Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Rules and Regulations 40489 

the dredge ESSEX OR dredge 

CHARLESTON on VHF channel 13 or 

16, at least 1 hour, as well as 30 

minutes, prior to arrival. Vessels shall 

then transit around the dredge project, 

utilizing Anchorage 7 off Marcus Hook 

Range, while operating at the minimum 

safe speed necessary to maintain 

steerage and reduced wake. 

(3) Vessels wishing to anchor in 

Anchorage 7 off Marcus Hook Range 

must obtain permission from the COTP 

at least 24 hours in advance by calling 

(215) 271–4807. The COTP will permit 

two vessels at a time to anchor on a 

‘‘first-come, first-served’’ basis. Vessels 

will only be allowed to anchor for a 12 

hour period. Vessels that require an 

examination by the Public Health 

Service, Customs, or Immigration 

authorities will be directed to an 

anchorage for the required inspection by 

the COTP. Vessels are encouraged to use 

Anchorage 9 near entrance to Mantua 

Creek, Anchorage 10 at Naval Base, 

Philadelphia, and Anchorage 6 off 

Deepwater Point alternative anchorages. 

(4) The Captain of the Port will 

implement and terminate the safety 

zones individually once all submerged 

pipeline has been recovered and 

dredging operations are completed in 

each range respectively. Notice of the 

implementation and the termination of 

the safety zone will be made in 

accordance with 33 CFR 165.7. 

Entry into, transiting, or anchoring 

within the safety zones is prohibited 

unless vessels obtain permission from 

the Captain of the Port or make 

satisfactory passing arrangements with 

the dredge ESSEX and/or dredge 

CHARLESTON per this rule and the 

Rules of the Road (33 CFR subchapter 

E). 

(5) To request permission to enter the 

safety zone, the Captain of the Port’s 

representative can be contacted via 

VHF–FM channel 16. Vessels granted 

permission to enter and transit through 

the safety zone must do so in 

accordance with the directions provided 

by the Captain of the Port or designated 

representative. No person or vessel may 

enter or remain in a safety zone without 

permission from the Captain of the Port. 

All persons and vessels within a safety 

zone shall obey the directions or orders 

of the Captain of the Port or their 

designated representative. 

(6) At least one side of the main 

navigational channel will be kept clear 

for safe passage of vessels in the vicinity 

of the safety zones. At no time will the 

main navigational channel be closed to 

vessel traffic. Vessels requesting to 

transit shall contact the dredge ESSEX 

and/or dredge CHARLESTON on VHF 

channel 13 or 16, at least 1 hour, as well 

as 30 minutes, prior to arrival. 

(7) This section applies to all vessels 

that intend to transit through the safety 

zones except vessels that are engaged in 

the following operations: enforcement of 

laws; service of aids to navigation, and 

emergency response. 

(d) Effective and enforcement periods. 

The safety zones established in 

paragraph (a) of this section will be 

effective from August 30, 2017 through 

March 15, 2018, unless cancelled earlier 

by the Captain of the Port once all 

operations are completed. The safety 

zones will be enforced with actual 

notice by Coast Guard representatives 

on scene, as well as other methods 

listed in 33 CFR 165.7. 

Dated: August 21, 2017. 

Scott E. Anderson, 

Captain, U.S. Coast Guard Captain of the 

Port, Delaware Bay. 

[FR Doc. 2017–18033 Filed 8–24–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0627] 

RIN 1625–AA00 

Safety Zone; Atlantic Ocean, Ocean 

City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the waters 

of the Atlantic Ocean adjacent to Ocean 

City, NJ on August 26, 2017. The safety 

zone will restrict vessel traffic from 

operating on a portion of Atlantic Ocean 

during a fireworks display. This safety 

zone is necessary to protect the public, 

spectators and vessels from the hazards 

associated with a fireworks display. The 

safety zone restricts vessels from 

transiting the zone during the effective 

period, unless authorized by the Captain 

of the Port Delaware Bay or a designated 

representative. 

DATES: This rule is effective on August 

26, 2017, from 9 p.m. to 11:59 p.m. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0627 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 MST2 Amanda Boone, U.S. Coast 

Guard, Sector Delaware Bay, Waterways 

Management Division, telephone (215) 

271–4814, email Amanda.N.Boone@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary final 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 foregoing public 

comment with respect to this rule. 

Insufficient time remains to publish a 

Notice of Proposed Rule Making 

(NPMR) and allow for a public comment 

period before the event, which is 

scheduled to take place on August 26, 

2017. The safety zone must be in effect 

on that date in order to serve its purpose 

of ensuring the safety of spectators and 

the general public from hazards 

associated with a fireworks display. 

Hazards include accidental discharge of 

fireworks, dangerous projectiles, and 

falling hot embers or other debris. For 

those reasons, it would be impracticable 

and contrary to the public interest to 

publish an NPRM. 

For the reason discussed above, under 

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

that good cause exists for making this 

rule effective less than 30 days after 

publication in the FR. Delaying the 

effective date would be contrary to the 

rule’s objectives of ensuring safety of 

life on the navigable waters and 

protection of persons and vessels in the 

vicinity of the fireworks display. The 

event has been widely publicized in 

local media outlets. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

COTP Delaware Bay has determined 

that this temporary safety zone is 


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40490 Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Rules and Regulations 

necessary to provide safety during the 

fireworks events, and to ensure 

protection of the public. 

