81_FR_78723 81 FR 78507 - Special Local Regulation; Saint Andrew Bay; Panama City, FL

81 FR 78507 - Special Local Regulation; Saint Andrew Bay; Panama City, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 216 (November 8, 2016)

Page Range78507-78509
FR Document2016-26961

The Coast Guard is establishing a temporary special local regulation on Saint Andrew Bay extending the entire width of the channel from mile marker 285.0 to mile marker 289.0 on the Gulf Intracoastal Waterway in Panama City, FL. The special local regulation is needed to protect the persons participating in the Boat Parade of Lights marine event. This rulemaking restricts transit into, through and within the regulated area unless specifically authorized by the Captain of the Port Mobile.

Federal Register, Volume 81 Issue 216 (Tuesday, November 8, 2016)
[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)]
[Rules and Regulations]
[Pages 78507-78509]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26961]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0932]
RIN 1625-AA08


Special Local Regulation; Saint Andrew Bay; Panama City, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation on Saint Andrew Bay extending the entire width of the 
channel from mile marker 285.0 to mile marker 289.0 on the Gulf 
Intracoastal Waterway in Panama City, FL. The special local regulation 
is needed to protect the persons participating in the Boat Parade of 
Lights marine event. This rulemaking restricts transit into, through 
and within the regulated area unless specifically authorized by the 
Captain of the Port Mobile.

DATES: This rule is effective from 4 p.m. until 10 p.m. on December 10, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0932 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 LT Fannie L. Wilks, Sector Mobile, Waterways Management 
Division, U.S. Coast Guard; telephone 251-441-5940, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  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 doing so would be impracticable. At 
this time, it would be impracticable to complete the full notice and 
comment process because this special local regulation must be 
established on December 10, 2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Mobile (COTP) has determined that 
potential hazards associated with the regatta event on December 10, 
2016 will be a safety concern for anyone within the area of the Gulf 
Intracoastal Waterway between mile marker 285.0 and mile marker 289.0. 
This rule is needed to protect participants, spectators, and other 
persons and vessels during the regatta on navigable waters.

IV. Discussion of the Rule

    This rule establishes a special local regulation on December 10, 
2016, which will be enforced between the hours of 4 p.m. and 10 p.m. 
The special local regulation takes place on the Gulf Intracoastal 
Waterway between mile marker 285.0 and mile marker 289.0, extending the 
entire width of the navigable channel. A similar special local 
regulation is currently in the Code of Federal Regulations under 33 CFR 
100.801, Table 7, number 15 as occurring ``1 Day; Saturday following 
Thanksgiving.'' However, for the 2016 occurrence, the event sponsors 
changed the date of the event to December 10, 2016. The duration of the 
regulation is intended to protect participants, spectators, and other 
persons and vessels before, during, and after the regatta. No vessel or 
person will be permitted to enter, transit within or through, or exit 
the regulated area without obtaining permission from the COTP or a 
designated representative. Spectator vessels desiring to enter, transit 
through or within, or exit the regulated area may request permission to 
do so from the Patrol Commander. When permitted to transit the area 
vessels must follow restrictions within the regulated area as directed 
by the Coast Guard, and must operate at a minimum safe navigation speed 
in a manner which will not endanger participants in the regulated area 
or any other vessels.

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been

[[Page 78508]]

designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the regulation. The special 
local regulation will take place on a four-mile stretch of navigable 
waterway, during a short duration of four hours on the Gulf 
Intracoastal Waterway from mile marker 285.0 to 289.0 on December 10, 
2016, which is a time of year experiencing lower than normal traffic. 
Moreover, the Coast Guard will issue Broadcast Notices to Mariners via 
VHF-FM marine channel 16 about the regulation so that waterway users 
may plan accordingly for transits during this restriction. The rule 
also allows vessels to seek permission from the COTP Mobile or a 
designated representative to enter the regulated area.

