45988 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations 

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 safety 

zone lasting 7 hours per day on two 

consecutive days that prohibits entry 

into a portion of Roanoke River, 

Plymouth, NC. It is categorically 

excluded from further review under 

paragraph 34(g) of Figure 2–1 of 

Commandant Instruction M16475.lD. 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, 

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.T05–0886 to read as 

follows: 

§ 165.T05–0886 Safety Zone, Roanoke 

River Plymouth, NC. 

(a) Location. The following area is a 

safety zone: All navigable from 

approximate positions: Latitude 

35°52′25′′ N., longitude 076°44′33′′ W., 

then northwest to latitude 35°52′29′′ N., 

longitude 076°44′37′′ W., then 

southwest along the shoreline to 

latitude 35°52′00′′ N., longitude 

076°45′31′′ W., then south to latitude 

35°51′56′′ N., longitude 076°45′30′′ W. 

(WGS 84), then northeast along the 

shoreline to the point of origin, on the 

Roanoke River, Plymouth, North 

Carolina. 

(b) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, that includes a Coast 

Guard commissioned, warrant or petty 

officer designated by the Captain of the 

Port North Carolina (COTP) for the 

enforcement of the safety zone. ‘‘Captain 

of the Port’’ means the Commander, 

Coast Guard Sector North Carolina. 

‘‘Participants’’ means persons and 

vessels involved in the high speed boat 

race. 

(c) Regulations. (1) The general 

regulations governing safety zones in 

§ 165.23 apply to the area described in 

paragraph (a) of this section. 

(2) With the exception of participants, 

entry into or remaining in this safety 

zone is prohibited unless authorized by 

the COTP North Carolina or the COTP 

North Carolina’s designated 

representative. All vessels within this 

safety zone when this section becomes 

effective must depart the zone 

immediately. 

(3) To request permission to remain 

in, enter, or transit through the safety 

zone, contact the COTP North Carolina 

or the COTP North Carolina’s 

representative through the Coast Guard 

Sector North Carolina Command Duty 

Officer, Wilmington, North Carolina, at 

telephone number 910–343–3882 or on 

VHF–FM marine band radio channel 13 

(165.65 MHz) or channel 16 (156.8 

MHz). 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the safety zone by 

Federal, State, and local agencies. 

(e) Enforcement period. This section 

will be enforced from 11 a.m. through 

6 p.m. daily on October 7 and October 

8, 2017. 

Dated: September 27, 2017. 

Bion B. Stewart, 

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

Port, North Carolina. 

[FR Doc. 2017–21100 Filed 10–2–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0577] 

RIN 1625–AA11 

Safety Zone, Blue Angels Air Show; St. 

Johns River, Jacksonville, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the waters 

of the St. Johns River in vicinity of 

Naval Air Station (NAS) Jacksonville, 

Florida during the Blue Angels Air 

Show. This rulemaking prohibits 

persons and vessels from being in the 

safety zone unless authorized by the 

Captain of the Port (COTP) Jacksonville 

or a designated representative. 

DATES: This rule is effective from 8 a.m. 

on November 3, 2017 through 5 p.m. on 

November 5, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0577 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations 45989 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Allan Storm, Sector 

Jacksonville, Chief, Waterways 

Management Division, U.S. Coast 

Guard; telephone (904) 714–7616, email 

Allan.H.Storm@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 

On April 25, 2017, NAS Jacksonville 

submitted a marine event application to 

the Coast Guard for the Blue Angels Air 

Show that will take place from 

November 3, 2017 through November 5, 

2017. The air show will consist of 

various flight demonstrations over the 

St. Johns River in vicinity of NAS 

Jacksonville. Over the years, there have 

been unfortunate instances of aircraft 

mishaps that involve crashing during 

performances at various air shows 

around the world. Occasionally, these 

incidents result in a wide area of 

scattered debris in the water that can 

damage property or cause significant 

injury or death to the public observing 

the air shows. The Captain of the Port 

(COTP) Jacksonville has determined that 

a safety zone is necessary to protect the 

general public from hazards associated 

with aerial flight demonstrations. In 

response, on August 1, 2017, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled Safety Zone, 

Blue Angels Air Show; St. Johns River, 

Jacksonville, FL (82 FR 35717). There 

we stated why we issued the NPRM, 

and invited comments on our proposed 

regulatory action related to this air 

show. During the comment period that 

ended August 31, 2017, we received no 

comments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

COTP Jacksonville has determined that 

potential hazards associated with aerial 

flight demonstrations will be a safety 

concern for members of the public 

observing the event from the water. The 

purpose of the rule is to ensure the 

safety of vessels and persons on the 

navigable waters of the St. Johns River 

in vicinity of NAS Jacksonville, Florida. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published 

August 1, 2017. There are no changes in 

the regulatory text of this rule from the 

proposed rule in the NPRM. 

