Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations 37515 

700 feet above the earth at Hawthorne 

Industrial Airport, Hawthorne, NV, for 

the safety of aircraft and management of 

airspace within the National Airspace 

System. 

History 

On May 1, 2017, the FAA published 

a notice of proposed rulemaking in the 

Federal Register (82 FR 20290) Docket 

No. FAA–2017–0297 to establish Class E 

airspace extending upward from 700 

feet above the surface at Hawthorne 

Industrial Airport, Hawthorne, NV. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.11A, dated August 3, 2016, 

and effective September 15, 2016, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.11A, Airspace Designations and 

Reporting Points, dated August 3, 2016, 

and effective September 15, 2016. FAA 

Order 7400.11A is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.11A lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E airspace extending 

upward from 700 feet above the surface 

within a 3.6-mile radius of Hawthorne 

Industrial Airport, Hawthorne, NV, and 

within 2 miles either side of a curved 

line extending southeast to 

approximately 15 miles east of the 

airport. This airspace is necessary to 

support IFR operations in standard 

instrument approach and departure 

procedures at the airport. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11A, 

Airspace Designations and Reporting 

Points, dated August 3, 2016, and 

effective September 15, 2016, is 

amended as follows: 

Paragraph 6005 Class E Airspace 

Areas Extending Upward From 700 Feet 

or More Above the Surface of the Earth. 

* * * * * 

AWP NV E5 Hawthorne, NV [New] 

Hawthorne Industrial Airport, NV 

(Lat. 38°32′42′′ N., long. 118°37′57′′ W.) 

That airspace extending upward from 700 

feet above the surface within 3.6 miles of the 

Hawthorne Industrial Airport and within 2 

miles each side of a line extending from lat. 

38°32′25′′ N., long. 118°37′26′′ W.; to lat. 

38°28′43′′ N., long. 118°27′48′′ W.; to lat. 

38°28′49′′ N., long. 118°24′19′′ W.; to lat. 

38°32′06′′ N., long. 118°18′07′′ W. 

Issued in Seattle, Washington, on August 2, 

2017. 

Byron Chew, 

Acting Group Manager, Operations Support 

Group, Western Service Center. 

[FR Doc. 2017–16896 Filed 8–10–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0348] 

RIN 1625–AA–00 

Safety Zone; Demolition of SC–41 

Bridge, Wando River, Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of the Wando River 

within a 500-yard radius of SC–41 

Bridge, vessels and machinery in 

Charleston, South Carolina. The safety 

zone is needed to ensure the safety of 

persons, vessels, and the marine 

environment from potential hazards 

created by demolition work on the SC– 

41 Bridge. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Charleston or a designated 

representative. 

DATES: This rule is effective without 

actual notice from August 11, 2017 until 

August 30, 2017. For purposes of 

enforcement, actual notice will be used 

from August 4, 2017 until August 11, 

2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0348 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule call or 

email Lieutenant Justin Heck, Sector 

Charleston Office of Waterways 

Management, Coast Guard; telephone 

(843) 740–3184, email Justin.C.Heck@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 


asabaliauskas on DSKBBXCHB2PROD with RULES
37516 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

OMB Office of Management and Budget 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

insufficient time remains to publish an 

NPRM and to receive public comments, 

as the bridge demolition will occur 

before the rulemaking process would be 

completed. The safety zone is necessary 

to provide for the safety of personnel, 

vessels, and the marine environment 

from potential hazards created by 

demolition work on the bridge. For 

those reasons, it would be impracticable 

and contrary to the public interest to 

publish an NPRM. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making it 

effective less than 30 days after 

publication in the Federal Register. 

