United States Navy Danger Zone, East Pearl River, Within the Acoustic Buffer Area of the John C. Stennis Space Center, and Adjacent to Lands, in Hancock County, Mississippi, 49113-49114 [2017-23004]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations
(1) All persons are required to comply
with the general regulations governing
safety zones found in 33 CFR part 165.
(2) Entry into or remaining in this
zone is prohibited unless expressly
authorized by the COTP Honolulu or his
designated representative.
(3) Persons desiring to transit the
stationary or moving safety zone
identified in paragraph (a) of this
section may contact the COTP at the
Command Center telephone number
(808) 842–2600 and (808) 842–2601, fax
(808) 842–2642 or on VHF channel 16
(156.8 Mhz) to seek permission to
transit the zone. If permission is
granted, all persons and vessels must
comply with the instructions of the
COTP Honolulu or his designated
representative and proceed at the
minimum speed necessary to maintain a
safe course while in the zone.
(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) Notice of enforcement. The COTP
will provide notice of the enforcement
of the safety zone described in this
section via verbal broadcasts and
written notice to mariners and the
general public.
(e) Definitions. As used in this
section, designated representative
means any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the COTP to assist in
enforcing the safety zone described in
paragraph (a) of this section.
Dated: October 18, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the
Port Honolulu.
[FR Doc. 2017–22992 Filed 10–23–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
[COE–2016–0014]
pmangrum on DSK3GDR082PROD with RULES
United States Navy Danger Zone, East
Pearl River, Within the Acoustic Buffer
Area of the John C. Stennis Space
Center, and Adjacent to Lands, in
Hancock County, Mississippi
AGENCY:
U.S. Army Corps of Engineers,
DoD.
ACTION:
Final rule.
The U.S. Army Corps of
Engineers published a document in the
Federal Register on December 14, 2016,
SUMMARY:
VerDate Sep<11>2014
15:12 Oct 23, 2017
Jkt 244001
proposing to revise its regulations to
establish a danger zone in the East Pearl
River within the acoustic buffer of
NASA’s John C. Stennis Space Center
on the East Pearl River, in Hancock
County, Mississippi. The Navy
requested establishment of a danger
zone on waterways and tributaries of the
East Pearl River that are used by Naval
Special Warfare units to conduct
riverine training exercises. The purpose
of the danger zone is to ensure public
safety by restricting access within the
danger zone during training events.
DATES: Effective date: November 24,
2017.
Headquarters, U.S. Army
Corps of Engineers, Operations and
Regulatory Community of Practice, 441
G Street NW., Washington, DC 20314–
1000.
FOR FURTHER INFORMATION CONTACT: Mr.
David Olson, Headquarters, Operations
and Regulatory Community of Practice,
Washington, DC at 202–761–4922 or by
email at david.b.olson@usace.army.mil
or Ms. Kristi Hall, U.S. Army Corps of
Engineers, Vicksburg District,
Regulatory Branch, at 601–631–7529 or
by email at kristi.w.hall@
usace.army.mil.
ADDRESSES:
Pursuant
to its authorities under Section 7 of the
Rivers and Harbors Act of 1917 (40 State
266; 33 U.S.C. 1) and Chapter XIX of the
Army Appropriations Act of 1919 (40
Stat. 892; 33 U.S.C. 3), the Corps is
amending restricted area regulations at
33 CFR part 334 by adding § 334.784 to
establish a danger zone along the East
Pearl River. The amendment to this
regulation will allow the Commanding
Officer of Naval Construction Battalion
Center, Gulfport, Mississippi (or his/her
designee) to restrict passage of persons,
watercraft, and vessels in the waters
within the danger zone during
Department of Defense training for
conducting coastal and riverine special
operations in support of global military
missions. This area is referred to as a
danger zone due to the use of shortrange training ammunition within
riverine areas.
