47374 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0939] 

RIN 1625–AA00 

Safety Zone; Sector Key West COTP 

Zone Post Storm Recovery, Atlantic 

Ocean, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule; request 

for comments. 

SUMMARY: The Coast Guard has 

established a temporary safety zone for 

certain waters within the Sector Key 

West Captain of the Port (COTP) Zone. 

Vessels are prohibited from entering 

into, anchoring, loitering, or movement 

within a safety zone around salvage or 

pollution removal vessels in the Florida 

Keys. These temporary regulations are 

necessary for the safety of persons, 

vessels, and property due to the large 

volume of debris, sunken vessels and 

salvage operations associated with 

Hurricane Irma. We invite your 

comments on this rulemaking. 

DATES: This rule is effective without 

actual notice from October 12, 2017 

through December 1, 2017. For the 

purposes of enforcement, actual notice 

will be used from October 5, 2017 until 

October 12, 2017. Comments and related 

materials must be received by the Coast 

Guard on or before November 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– 

0939 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 rulemaking, 

call or email Lieutenant Scott Ledee, 

Waterways Management Division Chief, 

Sector Key West, FL, U.S. Coast Guard; 

telephone (305) 292–8768, email 

SKWWaterways@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 

COTP Captain of the Port 

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 

insufficient time remains to publish an 

NPRM and to receive public comments, 

as Hurricane Irma has already caused 

significant damage to vessels and 

property in the Sector Key West COTP 

Zone leaving underwater debris and 

sunken vessels around the Florida Keys. 

The safety zone is necessary to provide 

for the safety of persons, vessels, and 

property from the hazards posed by 

sunken vessels and debris. For those 

reasons, it would be impracticable and 

contrary to the public interest to publish 

an NPRM. 

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. Any delay in the effective date 

of this rule would be contrary to the 

public interest because immediate 

action is needed to respond to the 

potential hazards associated with 

hurricane debris. 

The Coast Guard is soliciting public 

comments on this temporary interim 

rule. Although we need to make this 

interim rule effective starting October 5, 

2017, we will consider public comments 

and may issue a temporary final rule 

that will supersede this interim rule 

based on comments received. 

III. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this rule as 

being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

Web site’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

IV. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

COTP Key West has determined that 

potential hazards associated with 

salvage operations and hurricane debris 

will be a safety concern for persons, 

vessels, and property within the waters 

of the ports mentioned above. This rule 

is necessary to protect persons, vessels, 

and property on the navigable waters 

within the safety zone while cleanup 

efforts are underway. 

V. Discussion of the Rule 

Vessels are prohibited from entering 

into, anchoring, loitering, or movement 

within a safety zone around salvage or 

pollution removal vessels in the Florida 

Keys. These temporary regulations are 

necessary for the safety of persons, 

vessels, and property due to the large 

volume of debris, sunken vessels and 

salvage operations associated with 

Hurricane Irma. 

The COTP Key West will continue to 

evaluate conditions in the waters in the 

vicinity of the Florida Keys and may 

stop enforcing this rule earlier if the 

conditions permit. The Coast Guard will 

provide notification of the safety zone to 

the local maritime community by 

Marine Safety Information Bulletins, 

Broadcast Notice to Mariners, and onscene designated representatives. 

VI. 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. 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 47375 

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 following reasons: The 

safety zone is of a small diameter 

around salvage and pollution recovery 

vessels and wreckage, and the Coast 

Guard will provide notice of the safety 

zones to the local maritime community 

by Marine Safety Information Bulletins, 

Broadcast Notice to Mariners, and 

designated on-scene representatives. 

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 VI.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 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 from which vessels are excluded. 

This rule 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, 160.5; and 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T07–0939 to read as 

follows: 

§ 165.T07–0939 Safety Zone; Sector Key 

West COTP Zone Post Storm Recovery, 

Atlantic Ocean, FL. 

(a) Location. The following area is a 

safety zone: All waters within 100 yards 

of all salvage vessels and pollution 

recovery vessels operating within 1 

nautical mile of land in the Captain of 

the Port (COTP) Key West. 

