49110 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations 

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 TFR 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 if a 

revised final rule is published. 

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.T01–0890 to read as 

follows: 

§ 165.T01–0890 Regulated Navigation 

Area; Beals Island Bridge Replacement, 

Moosabec Reach, Jonesport, ME. 

(a) Regulated Navigation Area 

boundaries. The following area is a 

Regulated Navigation Area (RNA): All 

navigable waters of the Moosabec Reach 

between Jonesport, ME, and Beals, ME, 

from surface to bottom, within 150- 

yards of the Beals Island Bridge. 

Encompassed by a line connecting the 

following points 44°31′19.8′′ N., 

67°36′44.1′′ W. and then west along the 

shoreline to a point on land at position 

44°31′20.1′′ N., 67°36′57.9′′ W. and then 

north across the channel to a point on 

land at position 44°31′39.1′′ N., 

67°37′01.7′′ W. and then east along the 

shoreline to a point on land at position 

44°31′41.3′′ N., 67°36′48.9′′ W. 

3°10′04.944′′ W. and then south across 

the channel back to the point of origin. 

These coordinates are based on [NAD 

83]. 

(b) Regulations. The general 

regulations contained in 33 CFR 165.13 

apply within the RNA. 

(1) Any vessel transiting through the 

Beals Island Bridge must make a direct 

passage using the main channel under 

the center span. No vessel may stop, 

moor, anchor, or loiter within the RNA 

at any time unless they are working on 

the bridge construction or have received 

prior authorization by the First District 

Commander or the Captain of the Port 

(COTP), Sector Northern New England, 

or his designated representative. 

(2) Movement within this RNA is 

subject to a ‘‘Slow-No Wake’’ speed 

limit. No vessels may produce a wake 

nor attain speeds greater than five (5) 

knots unless a higher minimum speed is 

necessary to maintain bare steerageway. 

(3) No vessel with a beam greater than 

75 feet may transit this area unless they 

receive advance authorization by the 

First District Commander or the Captain 

of the Port (COTP), Sector Northern 

New England. 

(4) There may be times that the First 

District Commander or the COTP finds 

it necessary to close the RNA to vessel 

traffic. Mariners will be advised of all 

closure dates and times via Local Notice 

to Mariners and Broadcast Notice to 

Mariners in advance of closure times. 

During periods of closure, persons and 

vessels may request permission to enter 

and transit the RNA by contacting the 

COTP or the COTP’s on-scene 

representative on VHF–16 or via phone 

at 207–767–0303. 

(5) Any vessels transiting within this 

RNA must comply with all directions 

given to them by the COTP or the 

COTP’s on-scene representative. The 

‘‘on-scene representative’’ of the COTP 

is any Coast Guard commissioned, 

warrant or petty officer who has been 

designated by the COTP to act on the 

COTP’s behalf. The on-scene 

representative may be on a Coast Guard 

vessel; or other designated craft; or on 

shore and communicating with vessels 

via VHF–FM radio or loudhailer. 

Members of the Coast Guard Auxiliary 

may be present to inform vessel 

operators of this regulation. 

(6) All other relevant regulations, 

including but not limited to the Rules of 

the Road, as codified in 33 CFR 

Subchapter E, Inland Navigational 

Rules, remain in effect within this RNA 

and must be strictly followed at all 

times. 

(d) Penalties. Those who violate this 

section are subject to the penalties set 

forth in 33 U.S.C. 1232. 

(e) Enforcement period. This RNA’s 

speed and beam restrictions are 

enforceable 24 hours a day as long as 

this RNA is in place. The Coast Guard 

will enforce waterway closures only 

when necessary to protect people and 

vessels from hazards associated with 

bridge construction. 

(f) Notification. Coast Guard Sector 

Northern New England will give notice 

through the Local Notice to Mariners 

and Broadcast Notice to Mariners 

regarding enforcement of this RNA. 

Coast Guard Sector Northern New 

England will also notify the public to 

the greatest extent possible of any 

period in which the Coast Guard will 

suspend enforcement of this RNA. 

Dated: October 12, 2017. 

