Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 44061 

The Rule 

This action amends Title 14, Code of 

Federal Regulations (14 CFR) part 71 by 

eliminating the following language from 

the legal description of Class E airspace 

designated as an extension at Lemoore 

NAS (Reeves Field), Lemoore, CA, ‘‘This 

Class E airspace is effective during the 

specific dates and times established in 

advance by a Notice to Airmen. The 

effective date and time will thereafter be 

continuously published in the Airport/ 

Facility Directory’’. This is an 

administrative change and does not 

affect the boundaries, altitudes, or 

operating requirements of the airspace, 

therefore, notice and public procedure 

under 5 U.S.C. 553(b) is unnecessary. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11B, 

Airspace Designations and Reporting 

Points, dated August 3, 2017, effective 

September 15, 2017, is amended as 

follows: 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D or 

Class E Surface Area. 

* * * * * 

AWP CA E4 Lemoore NAS, CA [Amended] 

Lemoore NAS (Reeves Field), CA 

(Lat. 36°19′59′′ N., long. 119°57′08′′ W.) 

Lemoore TACAN 

(Lat. 36°20′39′′ N., long. 119°57′59′′ W.) 

That airspace extending upward from the 

surface within a 5.2-mile radius of Lemoore 

NAS (Reeves Field), and within 1.8 miles 

each side of the Lemoore TACAN 335° and 

357° radials, extending from the 5.2-mile 

radius of Lemoore NAS (Reeves Field) to 7 

miles northwest and north of the TACAN, 

and within 1.8 miles each side of the 

Lemoore TACAN 155° radial, extending from 

the 5.2-mile radius to 7 miles southeast of the 

TACAN. 

Issued in Seattle, Washington, on 

September 14, 2017. 

B.G. Chew, 

Acting Group Manager, Operations Support 

Group, Western Service Center. 

[FR Doc. 2017–20043 Filed 9–20–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2017–0754] 

RIN 1625–AA08 

Special Local Regulation; Frogtown 

Regatta, Maumee River, Toledo, OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation for all navigable waters of the 

Maumee River, Toledo, OH from the 

Martin Luther King Jr. Memorial Bridge 

at Maumee river mile 4.30 to the 

Michael DiSalle Bridge at River mile 

6.73. This regulated area is necessary to 

protect spectators and vessels from 

potential hazards associated with the 

Frogtown Regatta. Entry of vessels or 

persons into this regulated area is 

prohibited unless specifically 

authorized by the Captain of the Port 

Detroit, or a designated representative. 

DATES: This temporary final rule is 

effective from 5 a.m. through 6 p.m. on 

September 23, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0754 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 Ryan Erpelding, 

Prevention Department, MSU Toledo, 

Coast Guard; telephone 419–418–6037, 

or email Ryan.G.Erpelding@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 regatta until there was 

insufficient time remaining before the 

event to publish an NPRM. We must 

establish this area by September 23, 

2017 and lack sufficient time to provide 

a reasonable comment period and then 

consider those comments before issuing 

the rule. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), for the reasons stated 

above, the Coast Guard finds that good 

cause exists for making this temporary 


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44062 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 

rule effective less than 30 days after 

publication in the Federal Register. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1233. The 

Captain of the Port Detroit (COTP) has 

determined that potential hazard 

associated with regatta from 5 a.m. 

through 6 p.m. on September 23, 2017 

will be a safety concern to anyone 

within waters of the Maumee River, 

Toledo, OH from the Martin Luther King 

Jr. Memorial Bridge at river mile 4.30 to 

the Michael DiSalle Bridge at river mile 

6.73. This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the safety zone while the regatta 

occurs. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 5 a.m. through 6 p.m. on 

September 23, 2017. The safety zone 

will encompass all U.S. navigable 

waters of the Maumee River, Toledo, 

OH from the Martin Luther King Jr. 

Memorial Bridge at river mile 4.30 to 

the Michael DiSalle Bridge at river mile 

6.73. No vessel or person will be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

The Coast Guard will patrol the 

regatta area under the direction of the 

Captain of the Port Detroit (COTP), or a 

designated representative. A designated 

representative may be a Coast Guard 

Patrol Commander. Vessels desiring to 

transit the regulated area may do so only 

with prior approval of the COTP or a 

designated representative and when so 

directed by that officer. Vessels will be 

operated at a no wake speed to reduce 

the wake to a minimum, in a manner 

which will not endanger participants in 

the event or any other craft and remain 

vigilant for event participants and safety 

craft. Additionally, vessels must yield 

right-of-way for event participants and 

event safety craft and must follow 

directions given by the COTP or a 

designated representative. The rules 

contained in the above two sentences do 

not apply to participants in the event or 

vessels of the patrol operating in the 

performance of their assigned duties. 