The proposed rule was published in
the December 14, 2016 edition of the
Federal Register (81 FR 90292) with the
docket number COE–2016–0014 and
one comment was received. The
commenter requested additional
information on frequency or likely
frequency of the utilization of the
danger zone and suggested the
description of the danger zone implied
some portion of the river would be open
for boat traffic during training exercises.
The training has been occurring within
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
49113
the proposed danger zone since 2004
and the formal establishment of the
zone would not increase or decrease the
frequency of training, change the type of
training, or expand training. A vessel
that needs to transit the danger zone
when it is activated may do so if the
operator of the vessel obtains
permission from the Commanding
Officer, Naval Construction Battalion
Center, Gulfport or his or her designees.
Furthermore, the description of the
danger zone has been modified to omit
reference to ‘‘left descending bank’’ to
avoid confusion.
On December 14, 2016, the Corps’
Vicksburg District issued a public notice
soliciting comments on the proposed
rule from all known interested parties
and one comment was received. The
commenter requested training be
limited during posted hunting seasons.
The establishment of the danger zone is
for the purpose of public safety and to
preserve current military training vital
to ensuring combat ready forces, so
training cannot be limited during posted
hunting seasons.
Procedural Requirements
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.
The Corps has made a determination
this rule is not a significant regulatory
action. This regulatory action
determination is based on the size,
duration, and location of the danger
zone. The danger zone occupies a small
portion of the waterway and will only
be activated during naval training
exercises. A vessel that needs to transit
the danger zone when it is activated
may do so if the operator of the vessel
obtains permission from the
Commanding Officer, Naval
Construction Battalion Center, Gulfport
or his or her designees.
b. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
E:\FR\FM\24OCR1.SGM
24OCR1
49114
Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations
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 Corps certifies under 5 U.S.C.
605(b) that this rule would not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels that intend to transit the danger
zone may be small entities, for the
reasons stated in paragraph (a) above
this rule would not have a significant
economic impact on any vessel owner
or operator. In addition, the danger zone
is necessary to protect public safety
during training exercises. Small entities
can utilize navigable waters outside of
the danger zone when the danger zone
is activated. Small entities may also
transit the danger zone when it is
activated, as long as they obtain
permission from the Commanding
Officer, Naval Construction Battalion
Center, Gulfport or his/her designees.
After considering the economic impacts
of this danger zone regulation on small
entities, I certify that this action will not
have a significant impact on a
substantial number of small entities.
c. Review Under the National
Environmental Policy Act
An environmental assessment (EA)
has been prepared. We have concluded
that the establishment of the restricted
area will not have a significant impact
to the quality of the human environment
and, therefore, preparation of an
environmental impact statement is not
required. The final EA and Finding of
No Significant Impact may be reviewed
at the District Office listed at the end of
the FOR FURTHER INFORMATION CONTACT
section, above.
pmangrum on DSK3GDR082PROD with RULES
d. Unfunded Mandates Reform Act
This rule does not impose an
enforceable duty among the private
sector and, therefore, is not a Federal
private sector mandate and is not
subject to the requirements of Section
202 or 205 of the Unfunded Mandates
Reform Act (Public Laws 104–4, 109
Stat. 48, 2 U.S.C. 1501 et seq.). We have
also found, under Section 203 of the
Act, that small governments will not be
significantly or uniquely affected by this
rule.
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety,
Navigation (water), Restricted areas,
Waterways.
VerDate Sep<11>2014
15:12 Oct 23, 2017
Jkt 244001
For the reasons stated in the
preamble, the Corps is amending 33
CFR part 334 as follows:
PART 334—DANGER ZONE AND
RESTRICTED AREA REGULATIONS
1. The authority citation for 33 CFR
part 334 continues to read as follows:
■
Gulfport or by such other person(s) as
he or she may designate.
Dated: October 18, 2017.
Thomas P. Smith,
Chief, Operations and Regulatory Division,
Directorate of Civil Works.