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 
regulated area may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (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 a special local regulation lasting for four hours on the 
Gulf Intracoastal Waterway between mile marker 285.0 and mile marker 
289.0. It is categorically excluded from further review under paragraph 
34(h) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

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 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.35T08-0932 to read as follows:


Sec.  100.35T08-0932   Special Local Regulation; Saint Andrew Bay; 
Panama City, FL.

    (a) Regulated area. All waters of the Gulf Intracoastal Waterway 
between mile marker 285.0 and mile marker 289.0, Panama City, FL.
    (b) Period of enforcement. This rule will be enforced from 4 p.m. 
until 10 p.m. on December 10, 2016.
    (c) Special local regulations. (1) Entry into, transit within or 
through, or exit from this area is prohibited unless authorized by the 
Captain of the Port Mobile (COTP) or the designated Patrol Commander. 
The Coast Guard will

[[Page 78509]]

patrol the regulated area under the direction of a designated Coast 
Guard Patrol Commander. The Patrol Commander may be contacted on 
Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
    (2) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the Captain of the Port (COTP) Mobile to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the Patrol Commander and when so 
directed by that officer will be operated at a minimum safe navigation 
speed in a manner which will not endanger participants in the regulated 
area or any other vessels.
    (4) No spectator vessel shall anchor, block, loiter, or impede the 
through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times, unless cleared for 
entry by or through an official patrol vessel.
    (5) The patrol commander may forbid and control the movement of all 
vessels in the regulated area. When hailed or signaled by an official 
patrol vessel, a vessel shall come to an immediate stop and comply with 
the directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (6) Any spectator vessel may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the event. Such mooring must be complete at least 30 minutes prior to 
the establishment of the regulated area and remain moored through the 
duration of the event.
    (7) The Patrol Commander may terminate the event or the operation 
of any vessel at any time it is deemed necessary for the protection of 
life or property.
    (8) The Patrol Commander will terminate enforcement of the special 
local regulations at the conclusion of the event.
    (d) Informational broadcasts. The COTP Mobile or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the regulated area as well as 
any changes in the date and times of enforcement.

    Dated: October 14, 2016.
J.H. Snowden,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2016-26961 Filed 11-7-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                            Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Rules and Regulations                                       78507

