Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations 41333 

compliance within the specified compliance 

time after the effective date of this AD. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle ACO Branch, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or local Flight Standards 

District Office, as appropriate. If sending 

information directly to the manager of the 

certification office, send it to the attention of 

the person identified in paragraph (j) of this 

AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair, 

modification, or alteration required by this 

AD if it is approved by the Boeing 

Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle ACO 

Branch, to make those findings. To be 

approved, the repair method, modification 

deviation, or alteration deviation must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(4) For service information that contains 

steps that are labeled as Required for 

Compliance (RC), the provisions of 

paragraphs (i)(4)(i) and (i)(4)(ii) of this AD 

apply. 

(i) The steps labeled as RC, including 

substeps under an RC step and any figures 

identified in an RC step, must be done to 

comply with the AD. If a step or substep is 

labeled ‘‘RC Exempt,’’ then the RC 

requirement is removed from that step or 

substep. An AMOC is required for any 

deviations to RC steps, including substeps 

and identified figures. 

(ii) Steps not labeled as RC may be 

deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC, provided the RC steps, 

including substeps and identified figures, can 

still be done as specified, and the airplane 

can be put back in an airworthy condition. 

(j) Related Information 

For more information about this AD, 

contact Bill Ashforth, Aerospace Engineer, 

Airframe Section, FAA, Seattle ACO Branch, 

1601 Lind Avenue SW., Renton, WA 98057– 

3356; phone: 425–917–6432; fax: 425–917– 

6590; email: bill.ashforth@faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Boeing Alert Service Bulletin 747– 

57A2360, dated January 20, 2017. 

(ii) Reserved. 

(3) For Boeing service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: 

Contractual & Data Services (C&DS), 2600 

Westminster Blvd., MC 110–SK57, Seal 

Beach, CA 90740–5600; telephone 562–797– 

1717; Internet https://

www.myboeingfleet.com. 

(4) You may view this service information 

at the FAA, Transport Standards Branch, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on August 

21, 2017. 

Dionne Palermo, 

Acting Director, System Oversight Division, 

Aircraft Certification Service. 

[FR Doc. 2017–18392 Filed 8–30–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0809] 

RIN 1625–AA00 

Safety Zone; Pacific Ocean, North 

Shore, Oahu, HI—Recovery Operations 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the navigable waters of the North Shore 

of Oahu, Hawaii, near Ka’Ena Point. The 

temporary safety zone encompasses all 

waters extending 3 nautical miles in all 

directions from position 21°34.88′ N.; 

158°17.90′ W. The safety zone is needed 

to protect personnel, vessels and the 

marine environment from potential 

hazards associated with ongoing 

operations to salvage a downed 

helicopter in this area. Entry of vessels 

or persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port (COTP) Honolulu. 

DATES: This rule is effective without 

actual notice from August 31, 2017 until 

8:00 a.m. on September 15, 2017. For 

the purposes of enforcement, actual 

notice will be used from August 22, 

2017, until August 31, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0809 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 Commander John 

Bannon, Waterways Management 

Division, U.S. Coast Guard Sector 

Honolulu at (808) 541–4359 or 

john.e.bannon@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

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 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 

immediate action is needed to respond 

to the potential safety hazards 

associated with this salvage effort, and 

therefore publishing an NPRM is 

impracticable and contrary to public 

interest. 

On August 16, 2017, the Coast Guard 

published a temporary final rule 

entitled, ‘‘Safety Zone; Pacific Ocean, 

North Shore Oahu, HI docket number 

USCG–2016–0507, establishing a safety 

zone in the navigable waters of the 

Pacific Ocean, North Shore, Oahu, HI. 

The purpose of the safety zone was to 

provide for the safety of search and 

rescue efforts for an August 15, 2017 

downed helicopter off the North Shore, 

Oahu, HI, near Ka’Ena Point. 

Additionally, the safety zone was 

necessary to map the debris field and 

crash location. The new TFR adjusts the 

safety zone to complete all salvage and 

recovery operations after the completion 

of the search and rescue operations. 


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41334 Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

August 15, 2017, the Coast Guard was 

informed of a helicopter crash off the 

North Shore of Oahu, Hawaii, near 

Ka’Ena Point. The Coast Guard COTP 

Sector Honolulu has determined that 

potential hazards associated with the 

salvage operations constitute a safety 

concern for anyone within the 

designated safety zone. This rule is 

necessary to protect personnel, vessels, 

and the marine environment within the 

navigable waters of the safety zone 

during ongoing salvage operations. 