Commercial vessels will have right-ofway over event participants and event 

safety craft. The races will stop for 

oncoming freighter or commercial traffic 

and will resume after the vessel has 

completed its passage through the 

regulated area. COTP or a designated 

representative may direct the anchoring, 

mooring, or movement of any boat or 

vessel within the regatta area. A 

succession of sharp, short signals by 

whistle or horn from vessels patrolling 

the area under the direction of the U.S. 

COTP or a designated representative 

shall serve as a signal to stop. Vessels 

so signaled must stop and comply with 

the orders of the COTP or a designated 

representative. Failure to do so may 

result in expulsion from the area, 

citation for failure to comply, or both. 

The COTP or a designated 

representative may establish vessel size 

and speed limitations and operating 

conditions and may restrict vessel 

operation within the regatta area to 

vessels having particular operating 

characteristics. The COTP or a 

designated representative may terminate 

the marine event or the operation of any 

vessel at any time it is deemed 

necessary for the protection of life and 

property. 

Patrol Commander means a Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

COTP to monitor a regatta area, permit 

entry into the regatta area, give legally 

enforceable orders to persons or vessels 

within the regatta area, and take other 

actions authorized by the COTP. The 

Patrol Commander will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Patrol Commander may be 

contacted on Channel 16 (156.8 MHZ) 

by the call sign ‘‘Coast Guard Patrol 

Commander.’’ 

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 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-year of 

the regulated area. Vessel traffic will be 

able to safely transit around this 

regulated area, which will impact a 

small designated area of the Maumee 

River from 5 a.m. through 6 p.m. on 

September 23, 2017. Moreover, the 

Coast Guard will issue Broadcast Notice 

to Mariners via VHF–FM marine 

channel 16 about the regulated area and 

the rule allows vessels to seek 

permission to enter the regulated 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 regulated 

area 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). 


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Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 44063 

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 

significant effect on the human 

environment. This rule involves a 

special local regulation interval lasting 

from 5a.m. through 6 p.m., that will 

prohibit entry within waters of the 

Maumee River, Toledo, OH from the 

Martin Luther King Jr. Memorial Bridge 

at river mile 4.30 to the Michael DiSalle 

Bridge at river mile 6.73. It is 

categorically excluded under section 

2.B.2, figure 2–1, paragraph 34(h) 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 100 

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 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. In § 100.928, effective from 5 a.m. 

through 6 p.m. on September 23, 2017, 

suspend paragraph (b) and add 

paragraph (d) to read as follows: 

§ 100.928 Special Local Regulation; 

Frogtown Regatta, Maumee River, Toledo, 

OH. 

* * * * * 

(d) Enforcement period. The regulated 

area described in paragraph (a) of this 

section will be enforced from 5 a.m. 

through 6 p.m. on September 23, 2017. 

Dated: September 11, 2017. 

Jeffrey W. Novak, 

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

Port Detroit. 

[FR Doc. 2017–19750 Filed 9–20–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100 and 165 

[Docket Number USCG–2016–0998] 

RIN 1625– AA08; AA00 

Special Local Regulations and Safety 

Zones; Recurring Marine Events Held 

in the Coast Guard Sector Northern 

New England Captain of the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is updating 

the special local regulations and 

permanent safety zones in Coast Guard 

Sector Northern New England Captain 

of the Port Zone for annual recurring 

marine events. When enforced, these 

special local regulations and safety 

zones will restrict vessels from portions 

of water areas during certain annually 

recurring events. The special local 

regulations and safety zones are 

intended to expedite public notification 

and ensure the protection of the 

maritime public and event participants 

from the hazards associated with certain 

maritime events. 

DATES: This rule is effective without 

actual notice on September 21, 2017. 

For the purposes of enforcement, actual 

notice will be used from June 26, 2017 

through September 21, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2016– 

0998 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 Chief Marine Science Technician 

Chris Bains, Sector Northern New 

England Waterways Management 

Division, U.S. Coast Guard; telephone 

207–347–5003, email Chris.D.Bains@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

E.O. Executive order 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

NAD 83 North American Datum of 1983 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 


asabaliauskas on DSKBBXCHB2PROD with RULES