82_FR_18297 82 FR 18224 - Safety Zone; 2017 Key West Paddle Classic, Key West, FL

82 FR 18224 - Safety Zone; 2017 Key West Paddle Classic, Key West, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 73 (April 18, 2017)

Page Range18224-18226
FR Document2017-07822

The Coast Guard is establishing a temporary moving safety zone on the waters surrounding Key West, Florida, during the 2017 Key West Paddle Classic, a paddle board race event. The safety zone is necessary to ensure the safety of participant vessels, spectators, and the general public during the event. This regulation prohibits persons and non-participant vessels from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port (COTP) Key West or a designated representative.

Federal Register, Volume 82 Issue 73 (Tuesday, April 18, 2017)
[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)]
[Rules and Regulations]
[Pages 18224-18226]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07822]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0066]
RIN 1625-AA00


Safety Zone; 2017 Key West Paddle Classic, Key West, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
on the waters surrounding Key West, Florida, during the 2017 Key West 
Paddle Classic, a paddle board race event. The safety zone is necessary 
to ensure the safety of participant vessels, spectators, and the 
general public during the event. This regulation prohibits persons and 
non-participant vessels from entering, transiting through, anchoring 
in, or remaining within the safety zone unless authorized by the 
Captain of the Port (COTP) Key West or a designated representative.

DATES: This rule is effective from 7:30 a.m. until 3 p.m. on April 29, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0066 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 Scott Ledee, Waterways Management Division 
Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305) 292-8768, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final 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 and 
contrary to the public interest. The event is scheduled to take place 
on April 29th and the safety zone must be in effect on that date in 
order to serve its purpose of ensuring the safety of the public from 
hazards associated with paddle events. For those reasons, it would be 
impracticable and contrary to the public interest to publish an NPRM.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register for the same reasons stated in the 
preceding paragraph.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 33 
U.S.C. 1231. The purpose of the rule is to ensure the safety of the 
event participants, the general public, vessels and the navigable 
waters surrounding Key West, Florida, during the 2017 Key West Paddle 
Classic event.

IV. Discussion of the Rule

    This rule establishes a safety zone on certain navigable waters 
surrounding Key West, Florida, during the 2017 Key West Paddle Classic 
event. The moving safety zone encompasses all waters within 50 yards in 
front of the lead safety vessel preceding the first event participants, 
50 yards behind the safety vessel trailing the last event participants, 
and at all times extend 100 yards on either side of safety vessels. The 
event course begins at Higgs Beach in Key West, Florida, moves west to 
the area offshore of Fort Zach State Park, north through Key West 
Harbor, east through Fleming Key Cut, south through Cow Key Channel, 
and west returning back to Higgs Beach. The event is scheduled to take 
place from 7:30 a.m. to 3 p.m. on April 29, 2017. Approximately 200 
paddle boarders and six safety vessels are anticipated to

[[Page 18225]]

participate in the event. No person or non-participant vessel will be 
permitted to enter, transit through, anchor in, or remain within the 
safety zone without obtaining permission from the COTP Key West or a 
designated representative. If authorization to enter, transit through, 
anchor in, or remain within the safety zone is granted by the COTP Key 
West or a designated representative, all persons and vessels receiving 
such authorization must comply with the instructions of the COTP Key 
West or a designated representative. The Coast Guard will provide 
notice of the safety zone by Local Notice to Mariners, Broadcast Notice 
to Mariners, and/or by on-scene designated representatives.

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

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
E.O.13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not 
a significant regulatory action, this rule is exempt from the 
requirements of Executive Order 13771. See OMB Memorandum titled 
``Interim Guidance Implementing Section 2 of the Executive Order of 
January 30, 2017, titled `Reducing Regulation and Controlling 
Regulatory Costs''' (February 2, 2017).
    The economic impact of this rule is not significant for the 
following reasons: (1) Although persons and vessels may not enter, 
transit through, anchor in, or remain within the safety zone without 
authorization from the COTP Key West or a designated representative, 
they may operate in the surrounding area during the enforcement period; 
(2) Persons and vessels will still be able to enter, transit through, 
anchor in, or remain within the regulated area if authorized by the 
COTP Key West or a designated representative; and (3) the Coast Guard 
will provide advance notification of the safety zone to the local 
maritime community by Local Notice to Mariners, Broadcast Notice to 
Mariners, or by on-scene designated representatives.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on ``small entities'' comprised of small businesses and 
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 would 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.
    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.

