47620 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 

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 fourteen hours on fourteen 

separate nights that will prohibit entry 

from MM 183.7 to MM 185.1 on the 

UMR from October 8, 2017 to October 

21, 2017. 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.T08–0942 to read as 

follows: 

§ 165.08–0942 Safety Zone; Upper 

Mississippi River, St. Louis, MO. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Upper Mississippi River between mile 

marker (MM) 183.7 to MM 185.1, St. 

Louis, MO. 

(b) Definitions. As used in this 

section, 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 of 

this part, 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 the COTP’s 

representative via VHF–FM channel 16, 

or through Coast Guard Sector Upper 

Mississippi River by telephone at 314– 

269–2332. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

a designated representative. 

(d) Enforcement period. This section 

will be enforced from 5 p.m. on October 

8, 2017, through 7 a.m. on October 21, 

2017. It will be enforced daily from 5 

p.m. through 7 a.m. 

(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: October 6, 2017. 

Scott A. Stoermer, 

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

Port Sector Upper Mississippi River. 

[FR Doc. 2017–22168 Filed 10–12–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0947] 

RIN 1625–AA00 

Safety Zone, Delaware River; Dredging 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary safety zones in 

portions of New Castle Range and 

Cherry Island Range on the Delaware 

River as well as the Christina River in 

order to facilitate the annual 

maintenance dredging of the Federal 

Navigation Channel. The safety zones 

will be established for the waters in the 

vicinity of the dredge, dredge 

equipment, and associated pipeline. 

This regulation is necessary to provide 

for the safety of life on navigable waters 

of the Delaware River and the Christina 

River in the vicinity of dredging activity 

and is intended to protect mariners from 

the hazards associated with pipe-laying 

and dredging operations. 

DATES: This rule is effective without 

actual notice from October 13, 2017 

through January 10, 2018. For the 

purposes of enforcement, actual notice 

will be used from October 6, 2017, 

through October 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– 

0947 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 Petty Officer Edmund Ofalt, 

Waterways Management Branch, U.S. 

Coast Guard Sector Delaware Bay; 

telephone (215) 271–4814, email 

Edmund.J.Ofalt@uscg.mil. 

SUPPLEMENTARY INFORMATION: 


nlaroche on DSK9F9SC42PROD with RULES
Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 47621 

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 Sector 

Delaware Bay received the final details 

of the project on October 2, 2017 and 

dredging operations are scheduled to 

commence on October 6, 2017. It is 

impracticable and contrary to the public 

interest to publish an NPRM to provide 

a notice and opportunity for comment 

period because we must establish these 

safety zones by October 6, 2017, to 

ensure the safety of life on navigable 

waters in the vicinity of dredging 

activity and protect mariners from the 

hazards associated with pipe-laying and 

dredging operations. Specific risks to 

safety include submerged and floating 

pipeline, dredge booster assemblies and 

the dredge itself which may be placed 

within or in close proximity to the 

navigational channel and Pea Patch 

Island Anchorage 5 on the Delaware 

River. 

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 the effective date of 

this rule would be impracticable and 

contrary to the public interest because 

immediate action is needed to mitigate 

the hazards presented to safety of life on 

the Delaware and Christina Rivers by 

the presence of dredge equipment and 

dredging operations. 

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 (COTP) Delaware 

Bay has determined that potential 

hazards associated with dredging and 

pipe laying operations beginning on 

October 6, 2017, will be a safety concern 

for vessels attempting to transit the 

Delaware River, along New Castle 

Range, Cherry Island Range, and the 

Christina River. This rule is needed to 

protect personnel, vessels, and the 

marine environment on the navigable 

waters within the safety zones while 

dredging is being conducted. 

IV. Discussion of the Rule 

This rule establishes safety zones on 

portions of the Delaware River and 

Christina River from October 6, 2017, 

through January 10, 2018, unless 

cancelled earlier by the COTP, to 

facilitate maintenance dredging being 

conducted in New Castle Range, Cherry 

Island Range and the Christina River. 

Maintenance dredging in the channel 

will be conducted with the cutter 

suction dredge ILLINOIS and associated 

pipeline. The pipeline will be a 

combination of floating hoses 

immediately behind the dredge 

connected to a submerged pipeline 

leading to upland disposal areas. Due to 

the hazards related to cutter suction 

dredging, the associated pipeline, and 

the location of the submerged pipeline, 

safety zones will be established in the 

following areas: 

(1) Safety zone 1 includes all waters 

within 150 yards of the dredge and all 

related dredge equipment. Entry into or 

transiting within safety zone 1 is 

prohibited unless vessels obtain 

permission from the Captain of the Port, 

via VHF–FM channel 16, or make 

satisfactory passing arrangements, via 

VHF–FM channels 07 or 13, with the 

dredge ILLINOIS per this section and 

the Rules of the Road (33 CFR 

subchapter E). The safety zone will be 

established for the duration of the 

maintenance project. Vessels requesting 

to transit shall contact the dredge 

ILLINOIS on VHF channel 07 or 13, at 

least 1 hour, as well as 30 minutes, prior 

to arrival. 