                                           introductory text add a new sentence                    channel from mile marker 285.0 to mile                December 10, 2016 will be a safety
                                           after the second sentence; and add                      marker 289.0 on the Gulf Intracoastal                 concern for anyone within the area of
                                           paragraph (i) to read as follows:                       Waterway in Panama City, FL. The                      the Gulf Intracoastal Waterway between
                                                                                                   special local regulation is needed to                 mile marker 285.0 and mile marker
                                           § 10.35   Administrative stay of action.                protect the persons participating in the              289.0. This rule is needed to protect
                                           *      *     *     *     *                              Boat Parade of Lights marine event. This              participants, spectators, and other
                                              (b) * * * A request for stay must be                 rulemaking restricts transit into, through            persons and vessels during the regatta
                                           submitted in accordance with § 10.20                    and within the regulated area unless                  on navigable waters.
                                           and in the following form (except that                  specifically authorized by the Captain of
                                           a request for stay subject to § 10.31 must                                                                    IV. Discussion of the Rule
                                                                                                   the Port Mobile.
                                           also include the certification provided                 DATES: This rule is effective from 4 p.m.                This rule establishes a special local
                                           in § 10.31(c)) no later than 30 days after              until 10 p.m. on December 10, 2016.                   regulation on December 10, 2016, which
                                           the date of the decision involved. * * *                ADDRESSES: To view documents
                                                                                                                                                         will be enforced between the hours of 4
                                           *      *     *     *     *                              mentioned in this preamble as being                   p.m. and 10 p.m. The special local
                                              (e) * * * If, at any time, the                       available in the docket, go to http://                regulation takes place on the Gulf
                                           Commissioner determines that changes                    www.regulations.gov, type USCG–2016–                  Intracoastal Waterway between mile
                                           in law, facts, or circumstances since the               0932 in the ‘‘SEARCH’’ box and click                  marker 285.0 and mile marker 289.0,
                                           date on which the petition was                          ‘‘SEARCH.’’ Click on Open Docket                      extending the entire width of the
                                           submitted have rendered the petition                    Folder on the line associated with this               navigable channel. A similar special
                                           moot, the Commissioner may dismiss                      rule.                                                 local regulation is currently in the Code
                                           the petition. * * *                                                                                           of Federal Regulations under 33 CFR
                                                                                                   FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                         100.801, Table 7, number 15 as
                                           *      *     *     *     *                              you have questions on this rule, call or              occurring ‘‘1 Day; Saturday following
                                              (i) A petitioner may supplement,                     email LT Fannie L. Wilks, Sector                      Thanksgiving.’’ However, for the 2016
                                           amend, or withdraw a petition for stay                  Mobile, Waterways Management                          occurrence, the event sponsors changed
                                           of action in writing without Agency                     Division, U.S. Coast Guard; telephone                 the date of the event to December 10,
                                           approval and without prejudice to                       251–441–5940, email Fannie.L.Wilks@
                                                                                                                                                         2016. The duration of the regulation is
                                           resubmission at any time until the                      uscg.mil.
                                                                                                                                                         intended to protect participants,
                                           Commissioner rules on the petition,                     SUPPLEMENTARY INFORMATION:                            spectators, and other persons and
                                           provided the resubmission is made in                                                                          vessels before, during, and after the
                                           accordance with paragraph (b) of this                   I. Table of Abbreviations
                                                                                                                                                         regatta. No vessel or person will be
                                           section, unless the petition for stay of                CFR Code of Federal Regulations                       permitted to enter, transit within or
                                           action has been referred for a hearing                  DHS Department of Homeland Security                   through, or exit the regulated area
                                           under parts 12, 13, 14, or 15 of this                   FR Federal Register
                                                                                                   NPRM Notice of proposed rulemaking                    without obtaining permission from the
                                           chapter. After a ruling or referral, a                                                                        COTP or a designated representative.
                                           petition for stay of action may be                      PATCOM Patrol Commander
