Establishment of a Permanent Restricted Area for U.S. Coast Guard Yard, Baltimore, Maryland, in Curtis Creek and Arundel Cove, 53438-53440 [2017-24888]
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53438
Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Proposed Rules
TABLE 1—ESTIMATED ONE-TIME RECORDKEEPING BURDEN 1
Recommendation
Number of
recordkeepers
Number of
records per
recordkeeper
Total annual
records
Average
burden per
recordkeeping
(in hours)
Total hours
Written GRAS panel policy ..................................................
651
1
651
40
26,040
1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
Recommendation
Number of
recordkeepers
Number of
records per
recordkeeper
Total annual
records
Average
burden per
recordkeeping
(in hours)
Total hours
Application of written GRAS panel policy to GRAS panel
members ...........................................................................
77
6
462
16
7,392
1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
Recommendation
Number of
recordkeepers
Number of
records per
recordkeeper
Total annual
records
Average
burden per
recordkeeping
(in hours)
Total hours
Information provided by potential GRAS panel members to
the proponents of GRAS conclusions ..............................
462
1
462
4
1,848
1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
III. Electronic Access
Persons with access to the Internet
may obtain the draft guidance at either
https://www.fda.gov/FoodGuidances or
https://www.regulations.gov. Use the
FDA Web site listed in the previous
sentence to find the most current
version of the guidance.
nshattuck on DSK9F9SC42PROD with PROPOSALS
IV. References
The following references are on
display with the Dockets Management
Staff (see ADDRESSES) and are available
for viewing by interested persons
between 9 a.m. and 4 p.m., Monday
through Friday; they are also available
electronically at https://
www.regulations.gov. FDA has verified
the Web site addresses, as of the date
this document publishes in the Federal
Register, but Web sites are subject to
change over time.
1. FDA (2017). GRAS Notices. Available at
https://www.accessdata.fda.gov/scripts/
fdcc/?set=GRASNotices.
2. FDA (2017). Current Animal Food GRAS
Notices Inventory. Available at https://
www.fda.gov/AnimalVeterinary/
Products/AnimalFoodFeeds/
GenerallyRecognizedas
SafeGRASNotifications/ucm243845.htm.
3. AIBMR Life Sciences, Inc. (2017).
Independent GRAS (Generally
Recognized As Safe) Conclusion
Inventory Database. Available at https://
aibmr.com/natural-products-industrycompliance-consultation/gras-generallyrecognized-as-safe-safety-studies/.
VerDate Sep<11>2014
14:41 Nov 15, 2017
Jkt 244001
4. Institute of Medicine (2009). Full Report.
Conflict of Interest in Medical Research,
Education, and Practice. National
Academies Press, 500 5th Street NW.,
Lockbox 285, Washington, DC 20055.
Available at https://www.nap.edu/
catalog/12598/conflict-of-interest-inmedical-research-education-andpractice.
5. The National Academies of Sciences,
Engineering, and Medicine (2003).
Conflicts of Interest Policy for
Committees Used in the Development of
Reports. The National Academies Press,
500 5th Street NW., Washington, DC
20001. Available at https://
www.nationalacademies.org/coi/.
Dated: November 13, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning,
Legislation, and Analysis.
[FR Doc. 2017–24845 Filed 11–15–17; 8:45 am]
BILLING CODE 4164–01–P
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
[COE–2017–0003]
Establishment of a Permanent
Restricted Area for U.S. Coast Guard
Yard, Baltimore, Maryland, in Curtis
Creek and Arundel Cove
AGENCY:
U.S. Army Corps of Engineers,
DoD.
Notice of proposed rulemaking
and request for comments.
ACTION:
The Corps of Engineers is
proposing to establish a permanent
restricted area for the U. S. Coast Guard
in waters of Curtis Creek and Arundel
Cove located in Baltimore, Maryland.
The establishment of the restricted area
is necessary to reflect the current
security needs at U. S. Coast Guard Yard
(CG Yard), Baltimore, Maryland,
including the protection of Coast Guardwide military assets. The CG Yard is the
Coast Guard’s only shipyard and its
largest industrial facility. It performs
major ship, electronics, and heavy
weapons overhaul, repair, and
manufacture. The CG Yard is also the
host command for various Coast Guard
commands supporting local and
nationwide Coast Guard missions.