S.D. Poulin, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2017–23049 Filed 10–23–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0982] 

RIN 1625–AA00 

Safety Zone; Mamala Bay, Oahu, HI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: On October 10, 2017, the 

fishing vessel PACIFIC PARADISE ran 

aground off of the navigable waters of 

Mamala Bay near Waikiki at Kaimana 

Beach, Oahu, Hawaii. On October 11, 

2017, the Coast Guard established for 

seven days a temporary safety zone 

encompassing all waters extending 500 

yards in all directions around the 

grounded fishing vessel located 

approximately 350 yards southwest of 

Kaimana Beach in position 21°15.69′ N.; 

157°49.49′ W. to assist with vessel 

salvage operations. On October 18, 2017 

the Coast Guard will extend the safety 

zone for two additional weeks while 

salvage operations continue. The 

temporary safety zone currently 

stationary around the grounded vessel 

will become a moving safety zone 

during the salvage and removal 

operation and remain a moving safety 

zone so until the towing operation is 

complete. During salvage and removal 

operations, the zone will continue to 


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Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations 49111 

encompass 500 yards in all directions 

around the vessel at all times. When 

salvage tow operations commence, the 

Coast Guard will provide notice via a 

broadcast notice to mariners. The 

extension of this safety zone and shift to 

a moving safety zone during salvage and 

removal are necessary to protect 

personnel, vessels and the marine 

environment from potential hazards 

associated with ongoing operations to 

remove a grounded vessel in this area. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) Honolulu. 

DATES: This rule is effective without 

actual notice from October 24, 2017 

until 8:00 a.m. on November 1, 2017. 

For the purposes of enforcement, actual 

notice will be used from 8:00 a.m. on 

October 18, 2017, until October 24, 

2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0982 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 Lieutenant Commander John 

Bannon, Waterways Management 

Division, U.S. Coast Guard Sector 

Honolulu at (808) 541–4359 or 

john.e.bannon@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

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 

TFR Temporary final rule 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On October 11, 2017, the Coast Guard 

established a safety zone in the 

navigable waters of Mamala Bay, Oahu, 

HI, due to the October 10, 2017 

grounding of the fishing vessel PACIFIC 

PARADISE. The purpose of the safety 

zone was to protect personnel, vessels 

and the marine environment from the 

hazards associated with the ongoing 

operations to salvage a grounded fishing 

vessel near Waikiki’s Kaimana Beach. 

Ongoing challenges with the salvage 

efforts necessitate a two-week extension 

to the TFR. Once the vessel is removed 

from the reef for final disposition, the 

safety zone shall shift from a stationary 

zone to a moving safety zone. The 500 

yard distance in all directions from the 

vessel shall remain in force at all times 

until the tow operation is complete and 

the zone is terminated. 

The Coast Guard is extending the 

existing TFR safety zone 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 the 

initial estimate to salvage the vessel 

from the grounding was estimated at 

one week or less. Immediate action 

remains needed to respond to the safety 

hazards associated with this fishing 

vessel salvage effort for an estimated 

additional two weeks. Therefore, 

publishing an NPRM is impracticable 

and contrary to public interest. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

pursuant to 33 U.S.C. 1231. On October 

10, 2017, the Coast Guard was informed 

the fishing vessel PACIFIC PARADISE, 

ran aground in Mamala Bay, Oahu, 

Hawaii, near Waikiki’s Kaimana Beach. 

Coast Guard COTP Sector Honolulu 

determined that potential hazards 

associated with the salvage and removal 

operations constituted a safety concern 

for anyone within the designated safety 

zone. This rule is necessary to protect 

personnel, vessels, and the marine 

environment within the navigable 

waters of the safety zone during ongoing 

salvage and removal operations. Salvage 

and removal operations involve 

removing the grounded vessel from a 

reef in high winds and seas; hazards 

include the risk of fire and those 

associated with towing the disabled 

vessel for disposition. 

IV. Discussion of the Rule 

This rule is effective from 8:00 a.m. 

on October 18, 2017 through 8:00 a.m. 

on November 1, 2017, or until salvage 

operations are complete, whichever is 

earlier. If the safety zone is terminated 

prior to 8:00 a.m. on November 1, 2017, 

the Coast Guard will provide notice via 

a broadcast notice to mariners. 

