82_FR_2296 82 FR 2291 - Special Local Regulation; Manatee River; Bradenton, FL

82 FR 2291 - Special Local Regulation; Manatee River; Bradenton, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 5 (January 9, 2017)

Page Range2291-2293
FR Document2017-00109

The Coast Guard proposes to establish a special local regulation for certain waters of the Manatee River during the Bradenton Area River Regatta. This action is necessary to protect the safety of race participants, participant vessels, spectators, and the general public on these navigable waters of the United States during the event. The special local regulation would restrict vessel traffic in the waters of the Manatee River in the vicinity of Bradenton, Florida. It would establish the following three areas: Two spectator areas, where all vessels must be anchored or operate at No Wake Speed; and an enforcement area where designated representatives may control vessel traffic as determined by the prevailing conditions.

Federal Register, Volume 82 Issue 5 (Monday, January 9, 2017)
[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Proposed Rules]
[Pages 2291-2293]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00109]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0940]
RIN 1625-AA08


Special Local Regulation; Manatee River; Bradenton, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a special local 
regulation for certain waters of the Manatee River during the Bradenton 
Area River Regatta. This action is necessary to protect the safety of 
race participants, participant vessels, spectators, and the general 
public on these navigable waters of the United States during the event. 
The special local regulation would restrict vessel traffic in the 
waters of the Manatee River in the vicinity of Bradenton, Florida. It 
would establish the following three areas: Two spectator areas, where 
all vessels must be anchored or operate at No Wake Speed; and an 
enforcement area where designated representatives may control vessel 
traffic as determined by the prevailing conditions.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 8, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0940 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Boatswain's Mate First Class Tyrone 
J. Stafford, Sector St. Petersburg Prevention Department, Coast Guard; 
telephone 813-228-2191, 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
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard proposes to establish a special local regulation on 
the waters of the Manatee River, Bradenton, Florida during the 
Bradenton Area River Regatta. This event is a high speed boat race with 
approximately 12 Formula 2 Class boats, traveling at speeds in excess 
of 100 miles per hour. There will also be approximately 14, 1000 cc 
Hydrocross jet skis participating in scheduled races during this event. 
Additionally, there will be a jet ski and water ski exhibition located 
within the regulated area. It is anticipated that 250 spectator vessels 
will be present along the race course. The race is scheduled to take 
place annually from approximately 9 a.m. to 9 p.m. during the first 
Saturday of February.
    This proposed rulemaking is necessary to provide for the safety of 
race participants, participant vessels, spectators, and the general 
public on these navigable waters of the United States during the 
Bradenton Area River Regatta. The Coast Guard proposes this rulemaking 
under authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

    This proposed rulemaking would encompass certain waters of the 
Manatee River in Bradenton, Florida. The special local regulation would 
be enforced from 9 a.m. to 9 p.m. normally occurring during the first 
Saturday of February. The special local regulation would establish the 
following three areas: (1) Two spectator areas, where all vessels must 
be anchored or operate at No Wake Speed; and (2) an enforcement area 
that encompasses all race courses and demonstrations, where designated 
representatives may control vessel traffic as determined by the 
prevailing conditions.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated area by contacting 
the Captain of the Port St. Petersburg by telephone at 727-824-7506, or 
a designated representative via VHF radio on channel 16. If 
authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port St. Petersburg 
or a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port St. Petersburg or a designated representative. The Coast Guard 
will provide notice of the special local regulation by Local Notice to 
Mariners, Broadcast Notice to Mariners, and/or on-scene designated 
representatives.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking.

