46132 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations 

Section J36.109 Measurement of Helicopter 

Noise Received on the Ground 

* * * * * 

(d) * * * 

(1) * * * 

(i) The SEL values from each flyover test 

may be directly determined from an 

integrating sound level meter complying with 

the standards of IEC 804 (Incorporated by 

reference, see § 36.6) for a Type 1 instrument 

set at ‘‘slow’’ response. 

(ii) The acoustic signal from the helicopter, 

along with the calibration signals specified 

under paragraph (e) of this section and the 

background noise signal required under 

paragraph (f) of this section, may be recorded 

on a magnetic tape recorder for subsequent 

analysis for an integrating sound level meter 

identified in paragraph (d)(1)(i) of this 

section. The record/playback system 

(including the audio tape) of the tape 

recorder must conform to the requirements 

prescribed in section A36.3.6 of appendix A 

to this part. The tape recorder shall comply 

with the specifications of IEC 561 

(Incorporated by reference, see § 36.6). 

(iii) The characteristics of the complete 

system shall comply with the 

recommendations given in IEC 651 

(Incorporated by reference, see § 36.6) with 

regard to the specifications concerning 

microphone, amplifier, and indicating 

instrument characteristics. 

(iv) The response of the complete system 

to a sensibly plane progressive wave of 

constant amplitude shall lie within the 

tolerance limits specified in Table IV and 

Table V for Type 1 instruments in IEC 651 

for weighting curve ‘‘A’’ over the frequency 

range of 45 Hz to 11500 Hz. 

(2) [Reserved] 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 15. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 1155, 

40103, 40113, 40120, 44101, 44111, 44701, 

44704, 44709, 44711, 44712, 44715, 44716, 

44717, 44722, 46306, 46315, 46316, 46504, 

46506–46507, 47122, 47508, 47528–47531, 

47534, articles 12 and 29 of the Convention 

on International Civil Aviation (61 Stat. 

1180), (126 Stat. 11). 

■ 16. Amend § 91.851 by adding in 

alphabetical order definitions for the 

terms ‘‘Stage 5 airplane’’ and ‘‘Stage 5 

noise level’’ to read as follows: 

§ 91.851 Definitions. 

* * * * * 

Stage 5 airplane means an airplane 

that has been shown not to exceed the 

Stage 5 noise limit prescribed in part 36 

of this chapter. A Stage 5 airplane 

complies with all of the noise operating 

rules of this part. 

Stage 5 noise level means a noise level 

at or below the Stage 5 noise limit 

prescribed in part 36 of this chapter. 

■ 17. Revise § 91.853 to read as follows: 

§ 91.853 Final compliance: Civil subsonic 

airplanes. 

Except as provided in § 91.873, after 

December 31, 1999, no person shall 

operate to or from any airport in the 

contiguous United States any airplane 

subject to § 91.801(c), unless that 

airplane has been shown to comply with 

Stage 3, Stage 4, or Stage 5 noise levels. 

■ 18. Amend § 91.855 by revising 

paragraph (a) to read as follows: 

§ 91.855 Entry and nonaddition rule. 

* * * * * 

(a) The airplane complies with Stage 

3, Stage 4, or Stage 5 noise levels. 

* * * * * 

■ 19. Amend § 91.858 by revising 

paragraph (a)(2) to read as follows: 

§ 91.858 Special flight authorizations for 

non-revenue Stage 2 operations. 

(a) * * * 

(2) Obtain modifications to meet Stage 

3, Stage 4, or Stage 5 noise levels. 

* * * * * 

■ 20. Revise § 91.859 to read as follows: 

§ 91.859 Modification to meet Stage 3, 

Stage 4, or Stage 5 noise levels. 

For an airplane subject to § 91.801(c) 

of this subpart and otherwise prohibited 

from operation to or from an airport in 

the contiguous United States by 

§ 91.855, any person may apply for a 

special flight authorization for that 

airplane to operate in the contiguous 

United States for the purpose of 

obtaining modifications to meet Stage 3, 

Stage 4, or Stage 5 noise levels. 

■ 21. Revise § 91.881 to read as follows: 

§ 91.881 Final compliance: Civil subsonic 

jet airplanes weighing 75,000 pounds or 

less. 

Except as provided in § 91.883, after 

December 31, 2015, a person may not 

operate to or from an airport in the 

contiguous United States a civil 

subsonic jet airplane subject to 

§ 91.801(e) of this subpart that weighs 

less than 75,000 pounds unless that 

airplane has been shown to comply with 

Stage 3, Stage 4, or Stage 5 noise levels. 

■ 22. Amend § 91.883 by revising 

paragraph (a)(3) to read as follows: 

§ 91.883 Special flight authorizations for 

jet airplanes weighing 75,000 pounds or 

less. 

(a) * * * 

(3) To obtain modifications to the 

airplane to meet Stage 3, Stage 4, or 

Stage 5 noise levels. 

* * * * * 

Issued under authority of 49 U.S.C. 106(f), 

44701(a), and 44715 in Washington, DC, on 

September 11, 2017. 

Michael P. Huerta, 

Administrator. 