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 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

[[Page 18226]]

significant effect on the human environment. This rule involves a 
safety zone that will prohibit persons and vessels from entering, 
transiting through, anchoring in, or remaining within a limited area on 
the navigable water surrounding Key West, Florida, during a paddle 
event lasting seven and one-half hours. This rule is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A Record of Environmental Consideration (REC) 
supporting this determination is 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 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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-1, 
6.04-6, 160.5; and Department of Homeland Security Delegation No. 
0170.1.


0
2. Add temporary Sec.  165.T07-0066 to read as follows:


Sec.  165.T07-0066  Safety Zone; 2017 Key West Paddle Classic, Key 
West, FL.

    (a) Location. The following regulated area is a moving safety zone: 
All waters extending 100 yards to either side of the race participants 
and safety vessels; extending 50 yards in front of the lead safety 
vessel preceding the first race participants; and extending 50 yards 
behind the safety vessel trailing the last race participants. The event 
course begins at Higgs Beach in Key West, Florida, moves west to the 
area offshore of Fort Zach State Park, north through Key West Harbor, 
east through Fleming Key Cut, south through Cow Key Channel, and west 
returning back to Higgs Beach.
    (b) Definition. As used in this section, the term ``designated 
representative'' means Coast Guard Patrol Commanders, including Coast 
Guard coxswains, petty officers, and other officers operating Coast 
Guard vessels, and Federal, state, and local officers designated by or 
assisting the Captain of the Port (COTP) Key West in the enforcement of 
the regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the COTP Key West or a designated 
representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the COTP Key West 
by telephone at (305) 292-8772, or a designated representative via VHF-
FM radio on channel 16 to request authorization. If authorization is 
granted, all persons and vessels receiving such authorization must 
comply with the instructions of the COTP Key West or a designated 
representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM 
channel 16, and/or by on-scene designated representatives.
    (d) Enforcement period. This rule will be enforced from 7:30 a.m. 
until 3 p.m. on April 29, 2017.

    Dated: April 13, 2017.
J.A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2017-07822 Filed 4-17-17; 8:45 am]
BILLING CODE 9110-04-P



                                             18224               Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Rules and Regulations