[FR Doc. 2017–23004 Filed 10–23–17; 8:45 am]
BILLING CODE 3720–58–P
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
■
2. Add § 334.784 to read as follows:
§ 334.784 East Pearl River, within the
acoustic buffer area of the John C. Stennis
Space Center, and adjacent to lands, in
Hancock County, Mississippi; danger zone.
(a) The area. A danger zone is
established in and to the extent of
waters of the United States, as defined
in 33 CFR part 329, in the following
reaches of the East Pearl River south of
a point located at latitude 30.4030° N.,
longitude ¥89.6815° W., to a point
below the confluence of Mikes River,
located at latitude 30.3561° N.,
longitude ¥89.6514° W. The datum for
these coordinates is NAD 1983.
(b) The regulation. (1) No person,
vessel, or other watercraft, other than a
vessel owned and operated by the
United States, shall enter or remain in
the danger zone, or within a portion or
portions thereof, when closed to public
access, as provided in paragraph (b)(2)
of this section, except by permission of
the Commanding Officer, Naval
Construction Battalion Center, Gulfport
or such other person(s) as he or she may
designate.
(2) The danger zone, or a portion or
portions thereof, will be closed, for
riverine, weapons, or other dangerous
naval training, by placement of
Government picket boats at the northern
and southern boundaries in the East
Pearl River, or at such other location(s)
within the danger zone as may be
determined to be sufficient to protect
the public. Prior to closure, picket boats
will transit the area(s) to be closed, to
ensure that no persons, vessels, or other
watercraft are present. Once the danger
zone, or location(s) within the danger
zone, has been cleared, picket boats will
remain in position, upstream and
downstream, until it is safe to re-open
the area(s) to public access.
(3) Riverine, weapons, and other
dangerous naval training may occur on
any day of the week, typically, but not
exclusively, in periods of two to eight
hours, between 6 a.m. and 6 p.m.
Training may occur at night, in
darkness.
(c) Enforcement. The restrictions on
public access in this section shall be
enforced by the Commanding Officer,
Naval Construction Battalion Center,
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
DEPARTMENT OF EDUCATION
34 CFR Parts 668, 674, 682, and 685
[Docket ID ED–2017–OPE–0108]
RIN 1840–AD25
Student Assistance General
Provisions, Federal Perkins Loan
Program, Federal Family Education
Loan Program, William D. Ford Federal
Direct Loan Program, and Teacher
Education Assistance for College and
Higher Education Grant Program
Office of Postsecondary
Education, Department of Education.
ACTION: Interim final rule; delay of
effective date; request for comments.
AGENCY:
Consistent with section
553(b)(3)(B) and (d)(3) of the
Administrative Procedure Act (APA),
which allows Federal agencies to
promulgate rules without advance
notice and opportunity for comment for
good cause, the Secretary issues this
interim final rule with request for
comment. This interim final rule delays
until July 1, 2018, the effective date of
selected provisions of the final
regulations entitled Student Assistance
General Provisions, Federal Perkins
Loan Program, Federal Family
Education Loan (FFEL) Program,
William D. Ford Federal Direct Loan
Program, and Teacher Education
Assistance for College and Higher
Education Grant Program (the final
regulations), published in the Federal
Register on November 1, 2016. The
provisions this interim final rule delays
are listed in the SUPPLEMENTARY
INFORMATION section of this document.
The original effective date of the final
regulations was July 1, 2017.