(2) Safety zone 2 includes all the 

waters of Pea Patch Island Anchorage 

No. 5 found in 33 CFR 110.157(a)(6), 

where submerged pipeline(s) will be 

located which poses a risk to anchored 

vessels. The safety zone will be in place 

only during the time in which the 

dredge ILLINOIS is conducting dredging 

operations in New Castle Range. Vessels 

requesting to anchor in Pea Patch Island 

Anchorage No. 5, during the 

enforcement of safety zone 2, are 

required to obtain permission from the 

COTP prior to entry into the anchorage. 

The COTP will terminate each safety 

zone individually once all submerged 

pipeline has been recovered and 

dredging operations are completed in 

each range respectively. Notice of the 

termination of each safety zone will be 

made in accordance with 33 CFR 165.7. 

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, and 

duration of the safety zones. Although 

this regulation will restrict access to 

regulated areas, the effect of this rule 

will not be significant because there are 

a number of alternate anchorages 

available. Furthermore, vessels may be 

permitted to transit through the safety 

zone with the permission of the COTP 

or make satisfactory passing 

arrangements with the dredge ILLINOIS 

in accordance with this rule and the 

Rules of the Road (33 CFR subchapter 

E). Extensive notification of the safety 

zones to the maritime public will be 

made via maritime advisories allowing 

mariners to alter their plans 

accordingly. 

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 


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47622 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 

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 (Public Law 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 

significant effect on the human 

environment. This rule involves safety 

zones that encompass all navigable 

waters within 150 yards of a dredge, 

dredging pipeline and all dredge related 

equipment. 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.T05–0947, to read as 

follows: 

§ 165.T05–0947 Safety Zones, Delaware 

River; Dredging. 

(a) Location. The following areas are 

safety zones: 

(1) Safety zone 1. Safety zone 1 

includes all navigable waters within 150 

yards of the dredge ILLINOIS and all 

related dredge equipment. 

(2) Safety zone Safety zone 2 includes 

all the waters of Pea Patch Island 

Anchorage No. 5 found in 33 CFR 

110.157(a)(6), where submerged 

pipeline will be located causing a 

hazard to anchoring vessels. 

(b) Definitions—(1) Captain of the 

Port means the Commander Sector 

Delaware Bay or any Coast Guard 

commissioned, warrant, or petty officer 

who has been authorized by the Captain 

of the Port to act on his behalf. 

(2) Designated representative means 

any Coast Guard commissioned, warrant 

or petty officer who has been authorized 

by the Captain of the Port, Delaware 

Bay, to assist with the enforcement of 

safety zones described in paragraph (a) 

of this section. 

(c) Regulations. The general safety 

zone regulations found in 33 CFR part 

165 subpart C apply to the safety zones 

created by this section. 

(1) Entry into or transiting within 

safety zone 1 is prohibited unless 

vessels obtain permission from the 

Captain of the Port, via VHF–FM 

channel 16, or make satisfactory passing 

arrangements, via VHF–FM channels 07 

or 13, with the dredge ILLINOIS per this 

section and the Rules of the Road (33 

CFR subchapter E). Vessels requesting to 

transit shall contact the dredge 

ILLINOIS on VHF–FM channel 07 or 13, 

at least 1 hour, as well as 30 minutes, 

prior to arrival. 

(2) Entry into, transiting, or anchoring 

within safety zone 2 is prohibited unless 

vessels obtain permission from the 

Captain of the Port via VHF–FM 

channel 16. 

(3) Vessels granted permission to 

enter and transit through the safety 

zone(s) must do so in accordance with 

any directions or orders of the Captain 

of the Port, his designated 

representative, or the dredge ILLINOIS 

as appropriate. No person or vessel may 

enter or remain in a safety zone without 

permission from the Captain of the Port 

or the dredge ILLINOIS as applicable. 

(4) At least one side of the main 

navigational channel will be kept clear 

for safe passage of vessels in the vicinity 


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Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 47623 

of safety zone 1. At no time will the 

main navigational channel be closed to 

vessel traffic. 

(5) This section applies to all vessels 

that intend to transit through either 

safety zone except vessels that are 

engaged in the following operations: 

enforcement of laws; service of aids to 

navigation, and emergency response. 

(d) Enforcement period. This section 

is enforced from October 6, 2017, 

through January 10, 2018. 