SUMMARY:
E:\FR\FM\16NOP1.SGM
16NOP1
Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Proposed Rules
Written comments must be
submitted on or before December 18,
2017.
DATES:
You may submit comments,
identified by docket number COE–
2017–0003, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: david.b.olson@usace.army.mil.
Include the docket number, COE–2017–
0003, in the subject line of the message.
Mail: U.S. Army Corps of Engineers,
Attn: CECW–CO–R (David B. Olson),
441 G Street NW., Washington, DC
20314–1000.
Hand Delivery/Courier: Due to
security requirements, we cannot
receive comments by hand delivery or
courier.
Instructions: Direct your comments to
docket number COE–2017–0003. All
comments received will be included in
the public docket without change and
may be made available on-line at https://
www.regulations.gov, including any
personal information provided, unless
the commenter indicates that the
comment includes information claimed
to be Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute. Do
not submit information that you
consider to be CBI, or otherwise
protected, through regulations.gov or
email. The regulations.gov Web site is
an anonymous access system, which
means we will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email directly to the
Corps without going through
regulations.gov, your email address will
be automatically captured and included
as part of the comment that is placed in
the public docket and made available on
the Internet. If you submit an electronic
comment, we recommend that you
include your name and other contact
information in the body of your
comment and also include your contact
information with any disk or CD–ROM
you submit. If we cannot read your
comment because of technical
difficulties and cannot contact you for
clarification, we may not be able to
consider your comment. Electronic
comments should avoid the use of any
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: For access to the docket to
read background documents or
comments received, go to
www.regulations.gov . All documents in
the docket are listed. Although listed in
the index, some information is not
nshattuck on DSK9F9SC42PROD with PROPOSALS
ADDRESSES:
VerDate Sep<11>2014
14:41 Nov 15, 2017
Jkt 244001
publicly available, such as 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.
FOR FURTHER INFORMATION CONTACT: Mr.
David Olson, Headquarters, Operations
and Regulatory Division, Washington,
DC at 202–761–4922, or Steve Elinsky,
Corps of Engineers, Baltimore District,
Regulatory Branch, at 410–962–4503.
SUPPLEMENTARY INFORMATION: Pursuant
to its authorities in Section 7 of the
Rivers and Harbors Act of 1917 (40 Stat.
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 of
Engineers is proposing amendments to
regulations in 33 CFR part 334 for the
establishment of a permanent restricted
area in waters of Curtis Creek and
Arundel Cove in Baltimore, Maryland.
In a memorandum dated November 28,
2016, the U.S. Coast Guard requested
that the Corps establish this permanent
restricted area. The proposed permanent
restricted area is necessary to fulfill the
current security needs of the U.S. Coast
Guard at this facility. The CG Yard is
the U.S. Coast Guard’s only shipyard
and is its largest industrial facility. The
CG Yard is used for major ship,
electronics, and heavy weapons
overhaul, repair, and manufacture.
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 proposed rule
has not been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this
proposed 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 proposed rule is not a significant
regulatory action. This regulatory action
determination is based on the size,
duration, and location of the restricted
area. The restricted area occupies only
a portion of the waterway and a vessel
that needs to transit the restricted area
may do so if the operator of the vessel
obtains permission from the
Commanding Officer, U.S. Coast Guard
Yard or his/her designated
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53439
representative. Fishing, crabbing,
trawling, net-fishing, and other aquatic
activities may also be conducted with
prior approval from the Commanding
Officer, U.S. Coast Guard Yard or his/
her designated representative.
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 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
restricted area 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 restricted
area is necessary to address the current
security needs at CG Yard, Baltimore,
Maryland, including the protection of
Coast Guard-wide military assets. Small
entities can utilize navigable waters
outside of the restricted area. Small
entities may also transit the restricted
area as long as they obtain permission
from the Commanding Officer, CG Yard
or his/her designated representative.
Unless information is obtained to the
contrary during the comment period,
the Corps expects that the economic
impact of the proposed restricted area
would have practically no impact on the
public, any anticipated navigational
hazard or interference with existing
waterway traffic. After considering the
economic impacts of this restricted area
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
Due to the administrative nature of
this action and because there is no
intended change in the use of the area,
the Corps expects that this regulation, if
adopted, will not have a significant
impact to the quality of the human
environment and, therefore, preparation
of an environmental impact statement
will not be required. An environmental
assessment will be prepared after the
public notice period is closed and all
comments have been received and
considered.