                                             Federal Register (82 FR 15137). Under                     Dated: April 12, 2017.                              II. Background Information and
                                             that temporary deviation, the bridge will               Hal R. Pitts,                                         Regulatory History
                                             remain in the closed-to-navigation                      Bridge Program Manager, Fifth Coast Guard                The Coast Guard is issuing this
                                             position from 6 a.m. on April 10, 2017,                 District.
                                                                                                                                                           temporary final rule without prior
                                             through 7 p.m. on April 15, 2017. The                   [FR Doc. 2017–07765 Filed 4–17–17; 8:45 am]           notice and opportunity to comment
                                             Maryland Transportation Authority,                      BILLING CODE 9110–04–P                                pursuant to authority under section 4(a)
                                             who owns and operates the I695 Bridge                                                                         of the Administrative Procedure Act
                                             across Curtis Creek, mile 1.0, at                                                                             (APA) (5 U.S.C. 553(b)). This provision
                                             Baltimore, MD, has requested a                          DEPARTMENT OF HOMELAND                                authorizes an agency to issue a rule
                                             modified temporary deviation from the                   SECURITY                                              without prior notice and opportunity to
                                             current operating regulation set out in                 Coast Guard                                           comment when the agency for good
                                             33 CFR 117.557, to remove, repair, and                                                                        cause finds that those procedures are
                                             replace the inner and outer loop locking                33 CFR Part 165                                       ‘‘impracticable, unnecessary, or contrary
                                             bar and couplings. This modified                                                                              to the public interest.’’ Under 5 U.S.C.
                                             temporary deviation serves to replace                                                                         553(b)(B), the Coast Guard finds that
                                                                                                     [Docket Number USCG–2017–0066]                        good cause exists for not publishing a
                                             the previous temporary deviation in the
                                             Federal Register (82 FR 15137),                                                                               notice of proposed rulemaking (NPRM)
                                             immediately upon its publication into                   RIN 1625–AA00                                         with respect to this rule because doing
                                             the Federal Register.                                                                                         so would be impracticable and contrary
                                                                                                     Safety Zone; 2017 Key West Paddle                     to the public interest. The event is
                                                Under this modified temporary                        Classic, Key West, FL                                 scheduled to take place on April 29th
                                             deviation, the bridge will remain in the                                                                      and the safety zone must be in effect on
                                             closed-to-navigation position from 6                    AGENCY:    Coast Guard, DHS.
                                                                                                                                                           that date in order to serve its purpose of
                                             a.m. to 7 p.m., from April 10, 2017,                    ACTION:   Temporary final rule.                       ensuring the safety of the public from
                                             through April 17, 2017, and from May                                                                          hazards associated with paddle events.
                                             1, 2017, through May 5, 2017. The                       SUMMARY:   The Coast Guard is                         For those reasons, it would be
                                             bridge will open on signal if at least 24               establishing a temporary moving safety                impracticable and contrary to the public
                                             hours notice is given from 7 p.m. to 6                  zone on the waters surrounding Key                    interest to publish an NPRM.
                                             a.m., from April 10, 2017, through April                West, Florida, during the 2017 Key West                  Under 5 U.S.C. 553(d)(3), the Coast
                                             17, 2017, and from May 1, 2017, through                 Paddle Classic, a paddle board race                   Guard finds that good cause exists for
                                             May 5, 2017. At all other times the                     event. The safety zone is necessary to                making this temporary rule effective less
                                             bridge will operate per 33 CFR 117.557.                 ensure the safety of participant vessels,             than 30 days after publication in the
                                             The drawbridge has two spans, each                      spectators, and the general public                    Federal Register for the same reasons
                                                                                                     during the event. This regulation                     stated in the preceding paragraph.
                                             with double-leaf bascule draws, and
                                                                                                     prohibits persons and non-participant
                                             both spans have a vertical clearance in                                                                       III. Legal Authority and Need for Rule
                                                                                                     vessels from entering, transiting
                                             the closed-to-navigation position of 58                 through, anchoring in, or remaining
                                             feet above mean high water.                                                                                     The Coast Guard is issuing this rule
                                                                                                     within the safety zone unless authorized              under the authority in 33 U.S.C. 1231.
                                                Curtis Creek is used by military                     by the Captain of the Port (COTP) Key                 The purpose of the rule is to ensure the
                                             vessels, recreational vessels, tug and                  West or a designated representative.                  safety of the event participants, the
                                             barge traffic, fishing vessels, and small               DATES: This rule is effective from 7:30               general public, vessels and the
                                             commercial vessels. The Coast Guard                     a.m. until 3 p.m. on April 29, 2017.                  navigable waters surrounding Key West,
                                             has carefully considered the nature and                                                                       Florida, during the 2017 Key West
                                             volume of vessel traffic on the waterway                ADDRESSES:   To view documents
                                                                                                                                                           Paddle Classic event.
                                                                                                     mentioned in this preamble as being
                                             in publishing this temporary deviation.
                                                                                                     available in the docket, go to http://                IV. Discussion of the Rule
                                                Vessels able to pass through the                     www.regulations.gov, type USCG–2017–
                                             bridge in the closed position may do so                                                                         This rule establishes a safety zone on
                                                                                                     0066 in the ‘‘SEARCH’’ box and click                  certain navigable waters surrounding
                                             at any time. The bridge spans will not                  ‘‘SEARCH.’’ Click on Open Docket                      Key West, Florida, during the 2017 Key
                                             be able to open in case of an emergency                 Folder on the line associated with this               West Paddle Classic event. The moving
                                             and there is no immediate alternate                     rule.                                                 safety zone encompasses all waters
                                             route for vessels to pass. The Coast                    FOR FURTHER INFORMATION CONTACT:     If               within 50 yards in front of the lead
                                             Guard will also inform the users of the                 you have questions on this rule, call or              safety vessel preceding the first event
                                             waterway through our Local Notice and                   email Lieutenant Scott Ledee,                         participants, 50 yards behind the safety
                                             Broadcast Notices to Mariners of the                    Waterways Management Division Chief,                  vessel trailing the last event
                                             change in operating schedule for the                    Sector Key West, FL, U.S. Coast Guard;                participants, and at all times extend 100
                                             bridge so that vessel operators can                     telephone (305) 292–8768, email                       yards on either side of safety vessels.
                                             arrange their transits to minimize any                  SKWWaterways@uscg.mil.                                The event course begins at Higgs Beach
                                             impact caused by the temporary                          SUPPLEMENTARY INFORMATION:                            in Key West, Florida, moves west to the
                                             deviation.                                                                                                    area offshore of Fort Zach State Park,
                                                In accordance with 33 CFR 117.35(e),                 I. Table of Abbreviations                             north through Key West Harbor, east
                                                                                                                                                           through Fleming Key Cut, south through
nlaroche on DSK30NT082PROD with RULES