                                                                                                   § Section                                             Spectator vessels desiring to enter,
                                           supplemented, amended, or withdrawn                     U.S.C. United States Code                             transit through or within, or exit the
                                           only with the approval of the                                                                                 regulated area may request permission
                                           Commissioner. The Commissioner may                      II. Background Information and
                                                                                                                                                         to do so from the Patrol Commander.
                                           approve withdrawal with or without                      Regulatory History
                                                                                                                                                         When permitted to transit the area
                                           prejudice against resubmission of the                      The Coast Guard is issuing this                    vessels must follow restrictions within
                                           petition for stay of action.                            temporary rule without prior notice and               the regulated area as directed by the
                                             Dated: November 2, 2016.                              opportunity to comment pursuant to                    Coast Guard, and must operate at a
                                           Leslie Kux,                                             authority under section 4(a) of the                   minimum safe navigation speed in a
                                           Associate Commissioner for Policy.                      Administrative Procedure Act (APA) (5                 manner which will not endanger
                                           [FR Doc. 2016–26912 Filed 11–7–16; 8:45 am]
                                                                                                   U.S.C. 553(b)). This provision                        participants in the regulated area or any
                                                                                                   authorizes an agency to issue a rule                  other vessels.
                                           BILLING CODE 4164–01–P
                                                                                                   without prior notice and opportunity to
                                                                                                   comment when the agency for good                      V. Regulatory Analyses
                                                                                                   cause finds that those procedures are                   We developed this rule after
                                           DEPARTMENT OF HOMELAND                                  ‘‘impracticable, unnecessary, or contrary             considering numerous statutes and
                                           SECURITY                                                to the public interest.’’ Under 5 U.S.C.              Executive orders related to rulemaking.
                                                                                                   553(b)(B), the Coast Guard finds that                 Below we summarize our analyses
                                           Coast Guard
                                                                                                   good cause exists for not publishing a                based on a number of these statutes and
                                                                                                   notice of proposed rulemaking (NPRM)                  Executive orders, and we discuss First
                                           33 CFR Part 100
                                                                                                   with respect to this rule because doing               Amendment rights of protestors.
                                           [Docket Number USCG–2016–0932]                          so would be impracticable. At this time,
                                                                                                                                                         A. Regulatory Planning and Review
                                                                                                   it would be impracticable to complete
                                           RIN 1625–AA08                                                                                                    Executive Orders 12866 and 13563
                                                                                                   the full notice and comment process
                                                                                                   because this special local regulation                 direct agencies to assess the costs and
                                           Special Local Regulation; Saint
                                                                                                   must be established on December 10,                   benefits of available regulatory
                                           Andrew Bay; Panama City, FL
                                                                                                   2016.                                                 alternatives and, if regulation is
                                           AGENCY:    Coast Guard, DHS.                                                                                  necessary, to select regulatory
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                                                                                                   III. Legal Authority and Need for Rule                approaches that maximize net benefits.
                                           ACTION:   Temporary final rule.
                                                                                                      The Coast Guard is issuing this rule               Executive Order 13563 emphasizes the
                                           SUMMARY:   The Coast Guard is                           under authority in 33 U.S.C. 1233. The                importance of quantifying both costs
                                           establishing a temporary special local                  Captain of the Port Mobile (COTP) has                 and benefits, of reducing costs, of
                                           regulation on Saint Andrew Bay                          determined that potential hazards                     harmonizing rules, and of promoting
                                           extending the entire width of the                       associated with the regatta event on                  flexibility. This rule has not been