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53440
Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Proposed Rules
d. Unfunded Mandates Act
This proposed rule does not impose
an enforceable duty among the private
sector and, therefore, it is not a Federal
private sector mandate and it is not
subject to the requirements of either
Section 202 or Section 205 of the
Unfunded Mandates Act. We have also
found under Section 203 of the Act, that
small governments will not be
significantly and uniquely affected by
this rulemaking.
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety,
Navigation (water), Restricted areas,
Waterways.
For the reasons set out in the
preamble, the Corps proposes to amend
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:
■
Dated: November 9, 2017.
Thomas P. Smith,
Chief, Operations and Regulatory Division,
Directorate of Civil Works.
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
■
2. Add § 334.145 to read as follows:
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§ 334.145 Curtis Creek and Arundel Cove,
U.S. Coast Guard Yard, Baltimore,
Maryland; restricted area.
(a) The area. The restricted area shall
encompass all navigable waters of the
United States as defined at 33 CFR part
329, within the area bounded by a line
connecting the following coordinates:
Commencing from the shoreline at
latitude 39°12′05.8″ N., longitude
076°34′28.4″ W.; thence to latitude
39°12′04.8″ N., longitude 076°34′31″ W.;
thence to latitude 39°11′5.91″ N.,
longitude 076°34′28″ W.; thence to
latitude 39°11′4.48″ N., longitude
076°34′25″ W.; thence to latitude
39°11′3.36″ N., longitude 076°34′06.9″
W. The datum for these coordinates is
NAD–83.
(b) The regulation. (1) The restricted
area as described in paragraph (a) of this
section is only open to government
vessels. Government vessels include,
but are not limited to, U.S. Coast Guard,
U.S. Coast Guard Auxiliary, Department
of Defense, National Oceanic and
Atmospheric Administration, state and
local law enforcement, emergency
services and vessels under contract with
the U.S. Government. Vessels transiting
the restricted area shall proceed across
the area by the most direct route and
without unnecessary delay. Fishing,
crabbing, trawling, net-fishing and other
aquatic activities are prohibited without
prior approval from the Commanding
Officer, U.S. Coast Guard Yard or his/
her designated representative. The U.S.
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14:41 Nov 15, 2017
Jkt 244001
Coast Guard will install marker buoys
along some or all of the referenced
coordinates to demarcate the limits of
the restricted area. The Coast Guard will
also install warning signs notifying
individuals of the restricted area and
prohibiting all unauthorized entry into
the area will be posted along the
property boundary.
(2) All persons, vessels and other craft
are prohibited from entering, transiting,
drifting, dredging or anchoring within
the restricted area as described in
paragraph (a) of this section without
prior approval from the Commanding
Officer, U.S. Coast Guard Yard or his/
her designated representative.
(3) The restrictions described in
paragraph (b)(1) of this section are in
effect 24 hours a day, 7 days a week.
(c) Enforcement. The regulations in
this section shall be enforced by the
Commanding Officer, U.S. Coast Guard
Yard or such agencies as he/she may
designate.
[FR Doc. 2017–24888 Filed 11–15–17; 8:45 am]
BILLING CODE 3720–58–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
[COE–2017–0007]
United States Air Force 81st Security
Forces Anti-Terrorism Office,
Restricted Area, Keesler Air Force
Base, Biloxi, Mississippi
AGENCY:
U.S. Army Corps of Engineers,
DoD.
Notice of proposed rulemaking
and request for comments.
ACTION:
The U.S. Army Corps of
Engineers (Corps) is proposing to
establish a no anchorage restricted area
within waters along the Back Bay of
Biloxi shoreline of the Keesler Air Force
Base (KAFB) located in Biloxi,
Mississippi, on behalf of a request by
the United States Air Force (USAF) 81st
Security Forces Anti-Terrorism Office.
The proposed no anchorage restricted
area will be established by placing 12
buoys to demarcate the approximately
10,000 feet of shoreline east to west and
extend approximately 150 feet from the
shoreline of the base. The proposed
restricted area is essential to address a
major anti-terrorism and safety concern
SUMMARY:
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
due to the lack of perimeter fencing or
physical denial system.
DATES: Written comments must be
submitted on or before December 18,
2017.
You may submit comments,
identified by docket number COE–
2017–0007, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: david.b.olson@usace.army.mil.