                                             the drawbridge must return to its regular               COTP Captain of the Port
                                             operating schedule immediately at the                                                                         Cow Key Channel, and west returning
                                                                                                     CFR Code of Federal Regulations
                                             end of the effective period of this                     DHS Department of Homeland Security
                                                                                                                                                           back to Higgs Beach. The event is
                                             temporary deviation. This deviation                     FR Federal Register                                   scheduled to take place from 7:30 a.m.
                                             from the operating regulations is                       NPRM Notice of proposed rulemaking                    to 3 p.m. on April 29, 2017.
                                                                                                     § Section                                             Approximately 200 paddle boarders and
                                             authorized under 33 CFR 117.35.
                                                                                                     U.S.C. United States Code                             six safety vessels are anticipated to


                                        VerDate Sep<11>2014   13:31 Apr 17, 2017   Jkt 241001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\18APR1.SGM   18APR1


                                                                 Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Rules and Regulations                                        18225

                                             participate in the event. No person or                    The economic impact of this rule is                 Coast Guard will not retaliate against
                                             non-participant vessel will be permitted                not significant for the following reasons:            small entities that question or complain
                                             to enter, transit through, anchor in, or                (1) Although persons and vessels may                  about this rule or any policy or action
                                             remain within the safety zone without                   not enter, transit through, anchor in, or             of the Coast Guard.
                                             obtaining permission from the COTP                      remain within the safety zone without
                                                                                                     authorization from the COTP Key West                  C. Collection of Information
                                             Key West or a designated representative.
                                             If authorization to enter, transit through,             or a designated representative, they may                This rule will not call for a new
                                             anchor in, or remain within the safety                  operate in the surrounding area during                collection of information under the
                                             zone is granted by the COTP Key West                    the enforcement period; (2) Persons and               Paperwork Reduction Act of 1995 (44
                                             or a designated representative, all                     vessels will still be able to enter, transit          U.S.C. 3501–3520).
                                             persons and vessels receiving such                      through, anchor in, or remain within the              D. Federalism and Indian Tribal
                                             authorization must comply with the                      regulated area if authorized by the                   Governments
                                             instructions of the COTP Key West or a                  COTP Key West or a designated
                                             designated representative. The Coast                    representative; and (3) the Coast Guard                  A rule has implications for federalism
                                             Guard will provide notice of the safety                 will provide advance notification of the              under Executive Order 13132,
                                             zone by Local Notice to Mariners,                       safety zone to the local maritime                     Federalism, if it has a substantial direct
                                             Broadcast Notice to Mariners, and/or by                 community by Local Notice to Mariners,                effect on the States, on the relationship
                                             on-scene designated representatives.                    Broadcast Notice to Mariners, or by on-               between the national government and
                                                                                                     scene designated representatives.                     the States, or on the distribution of
                                             V. Regulatory Analyses                                                                                        power and responsibilities among the
                                                                                                     B. Impact on Small Entities                           various levels of government. We have
                                               We developed this rule after
                                             considering numerous statutes and                          The Regulatory Flexibility Act of                  analyzed this rule under that Order and
                                             Executive orders related to rulemaking.                 1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                             Below we summarize our analyses                         requires Federal agencies to consider                 with the fundamental federalism
                                                                                                     the potential impact of regulations on                principles and preemption requirements
                                             based on a number of these statutes and
                                                                                                     ‘‘small entities’’ comprised of small                 described in Executive Order 13132.
                                             Executive orders, and we discuss First
                                                                                                     businesses and not-for-profit                            Also, this rule does not have tribal
                                             Amendment rights of protestors.
                                                                                                     organizations that are independently                  implications under Executive Order
                                             A. Regulatory Planning and Review                       owned and operated and are not                        13175, Consultation and Coordination
