Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Rules and Regulations 42943 

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.T08–0838 to read as 

follows: 

§ 165.T08–0838 Safety zone; Tennessee 

River, Knoxville, TN. 

(a) Location. The following area is a 

temporary safety zone area: all navigable 

waters of the Tennessee River between 

Mile Marker (MM) 646.8 and MM 647.0, 

Knoxville, TN. 

(b) Effective period. This section will 

be enforced from 3:30 p.m. on 

September 9, 2017 through 11 p.m. on 

November 25, 2017. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Ohio Valley (COTP) or a 

designated representative. Persons or 

vessels desiring to enter into or pass 

through the zone must request 

permission from the COTP or a 

designated representative. They may be 

contacted on VHF–FM radio channel 16 

or telephone at 1–800–253–7465 

(2) Persons and vessels permitted to 

enter this safety zone must transit at the 

slowest safe speed and comply with all 

lawful directions issued by the COTP or 

a designated representative. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcast notices to mariners of the 

enforcement period for the temporary 

safety zone as well as any changes in the 

planned schedule. 

Dated: September 8, 2017. 

M.B. Zamperini, 

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

Port Sector Ohio Valley. 

[FR Doc. 2017–19399 Filed 9–12–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2017–0304] 

RIN 1625–AA00 

Safety Zone; L4D Optic Ground Wire 

Crossing, St. Clair River, St. Clair, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 2000-foot 

portion of the St. Clair River in the 

vicinity of St. Clair, MI. This zone is 

necessary to protect vessels from 

potential hazards associated with the 

L4D Optic Ground Wire Crossing. 

DATES: This temporary final rule is 

effective from 7 a.m. on September 12, 

2017 through 7 p.m. September 13, 

2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0304 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 temporary 

rule, call or email Tracy Girard, 

Prevention Department, Sector Detroit, 

Coast Guard; telephone 313–568–9564, 

or email Tracy.M.Girard@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 

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 doing 

so would be impracticable. The Coast 

Guard did not receive the final details 

of this project until there was 

insufficient time remaining before the 

event to publish an NPRM. Thus, 

delaying the effective date of this rule to 

wait for a comment period to run would 

be impracticable because it would 

inhibit the Coast Guard’s ability to 

protect participants, mariners and 

vessels from the hazards associated with 

this event. We are issuing this rule 

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 same reason noted above. 

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 Detroit (COTP) has 

determined that potential hazard 

associated with this project will be a 

safety concern to anyone within a 2000- 

foot area of the LD4 Ground Wire. This 

rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while the project is being 

conducted. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7 a.m. on September 12, 2017 

through 7 p.m. on September 13, 2017. 

A safety zone is established to include 

all U.S. navigable waters of the St. Clair 

river, St. Clair, MI, between the 

following two lines from bank-to-the 

U.S./Canadian border: The first line is 

drawn directly across the channel from 

position 42°46.139′ N., 082°28.233′ W. 

(NAD 83); the second line, to the south, 

is drawn directly across the channel 

from position 42°45.799′ N., 082°28.251′ 

W. (NAD 83). This regulated area will be 

enforced during a one hour period of 

time between 7 a.m. through 7 p.m. on 

September 12, 2017. In the event of 

inclement weather the regulated area 

will be enforced during a one hour 

period of time between 7 a.m. through 

7 p.m. on September 13, 2017. No vessel 

or person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. 


sradovich on DSK3GMQ082PROD with RULES
42944 Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Rules and Regulations 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

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 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has not been 

designated a ‘‘significant regulatory 

action,’’ under Executive Order 12866. 

Accordingly, it has not been reviewed 

by the Office of Management and 

Budget. 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-year of the safety zone. 

Recreational vessel traffic will be able to 

safely transit around this safety zone 

with the exception of a one hour time 

frame between 7 a.m. to 7 p.m. during 

which the optic ground wire will cross 

the river on September 12 or 13, 2017. 

Commercial traffic shall not be 

impeded. Moreover, the Coast Guard 

will issue Broadcast Notice to Mariners 

via VHF–FM marine channel 16 about 

the zone and the rule allows 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. 

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 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 36 hours that will prohibit 

entry within 2000-feet of the project 

site. It is categorically excluded under 

section 2.B.2, figure 2–1, paragraph 

34(g) of the 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 record keeping 

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.T09–0304 to read as 

follows: 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Rules and Regulations 42945 

§ 165.T09–0304 Safety Zone; LD4 Optic 

Ground Wire Crossing, St. Clair River; St. 

Clair, MI. 

(a) Location. A safety zone is 

established to include all U.S. navigable 

waters of the St. Clair river, St. Clair, 

MI, between the following two lines 

from bank-to-the U.S./Canadian border: 

The first line is drawn directly across 

the channel from position 42°46.139′ N., 

082°28.233′ W. (NAD 83); the second 

line, to the south, is drawn directly 

across the channel from position 

42°45.799′ N., 082°28.251′ W. (NAD 83). 