IV. Discussion of the Rule 

On August 26, 2017, a fireworks 

display event will take place on the 

waters of the Atlantic Ocean adjacent to 

Ocean City, NJ. The Coast Guard is 

establishing a temporary safety zone in 

a portion of the Atlantic Ocean adjacent 

to Ocean City, NJ to ensure the safety of 

persons, vessels and the public during 

the event. The proposed safety zone 

includes all waters of the North Atlantic 

Ocean within a 600 yard radius of the 

fireworks barge in approximate location 

latitude 39°16′22′′ N., longitude 

074°33′54′′ W., in the vicinity of the 

shoreline at Ocean City, NJ. 

The fireworks display is expected to 

occur between 9:30 p.m. and 11:30 p.m. 

In order to coordinate the safe 

movement of vessels within the area 

and to ensure that the area is clear of 

unauthorized persons and vessels 

before, during, and immediately after 

the fireworks launch, this zone will be 

enforced from 9 p.m. to 11:59 p.m. 

Access to this safety zone will be 

restricted during the specified date and 

time period. Only vessels or persons 

specifically authorized by the COTP 

Delaware Bay or designated 

representative may enter or remain in 

the regulated area. 

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 safety zone. The 

safety zone will impact the waters 

affected by this rule from 9 p.m. to 11:59 

p.m. on August 26, 2017, during a time 

of day when commercial and 

recreational vessels traffic is normally 

low. Vessels will be able to safely transit 

around the safety zone. Notifications 

will be made to the maritime 

community via marine information 

broadcasts so mariners may adjust their 

plans accordingly. 

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 

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 calls for no 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 it is one of a category 

of actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

adjusts rates in accordance with 

applicable statutory and regulatory 

mandates. It is categorically excluded 

under section 2.B.2, figure 2–1, 

paragraph 34(g) of the Instruction, 

which pertains to minor regulatory 

changes that are editorial or procedural 

in nature. A Record of Environmental 


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Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Rules and Regulations 40491 

Consideration (REC) supporting this 

determination is available in the docket 

where indicated in the ADDRESSES

section of this preamble. 

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, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T05–0627 to read as 

follows: 

§ 165.T05–0627 Safety Zone; Atlantic 

Ocean, Ocean City, NJ. 

(a) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

petty officer, warrant or commissioned 

officer on board a Coast Guard vessel 

and or on board another Federal, State, 

or local law enforcement vessel assisting 

the Captain of the Port, Delaware Bay 

with enforcement of the safety zone. 

(b) Location. The following area is a 

safety zone: All waters of the North 

Atlantic Ocean within a 600 yard radius 

of the fireworks barge in approximate 

location latitude 39°16′22′′ N., longitude 

074°33′54′′ W., in the vicinity of the 

shoreline at Ocean City, NJ. 

(c) Regulations. (1) The general safety 

zone regulations found in § 165.23 

apply to the safety zone created by this 

temporary section. 

(2) Under the general safety zone 

regulations in § 165.23, persons may not 

enter the safety zone described in 

paragraph (b) of this section unless 

authorized by the COTP or the COTP’s 

designated representative. 

(3) To request permission to enter the 

safety zone, contact the COTP or the 

COTP’s representative on marine band 

radio VHF–FM channel 16 (156.8 MHz). 

All persons and vessels in the safety 

zone must comply with all lawful orders 

or directions given to them by the COTP 

or the COTP’s designated representative. 

(d) Enforcement period. This section 

will be enforced August 26, 2017, from 

9 p.m. to 11:59 p.m. 

Dated: August 21, 2017. 

Scott E. Anderson, 

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

Port Delaware Bay. 

[FR Doc. 2017–18031 Filed 8–24–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2017–0143; FRL–9966–59– 

Region 7] 

Air Plan Approval; Iowa; Amendment 

to the Administrative Consent Order, 

Grain Processing Corporation, 

Muscatine, Iowa 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the State 

Implementation Plan (SIP) submitted by 

the State of Iowa for the purpose of 

incorporating an amendment to the 

Administrative Consent Order (ACO) for 

Grain Processing Corporation (GPC), 

Muscatine, Iowa. The revision amends 

the ACO to change the date for 

completion of performance testing to 

allow the state more time to complete 

processing air construction permit 

applications submitted by GPC and 

specify testing requirements as 

appropriate in the final permits. This 

revision will not impact the schedule 

for installation and operation of control 

equipment, will not alter any other 

compliance dates, and will not 

adversely affect air quality in 

Muscatine, Iowa. The state held a 30- 

day comment period, during which no 

comments were received. 

DATES: This direct final rule will be 

effective October 24, 2017, without 

further notice, unless EPA receives 

adverse comment by September 25, 

2017. If EPA receives adverse comment, 

we will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2017–0143, to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Heather Hamilton, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7039, or by email at 

hamilton.heather@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

This direct final action approves a 

revision to the Iowa State 

Implementation Plan (SIP) submitted by 

the State of Iowa for the purpose of 

incorporating an amendment to the 

Administrative Consent Order (ACO) 

with Grain Processing Corporation 

(GPC), Muscatine, Iowa. The revision 

changes the date for completion of 

performance testing from May 31, 2017, 

to May 31, 2018, and will allow the state 

more time to complete processing air 

construction permit applications 

submitted by GPC and specify testing 

requirements as appropriate in the final 

permits. This amendment will not 

impact the schedule for installation and 

operation of control equipment, will not 

alter any other compliance dates, and 


pmangrum on DSK3GDR082PROD with RULES