Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 41893 

■ 2. Amend § 117.287 by revising 

paragraphs (c) and (d) to read as follows: 

§ 117.287 Gulf Intracoastal Waterway. 

* * * * * 

(c)(1) The Stickney Point Bridge, mile 

68.6, at South Sarasota, Florida shall 

open on signal, except that from 6 a.m. 

to 7 p.m. daily, the draw need only open 

on the hour and half hour. 

(2) The draw of the Siesta Drive 

Bridge, mile 71.6, at Sarasota, Florida 

shall open on signal, except that from 6 

a.m. to 7 p.m. daily, the draw need only 

open on the hour and half hour. 

(d)(1) The draw of the Cortez (SR 684) 

Bridge, mile 87.4, at Bradenton Beach, 

Florida shall open on signal, except that 

from 6 a.m. to 7 p.m. daily, the draw 

need only open on the quarter hour and 

three quarter hour. 

(2) The draw of the Anna Maria (SR 

64) (Manatee Avenue West) Bridge, mile 

89.2, at Bradenton Beach, Florida shall 

open on signal, except that from 6 a.m. 

to 7 p.m. daily, the draw need only open 

on the quarter hour and three quarter 

hour. 

* * * * * 

Dated: August 22, 2017. 

Peter J. Brown, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. 2017–18710 Filed 9–1–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0843] 

RIN 1625–AA00 

Safety Zone; Dredging, Shark River, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

a portion of Shark River, in Neptune 

City, NJ, from September 5, 2017, 

through September 23, 2017, while 

dredging operations are being 

conducted in the main navigational 

channel. This safety zone is necessary to 

provide for the safety of life on 

navigable waters during dredging 

operations and will restrict vessel traffic 

from transiting the main navigational 

channel. 

DATES: This rule is effective from 

September 5, 2017 through September 

23, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to, type 

USCG–2017–0843 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 about this rule, call 

or email Marine Science Technician 

Second Class Amanda Boone, U.S. Coast 

Guard, Sector Delaware Bay, Waterways 

Management Division, Coast Guard; 

telephone (215) 271–4889, 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 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port 

II. Background Information and 

Regulatory History 

Efforts to dredge the Shark River have 

been underway for well over a decade. 

After Superstorm Sandy, the need to 

dredge the river increased significantly 

due to sediment deposited by the storm, 

which impeded navigation within the 

channel. 

Mobile Dredging and Pumping Co. 

has been awarded the contract to restore 

the state channels to allow safe passage 

for recreational and commercial traffic. 

The sediment will be hydraulically 

dredged and piped via a secure welded 

pipeline to the selected dewatering 

locations. 

The purpose of this rule is to promote 

maritime safety and protect vessels from 

the hazards of dredge piping and dredge 

operations. The rule will temporarily 

restrict vessel traffic from transiting a 

portion of the Shark River while 

dredging operations are being 

conducted in the main navigational 

channel. 

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 the 

final details for this event were not 

received by the Coast Guard until 

August 25, 2017, and the dredging 

operation will begin September 5, 2017. 

The safety zone is needed by September 

5, 2017, to ensure safe navigation of 

vessels transiting the Shark River, and it 

is impracticable to publish an NPRM 

and consider comments before that date. 

The dredge and dredge piping must be 

positioned in the main navigational 

channel in order for the dredging 

company to complete the proper 

dredging of the main navigational 

channel. Allowing this event to go 

forward without a safety zone in place 

would expose mariners and the public 

to unnecessary dangers associated with 

dredge piping and dredge operations. 

Therefore, it is imperative that there is 

a safety zone restricting traffic in this 

portion of the Shark River, in Neptune 

City, NJ. 

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 for 

the reasons stated above. The Coast 

Guard expects that there will be an 

impact to vessel traffic during times 

when the navigational channel is 

restricted. However, there will be times 

throughout the project where vessel 

traffic is not restricted and traffic will be 

able to transit through the main 

navigational channel. Furthermore, 

notification of the waterway restrictions 

will be made by the contractor, Mobile 

Dredging and Pumping Co. Additionally 

the New Jersey Department of 

Transportation, Office of Marine 

Resources, will be conducting outreach 

to the local community. Notification of 

the safety zone and waterway 

restrictions will be made by the COTP 

via marine safety broadcast using VHF– 

FM channel 16 and through the Local 

Notice to Mariners. 

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 potential hazards are associated 

with dredge piping and dredge 

operations from September 5, 2017, 

through September 23, 2017. The rule is 

necessary to promote maritime safety 

and protect vessels from the hazards of 

dredge piping and dredge operations. 

The rule will have an impact to 

vessels transiting through the Shark 

River main navigational channel, from 

latitude 40°10′54.20′′ N., longitude 

74°1′51.05′′ W., bounded by the eastern 

side of the channel and the western side 

of the channel, north, to latitude 

40°11′6.87′′ N., longitude 74° 1′53.54′′ 

W., as vessels will be unable to transit 

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41894 Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 

the main navigational channel during 

times when dredging operations are 

being conducted. This restriction is 

necessary to ensure the safety of life and 

protect vessel from dredge piping and 

dredge operations. 

IV. Discussion of the Rule 

On September 5, 2017, dredging will 

begin on a portion of the Shark River in 

Neptune City, NJ. The COTP Delaware 

Bay has determined that the hazards 

associated with dredge piping and 

dredge operations in the main 

navigational channel create the need for 

a safety zone to ensure safety of vessels 

transiting this portion and for workers 

engaged in dredging operations. 