Include the docket number COE–2017–
0007 in the subject line of the message.
Mail: U.S. Army Corps of Engineers,
Attn: CECW–CO (David B. Olson), 441
G Street NW., Washington, DC 20314–
1000.
Hand Delivery/Courier: Due to
security requirements, we cannot
receive comments by hand delivery or
courier.
Instructions: Direct your comments to
docket number COE–2017–0007. All
comments received will be included in
the public docket without change and
may be made available on-line at https://
regulations.gov, including any personal
information provided, unless the
commenter indicates that the comment
includes information claimed to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI,
or otherwise protected, through
regulations.gov or email. The
regulations.gov Web site is an
anonymous access system, which means
we will not know your identity or
contact information unless you provide
it in the body of your comment. If you
send an email directly to the Corps
without going through regulations.gov,
your email address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, we recommend that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If we cannot read your
comment because of technical
difficulties and cannot contact you for
clarification, we may not be able to
consider your comment. Electronic
comments should avoid the use of any
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: For access to the docket to
read background documents or
comments received, go to
www.regulations.gov. All documents in
the docket are listed. Although listed in
ADDRESSES:
E:\FR\FM\16NOP1.SGM
16NOP1
]]>Agencies
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Proposed Rules]
[Pages 53438-53440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24888]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
[COE-2017-0003]
Establishment of a Permanent Restricted Area for U.S. Coast Guard
Yard, Baltimore, Maryland, in Curtis Creek and Arundel Cove
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of proposed rulemaking and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Corps of Engineers is proposing to establish a permanent
restricted area for the U. S. Coast Guard in waters of Curtis Creek and
Arundel Cove located in Baltimore, Maryland. The establishment of the
restricted area is necessary to reflect the current security needs at
U. S. Coast Guard Yard (CG Yard), Baltimore, Maryland, including the
protection of Coast Guard-wide military assets. The CG Yard is the
Coast Guard's only shipyard and its largest industrial facility. It
performs major ship, electronics, and heavy weapons overhaul, repair,
and manufacture. The CG Yard is also the host command for various Coast
Guard commands supporting local and nationwide Coast Guard missions.
[[Page 53439]]
DATES: Written comments must be submitted on or before December 18,
2017.
ADDRESSES: You may submit comments, identified by docket number COE-
2017-0003, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Email: david.b.olson@usace.army.mil. Include the docket number,
COE-2017-0003, in the subject line of the message.
Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-R (David B.
Olson), 441 G Street NW., Washington, DC 20314-1000.
Hand Delivery/Courier: Due to security requirements, we cannot
receive comments by hand delivery or courier.
Instructions: Direct your comments to docket number COE-2017-0003.
All comments received will be included in the public docket without
change and may be made available on-line at https://www.regulations.gov,
including any personal information provided, unless the commenter
indicates that the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI, or otherwise protected, through regulations.gov or
email. The regulations.gov Web site is an anonymous access system,
which means we will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
directly to the Corps without going through regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, we recommend that you
include your name and other contact information in the body of your
comment and also include your contact information with any disk or CD-
ROM you submit. If we cannot read your comment because of technical
difficulties and cannot contact you for clarification, we may not be
able to consider your comment. Electronic comments should avoid the use
of any special characters, any form of encryption, and be free of any
defects or viruses.
Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov . All documents in the
docket are listed. Although listed in the index, some information is
not publicly available, such as 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.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Division, Washington, DC at 202-761-4922, or
Steve Elinsky, Corps of Engineers, Baltimore District, Regulatory
Branch, at 410-962-4503.
SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of
the Rivers and Harbors Act of 1917 (40 Stat. 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 of Engineers is proposing amendments to
regulations in 33 CFR part 334 for the establishment of a permanent
restricted area in waters of Curtis Creek and Arundel Cove in
Baltimore, Maryland. In a memorandum dated November 28, 2016, the U.S.
Coast Guard requested that the Corps establish this permanent
restricted area. The proposed permanent restricted area is necessary to
fulfill the current security needs of the U.S. Coast Guard at this
facility. The CG Yard is the U.S. Coast Guard's only shipyard and is
its largest industrial facility. The CG Yard is used for major ship,
electronics, and heavy weapons overhaul, repair, and manufacture.