DATES: Effective date: As of October 24,
2017, the effective date for the
amendments to or additions of:
§§ 668.14(b)(30), (31), and (32);
668.41(h) and (i); 668.71(c); 668.90(a)(3);
668.93(h), (i), (j); 668.171; 668.175 (c)
and (d) and (f) and (h); Appendix C to
Subpart L of Part 668; 674.33(g)(3) and
(g)(8); 682.202(b)(1); 682.211(i)(7);
682.402(d)(3), (d)(6)(ii)(B)(1) and (2),
(d)(6)(ii)(F) introductory text,
(d)(6)(ii)(F)(5), (d)(6)(ii)(G), (d)(6)(ii)(H)
SUMMARY:
E:\FR\FM\24OCR1.SGM
24OCR1
]]>Agencies
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Rules and Regulations]
[Pages 49113-49114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23004]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
[COE-2016-0014]
United States Navy Danger Zone, East Pearl River, Within the
Acoustic Buffer Area of the John C. Stennis Space Center, and Adjacent
to Lands, in Hancock County, Mississippi
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Army Corps of Engineers published a document in the
Federal Register on December 14, 2016, proposing to revise its
regulations to establish a danger zone in the East Pearl River within
the acoustic buffer of NASA's John C. Stennis Space Center on the East
Pearl River, in Hancock County, Mississippi. The Navy requested
establishment of a danger zone on waterways and tributaries of the East
Pearl River that are used by Naval Special Warfare units to conduct
riverine training exercises. The purpose of the danger zone is to
ensure public safety by restricting access within the danger zone
during training events.
DATES: Effective date: November 24, 2017.
ADDRESSES: Headquarters, U.S. Army Corps of Engineers, Operations and
Regulatory Community of Practice, 441 G Street NW., Washington, DC
20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or by email at [email protected] or Ms. Kristi
Hall, U.S. Army Corps of Engineers, Vicksburg District, Regulatory
Branch, at 601-631-7529 or by email at [email protected].
SUPPLEMENTARY INFORMATION: Pursuant to its authorities under Section 7
of the Rivers and Harbors Act of 1917 (40 State 266; 33 U.S.C. 1) and
Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33
U.S.C. 3), the Corps is amending restricted area regulations at 33 CFR
part 334 by adding Sec. 334.784 to establish a danger zone along the
East Pearl River. The amendment to this regulation will allow the
Commanding Officer of Naval Construction Battalion Center, Gulfport,
Mississippi (or his/her designee) to restrict passage of persons,
watercraft, and vessels in the waters within the danger zone during
Department of Defense training for conducting coastal and riverine
special operations in support of global military missions. This area is
referred to as a danger zone due to the use of short-range training
ammunition within riverine areas.
The proposed rule was published in the December 14, 2016 edition of
the Federal Register (81 FR 90292) with the docket number COE-2016-0014
and one comment was received. The commenter requested additional
information on frequency or likely frequency of the utilization of the
danger zone and suggested the description of the danger zone implied
some portion of the river would be open for boat traffic during
training exercises. The training has been occurring within the proposed
danger zone since 2004 and the formal establishment of the zone would
not increase or decrease the frequency of training, change the type of
training, or expand training. A vessel that needs to transit the danger
zone when it is activated may do so if the operator of the vessel
obtains permission from the Commanding Officer, Naval Construction
Battalion Center, Gulfport or his or her designees. Furthermore, the
description of the danger zone has been modified to omit reference to
``left descending bank'' to avoid confusion.
On December 14, 2016, the Corps' Vicksburg District issued a public
notice soliciting comments on the proposed rule from all known
interested parties and one comment was received. The commenter
requested training be limited during posted hunting seasons. The
establishment of the danger zone is for the purpose of public safety
and to preserve current military training vital to ensuring combat
ready forces, so training cannot be limited during posted hunting
seasons.
Procedural Requirements
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.
