39360 Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Rules and Regulations 

the Spectator Area. Spectators may 

contact the Coast Guard Patrol 

Commander to request permission to 

either enter the Spectator Area or pass 

through the regulated area. If permission 

is granted, spectators must enter the 

Spectator Area or pass directly through 

the regulated area as instructed at safe 

speed and without loitering. 

(7) The Coast Guard Patrol 

Commander and official patrol vessels 

enforcing this regulated area can be 

contacted on marine band radio VHF– 

FM channel 16 (156.8 MHz) and 

channel 22A (157.1 MHz). Persons and 

vessels desiring to transit, moor, or 

anchor within the regulated area must 

obtain authorization from Captain of the 

Port Maryland-National Capital Region 

or Coast Guard Patrol Commander. The 

Captain of the Port Maryland-National 

Capital Region can be contacted at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz). The Coast Guard Patrol 

Commander can be contacted on Marine 

Band Radio, VHF–FM channel 16 (156.8 

MHz). 

(8) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio. 

(d) Enforcement. The Coast Guard 

may be assisted with marine event 

patrol and enforcement of the regulated 

area by other federal, state, and local 

agencies. 

(e) Enforcement periods. This section 

will be enforced from 8:30 a.m. until 

5:30 p.m. on August 19, 2017, and from 

8:30 a.m. until 5:30 p.m. on August 20, 

2017. 

Dated: August 15, 2017. 

Michael W. Batchelder, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Maryland-National 

Capital Region. 

[FR Doc. 2017–17513 Filed 8–17–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0766] 

Drawbridge Operation Regulation; 

Willamette River, Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the upper deck of 

the Steel Bridge across the Willamette 

River, mile 12.1, in Portland, OR. The 

deviation is necessary to support the 

removal and replacement of roadway 

pavement. This deviation allows the 

upper lift span of the bridge to remain 

in the closed-to-navigation position to 

ensure the safety of construction crew 

members. 

DATES: This deviation is effective from 

4 a.m. to 11:59 p.m. on October 7, 2017. 

ADDRESSES: The docket for this 

deviation, USCG–2017–0766, is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Steven 

Fischer, Bridge Administrator, 

Thirteenth Coast Guard District; 

telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. 

SUPPLEMENTARY INFORMATION: Union 

Pacific Railroad Company (UPRR), 

bridge owner, has requested a temporary 

deviation from the operating schedule 

for the Steel Bridge across the 

Willamette River, at mile 12.1, in 

Portland, OR. The deviation is necessary 

to accommodate roadway 

improvements. Oregon Department of 

Transportation will be removing and 

replacing pavement on the upper lift 

roadway. The Steel Bridge is a doubledeck lift bridge with a lower lift deck 

and an upper lift deck which operate 

independent of each other. To facilitate 

this paving operation, the upper deck 

will remain in the closed-to-navigation 

position. When the lower deck is in the 

closed-to-navigation position, the bridge 

provides 26 feet of vertical clearance 

above Columbia River Datum 0.0; and in 

open-to-navigation position, the vertical 

clearance is 71 feet above Columbia 

River Datum 0.0. The deviation period 

is from 4 a.m. to 11:59 p.m. on October 

7, 2017. The lower deck for the Steel 

Bridge will continue to operate in 

accordance with 33 CFR 

117.897(c)(3)(ii), and at the end of this 

deviation period, the upper deck of the 

Steel Bridge will resume operating in 

accordance with 33 CFR 

117.897(c)(3)(ii). 

Waterway usage on this part of the 

Willamette River includes vessels 

ranging from commercial tug and barge 

to small pleasure craft. Vessels able to 

pass through the bridge with the lower 

deck in the open-to-navigation position 

or upper deck in the closed-tonavigation position may do so at any 

time. The upper lift of the Steel Bridge 

will not be able to open for emergencies; 

however, the lower lift will be able to 

open for emergencies, and there is no 

immediate alternate route for vessels to 

pass. The Coast Guard has conducted 

public outreach regarding this closure of 

the upper deck on the subject bridge to 

known mariners that transit on the river. 

The Coast Guard has not received any 

objections to this temporary deviation 

from the operating schedule. The Coast 

Guard will also inform the users of the 

waterways through our Local and 

Broadcast Notices to Mariners of the 

change in operating schedule for the 

bridge so that vessel operators can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: August 15, 2017. 

Steven Michael Fischer, 

Bridge Administrator, Thirteenth Coast Guard 

District. 

[FR Doc. 2017–17523 Filed 8–17–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0521] 

RIN 1625–AA00 

Safety Zone; Kaskaskia River, 

Evansville, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone for all 

navigable waters on the Kaskaskia River 

between mile marker (MM) 9.0 and MM 

11.0. This action is necessary to provide 

for the safety of life on these navigable 

waters near Evansville, IL during high 

speed boat races. Entry of vessels or 

persons into this safety zone is 

prohibited unless authorized by the 

Captain of the Port Upper Mississippi 

River (COTP) or a designated 

representative. 