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 proposed rule has
not been designated a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, this proposed 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 proposed rule is not a
significant regulatory action. This regulatory action determination is
based on the size, duration, and location of the restricted area. The
restricted area occupies only a portion of the waterway and a vessel
that needs to transit the restricted area may do so if the operator of
the vessel obtains permission from the Commanding Officer, U.S. Coast
Guard Yard or his/her designated representative. Fishing, crabbing,
trawling, net-fishing, and other aquatic activities may also be
conducted with prior approval from the Commanding Officer, U.S. Coast
Guard Yard or his/her designated representative.
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 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 restricted area 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
restricted area is necessary to address the current security needs at
CG Yard, Baltimore, Maryland, including the protection of Coast Guard-
wide military assets. Small entities can utilize navigable waters
outside of the restricted area. Small entities may also transit the
restricted area as long as they obtain permission from the Commanding
Officer, CG Yard or his/her designated representative. Unless
information is obtained to the contrary during the comment period, the
Corps expects that the economic impact of the proposed restricted area
would have practically no impact on the public, any anticipated
navigational hazard or interference with existing waterway traffic.
After considering the economic impacts of this restricted area
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
Due to the administrative nature of this action and because there
is no intended change in the use of the area, the Corps expects that
this regulation, if adopted, will not have a significant impact to the
quality of the human environment and, therefore, preparation of an
environmental impact statement will not be required. An environmental
assessment will be prepared after the public notice period is closed
and all comments have been received and considered.
[[Page 53440]]
d. Unfunded Mandates Act
This proposed rule does not impose an enforceable duty among the
private sector and, therefore, it is not a Federal private sector
mandate and it is not subject to the requirements of either Section 202
or Section 205 of the Unfunded Mandates Act. We have also found under
Section 203 of the Act, that small governments will not be
significantly and uniquely affected by this rulemaking.
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety, Navigation (water), Restricted areas,
Waterways.
For the reasons set out in the preamble, the Corps proposes to
amend 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. 334.145 to read as follows:
Sec. 334.145 Curtis Creek and Arundel Cove, U.S. Coast Guard Yard,
Baltimore, Maryland; restricted area.
(a) The area. The restricted area shall encompass all navigable
waters of the United States as defined at 33 CFR part 329, within the
area bounded by a line connecting the following coordinates: Commencing
from the shoreline at latitude 39[deg]12'05.8'' N., longitude
076[deg]34'28.4'' W.; thence to latitude 39[deg]12'04.8'' N., longitude
076[deg]34'31'' W.; thence to latitude 39[deg]11'5.91'' N., longitude
076[deg]34'28'' W.; thence to latitude 39[deg]11'4.48'' N., longitude
076[deg]34'25'' W.; thence to latitude 39[deg]11'3.36'' N., longitude
076[deg]34'06.9'' W. The datum for these coordinates is NAD-83.
(b) The regulation. (1) The restricted area as described in
paragraph (a) of this section is only open to government vessels.
Government vessels include, but are not limited to, U.S. Coast Guard,
U.S. Coast Guard Auxiliary, Department of Defense, National Oceanic and
Atmospheric Administration, state and local law enforcement, emergency
services and vessels under contract with the U.S. Government. Vessels
transiting the restricted area shall proceed across the area by the
most direct route and without unnecessary delay. Fishing, crabbing,
trawling, net-fishing and other aquatic activities are prohibited
without prior approval from the Commanding Officer, U.S. Coast Guard
Yard or his/her designated representative. The U.S. Coast Guard will
install marker buoys along some or all of the referenced coordinates to
demarcate the limits of the restricted area. The Coast Guard will also
install warning signs notifying individuals of the restricted area and
prohibiting all unauthorized entry into the area will be posted along
the property boundary.
(2) All persons, vessels and other craft are prohibited from
entering, transiting, drifting, dredging or anchoring within the
restricted area as described in paragraph (a) of this section without
prior approval from the Commanding Officer, U.S. Coast Guard Yard or
his/her designated representative.
(3) The restrictions described in paragraph (b)(1) of this section
are in effect 24 hours a day, 7 days a week.
(c) Enforcement. The regulations in this section shall be enforced
by the Commanding Officer, U.S. Coast Guard Yard or such agencies as
he/she may designate.
Dated: November 9, 2017.
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2017-24888 Filed 11-15-17; 8:45 am]
BILLING CODE 3720-58-P