The safety zone will close the main 

navigational channel on the Shark River 

from latitude 40°10′54.20′′ N., longitude 

74°1′51.05′′ W., bounded by the eastern 

side of the channel and the western side 

of the channel, north, to latitude 

40°11′6.87′′ N., longitude 74°1′53.54′′ 

W.; during times of dredging. Dredging 

of the main navigational channel is 

scheduled from September 5, 2017, 

through September 23, 2017, only from 

9 a.m. on Mondays through 9 p.m. on 

Thursdays. Entry into, transiting, or 

anchoring within this portion of Shark 

River during these times is prohibited. 

These coordinates are based on the 

World Geodetic System 1984 (WGS 84) 

horizontal datum reference. 

The channel will be open from 

September 5, 2017, through September 

23, 2017, from 9 p.m. on Thursdays to 

9 a.m. on Mondays. During the periods 

when the channel is open mariners are 

urged to transit at their slowest safe 

speed, with no wake, no meeting or 

passing of other vessels, and proceed 

with caution after passing arrangements 

have been made. Mariners must 

communicate clearly, and in advance, 

with the dredge via VHF 6 or 13. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive Order 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 limited size of the zone 

and duration of the safety zone. 

Although the main navigational channel 

of this portion of the Shark River will 

be closed for periods of time throughout 

the dredging operation, there are 

designated times where the channel will 

be open for vessel traffic and traffic will 

be able transit. Vessels will only be 

affected 84-hours weekly, from 9 a.m. 

on Mondays through 9 p.m. on 

Thursdays, during the month of 

September 2017. The safety zone and 

channel closure will be well publicized 

to allow mariners to make alternative 

plans for transiting the affected area. 

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 

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Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 41895 

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 

involves a safety zone that lasts for less 

than a month in duration and has 

designated times where the channel will 

be open for vessel traffic and traffic will 

be able to transit. It is categorically 

excluded from further review under 

paragraph 34(g) of Figure 2–1 of the 

Commandant Instruction. A Record of 

Environmental 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.T05–0843 to read as 

follows: 

§ 165.T05–0843 Safety Zone, Dredging; 

Shark River, NJ. 

(a) Definitions. As used in this 

section, designated representative 

means 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 areas are 

safety zone: All waters from latitude 

40°10′54.20′′ N., longitude 74°1′51.05′′ 

W., bounded by the eastern side of the 

channel and the western side of the 

channel, north, to latitude 40°11′6.87′′ 

N., longitude 74°1′53.54′′ W., in the 

Shark River, in Neptune City, NJ. These 

coordinates are based on the World 

Geodetic System 1984 (WGS 84) 

horizontal datum reference. 

(c) Regulations. The general safety 

zone regulations found in § 165.23 

apply to the safety zone created by this 

temporary section. 

(1) All vessels and persons are 

prohibited from entering into or moving 

within the safety zone described in 

paragraph (a) of this section while it is 

subject to enforcement, unless 

authorized by the Captain of the Port, 

Delaware Bay, or by his designated 

representative. 

(2) Persons or vessels seeking to enter 

or pass through the safety zone must 

contact the Captain of the Port, 

Delaware Bay, or his designated 

representative to seek permission to 

transit the area. The Captain of the Port, 

Delaware Bay can be contacted at 

telephone number 215–271–4807 or on 

Marine Band Radio VHF Channel 16 

(156.8 MHz). 

(3) Vessels may transit this portion of 

the Shark River from September 5, 2017, 

through September 23, 2017, weekly, 

from 9 p.m. on Thursdays through 9 

a.m. on Mondays. During the periods 

when the channel is open mariners are 

urged to transit at their slowest safe 

speed, with no wake, no meeting or 

passing of other vessels, and proceed 

with caution after passing arrangements 

have been made. Mariners must 

communicate clearly, and in advance, 

with the dredge via VHF 6 or 13. 

(4) This section applies to all vessels 

except those engaged in the following 

operations: Enforcing laws, servicing 

aids to navigation and emergency 

response vessels. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted by Federal, State 

and local agencies in the patrol and 

enforcement of the zone. 

(e) Enforcement periods. This section 

will be enforced weekly, from 9 a.m. on 

Mondays through 9 p.m. on Thursdays, 

from September 5, 2017, through 

September 23, 2017, unless cancelled 

earlier by the Captain of the Port. 

Dated: August 30, 2017. 

Scott E. Anderson, 

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

Port Delaware Bay. 

[FR Doc. 2017–18732 Filed 9–1–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0621; FRL–9965–89– 

Region 9] 

Revisions to the California State 

Implementation Plan; Imperial County 

Air Pollution Control District; 

Stationary Sources Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing action on a 

revision to the Imperial County Air 

Pollution Control District (ICAPCD or 

District) portion of the California State 

Implementation Plan (SIP). We are 

finalizing a conditional approval of one 

rule. This rule updates and revises the 

District’s New Source Review (NSR) 

permitting program for new and 

modified sources of air pollution. 

DATES: This rule is effective on October 

5, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R09–OAR–2015–0621. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although it may be listed in the 

index, some information is not publicly 

available, e.g., Confidential Business 

Information (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. 

Publicly available docket materials are 

available through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Thien Khoi Nguyen, EPA Region IX, 

(415) 947–4120, nguyen.thien@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

Definitions 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The word or initials CAA mean or 

refer to the Clean Air Act, unless the 

context indicates otherwise. 

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