The temporary safety zone 

encompasses all waters extending 500 

yards in all directions around the 

location of ongoing vessel salvage 

operations located 350 yards southwest 

of Kaimana Beach near position: 

21°15.69′ N.; 157°49.49′ W. This zone 

extends from the surface of the water to 

the ocean floor. The safety zone is 

currently stationary around the 

grounded vessel. During the salvage and 

removal process, the safety zone will 

become a moving zone and remain so 

until the salvage towing operation is 

complete. The zone shall continue to 

encompass 500 yards in all directions 

around the fishing vessel and remain so 

until the operation is complete. When 

salvage operations commence, the Coast 

Guard will provide notice via a 

broadcast notice to mariners. The zone 

is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters from potential 

hazards associated with the salvage and 

removal of the fishing vessel. No vessel 

or person will be permitted to enter the 

safety zone absent the express 

authorization of the COTP Honolulu or 

his 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 and 

duration of the safety zone. Vessel 

traffic will be able to safely transit 

around this stationary or moving safety 

zone, including during the salvage tow, 

which would impact only a small 

designated area of the waters off Waikiki 

Beach where vessel traffic is normally 

low and open space exists in the area. 

Moreover, vessels wishing to enter the 

zone may seek permission as set forth 

below. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 


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49112 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations 

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 V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. The safety zone is limited 

in size and duration, and the location of 

the grounded vessel is not in an actively 

used navigable waterway. Once the 

vessel is free from the reef, the tow 

evolution will not impact existing 

waterway users. Furthermore, mariners 

may request to enter the zone by 

contacting the COTP. 

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 extension for duration of two 

additional weeks, providing for an 

overall three week estimated safety zone 

or until the salvage operations is 

suspended. 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.T14–0982 to read as 

follows: 

§ 165.T14–0982 Safety Zone; Mamala Bay, 

Oahu, HI. 

(a) Location. The safety zone is 

located within the COTP Honolulu Zone 

(See 33 CFR 3.70–10) and will 

encompass all navigable waters 

extending 500 yards in all directions 

from the fishing vessel PACIFIC 

PARADISE located approximately 350 

yards southwest of Kaimana Beach, 

grounded at position: 21°15.69′ N.; 

157°49.49′ W. Once the fishing vessel 

PACIFIC PARADISE is towed, the safety 

zone will become a moving safety zone 

and the 500 yards in all directions from 

the vessel will be enforced and 

throughout the moving salvage transit or 

disposal within Mamala Bay, Keehi 

Lagoon, or Honolulu Harbor. This zone 

extends from the surface of the water to 

the ocean floor. 

(b) Enforcement period. This rule is 

effective from 8:00 a.m. on October 18, 

2017 through 8:00 a.m. on November 1, 

2017, or until salvage recovery 

operations are complete, whichever is 

earlier. If the safety zone is terminated 

prior to 8:00 a.m. on November 1, 2017, 

the Coast Guard will provide notice via 

a broadcast notice to mariners. 

(c) Regulations. The general 

regulations governing safety zones 

contained in 33 CFR 165.20, Subpart C, 

apply to the safety zone created by this 

temporary final rule. 


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Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations 49113 

(1) All persons are required to comply 

with the general regulations governing 

safety zones found in 33 CFR part 165. 

(2) Entry into or remaining in this 

zone is prohibited unless expressly 

authorized by the COTP Honolulu or his 

designated representative. 

(3) Persons desiring to transit the 

stationary or moving safety zone 

identified in paragraph (a) of this 

section may contact the COTP at the 

Command Center telephone number 

(808) 842–2600 and (808) 842–2601, fax 

(808) 842–2642 or on VHF channel 16 

(156.8 Mhz) to seek permission to 

transit the zone. If permission is 

granted, all persons and vessels must 

comply with the instructions of the 

COTP Honolulu or his designated 

representative and proceed at the 

minimum speed necessary to maintain a 

safe course while in the zone. 

(4) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the safety zone by Federal, State, and 

local agencies. 

(d) Notice of enforcement. The COTP 

will provide notice of the enforcement 

of the safety zone described in this 

section via verbal broadcasts and 

written notice to mariners and the 

general public. 