This rule establishes a safety zone, 

from 8 a.m. to 5 p.m. on November 3, 

2017 through November 5, 2017, on the 

waters of the St. Johns River in vicinity 

of NAS Jacksonville, Florida during the 

Blue Angels Air Show. The safety zone 

will encompass all waters within an 

area approximately three quarters of a 

mile parallel to the shoreline, and one 

mile out into the St. Johns River in 

Jacksonville, FL. The duration of the 

zone is intended to ensure the safety of 

the public and these navigable waters 

during the aerial flight demonstrations. 

No vessel or person is permitted to enter 

the safety zone without obtaining 

permission from the COTP or a 

designated representative. The Coast 

Guard will provide notice of the 

regulated area by Local Notice to 

Mariners, Broadcast Notice to Mariners, 

and on-scene designated 

representatives. 

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 would be able to safely 

transit around this safety zone which 

would impact a small designated area of 

the St. Johns River for nine hours on 

each of the three days the air show is 

occurring. 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 received no comments 

from the Small Business Administration 

on this rulemaking. 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). 


jstallworth on DSKBBY8HB2PROD with RULES
45990 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations 

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. 

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 safety 

zone that would prohibit persons and 

vessels from transiting through a one 

square mile regulated area during a 

three day air show lasting nine hours 

daily. 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, 

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.T07–0577 to read as 

follows: 

§ 165.T07–0577 Safety Zone, Blue Angels 

Air Show; St. Johns River, Jacksonville, FL. 

(a) Regulated area. The following area 

is a safety zone located on the St. Johns 

River in Jacksonville, FL. All waters of 

the St. Johns River encompassed within 

an imaginary line connecting the 

following points: Starting at Point 1 in 

position 30°13′41′′ N.; 081°39′45′′ W. 

thence due east to Point 2 in position 

30°13′′41′′ N.; 081°38′35′′ W. thence 

south to Point 3 in position 30°14′27′′ 

N.; 081°38′35′′ W. thence west to Point 

4 in position 30°14′27′′ N.; 081°39′45′′ 

W. thence following the shoreline north 

back to the point of origin. These 

coordinates are based on North 

American Datum 1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Jacksonville in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port Jacksonville or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port 

Jacksonville by telephone at (904) 714– 

7557, or a designated representative via 

VHF–FM radio on channel 16, to 

request authorization. If authorization is 

granted, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Jacksonville or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated area through 

Broadcast Notice to Mariners via VHF– 

FM channel 16 or by on-scene 

designated representatives. 

(d) Enforcement period. This rule will 

be enforced daily from 8 a.m. until 5 

p.m. from November 3, 2017 through 

November 5, 2017. 

Dated: September 28, 2017. 

Todd C. Wiemers, 

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

Port Jacksonville. 

[FR Doc. 2017–21196 Filed 10–2–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2016–0207; FRL–9966–84] 

RIN 2070–AB27 

Significant New Use Rule on Certain 

Chemical Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing a significant 

new use rule (SNUR) under section 

5(a)(2) of the Toxic Substances Control 

Act (TSCA) for the chemical substance 

identified generically as bimodal 

mixture consisting of multi-walled 

carbon nanotubes and other classes of 

carbon nanotubes, which was the 

subject of premanufacture notice (PMN) 

P–11–482. This action requires persons 

who intend to manufacture (defined by 

statute to include import) or process the 

chemical substance for a use that is 

designated as a significant new use by 

this final rule to notify EPA at least 90 

days before commencing that activity. 

The required notification initiates EPA’s 

evaluation of the intended use within 

the applicable review period. 

Manufacture and processing for the 

significant new use is unable to 

commence until EPA has conducted a 


jstallworth on DSKBBY8HB2PROD with RULES