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                                           78508            Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Rules and Regulations

                                           designated a ‘‘significant regulatory                   Ombudsman evaluates these actions                     which guide the Coast Guard in
                                           action,’’ under Executive Order 12866.                  annually and rates each agency’s                      complying with the National
                                           Accordingly, it has not been reviewed                   responsiveness to small business. If you              Environmental Policy Act of 1969(42
                                           by the Office of Management and                         wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                           Budget.                                                 employees of the Coast Guard, call 1–                 determined that this action is one of a
                                              This regulatory action determination                 888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                           is based on the size, location, duration,               Coast Guard will not retaliate against                individually or cumulatively have a
                                           and time-of-year of the regulation. The                 small entities that question or complain              significant effect on the human
                                           special local regulation will take place                about this rule or any policy or action               environment. This rule involves a
                                           on a four-mile stretch of navigable                     of the Coast Guard.                                   special local regulation lasting for four
                                           waterway, during a short duration of                                                                          hours on the Gulf Intracoastal Waterway
                                           four hours on the Gulf Intracoastal                     C. Collection of Information
                                                                                                                                                         between mile marker 285.0 and mile
                                           Waterway from mile marker 285.0 to                        This rule will not call for a new                   marker 289.0. It is categorically
                                           289.0 on December 10, 2016, which is                    collection of information under the                   excluded from further review under
                                           a time of year experiencing lower than                  Paperwork Reduction Act of 1995 (44                   paragraph 34(h) of Figure 2–1 of the
                                           normal traffic. Moreover, the Coast                     U.S.C. 3501–3520).                                    Commandant Instruction. An
                                           Guard will issue Broadcast Notices to                                                                         environmental analysis checklist
                                           Mariners via VHF–FM marine channel                      D. Federalism and Indian Tribal
                                                                                                   Governments                                           supporting this determination and a
                                           16 about the regulation so that waterway                                                                      Categorical Exclusion Determination are
                                           users may plan accordingly for transits                    A rule has implications for federalism             available in the docket where indicated
                                           during this restriction. The rule also                  under Executive Order 13132,                          under ADDRESSES. We seek any
                                           allows vessels to seek permission from                  Federalism, if it has a substantial direct            comments or information that may lead
                                           the COTP Mobile or a designated                         effect on the States, on the relationship             to the discovery of a significant
                                           representative to enter the regulated                   between the national government and                   environmental impact from this rule.
                                           area.                                                   the States, or on the distribution of
                                                                                                   power and responsibilities among the                  G. Protest Activities
                                           B. Impact on Small Entities
                                                                                                   various levels of government. We have                   The Coast Guard respects the First
                                              The Regulatory Flexibility Act of                    analyzed this rule under that Order and               Amendment rights of protesters.
                                           1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 Protesters are asked to contact the
                                           requires Federal agencies to consider                   with the fundamental federalism                       person listed in the FOR FURTHER
                                           the potential impact of regulations on                  principles and preemption requirements                INFORMATION CONTACT section to
                                           small entities during rulemaking. The                   described in Executive Order 13132.                   coordinate protest activities so that your
                                           term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               message can be received without
                                           businesses, not-for-profit organizations                implications under Executive Order                    jeopardizing the safety or security of
                                           that are independently owned and                        13175, Consultation and Coordination                  people, places or vessels.
                                           operated and are not dominant in their                  with Indian Tribal Governments,
                                           fields, and governmental jurisdictions                  because it does not have a substantial                List of Subjects in 33 CFR Part 100
                                           with populations of less than 50,000.                   direct effect on one or more Indian                     Marine safety, Navigation (water),
                                           The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the               Reporting and recordkeeping
                                           605(b) that this rule will not have a                   Federal Government and Indian tribes,                 requirements, and Waterways.
                                           significant economic impact on a                        or on the distribution of power and                     For the reasons discussed in the
                                           substantial number of small entities.                   responsibilities between the Federal                  preamble, the Coast Guard amends 33
                                              While some owners or operators of                    Government and Indian tribes. If you                  CFR part 100 as follows:
                                           vessels intending to transit the regulated              believe this rule has implications for
                                           area may be small entities, for the                     federalism or Indian tribes, please                   PART 100—SAFETY OF LIFE ON
                                           reasons stated in section V.A above, this               contact the person listed in the FOR                  NAVIGABLE WATERS
                                           rule will not have a significant                        FURTHER INFORMATION CONTACT section
                                           economic impact on any vessel owner                     above.                                                ■ 1. The authority citation for part 100
                                           or operator.                                                                                                  continues to read as follows:
                                              Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                                                                                                                                             Authority: 33 U.S.C. 1233.
                                           Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    ■ 2. Add § 100.35T08–0932 to read as
                                           Fairness Act of 1996 (Public Law 104–                   of 1995 (2 U.S.C. 1531–1538) requires                 follows:
                                           121), we want to assist small entities in               Federal agencies to assess the effects of
                                           understanding this rule. If the rule                    their discretionary regulatory actions. In            § 100.35T08–0932 Special Local
                                           would affect your small business,                       particular, the Act addresses actions                 Regulation; Saint Andrew Bay; Panama
                                           organization, or governmental                           that may result in the expenditure by a               City, FL.
                                           jurisdiction and you have questions                     State, local, or tribal government, in the               (a) Regulated area. All waters of the
                                           concerning its provisions or options for                aggregate, or by the private sector of                Gulf Intracoastal Waterway between
                                           compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              mile marker 285.0 and mile marker
                                           listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                289.0, Panama City, FL.
                                           CONTACT section.                                        will not result in such an expenditure,                  (b) Period of enforcement. This rule
                                              Small businesses may send comments                   we do discuss the effects of this rule                will be enforced from 4 p.m. until 10
                                           on the actions of Federal employees                     elsewhere in this preamble.                           p.m. on December 10, 2016.
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                                           who enforce, or otherwise determine                                                                              (c) Special local regulations. (1) Entry
                                           compliance with, Federal regulations to                 F. Environment                                        into, transit within or through, or exit
                                           the Small Business and Agriculture                        We have analyzed this rule under                    from this area is prohibited unless
                                           Regulatory Enforcement Ombudsman                        Department of Homeland Security                       authorized by the Captain of the Port
                                           and the Regional Small Business                         Management Directive 023–01 and                       Mobile (COTP) or the designated Patrol
                                           Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                     Commander. The Coast Guard will


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                                                            Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Rules and Regulations                                        78509