(1) Zone 1. Zone 1 will be enforced at 

all times during which the dredge 

ILLINOIS is conducting dredging 

operations in New Castle Range, Cherry 

Island Range, and the Christina River. 

(2) Zone 2. Zone 2 will be enforced 

only during those times that dredge 

ILLINOIS is conducting dredging 

operations in New Castle Range. 

(3) Notifications. The Captain of the 

Port will notify the maritime 

community of specific times and 

locations during which these safety 

zones will be enforced by providing 

advance notice via marine safety 

information bulletins, broadcast notice 

to mariners and local notice to mariners. 

Dated: October 5, 2017. 

Scott E. Anderson, 

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

Port, Delaware Bay. 

[FR Doc. 2017–21979 Filed 10–12–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0808] 

RIN 1625–AA00 

Safety Zone; Patapsco River, 

Northwest and Inner Harbors; 

Baltimore, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule; 

correction. 

SUMMARY: The Coast Guard is correcting 

a temporary final rule that appeared in 

the Federal Register on October 3, 2017. 

The document issued a temporary safety 

zone for certain waters of the Patapsco 

River, Northwest Harbor and Inner 

Harbor in association with the 

movement of the historic sloop-of-war 

USS CONSTELLATION on October 26, 

2017 (rain date of October 27, 2017). 

DATES: This correction is effective from 

8 a.m. on October 26, 2017, through 1 

p.m. on October 27, 2017. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Ronald L. Houck, at Sector 

Maryland-National Capital Region, 

Waterways Management Division, U.S. 

Coast Guard; telephone 410–576–2674, 

email Ronald.L.Houck@uscg.mil. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2017–21180 appearing on page 45981 of 

Wednesday, October 3, 2017, the 

following corrections are made: 

§ 165.T05–0808 [Corrected] 

■ 1. On page 45984, in the 1st column, 

in § 165.T05–0808, correct paragraph (e) 

to read as follows: 

‘‘(e) Enforcement period. This section 

will be enforced from 8 a.m. through 1 

p.m. on October 26, 2017, and, if 

necessary due to inclement weather, 

from 8 a.m. through 1 p.m. on October 

27, 2017.’’ 

Dated: October 4, 2017. 

Lonnie P. Harrison, Jr. 

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

Port Maryland-National Capital Region. 

[FR Doc. 2017–21959 Filed 10–12–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 326 

[COE–2017–0008] 

RIN 0710–AA77 

Civil Monetary Penalty Inflation 

Adjustment Rule 

AGENCY: U.S. Army Corps of Engineers, 

Department of Defense 

ACTION: Direct final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is issuing this final 

rule to adjust its civil monetary 

penalties under the Clean Water Act 

(CWA) and the National Fishing 

Enhancement Act to account for 

inflation. This action is mandated by the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended by 

the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Inflation Adjustment Act), which 

requires agencies to adjust the levels of 

civil monetary penalties with an initial 

‘‘catch-up’’ adjustment followed by 

annual adjustments for inflation. The 

Inflation Adjustment Act prescribes a 

formula for adjusting statutory civil 

penalties to reflect inflation, maintain 

the deterrent effect of statutory civil 

penalties, and promote compliance with 

the law. Using the adjustment criteria 

provided in the Inflation Adjustment 

Act for the initial ‘‘catch-up’’ 

adjustment and the December 16, 2016, 

Office of Management and Budget 

Memorandum regarding the 

‘‘Implementation of the 2017 annual 

adjustment pursuant to the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015’’, the 2016 

catch-up adjustment and 2017 annual 

adjustment for inflation will increase 

the Class I civil penalty under Section 

309 of the Clean Water Act to $20,966 

per violation, and the maximum civil 

penalty increases to $52,414. The 

judicial civil penalty under Section 

404(s) of the Clean Water Act increases 

to $52,414 per day for each violation. 

Under the National Fishing 

Enhancement Act, the Class I civil 

penalty increases to $22,957 per 

violation. 

DATES: This rule is effective December 

12, 2017 without further notice, unless 

the Corps receives substantive adverse 

comment by November 13, 2017. If we 

receive such adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this rule will not take effect. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2017–0008, by any of the following 

methods:. 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Email: stacey.m.jensen@

usace.army.mil. Include the docket 

number, COE–2017–0008, in the subject 

line of the message. 

Mail: U.S. Army Corps of Engineers, 

ATTN: CECW–CO (Stacey M. Jensen), 

441 G Street NW., Washington, DC 

20314–1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2017–0008. All 

comments received will be included in 

the public docket without change and 

may be made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the commenter indicates that the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI, or otherwise 

protected, through regulations.gov or 

email. The regulations.gov Web site is 

an anonymous access system, which 

means we will not know your identity 


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