                                                                                                     dominant in their fields, and                         with Indian Tribal Governments,
                                                E.O.s 12866 (‘‘Regulatory Planning
                                                                                                     governmental jurisdictions with                       because it does not have a substantial
                                             and Review’’) and 13563 (‘‘Improving                    populations of less than 50,000. The                  direct effect on one or more Indian
                                             Regulation and Regulatory Review’’)                     Coast Guard certifies under 5 U.S.C.                  tribes, on the relationship between the
                                             direct agencies to assess the costs and                 605(b) that this rule would not have a                Federal Government and Indian tribes,
                                             benefits of available regulatory                        significant economic impact on a                      or on the distribution of power and
                                             alternatives and, if regulation is                      substantial number of small entities.                 responsibilities between the Federal
                                             necessary, to select regulatory                            While some owners or operators of                  Government and Indian tribes. If you
                                             approaches that maximize net benefits                   vessels intending to transit the safety               believe this rule has implications for
                                             (including potential economic,                          zone may be small entities, for the                   federalism or Indian tribes, please
                                             environmental, public health and safety                 reasons stated in section V.A above, this             contact the person listed in the FOR
                                             effects, distributive impacts, and                      rule will not have a significant                      FURTHER INFORMATION CONTACT section.
                                             equity). E.O.13563 emphasizes the                       economic impact on any vessel owner
                                             importance of quantifying both costs                    or operator.                                          E. Unfunded Mandates Reform Act
                                             and benefits, of reducing costs, of                        Under section 213(a) of the Small                    The Unfunded Mandates Reform Act
                                             harmonizing rules, and of promoting                     Business Regulatory Enforcement                       of 1995 (2 U.S.C. 1531–1538) requires
                                             flexibility. Executive Order 13771                      Fairness Act of 1996 (Pub. L. 104–121),               Federal agencies to assess the effects of
                                             (‘‘Reducing Regulation and Controlling                  we want to assist small entities in                   their discretionary regulatory actions. In
                                             Regulatory Costs’’), directs agencies to                understanding this rule. If the rule                  particular, the Act addresses actions
                                             reduce regulation and control regulatory                would affect your small business,                     that may result in the expenditure by a
                                             costs and provides that ‘‘for every one                 organization, or governmental                         State, local, or tribal government, in the
                                             new regulation issued, at least two prior               jurisdiction and you have questions                   aggregate, or by the private sector of
                                             regulations be identified for elimination,              concerning its provisions or options for              $100,000,000 (adjusted for inflation) or
                                             and that the cost of planned regulations                compliance, please contact the person                 more in any one year. Though this rule
                                             be prudently managed and controlled                     listed in the FOR FURTHER INFORMATION                 will not result in such expenditure, we
                                             through a budgeting process.’’                          CONTACT section.                                      do discuss the effects of this rule
                                                The Office of Management and Budget                     Small businesses may send comments                 elsewhere in this preamble.
                                             (OMB) has not designated this rule a                    on the actions of Federal employees
                                             significant regulatory action under                     who enforce, or otherwise determine                   F. Environment
                                             section 3(f) of Executive Order 12866.                  compliance with, Federal regulations to                 We have analyzed this rule under
                                             Accordingly, OMB has not reviewed it.                   the Small Business and Agriculture                    Department of Homeland Security
                                             As this rule is not a significant                       Regulatory Enforcement Ombudsman                      Management Directive 023–01 and
                                             regulatory action, this rule is exempt                  and the Regional Small Business                       Commandant Instruction M16475.lD,
                                             from the requirements of Executive                      Regulatory Fairness Boards. The                       which guide the Coast Guard in
nlaroche on DSK30NT082PROD with RULES




                                             Order 13771. See OMB Memorandum                         Ombudsman evaluates these actions                     complying with the National
                                             titled ‘‘Interim Guidance Implementing                  annually and rates each agency’s                      Environmental Policy Act of 1969 (42
                                             Section 2 of the Executive Order of                     responsiveness to small business. If you              U.S.C. 4321–4370f), and have
                                             January 30, 2017, titled ‘Reducing                      wish to comment on actions by                         determined that this action is one of a
                                             Regulation and Controlling Regulatory                   employees of the Coast Guard, call 1–                 category of actions that do not
                                             Costs’’’ (February 2, 2017).                            888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a