(b) Definition. As used in this section, 

the term ‘‘designated representative’’ 

includes Coast Guard coxswains, petty 

officers, and other officers operating 

Coast Guard vessels, and Federal, state, 


jstallworth on DSKBBY8HB2PROD with RULES
47376 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

and local officers designated by or 

assisting the COTP Key West in the 

enforcement of the safety zone. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the safety zone unless 

authorized by the COTP Key West or a 

designated representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the safety zone may 

contact the COTP Key West by 

telephone at (305) 292–8727, 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 Key West or a designated 

representative. 

(d) Enforcement period. This rule will 

be enforced from 5 p.m. on October 5, 

2017 through 8 a.m. on December 1, 

2017, unless sooner terminated by the 

COTP Key West. 

Dated: October 5, 2017. 

Jeffrey A. Janszen, 

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

Port Key West. 

[FR Doc. 2017–22040 Filed 10–11–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0356; FRL–9963–19– 

Region 4] 

Air Plan Approval; KY; Miscellaneous 

Source Specific Revisions for 

Jefferson County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Kentucky State 

Implementation Plan (SIP), submitted 

by the Commonwealth of Kentucky, 

through the Kentucky Division for Air 

Quality (KDAQ), on March 21, 2011, 

October 29, 2013, October 28, 2016, and 

March 24, 2017. The revisions were 

submitted by KDAQ on behalf of the 

Louisville Metro Air Pollution Control 

District, which has jurisdiction over 

Jefferson County, Kentucky. The 

revisions include changes to Jefferson 

County Regulations regarding 

Reasonably Available Control 

Technology (RACT) for two major 

sources of nitrogen oxides (NOx) and 

the removal of a volatile organic 

compounds (VOC) bubble rule. 

DATES: This rule will be effective 

November 13, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0356. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not 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. 

FOR FURTHER INFORMATION CONTACT: Joel 

Huey, 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 or Andres 

Febres, 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. Mr. Huey 

can be reached by telephone at (404) 

562–9104 or via electronic mail at 

huey.joel@epa.gov. Mr. Febres can be 

reached by telephone at (404) 562–8966 

or via electronic mail at febresmartinez.andres@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In an August 10, 2017, proposed 

rulemaking, EPA proposed to approve 

changes to the Jefferson County portion 

of the Kentucky SIP that were received 

by EPA on March 21, 2011. 82 FR 

37375. The August 10, 2017, rulemaking 

proposed to approve the March 21, 

2011, SIP revision with modifications 

made through three addition submittals 

received by EPA on October 29, 2013, 

October 28, 2016, and March 24, 2017. 

Approval of Kentucky’s March 21, 2011, 

submission, with the modifications from 

the October 29, 2013, October 28, 2016, 

and March 24, 2017, submissions, 

would: (1) Make several changes to 

Regulation 6.29, Standard of 

Performance for Graphic Arts Facilities 

Using Rotogravure or Flexographic 

Printing; (2) remove Regulation 7.57, 

Standard of Performance for New 

Graphic Arts Facilities Using 

Rotogravure or Flexographic Printing; 

(3) incorporate Amendment 4 to the 

Louisville Medical Steam Plant NOX

RACT Board Order into the Jefferson 

County portion of the Kentucky SIP; (4) 

incorporate Amendment 3 to the Texas 

Gas Transmission NOX RACT Board 

Order into the Jefferson County portion 

of the Kentucky SIP; and (5) remove a 

VOC bubble rule for the General Electric 

plant in Louisville, Kentucky. The 

details of Kentucky’s SIP revisions and 

the rationale for EPA’s action are 

explained in the proposed rulemaking. 

Comments on the proposed rulemaking 

were due on or before September 11, 

2017. EPA did not receive any 

comments on the proposed action, 

adverse or otherwise. 

II. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of Jefferson County’s 

Regulation 6.29, Standard of 

Performance for Graphic Arts Facilities 

Using Rotogravure or Flexographic 

Printing, effective August 21, 2013; 

‘‘Board Order Texas Gas Transmission’’ 

NOX RACT Plan, effective May 18, 2016; 

and ‘‘Board Order Louisville Medical 

Center Steam Plant’’ NOX RACT Plan, 

effective January 18, 2017. EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and/or at the EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion into 

Kentucky’s SIP, have been incorporated 

by reference by EPA into that plan, are 

fully federally-enforceable under 

sections 110 and 113 of the Clean Air 

Act (CAA or Act) as of the effective date 

of the final rulemaking of EPA’s 

approval, and will be incorporated by 

reference by the Director of the Federal 

Register in the next update to the SIP 

compilation.1


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