DATES: This rule is effective from 8 a.m. 

on September 16, 2017, through 6 p.m. 

on September 17, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

mstockstill on DSK30JT082PROD with RULES

Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Rules and Regulations 39361 

www.regulations.gov, type USCG–2017– 

0521 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LCDR Sean Peterson, Chief of 

Prevention, U.S. Coast Guard; telephone 

314–269–2332, email Sean.M.Peterson@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Upper 

Mississippi River 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard preceded this final 

rule with a Notice of Proposed 

Rulemaking (NPRM). The NPRM was 

published in the Federal Register on 

June 21, 2017, (82 FR 28290). There we 

stated why we issued the NPRM, and 

invited comments on our proposed 

regulatory action related to high speed 

boat races on the Kaskaskia River in 

Evansville, IL. The NPRM listed dates 

and times of enforcement of the safety 

zone. During the comment period that 

ended July 21, 2017, we received no 

comments. 

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 Upper Mississippi 

River (COTP) has determined that 

potential hazards associated with the 

high speed boat races will cause safety 

concerns. The purpose of this rule is to 

ensure safety of life, vessels and the 

navigable waters in the safety zones, 

before, during, and after the scheduled 

event. 

IV. Discussion of the Comments, 

Changes, and the Rule 

As noted above, during the comment 

period for our NPRM that published 

June 21, 2017, no comments were 

received. There are no changes in the 

regulatory text of this rule from the 

proposed rule in the NPRM. 

This rule establishes a safety zone 

from 8 a.m. on September 16, 2017 

through 6 p.m. on September 17, 2017. 

The zone will be enforced from 8 a.m. 

through 6 p.m. each day. The safety 

zone will cover all navigable waters 

between MM 9.0 and 11.0 on the 

Kaskaskia River in Evansville, IL. The 

duration of the zone is intended to 

ensure the safety of vessels and 

participants on the navigable waters 

before, during, and after the scheduled 

high speed boat practices and races. 

Entry of vessels or persons into this 

safety zone is prohibited without 

obtaining permission from the COTP or 

a designated representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, this rule has 

not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day of the regulated area. 

Vessel traffic will be able to safely 

navigate through the affected area before 

and after the scheduled event. The 

safety zone will only be enforced for a 

period of 10 hours on each of 2 days on 

2 miles of navigable waters. Entry into 

the safety zones established through this 

rulemaking may be requested from the 

COTP or a designated representative; 

requests will be considered on a caseby-case basis. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received no comments 

from the Small Business Administration 

on this rulemaking. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A. above, 

this rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order13132. 

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, 

mstockstill on DSK30JT082PROD with RULES

39362 Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Rules and Regulations 

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. 

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 10 hours on 2 days, 

during daylight hours and restricts 

transit on a section of the Kaskaskia 

River extending 2 miles. 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. 

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, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0521 to read as 

follows: 

§ 165.T08–0521 Safety Zone; Kaskaskia 

River, Evansville, IL. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

Kaskaskia River between MM 9.0 and 

MM 11.0, Evansville, IL. 

(b) Definitions. As used in this 

section, a ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Upper Mississippi River 

(COTP) in the enforcement of the safety 

zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or a designated representative. 

(2) To request entry into the safety 

zone, contact the COTP or a designated 

representative via VHF–FM channel 16, 

or Coast Guard Sector Upper 

Mississippi River by telephone at 314– 

269–2332. Those persons authorized to 

be in the safety zone must comply with 

all lawful orders or directions given to 

them by the COTP or a designated 

representative. 

(d) Enforcement period. This section 

will be enforced each day from 8 a.m. 

through 6 p.m. on September 16 and 17, 

2017. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcast notices to mariners of the 

enforcement period for the safety zone. 

Dated: August 15, 2017. 

Scott A. Stoermer, 

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

Port Upper Mississippi River. 

[FR Doc. 2017–17512 Filed 8–17–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 668 

[Docket ID ED–2017–OPE–0090] 

Program Integrity: Gainful Employment 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Announcement of applicable 

dates; request for comments. 

SUMMARY: The Department, in this 

document, establishes new deadlines for 

submitting notices of intent to file 

alternate earnings appeals and for 

submitting alternate earnings appeals. 

The Department also announces 

additional information that will be 

considered when evaluating alternate 

earnings appeals. 

DATES: We must receive comments on or 

before September 18, 2017. 

The deadline to submit a notice of 

intent to file an alternate earnings 

appeal is October 6, 2017. The deadline 

to file an alternate earnings appeal is 

February 1, 2018. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via U.S. mail, commercial delivery, or 

hand delivery. We will not accept 

comments by fax or by email or those 

submitted after the comment period. To 

ensure that we do not receive duplicate 

copies, please submit your comments 

only once. In addition, please include 

the Docket ID at the top of your 

comments. 

• Federal eRulemaking Portal: Go to 

www.regulations.gov to submit your 

comments electronically. Information 

on using Regulations.gov, including 

instructions for accessing agency 

documents, submitting comments, and 

viewing the docket, is available on the 

site under ‘‘Are you new to this site?’’ 

• U.S. Mail, Commercial Delivery, or 

Hand Delivery: If you mail or deliver 

your comments, address them to Scott 

Filter, U.S. Department of Education, 

400 Maryland Ave. SW., Room 6W253, 

Washington, DC 20202. 

Privacy Note: The Department’s 

policy for comments received from 

members of the public (including 

comments submitted by mail, 

commercial delivery, or hand delivery) 

is to make these submissions available 

for public viewing in their entirety on 

the Federal eRulemaking Portal at 

www.regulations.gov. Therefore, 

commenters should be careful to 

include in their comments only 

information that they wish to make 

publicly available on the internet. 

FOR FURTHER INFORMATION CONTACT: 

Scott Filter, U.S. Department of 

mstockstill on DSK30JT082PROD with RULES