(b) Enforcement period. The regulated 

area described in paragraph (a) will be 

enforced during a one hour period of 

time between 7 a.m. through 7 p.m. on 

September 12, 2017. In the event of 

inclement weather the regulated area 

will be enforced during a one hour 

period of time between 7 a.m. through 

7 p.m. on September 13, 2017. 

(c) Regulations. (1) No recreational 

vessel or person may enter, transit 

through, or anchor within the safety 

zone unless authorized by the Captain 

of the Port Detroit, or his on-scene 

representative. 

(2) The safety zone is closed to all 

recreational traffic, except as may be 

permitted by the Captain of the Port 

Detroit or his on-scene representative. 

The safety zone shall not impede the 

safe navigation of commercial vessels. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Detroit is any 

Coast Guard commissioned, warrant or 

petty officer or a Federal, State, or local 

law enforcement officer designated by 

or assisting the Captain of the Port 

Detroit to act on his behalf. 

(4) Vessel operators shall contact the 

Captain of the Port Detroit or his onscene representative to obtain 

permission to enter or operate within 

the safety zone. The Captain of the Port 

Detroit or his on-scene representative 

may be contacted via VHF Channel 16 

or at 313–568–9464. Vessel operators 

given permission to enter or operate in 

the regulated area must comply with all 

directions given to them by the Captain 

of the Port Detroit or his on-scene 

representative. 

Dated: September 7, 2017. 

Jeffrey W. Novak, 

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

Port, Detroit. 

[FR Doc. 2017–19404 Filed 9–12–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2017–0672] 

Safety Zone; Allegheny River miles 

0.0–0.25, Ohio River mile 0.0–0.1, 

Monongahela River mile 0.0–0.1; 

Pittsburgh, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the subject safety zone for the Pittsburgh 

Steelers Fireworks on all navigable 

waters of the Allegheny River miles 0.0 

to 0.25, Ohio River mile 0.0 to 0.1, 

Monongahela River mile 0.0 to 0.1, 

extending the entire width of the rivers. 

The zone is needed to protect vessels 

transiting the area and event spectators 

from the hazards associated with the 

barge-based fireworks display. During 

the enforcement period, entry into, 

transiting, or anchoring in the safety 

zone is prohibited to all vessels not 

registered with the sponsor as 

participants or official patrol vessels, 

unless specifically authorized by the 

Captain of the Port Marine Safety Unit 

Pittsburgh (COTP) or a designated 

representative. 

DATES: The regulations in 33 CFR 

165.801 Table 1, Sector Ohio Valley, No. 

57 will be enforced on November 16, 

2017, November 26, 2017, and 

December 10, 2017. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email MST1 

Jennifer Haggins, Marine Safety Unit 

Pittsburgh, U.S. Coast Guard; telephone 

412–221–0807, email 

Jennifer.L.Haggins@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zone for 

the Pittsburgh Steelers fireworks on the 

Allegheny River, Monongahela River 

and Ohio River, listed in 33 CFR 

165.801 Table 1, Sector Ohio Valley, No. 

57 on November 16, 2017, November 26, 

2017, and December 10, 2017. Entry into 

the safety zone is prohibited unless 

authorized by the COTP or a designated 

representative. Persons or vessels 

desiring to enter into or passage through 

the safety zone must request permission 

from the COTP or a designated 

representative. If permission is granted, 

all persons and vessels shall comply 

with the instructions of the COTP or 

designated representative. 

This notice of enforcement is issued 

under authority of 33 CFR 165.801 and 

5 U.S.C. 552 (a). In addition to this 

notice in the Federal Register, the Coast 

Guard will provide the maritime 

community with advance notification of 

this enforcement period via Local 

Notice to Mariners and updates via 

Marine Information Broadcasts. 

Dated: August 28, 2017. 

L. McClain, Jr., 

Commander, U.S. Coast Guard, Captain of 

the Port Marine Safety Unit Pittsburgh. 

[FR Doc. 2017–19436 Filed 9–12–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2017–0251; FRL 9967–49– 

Region 7] 

Approval of Missouri Air Quality 

Implementation Plans; Final Rule; 

Determination of Attainment for the 

2010 1-Hour Primary Sulfur Dioxide 

National Ambient Air Quality Standard; 

Jefferson County Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

determine that the Jefferson County 

nonattainment area, in Missouri, has 

attained the 2010 1-hour primary Sulfur 

Dioxide (SO2) National Ambient Air 

Quality Standard (NAAQS) per the 

EPA’s Clean Data Policy. This 

determination of attainment is based 

upon complete, quality assured, and 

certified ambient air monitoring data 

from the 2014–2016 monitoring period, 

associated dispersion modeling, and 

supplemental emissions inventory 

information, which demonstrate that the 

Jefferson County area attained the 2010 

1-hour primary SO2 NAAQS. 

DATES: This final rule is effective on 

October 13, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2017–0251. 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., 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 


sradovich on DSK3GMQ082PROD with RULES