[[Page 2292]]

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 NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulation will be enforced 
for only twelve hours; (2) although persons and vessels are prohibited 
to enter, transit through, anchor in, or remain within the regulated 
area without authorization from the Captain of the Port St. Petersburg 
or a designated representative, they may operate in the surrounding 
area during the enforcement period; (3) persons and vessels may still 
enter, transit through, anchor in, or remain within the regulated area 
or anchor in the sponsor's designated spectator area, during the 
enforcement period if authorized by the Captain of the Port St. 
Petersburg or a designated representative; and (4) the Coast Guard will 
provide advance notification of the special local regulations to the 
local maritime community by Local Notice to Mariners and/or Broadcast 
Notice to Mariners.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of the 
Manatee River, Bradenton, Florida, encompassed within the special local 
regulation from 9 a.m. until 9 p.m. annually on the first Saturday of 
February. For the reasons stated in section IV.A above, this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 issued in conjunction with a regatta or marine parade. This 
rule is categorically excluded from further review under paragraph 
(34)(h) of Figure 2-1 of Commandant Instruction M16475.lD. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comments can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment

[[Page 2293]]

applies, and provide a reason for each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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.  100.723 to read as follows:


Sec.  100.723  Special Local Regulation; Bradenton Area River Regatta, 
Manatee River; Bradenton, FL.

    (a) Regulated Areas. The following regulated areas are established 
as special local regulations. All coordinates are North American Datum 
1983.
    (1) Spectator Area #1. An area marked by the event sponsor 
encompassed within the following points: 27[deg]30.43' N., 
82[deg]34.55' W., thence to position 27[deg]30.43' N., 82[deg]34.43' 
W., thence to position 27[deg]30.23' N., 82[deg]34.43' W., thence to 
position 27[deg]30.13' N., 82[deg]34.30' W., thence to position 
27[deg]30.09' N., 82[deg]34.30' W., thence to position 27[deg]30.09' 
N., 82[deg]34.55' W., thence back to the original position 
27[deg]30.43' N., 82[deg]34.55' W.
    (2) Spectator Area #2. An area marked by the event sponsor east of 
the CSX Railroad train trestle eastbound of a line connected by the 
following points: 27[deg]30.73' N., 82[deg]34.13' W., thence to 
position 27[deg]29.99' N., 82[deg]34.07' W.
    (3) Enforcement Area. The designated race and demonstration areas 
that are composed of all waters of the Manatee River encompassed within 
the following points: 27[deg]30.58' N., 82[deg]34.62' W., thence to 
position 27[deg]30.58' N., 82[deg]34.13' W., thence to position 
27[deg]29.99' N., 82[deg]34.06' W., thence to position 27[deg]29.99' 
N., 82[deg]34.62' W., thence back to the original position 
27[deg]30.58' N., 82[deg]34.62' W.
    (b) Definition. 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 St. Petersburg 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 enforcement 
area unless authorized by the Captain of the Port St. Petersburg or a 
designated representative.
    (2) Designated representatives may control vessel traffic 
throughout the enforcement area as determined by the prevailing 
conditions.
    (3) All vessels are to be anchored and/or operate at a No Wake 
Speed in the spectator area. Persons and vessels may request 
authorization to enter, transit through, anchor in, or remain within 
the regulated areas by contacting the Captain of the Port St. 
Petersburg by telephone at 727-824-7506, or a designated representative 
via VHF radio on channel 16.
    (d) Enforcement period: This section will be enforced from 9:00 
a.m. to 9:00 p.m. annually on the first Saturday during the month of 
February.

    Dated: December 27, 2016.
H.L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2017-00109 Filed 1-6-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                                      Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Proposed Rules                                                                              2291

                                                                                                                 TABLE 1—AVERAGE 10-YEAR TOTAL COST PER MINE
                                                                                                                                                                                                                                Average
                                                                                                                                                                                                                                 10-year
                                                                                                                                                                                                                              per mine cost

                                                    Total 10-Year Cost as Proposed on 09/02/2015 .....................................................................................................                            $536,000
                                                    Changes:
                                                        Proximity Detection System Checks ................................................................................................................                         182,000
                                                        Electromagnetic Interference Evaluation ..........................................................................................................                           3,500

                                                                 Total Change .............................................................................................................................................        185,500

