants'' means persons and vessels involved in
support of a military exercise.
(c) Regulations. (1) The general regulations governing safety zones
in Sec. 165.23 apply to the area described in paragraph (a) of this
section.
(2) With the exception of participants, entry into or remaining in
this safety zone is prohibited unless authorized by the Captain of the
Port, North Carolina or designated representative(s).
(3) All vessels within this safety zone when this section becomes
effective must depart the zone immediately.
(4) The Captain of the Port, North Carolina can be reached through
the Coast Guard Sector North Carolina Command Duty Officer, Wilmington,
North Carolina at telephone number 910-343-3882.
(5) 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).
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
(e) Enforcement periods. This section will be enforced on the
following dates and times in October 2017:
------------------------------------------------------------------------
Date Time
------------------------------------------------------------------------
10th-12th........................... 8 a.m. through 11 a.m. and 1 p.m.
through 4 p.m.
13th................................ 9 a.m. through 12 p.m. and 1 p.m.
through 4 p.m.
18th................................ 8 a.m. through 12 p.m.
24th................................ 8 a.m. through 12 p.m. and 1 p.m.
through 4 p.m.
25th-26th........................... 9 a.m. through 1 p.m. and 2 p.m.
through 5 p.m.
27th-28th........................... 7 a.m. through 5 p.m.
29th-30th........................... 7 a.m. through 11 a.m.
------------------------------------------------------------------------
Dated: October 3, 2017.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2017-21709 Filed 10-6-17; 8:45 am]
BILLING CODE 9110-04-P