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 


pmangrum on DSK3GDR082PROD with RULES
49114 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations 

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 Corps certifies under 5 U.S.C. 

605(b) that this rule would not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels that intend to transit the danger 

zone may be small entities, for the 

reasons stated in paragraph (a) above 

this rule would not have a significant 

economic impact on any vessel owner 

or operator. In addition, the danger zone 

is necessary to protect public safety 

during training exercises. Small entities 

can utilize navigable waters outside of 

the danger zone when the danger zone 

is activated. Small entities may also 

transit the danger zone when it is 

activated, as long as they obtain 

permission from the Commanding 

Officer, Naval Construction Battalion 

Center, Gulfport or his/her designees. 

After considering the economic impacts 

of this danger zone regulation on small 

entities, I certify that this action will not 

have a significant impact on a 

substantial number of small entities. 

c. Review Under the National 

Environmental Policy Act 

An environmental assessment (EA) 

has been prepared. We have concluded 

that the establishment of the restricted 

area will not have a significant impact 

to the quality of the human environment 

and, therefore, preparation of an 

environmental impact statement is not 

required. The final EA and Finding of 

No Significant Impact may be reviewed 

at the District Office listed at the end of 

the FOR FURTHER INFORMATION CONTACT

section, above. 

d. Unfunded Mandates Reform Act 

This rule does not impose an 

enforceable duty among the private 

sector and, therefore, is not a Federal 

private sector mandate and is not 

subject to the requirements of Section 

202 or 205 of the Unfunded Mandates 

Reform Act (Public Laws 104–4, 109 

Stat. 48, 2 U.S.C. 1501 et seq.). We have 

also found, under Section 203 of the 

Act, that small governments will not be 

significantly or uniquely affected by this 

rule. 

List of Subjects in 33 CFR Part 334 

Danger zones, Marine safety, 

Navigation (water), Restricted areas, 

Waterways. 

For the reasons stated in the 

preamble, the Corps is amending 33 

CFR part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

■ 1. The authority citation for 33 CFR 

part 334 continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

■ 2. Add § 334.784 to read as follows: 

§ 334.784 East Pearl River, within the 

acoustic buffer area of the John C. Stennis 

Space Center, and adjacent to lands, in 

Hancock County, Mississippi; danger zone. 

(a) The area. A danger zone is 

established in and to the extent of 

waters of the United States, as defined 

in 33 CFR part 329, in the following 

reaches of the East Pearl River south of 

a point located at latitude 30.4030° N., 

longitude ¥89.6815° W., to a point 

below the confluence of Mikes River, 

located at latitude 30.3561° N., 

longitude ¥89.6514° W. The datum for 

these coordinates is NAD 1983. 

(b) The regulation. (1) No person, 

vessel, or other watercraft, other than a 

vessel owned and operated by the 

United States, shall enter or remain in 

the danger zone, or within a portion or 

portions thereof, when closed to public 

access, as provided in paragraph (b)(2) 

of this section, except by permission of 

the Commanding Officer, Naval 

Construction Battalion Center, Gulfport 

or such other person(s) as he or she may 

designate. 

(2) The danger zone, or a portion or 

portions thereof, will be closed, for 

riverine, weapons, or other dangerous 

naval training, by placement of 

Government picket boats at the northern 

and southern boundaries in the East 

Pearl River, or at such other location(s) 

within the danger zone as may be 

determined to be sufficient to protect 

the public. Prior to closure, picket boats 

will transit the area(s) to be closed, to 

ensure that no persons, vessels, or other 

watercraft are present. Once the danger 

zone, or location(s) within the danger 

zone, has been cleared, picket boats will 

remain in position, upstream and 

downstream, until it is safe to re-open 

the area(s) to public access. 

(3) Riverine, weapons, and other 

dangerous naval training may occur on 

any day of the week, typically, but not 

exclusively, in periods of two to eight 

hours, between 6 a.m. and 6 p.m. 

Training may occur at night, in 

darkness. 

(c) Enforcement. The restrictions on 

public access in this section shall be 

enforced by the Commanding Officer, 

Naval Construction Battalion Center, 

Gulfport or by such other person(s) as 

he or she may designate. 

Dated: October 18, 2017. 

Thomas P. Smith, 

Chief, Operations and Regulatory Division, 

Directorate of Civil Works. 

[FR Doc. 2017–23004 Filed 10–23–17; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 668, 674, 682, and 685 

[Docket ID ED–2017–OPE–0108] 

RIN 1840–AD25 

Student Assistance General 

Provisions, Federal Perkins Loan 

Program, Federal Family Education 

Loan Program, William D. Ford Federal 

Direct Loan Program, and Teacher 

Education Assistance for College and 

Higher Education Grant Program 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Interim final rule; delay of 

effective date; request for comments. 

SUMMARY: Consistent with section 

553(b)(3)(B) and (d)(3) of the 

Administrative Procedure Act (APA), 

which allows Federal agencies to 

promulgate rules without advance 

notice and opportunity for comment for 

good cause, the Secretary issues this 

interim final rule with request for 

comment. This interim final rule delays 

until July 1, 2018, the effective date of 

selected provisions of the final 

regulations entitled Student Assistance 

General Provisions, Federal Perkins 

Loan Program, Federal Family 

Education Loan (FFEL) Program, 

William D. Ford Federal Direct Loan 

Program, and Teacher Education 

Assistance for College and Higher 

Education Grant Program (the final 

regulations), published in the Federal 

Register on November 1, 2016. The 

provisions this interim final rule delays 

are listed in the SUPPLEMENTARY

INFORMATION section of this document. 

The original effective date of the final 

regulations was July 1, 2017. 

DATES: Effective date: As of October 24, 

2017, the effective date for the 

amendments to or additions of: 

§§ 668.14(b)(30), (31), and (32); 

668.41(h) and (i); 668.71(c); 668.90(a)(3); 

668.93(h), (i), (j); 668.171; 668.175 (c) 

and (d) and (f) and (h); Appendix C to 

Subpart L of Part 668; 674.33(g)(3) and 

(g)(8); 682.202(b)(1); 682.211(i)(7); 

682.402(d)(3), (d)(6)(ii)(B)(1) and (2), 

(d)(6)(ii)(F) introductory text, 

(d)(6)(ii)(F)(5), (d)(6)(ii)(G), (d)(6)(ii)(H) 


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