IV. Discussion of the Rule 

This rule is effective from August 22, 

2017 through 8:00 a.m. on September 

15, 2017, or until salvage operations are 

complete, whichever is earlier. If the 

safety zone is terminated prior to 8:00 

a.m. on September 15, 2017, the Coast 

Guard will provide notice via a 

broadcast notice to mariners. The 

temporary safety zone encompasses all 

waters extending 3 nautical miles in all 

directions around the location of 

ongoing salvage operations near 

position: 21°34.88′ N.; 158°17.90′ W. 

This zone extends from the surface of 

the water to the ocean floor. The zone 

is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters from potential 

hazards associated with the salvage 

operations of one downed helicopter in 

this area. No vessel or person will be 

permitted to enter the safety zone absent 

the express authorization of the COTP 

or his 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 safety zone. 

Vessel traffic will be able to safely 

transit around this safety zone which 

would impact only a small designated 

area of the waters off of Ka’Ena Point 

where vessel traffic is normally low. 

Moreover, the Coast Guard would issue 

a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone, and the rule would allow vessels 

to seek permission to enter the zone. 

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. The safety zone is limited 

in size and duration, and mariners may 

request to enter the zone by contacting 

the COTP. 

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 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 


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Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations 41335 

significant effect on the human 

environment. This rule involves a safety 

zone with a duration of six days or until 

the search is suspended. 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, and 

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.T14–0809 to read as 

follows: 

§ 165.T14–0809 Safety Zone; Pacific 

Ocean, North Shore Oahu, HI—Recovery 

Operations. 

(a) Location. The safety zone is 

located within the COTP Zone (See 33 

CFR 3.70–10) and will encompass all 

navigable waters extending 3 nautical 

miles in all directions from position: 

21°34.88′ N.; 158°17.90′ W. This zone 

extends from the surface of the water to 

the ocean floor. 

(b) Enforcement Period. This rule is 

effective from 1:00 p.m. (HST) on 

August 22, 2017 through 8:00 a.m. 

(HST) on September 15, 2017, or until 

salvage operations are complete, 

whichever is earlier. If the safety zone 

is terminated prior to 8:00 a.m. (HST) on 

September 15, 2017, the Coast Guard 

will provide notice via a broadcast 

notice to mariners. 

(c) Regulations. The general 

regulations governing safety zones 

contained in 33 CFR 165.20, subpart C, 

apply to the safety zone created by this 

temporary final rule. 

(1) All persons are required to comply 

with the general regulations governing 

safety zones found in 33 CFR part 165. 

(2) Entry into or remaining in this 

zone is prohibited unless expressly 

authorized by the COTP or his 

designated representative. 

(3) Persons desiring to transit the 

safety zone identified in paragraph (a) of 

this section may contact the COTP at the 

Command Center telephone number 

(808) 842–2600 and (808) 842–2601, fax 

(808) 842–2642 or on VHF channel 16 

(156.8 Mhz) to seek permission to 

transit the zone. If permission is 

granted, all persons and vessels must 

comply with the instructions of the 

COTP or his designated representative 

and proceed at the minimum speed 

necessary to maintain a safe course 

while in the zone. 

(4) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the safety zone by Federal, State, and 

local agencies. 

(d) Notice of enforcement. The COTP 

will cause notice of the enforcement of 

the safety zone described in this section 

to be made by verbal broadcasts and 

written notice to mariners and the 

general public. 

(e) Definitions. As used in this 

section, designated representative 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the COTP to assist in 

enforcing the safety zone described in 

paragraph (a) of this section. 

Dated: August 22, 2017. 

M.C. Long, 

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

Port Honolulu. 

[FR Doc. 2017–18451 Filed 8–30–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0022; FRL–9967–05– 

Region 4] 

Air Plan Approval; Kentucky; 

Louisville Miscellaneous Rule 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On August 29, 2012, the 

Commonwealth of Kentucky, through 

the Kentucky Division for Air Quality 

(KDAQ), submitted changes to the 

Kentucky State Implementation Plan 

(SIP) on behalf of the Louisville Metro 

Air Pollution Control District (District or 

Jefferson County). The Environmental 

Protection Agency (EPA) is approving 

several changes that modify the 

District’s air quality regulations as 

incorporated into the SIP. The changes 

to the regulatory portion of the SIP that 

EPA is approving pertain to definitional 

changes, administrative amendments, 

open burning, standards of performance, 

and volatile organic compounds (VOCs). 

EPA is approving these changes because 

the Commonwealth and Jefferson 

County have demonstrated that these 

changes are consistent with the Clean 

Air Act (CAA or Act). 

DATES: This rule is effective October 2, 

2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0022. All documents in the docket 

are listed on the https://

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information 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 either 

electronically through https://

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at lakeman.sean@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 29, 2012, KDAQ submitted 

a SIP revision to EPA for approval that 


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