The Corps has made a determination this rule is not a significant
regulatory action. This regulatory action determination is based on the
size, duration, and location of the danger zone. The danger zone
occupies a small portion of the waterway and will only be activated
during naval training exercises. A vessel that needs to transit the
danger zone when it is activated may do so if the operator of the
vessel obtains permission from the Commanding Officer, Naval
Construction Battalion Center, Gulfport or his or her designees.
b. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider
[[Page 49114]]
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 Corps certifies under 5 U.S.C. 605(b) that this rule would not
have a significant economic impact on a substantial number of small
entities. While some owners or operators of vessels that intend to
transit the danger zone may be small entities, for the reasons stated
in paragraph (a) above this rule would not have a significant economic
impact on any vessel owner or operator. In addition, the danger zone is
necessary to protect public safety during training exercises. Small
entities can utilize navigable waters outside of the danger zone when
the danger zone is activated. Small entities may also transit the
danger zone when it is activated, as long as they obtain permission
from the Commanding Officer, Naval Construction Battalion Center,
Gulfport or his/her designees. After considering the economic impacts
of this danger zone regulation on small entities, I certify that this
action will not have a significant impact on a substantial number of
small entities.
c. Review Under the National Environmental Policy Act
An environmental assessment (EA) has been prepared. We have
concluded that the establishment of the restricted area will not have a
significant impact to the quality of the human environment and,
therefore, preparation of an environmental impact statement is not
required. The final EA and Finding of No Significant Impact may be
reviewed at the District Office listed at the end of the FOR FURTHER
INFORMATION CONTACT section, above.
d. Unfunded Mandates Reform Act
This rule does not impose an enforceable duty among the private
sector and, therefore, is not a Federal private sector mandate and is
not subject to the requirements of Section 202 or 205 of the Unfunded
Mandates Reform Act (Public Laws 104-4, 109 Stat. 48, 2 U.S.C. 1501 et
seq.). We have also found, under Section 203 of the Act, that small
governments will not be significantly or uniquely affected by this
rule.
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety, Navigation (water), Restricted areas,
Waterways.
For the reasons stated in the preamble, the Corps is amending 33
CFR part 334 as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
0
1. The authority citation for 33 CFR part 334 continues to read as
follows:
Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33
U.S.C. 3).
0
2. Add Sec. 334.784 to read as follows:
Sec. 334.784 East Pearl River, within the acoustic buffer area of the
John C. Stennis Space Center, and adjacent to lands, in Hancock County,
Mississippi; danger zone.
(a) The area. A danger zone is established in and to the extent of
waters of the United States, as defined in 33 CFR part 329, in the
following reaches of the East Pearl River south of a point located at
latitude 30.4030[deg] N., longitude -89.6815[deg] W., to a point below
the confluence of Mikes River, located at latitude 30.3561[deg] N.,
longitude -89.6514[deg] W. The datum for these coordinates is NAD 1983.
(b) The regulation. (1) No person, vessel, or other watercraft,
other than a vessel owned and operated by the United States, shall
enter or remain in the danger zone, or within a portion or portions
thereof, when closed to public access, as provided in paragraph (b)(2)
of this section, except by permission of the Commanding Officer, Naval
Construction Battalion Center, Gulfport or such other person(s) as he
or she may designate.
(2) The danger zone, or a portion or portions thereof, will be
closed, for riverine, weapons, or other dangerous naval training, by
placement of Government picket boats at the northern and southern
boundaries in the East Pearl River, or at such other location(s) within
the danger zone as may be determined to be sufficient to protect the
public. Prior to closure, picket boats will transit the area(s) to be
closed, to ensure that no persons, vessels, or other watercraft are
present. Once the danger zone, or location(s) within the danger zone,
has been cleared, picket boats will remain in position, upstream and
downstream, until it is safe to re-open the area(s) to public access.
(3) Riverine, weapons, and other dangerous naval training may occur
on any day of the week, typically, but not exclusively, in periods of
two to eight hours, between 6 a.m. and 6 p.m. Training may occur at
night, in darkness.
(c) Enforcement. The restrictions on public access in this section
shall be enforced by the Commanding Officer, Naval Construction
Battalion Center, Gulfport or by such other person(s) as he or she may
designate.
Dated: October 18, 2017.
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2017-23004 Filed 10-23-17; 8:45 am]
BILLING CODE 3720-58-P