                                           patrol the regulated area under the                       Dated: October 14, 2016.                            I. General Information
                                           direction of a designated Coast Guard                   J.H. Snowden,
                                                                                                                                                         A. Does this action apply to me?
                                           Patrol Commander. The Patrol                            Captain, U.S. Coast Guard, Captain of the
                                           Commander may be contacted on                           Port Mobile.                                             You may be potentially affected by
                                           Channel 16 VHF–FM (156.8 MHz) by                        [FR Doc. 2016–26961 Filed 11–7–16; 8:45 am]           this action if you are an agricultural
                                           the call sign ‘‘PATCOM’’.                               BILLING CODE 9110–04–P
                                                                                                                                                         producer, food manufacturer, or
                                              (2) All persons and vessels not                                                                            pesticide manufacturer. The following
                                           registered with the sponsor as                                                                                list of North American Industrial
                                           participants or official patrol vessels are                                                                   Classification System (NAICS) codes is
                                           considered spectators. The ‘‘official                   ENVIRONMENTAL PROTECTION                              not intended to be exhaustive, but rather
                                           patrol vessels’’ consist of any Coast                   AGENCY                                                provides a guide to help readers
                                           Guard, state, or local law enforcement                                                                        determine whether this document
                                           and sponsor provided vessels assigned                   40 CFR Part 180
                                                                                                                                                         applies to them. Potentially affected
                                           or approved by the Captain of the Port                  [EPA–HQ–OPP–2016–0380; FRL–9953–87]                   entities may include:
                                           (COTP) Mobile to patrol the regulated                                                                            • Crop production (NAICS code 111).
                                           area.                                                   Fluxapyroxad; Pesticide Tolerances                       • Animal production (NAICS code
                                              (3) Spectator vessels desiring to                                                                          112).
                                           transit the regulated area may do so only               AGENCY:  Environmental Protection                        • Food manufacturing (NAICS code
                                           with prior approval of the Patrol                       Agency (EPA).                                         311).
                                           Commander and when so directed by                       ACTION: Final rule.                                      • Pesticide manufacturing (NAICS
                                           that officer will be operated at a                                                                            code 32532).
                                           minimum safe navigation speed in a                      SUMMARY:   This regulation establishes
                                                                                                   tolerances for residues of fluxapyroxad               B. How can I get electronic access to
                                           manner which will not endanger                                                                                other related information?
                                           participants in the regulated area or any               in or on banana, coffee green bean,
                                           other vessels.                                          mango, and papaya. BASF Corporation                      You may access a frequently updated
                                              (4) No spectator vessel shall anchor,                requested these tolerances under the                  electronic version of EPA’s tolerance
                                           block, loiter, or impede the through                    Federal Food, Drug, and Cosmetic Act                  regulations at 40 CFR part 180 through
                                           transit of participants or official patrol              (FFDCA), to ensure that residues on                   the Government Printing Office’s e-CFR
                                           vessels in the regulated area during the                these commodities when imported into                  site at http://www.ecfr.gov/cgi-bin/text-
                                           effective dates and times, unless cleared               the United States would be in                         idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
                                           for entry by or through an official patrol              compliance with the FFDCA.                            40tab_02.tpl. To access the OCSPP test
                                           vessel.                                                 DATES: This regulation is effective                   guidelines referenced in this document
                                              (5) The patrol commander may forbid                  November 8, 2016. Objections and                      electronically, please go to http://
                                           and control the movement of all vessels                 requests for hearings must be received                www.epa.gov/ocspp and select ‘‘Test
                                           in the regulated area. When hailed or                   on or before January 9, 2017, and must                Methods and Guidelines.’’
                                           signaled by an official patrol vessel, a                be filed in accordance with the                       C. How can I file an objection or hearing
                                           vessel shall come to an immediate stop                  instructions provided in 40 CFR part                  request?
                                           and comply with the directions given.                   178 (see also Unit I.C. of the
                                           Failure to do so may result in expulsion                SUPPLEMENTARY INFORMATION).                             Under FFDCA section 408(g), 21
                                           from the area, citation for failure to                                                                        U.S.C. 346a, any person may file an
                                                                                                   ADDRESSES: The docket for this action,
                                           comply, or both.                                                                                              objection to any aspect of this regulation
                                                                                                   identified by docket identification (ID)