(e) Definitions. As used in this 

section, designated representative 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the COTP to assist in 

enforcing the safety zone described in 

paragraph (a) of this section. 

Dated: October 18, 2017. 

M.C. Long, 

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

Port Honolulu. 

[FR Doc. 2017–22992 Filed 10–23–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

[COE–2016–0014] 

United States Navy Danger Zone, East 

Pearl River, Within the Acoustic Buffer 

Area of the John C. Stennis Space 

Center, and Adjacent to Lands, in 

Hancock County, Mississippi 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers published a document in the 

Federal Register on December 14, 2016, 

proposing to revise its regulations to 

establish a danger zone in the East Pearl 

River within the acoustic buffer of 

NASA’s John C. Stennis Space Center 

on the East Pearl River, in Hancock 

County, Mississippi. The Navy 

requested establishment of a danger 

zone on waterways and tributaries of the 

East Pearl River that are used by Naval 

Special Warfare units to conduct 

riverine training exercises. The purpose 

of the danger zone is to ensure public 

safety by restricting access within the 

danger zone during training events. 

DATES: Effective date: November 24, 

2017. 

ADDRESSES: Headquarters, U.S. Army 

Corps of Engineers, Operations and 

Regulatory Community of Practice, 441 

G Street NW., Washington, DC 20314– 

1000. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or by 

email at david.b.olson@usace.army.mil 

or Ms. Kristi Hall, U.S. Army Corps of 

Engineers, Vicksburg District, 

Regulatory Branch, at 601–631–7529 or 

by email at kristi.w.hall@

usace.army.mil. 

SUPPLEMENTARY INFORMATION: Pursuant 

to its authorities under Section 7 of the 

Rivers and Harbors Act of 1917 (40 State 

266; 33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat. 892; 33 U.S.C. 3), the Corps is 

amending restricted area regulations at 

33 CFR part 334 by adding § 334.784 to 

establish a danger zone along the East 

Pearl River. The amendment to this 

regulation will allow the Commanding 

Officer of Naval Construction Battalion 

Center, Gulfport, Mississippi (or his/her 

designee) to restrict passage of persons, 

watercraft, and vessels in the waters 

within the danger zone during 

Department of Defense training for 

conducting coastal and riverine special 

operations in support of global military 

missions. This area is referred to as a 

danger zone due to the use of shortrange training ammunition within 

riverine areas. 

The proposed rule was published in 

the December 14, 2016 edition of the 

Federal Register (81 FR 90292) with the 

docket number COE–2016–0014 and 

one comment was received. The 

commenter requested additional 

information on frequency or likely 

frequency of the utilization of the 

danger zone and suggested the 

description of the danger zone implied 

some portion of the river would be open 

for boat traffic during training exercises. 

The training has been occurring within 

the proposed danger zone since 2004 

and the formal establishment of the 

zone would not increase or decrease the 

frequency of training, change the type of 

training, or expand training. A vessel 

that needs to transit the danger zone 

when it is activated may do so if the 

operator of the vessel obtains 

permission from the Commanding 

Officer, Naval Construction Battalion 

Center, Gulfport or his or her designees. 

Furthermore, the description of the 

danger zone has been modified to omit 

reference to ‘‘left descending bank’’ to 

avoid confusion. 

On December 14, 2016, the Corps’ 

Vicksburg District issued a public notice 

soliciting comments on the proposed 

rule from all known interested parties 

and one comment was received. The 

commenter requested training be 

limited during posted hunting seasons. 

The establishment of the danger zone is 

for the purpose of public safety and to 

preserve current military training vital 

to ensuring combat ready forces, so 

training cannot be limited during posted 

hunting seasons. 

Procedural Requirements 

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. 

The Corps has made a determination 

this rule is not a significant regulatory 

action. This regulatory action 

determination is based on the size, 

duration, and location of the danger 

zone. The danger zone occupies a small 

portion of the waterway and will only 

be activated during naval training 

exercises. A vessel that needs to transit 

the danger zone when it is activated 

may do so if the operator of the vessel 

obtains permission from the 

Commanding Officer, Naval 

Construction Battalion Center, Gulfport 

or his or her designees. 

b. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 


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