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                                             18226               Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Rules and Regulations

                                             significant effect on the human                         Channel, and west returning back to                   commodities of cotton; cotton
                                             environment. This rule involves a safety                Higgs Beach.                                          undelinted seed; cotton, gin byproducts;
                                             zone that will prohibit persons and                        (b) Definition. As used in this section,           cotton, forage; cotton, hay; cotton, hulls;
                                             vessels from entering, transiting                       the term ‘‘designated representative’’                cotton, meal; and cotton, refined oil,
                                             through, anchoring in, or remaining                     means Coast Guard Patrol Commanders,                  when used as a plant-incorporated
                                             within a limited area on the navigable                  including Coast Guard coxswains, petty                protectant (PIP) in accordance with the
                                             water surrounding Key West, Florida,                    officers, and other officers operating                terms of Experimental Use Permit (EUP)
                                             during a paddle event lasting seven and                 Coast Guard vessels, and Federal, state,              No. 524–108. Monsanto Company
                                             one-half hours. This rule is categorically              and local officers designated by or                   submitted a petition to EPA under the
                                             excluded from further review under                      assisting the Captain of the Port (COTP)              Federal Food, Drug, and Cosmetic Act
                                             paragraph 34(g) of Figure 2–1 of the                    Key West in the enforcement of the                    (FFDCA), requesting the temporary
                                             Commandant Instruction. A Record of                     regulated areas.                                      tolerance exemption. This regulation
                                             Environmental Consideration (REC)                          (c) Regulations. (1) All persons and               eliminates the need to establish a
                                             supporting this determination is                        vessels are prohibited from entering,                 maximum permissible level for residues
                                             available in the docket where indicated                 transiting through, anchoring in, or                  of mCry51Aa2 protein. The temporary
                                             under ADDRESSES. We seek any                            remaining within the regulated area                   tolerance exemption expires on
                                             comments or information that may lead                   unless authorized by the COTP Key                     February 28, 2019.
                                             to the discovery of a significant                       West or a designated representative.                  DATES: This regulation is effective April
                                             environmental impact from this rule.                       (2) Persons and vessels desiring to                18, 2017. Objections and requests for
                                                                                                     enter, transit through, anchor in, or                 hearings must be received on or before
                                             G. Protest Activities
                                                                                                     remain within the regulated area may                  June 19, 2017, and must be filed in
                                               The Coast Guard respects the First                    contact the COTP Key West by                          accordance with the instructions
                                             Amendment rights of protesters.                         telephone at (305) 292–8772, or a                     provided in 40 CFR part 178 (see also
                                             Protesters are asked to contact the                     designated representative via VHF–FM                  Unit I.C. of the SUPPLEMENTARY
                                             person listed in the FOR FURTHER                        radio on channel 16 to request                        INFORMATION).
                                             INFORMATION CONTACT section to                          authorization. If authorization is
                                                                                                     granted, all persons and vessels                      ADDRESSES:    The docket for this action,
                                             coordinate protest activities so that your
                                                                                                     receiving such authorization must                     identified by docket identification (ID)
                                             message can be received without
                                                                                                     comply with the instructions of the                   number EPA–HQ–OPP–2016–0279, is
                                             jeopardizing the safety or security of
                                                                                                     COTP Key West or a designated                         available at http://www.regulations.gov
                                             people, places or vessels.
                                                                                                     representative.                                       or at the Office of Pesticide Programs
                                             List of Subjects in 33 CFR Part 165                                                                           Regulatory Public Docket (OPP Docket)
                                                                                                        (3) The Coast Guard will provide
                                                                                                     notice of the regulated area by Local                 in the Environmental Protection Agency
                                               Harbors, Marine safety, Navigation
                                                                                                     Notice to Mariners, Broadcast Notice to               Docket Center (EPA/DC), West William
                                             (water), Reporting and recordkeeping
                                                                                                     Mariners via VHF–FM channel 16, and/                  Jefferson Clinton Bldg., Rm. 3334, 1301
                                             requirements, Security measures,
                                                                                                     or by on-scene designated                             Constitution Ave. NW., Washington, DC