Delaying the effective date of this rule 

would be contrary to public interest 

because immediate action is needed to 

respond to the potential safety hazards 

associated with the demolition work on 

the SC–41 Bridge. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port Charleston has 

determined that potential hazards 

associated with the bridge demolition 

starting August 4, 2017 will be a safety 

concern for anyone within a 500-yard 

radius of the bridge, vessels, and 

machinery. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

demolition is in progress. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

the waters of the Wando River in 

Charleston, South Carolina during the 

SC–41 bridge demolition. The 

demolition will have two separate 

demolitions between August 4, 2017 

and August 30, 2017 which will be 

enforced for approximately six hours 

each. The safety zone will cover all 

navigable waters within 500 yards of the 

bridge, vessels, and machinery being 

used for the demolition of the SC–41 

Bridge. No vessel or person will be 

permitted to enter, transit through, 

anchor in, or remain within the safety 

zone without obtaining permission from 

the Captain of the Port Charleston or a 

designated representative. If 

authorization to enter, transit through, 

anchor in, or remain within the safety 

zone is granted by the Captain of the 

Port Charleston or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port Charleston or a 

designated representative. The Coast 

Guard will provide notice of the safety 

zone by Local Notice to Mariners, 

Broadcast Notice to Mariners, and onscene designated representatives. 

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 (Regulatory 

Planning and Review) and 13563 

(Improving Regulation and Regulatory 

Review) 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 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying costs and benefits, reducing 

costs, harmonizing rules, and promoting 

flexibility. Executive Order 13771 

(Reducing Regulation and Controlling 

Regulatory Costs) directs agencies to 

reduce regulation and control regulatory 

costs and provides that ‘‘for every one 

new regulation issued, at least two prior 

regulations be identified for elimination, 

and that the cost of planned regulations 

be prudently managed and controlled 

through a budgeting process.’’ 

The Office of Management and Budget 

(OMB) has not designated this rule a 

significant regulatory action under 

section 3(f) of Executive Order 12866. 

Accordingly, OMB has not reviewed it. 

As this rule is not a significant 

regulatory action, this rule is exempt 

from the requirements of Executive 

Order 13771. See the OMB 

Memorandum titled ‘‘Interim Guidance 

Implementing Section 2 of the Executive 

Order of January 30, 2017 titled 

‘Reducing Regulation and Controlling 

Regulatory Costs’ ’’ (February 2, 2017). 

The economic impact of this rule is 

not significant for the following reasons: 

(1) The safety zone will only be 

enforced for a total of twelve hours; (2) 

although persons and vessels may not 

enter, transit through, anchor in, or 

remain within the safety zone without 

authorization from the Captain of the 

Port Charleston or a designated 

representative, they may operate in the 

surrounding area during the 

enforcement period; and (3) the Coast 

Guard will provide advance notification 

of the safety zone to the local maritime 

community by Local Notice to Mariners 

and Broadcast Notice to Mariners. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 


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Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations 37517 

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 that will prohibit persons and 

vessels from entering, transiting 

through, anchoring in, or remaining 

within a limited area surrounding the 

SC–41 Bridge on the waters of the 

Wando River for two six hour periods. 

This rule is categorically excluded from 

further review under paragraph 34(g) of 

Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Record of Environmental 

Consideration are available in the 

docket where indicated under 

ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and 

Department of Homeland Security Delegation 

No. 0170. 

■ 2. Add § 165.T07–0348 to read as 

follows: 

§ 165.T07–0348 Safety Zone; Demolition of 

SC–41 Bridge, Wando River, Charleston, 

SC. 

(a) Location. All waters of the Wando 

River encompassed within a 500-yard 

radius of SC–41 Bridge, vessels and 

machinery. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Charleston in the 

enforcement of the regulated areas. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port Charleston or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port 

Charleston by telephone at (843) 740– 

7050, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated area is granted by 

the Captain of the Port Charleston or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Charleston or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement period. This rule will 

be enforced from August 4, 2017 

through August 30, 2017, during 

demolition activity. 

Dated: August 3, 2017. 

G.G. Stump, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2017–16993 Filed 8–10–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2015–0084] 

RIN 1625–AA00, AA11 

Great Lakes—Regulated Navigation 

Areas and Safety Zones 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is amending 

its Great Lakes Regulated Navigation 

Areas to include one additional 

regulated navigation area in Green Bay, 

WI and safety zones in the Lake Erie 

Islands, OH and Saginaw Bay, MI. These 

zones will apply during the winter 

months and are necessary to protect 

waterway users, vessels, and mariners 

from hazards associated with winter 

conditions and navigation. 


asabaliauskas on DSKBBXCHB2PROD with RULES