[FR Doc. 2017–21092 Filed 10–3–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0585] 

RIN 1625–AA00 

Safety Zone; Upper Mississippi River, 

Crystal City, MO 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone for all 

navigable waters on the Upper 

Mississippi River between mile marker 

(MM) 147.5 and MM 148.5. This action 

is necessary to provide for the safety of 

life, vessels and property on these 

navigable waters near Crystal City, MO 

while construction work is completed 

on new power lines extending across 

the river. Entry of vessels or persons 

into this safety zone is prohibited unless 

authorized by the Captain of the Port 

Sector Upper Mississippi River (COTP) 

or a designated representative. 

DATES: This rule is effective from 7:30 

a.m. on October, 17, 2017 through 6:30 

p.m. on November 1, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0585 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 LCDR Sean Peterson, Chief of 

Prevention, U.S. Coast Guard; telephone 

314–269–2332, email Sean.M.Peterson@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Upper 

Mississippi River 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 


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Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations 46133 

II. Background Information and 

Regulatory History 

The Coast Guard preceded this final 

rule with a Notice of Proposed 

Rulemaking (NPRM). The NPRM was 

published in the Federal Register on 

August 9, 2017, (82 FR 37182). There we 

stated why we issued the NPRM, and 

invited comments on our proposed 

regulatory action related to work on 

power lines extending over the Upper 

Mississippi River in Crystal City, MO. 

The NPRM listed dates and times of 

enforcement of the safety zone. During 

the comment period that ended 

September 8, 2017, we received no 

comments. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying this rule would be 

contrary to public interest in ensuring 

the safety of spectators and vessels 

during the power line work because 

immediate action is necessary to 

prevent possible loss of life and 

property. 

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 Sector Upper 

Mississippi River (COTP) has 

determined that potential hazards 

associated with power line work over 

the Upper Mississippi River will cause 

safety concerns. The purpose of this rule 

is to ensure safety of life, vessels and the 

navigable waters in the safety zones, 

before, during, and after the scheduled 

work. 

IV. Discussion of the Comments, 

Changes, and the Rule 

As noted above, during the comment 

period for our NPRM that published 

August 9, 2017, no comments were 

received. 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 7:30 a.m. on October 17, 2017 

through 6:30 p.m. on November 1, 2017. 

The safety zone will be enforced from 

7:30 a.m. through 6:30 p.m. each day. 

The safety zone will cover all navigable 

waters between mile marker (MM) 147.5 

and MM 148.5 on the Upper Mississippi 

River in Crystal City, MO. The duration 

of the zone is intended to ensure the 

safety of vessels and participants on the 

navigable waters before, during, and 

after the power line construction work. 

Entry of vessels or persons into this 

safety zone is prohibited without 

obtaining permission from the COTP or 

a 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-year of the safety zone. This 

final rule establishes a safety zone will 

only be enforced for a period of eleven 

hours on each of sixteen days on one 

mile of navigable waters. Entry into the 

safety zone established through this 

rulemaking may be requested from the 

COTP or a designated representative 

and will be considered on a case-bycase. During the enforcement period, 

vessels are prohibited from entering into 

or remaining within the safety zone 

unless specifically authorized by the 

COTP or other designated 

representative. Additionally, notice of 

the safety zone or any changes in the 

planned schedule will be made via 

Broadcast and Local Notice to Mariners. 

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). 

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 


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46134 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations 

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 lasting for eleven hours on each of 

sixteen days during daylight hours and 

restricts transit on a section of the 

Upper Mississippi River extending one 

mile. 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.T08–0585 to read as 

follows: 

§ 165.T08–0585 Safety Zone; Upper 

Mississippi River, Crystal City, MO. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Upper Mississippi River between mile 

marker (MM) 147.5 and MM 148.5, 

Crystal City, MO. 

(b) Definitions. As used in this 

section, a designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Sector Upper Mississippi River 

(COTP) in the enforcement of the safety 

zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in § 165.23, you 

may not enter the safety zone described 

in paragraph (a) of this section unless 

authorized by the COTP or a designated 

representative. 

(2) To seek permission to enter, 

contact the COTP or a designated 

representative via VHF–FM channel 16, 

or Coast Guard Sector Upper 

Mississippi River by telephone at 314– 

269–2332. Those persons authorized to 

be in the safety zone must comply with 

all lawful orders or directions given to 

them by the COTP or a designated 

representative. 

(d) Effective period. This section will 

be effective from 7:30 a.m. through 6:30 

p.m. on October 17, 2017 through 

November 1, 2017. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcast notices to mariners of the 

enforcement period for the safety zone 

as well as any changes in the dates and 

times of enforcement. 

Dated: September 27, 2017. 

Scott A. Stoermer, 

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

Port Upper Mississippi River. 

[FR Doc. 2017–21256 Filed 10–3–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0321; FRL–9968–72– 

Region 4] 

Air Plan Approval; North Carolina; 

Interstate Transport 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving North 

Carolina’s December 9, 2015, State 

Implementation Plan (SIP) submission 

pertaining to the Clean Air Act’s (CAA 

or Act) ‘‘good neighbor’’ provision for 

the 2008 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS). The good neighbor provision 

requires each state’s SIP to address the 

interstate transport of air pollution in 

amounts that contribute significantly to 

nonattainment, or interfere with 

maintenance, of a NAAQS in any other 

state. EPA concludes that North 

Carolina’s SIP contains adequate 

provisions to prohibit emissions within 

the state from contributing significantly 

to nonattainment or interfering with 

maintenance of the 2008 8-hour ozone 

NAAQS in any other state. 

DATES: This rule will be effective 

November 3, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0321. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be 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 

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. 


sradovich on DSK3GMQ082PROD with RULES