                                             Waterways.
                                                                                                     representatives.                                      20460–0001. The Public Reading Room
                                               For the reasons discussed in the                                                                            is open from 8:30 a.m. to 4:30 p.m.,
                                             preamble, the Coast Guard amends 33                        (d) Enforcement period. This rule will
                                                                                                     be enforced from 7:30 a.m. until 3 p.m.               Monday through Friday, excluding legal
                                             CFR part 165 as follows:                                                                                      holidays. The telephone number for the
                                                                                                     on April 29, 2017.
                                                                                                                                                           Public Reading Room is (202) 566–1744,
                                             PART 165—REGULATED NAVIGATION                             Dated: April 13, 2017.                              and the telephone number for the OPP
                                             AREAS AND LIMITED ACCESS AREAS                          J.A. Janszen,                                         Docket is (703) 305–5805. Please review
                                             ■ 1. The authority citation for part 165
                                                                                                     Captain, U.S. Coast Guard, Captain of the             the visitor instructions and additional
                                                                                                     Port Key West.                                        information about the docket available
                                             continues to read as follows:
                                                                                                     [FR Doc. 2017–07822 Filed 4–17–17; 8:45 am]           at http://www.epa.gov/dockets.
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191,             BILLING CODE 9110–04–P                                FOR FURTHER INFORMATION CONTACT:
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and
                                             Department of Homeland Security Delegation                                                                    Robert McNally, Biopesticides and
                                             No. 0170.1.                                                                                                   Pollution Prevention Division (7511P),
                                                                                                     ENVIRONMENTAL PROTECTION                              Office of Pesticide Programs,
                                             ■ 2. Add temporary § 165.T07–0066 to                    AGENCY                                                Environmental Protection Agency, 1200
                                             read as follows:                                                                                              Pennsylvania Ave. NW., Washington,
                                                                                                     40 CFR Part 174                                       DC 20460–0001; main telephone
                                             § 165.T07–0066 Safety Zone; 2017 Key
                                             West Paddle Classic, Key West, FL.                      [EPA–HQ–OPP–2016–0279; FRL–9957–23]                   number: (703) 305–7090; email address:
                                                                                                                                                           BPPDFRNotices@epa.gov.
                                               (a) Location. The following regulated
                                                                                                     Bacillus Thuringiensis (mCry51Aa2)                    SUPPLEMENTARY INFORMATION:
                                             area is a moving safety zone: All waters
                                                                                                     Protein in or on Cotton; Temporary
                                             extending 100 yards to either side of the                                                                     I. General Information
                                                                                                     Exemption From the Requirement of a
                                             race participants and safety vessels;
                                                                                                     Tolerance                                             A. Does this action apply to me?
                                             extending 50 yards in front of the lead
                                             safety vessel preceding the first race                  AGENCY:  Environmental Protection                        You may be potentially affected by
                                             participants; and extending 50 yards                    Agency (EPA).                                         this action if you are an agricultural
                                             behind the safety vessel trailing the last                                                                    producer, food manufacturer, or
nlaroche on DSK30NT082PROD with RULES




                                                                                                     ACTION: Final rule.
                                             race participants. The event course                                                                           pesticide manufacturer. The following
                                             begins at Higgs Beach in Key West,                      SUMMARY:   This regulation establishes a              list of North American Industrial
                                             Florida, moves west to the area offshore                temporary exemption from the                          Classification System (NAICS) codes is
                                             of Fort Zach State Park, north through                  requirement of a tolerance for residues               not intended to be exhaustive, but rather
                                             Key West Harbor, east through Fleming                   of the Bacillus thuringiensis mCry51Aa2               provides a guide to help readers
                                             Key Cut, south through Cow Key                          protein in or on the food and feed                    determine whether this document


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Document Created: 2017-04-18 00:00:30
Document Modified: 2017-04-18 00:00:30
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 7:30 a.m. until 3 p.m. on April 29, 2017.
ContactIf you have questions on this rule, call or email Lieutenant Scott Ledee, Waterways Management Division Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305) 292-8768, email [email protected]
FR Citation82 FR 18224 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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