                                              (6) Any spectator vessel may anchor                                                                        and may also request a hearing on those
                                                                                                   number EPA–HQ–OPP–2016–0380, is
                                           outside the regulated area, but may not                                                                       objections. You must file your objection
                                                                                                   available at http://www.regulations.gov
                                           anchor in, block, or loiter in a navigable                                                                    or request a hearing on this regulation
                                                                                                   or at the Office of Pesticide Programs
                                           channel. Spectator vessels may be                                                                             in accordance with the instructions
                                                                                                   Regulatory Public Docket (OPP Docket)
                                           moored to a waterfront facility within                                                                        provided in 40 CFR part 178. To ensure
                                                                                                   in the Environmental Protection Agency
                                           the regulated area in such a way that                                                                         proper receipt by EPA, you must
                                                                                                   Docket Center (EPA/DC), West William
                                           they shall not interfere with the progress                                                                    identify docket ID number EPA–HQ–
                                                                                                   Jefferson Clinton Bldg., Rm. 3334, 1301
                                           of the event. Such mooring must be                                                                            OPP–2016–0380 in the subject line on
                                                                                                   Constitution Ave. NW., Washington, DC
                                           complete at least 30 minutes prior to the                                                                     the first page of your submission. All
                                                                                                   20460–0001. The Public Reading Room
                                           establishment of the regulated area and                                                                       objections and requests for a hearing
                                                                                                   is open from 8:30 a.m. to 4:30 p.m.,
                                           remain moored through the duration of                                                                         must be in writing, and must be
                                                                                                   Monday through Friday, excluding legal
                                           the event.                                                                                                    received by the Hearing Clerk on or
                                                                                                   holidays. The telephone number for the
                                              (7) The Patrol Commander may                                                                               before January 9, 2017. Addresses for
                                                                                                   Public Reading Room is (202) 566–1744,
                                           terminate the event or the operation of                                                                       mail and hand delivery of objections
                                                                                                   and the telephone number for the OPP
                                           any vessel at any time it is deemed                                                                           and hearing requests are provided in 40
                                                                                                   Docket is (703) 305–5805. Please review
                                           necessary for the protection of life or                                                                       CFR 178.25(b).
                                                                                                   the visitor instructions and additional                 In addition to filing an objection or
                                           property.                                               information about the docket available
                                              (8) The Patrol Commander will                                                                              hearing request with the Hearing Clerk
                                                                                                   at http://www.epa.gov/dockets.                        as described in 40 CFR part 178, please
                                           terminate enforcement of the special
                                           local regulations at the conclusion of the              FOR FURTHER INFORMATION CONTACT:                      submit a copy of the filing (excluding
                                           event.                                                  Michael Goodis, Registration Division                 any Confidential Business Information
                                              (d) Informational broadcasts. The                    (7505P), Office of Pesticide Programs,                (CBI)) for inclusion in the public docket.
Lhorne on DSK30JT082PROD with RULES




                                           COTP Mobile or a designated                             Environmental Protection Agency, 1200                 Information not marked confidential
                                           representative will inform the public                   Pennsylvania Ave. NW., Washington,                    pursuant to 40 CFR part 2 may be
                                           through broadcast notices to mariners of                DC 20460–0001; main telephone                         disclosed publicly by EPA without prior
                                           the enforcement period for the regulated                number: (703) 305–7090; email address:                notice. Submit the non-CBI copy of your
                                           area as well as any changes in the date                 RDFRNotices@epa.gov.                                  objection or hearing request, identified
                                           and times of enforcement.                               SUPPLEMENTARY INFORMATION:                            by docket ID number EPA–HQ–OPP–


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Document Created: 2018-02-14 08:23:54
Document Modified: 2018-02-14 08:23:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 4 p.m. until 10 p.m. on December 10, 2016.
ContactIf you have questions on this rule, call or email LT Fannie L. Wilks, Sector Mobile, Waterways Management Division, U.S. Coast Guard; telephone 251-441-5940, email [email protected]
FR Citation81 FR 78507 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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