                                                    Total Revised Cost ..................................................................................................................................................                     $721,500
                                                    Percent increase in average cost per mine .............................................................................................................                                       35%



                                                      The rulemaking record and comment                                      DATES:  Comments and related material                                        This proposed rulemaking is
                                                    period for the proposed rule is reopened                                 must be received by the Coast Guard on                                     necessary to provide for the safety of
                                                    until February 8, 2017. MSHA solicits                                    or before February 8, 2017.                                                race participants, participant vessels,
                                                    comments on all aspects of the proposed                                  ADDRESSES: You may submit comments                                         spectators, and the general public on
                                                    rule. The Agency requests that                                           identified by docket number USCG–                                          these navigable waters of the United
                                                    comments be specific as possible and                                     2016–0940 using the Federal                                                States during the Bradenton Area River
                                                    include any technological and economic                                   eRulemaking Portal at http://                                              Regatta. The Coast Guard proposes this
                                                    feasibility data.                                                        www.regulations.gov. See the ‘‘Public                                      rulemaking under authority in 33 U.S.C.
                                                                                                                             Participation and Request for                                              1233.
                                                    Joseph A. Main,
                                                                                                                             Comments’’ portion of the                                                  III. Discussion of Proposed Rule
                                                    Assistant Secretary of Labor for Mine Safety
                                                                                                                             SUPPLEMENTARY INFORMATION section for
                                                    and Health.                                                                                                                                            This proposed rulemaking would
                                                                                                                             further instructions on submitting
                                                    [FR Doc. 2017–00105 Filed 1–6–17; 8:45 am]                                                                                                          encompass certain waters of the
                                                                                                                             comments.
                                                    BILLING CODE 4520–43–P                                                                                                                              Manatee River in Bradenton, Florida.
                                                                                                                             FOR FURTHER INFORMATION CONTACT: If                                        The special local regulation would be
                                                                                                                             you have questions about this proposed                                     enforced from 9 a.m. to 9 p.m. normally
                                                                                                                             rulemaking, call or email Boatswain’s                                      occurring during the first Saturday of
                                                    DEPARTMENT OF HOMELAND                                                   Mate First Class Tyrone J. Stafford,                                       February. The special local regulation
                                                    SECURITY                                                                 Sector St. Petersburg Prevention                                           would establish the following three
                                                                                                                             Department, Coast Guard; telephone                                         areas: (1) Two spectator areas, where all
                                                    Coast Guard                                                              813–228–2191, email Tyrone.J.Stafford@                                     vessels must be anchored or operate at
                                                                                                                             uscg.mil.                                                                  No Wake Speed; and (2) an enforcement
                                                    33 CFR Part 100                                                          SUPPLEMENTARY INFORMATION:                                                 area that encompasses all race courses
                                                    [Docket Number USCG–2016–0940]                                           I. Table of Abbreviations                                                  and demonstrations, where designated
                                                                                                                                                                                                        representatives may control vessel
                                                                                                                             CFR Code of Federal Regulations                                            traffic as determined by the prevailing
                                                    RIN 1625–AA08                                                            DHS Department of Homeland Security
                                                                                                                             FR Federal Register
                                                                                                                                                                                                        conditions.
                                                    Special Local Regulation; Manatee                                        NPRM Notice of proposed rulemaking                                            Persons and vessels may request
                                                    River; Bradenton, FL                                                     Pub. L. Public Law                                                         authorization to enter, transit through,
                                                                                                                             § Section                                                                  anchor in, or remain within the
                                                    AGENCY:      Coast Guard, DHS.                                           U.S.C. United States Code                                                  regulated area by contacting the Captain
                                                    ACTION:      Notice of proposed rulemaking.                                                                                                         of the Port St. Petersburg by telephone
                                                                                                                             II. Background, Purpose, and Legal
                                                                                                                                                                                                        at 727–824–7506, or a designated
                                                    SUMMARY:   The Coast Guard proposes to                                   Basis
                                                                                                                                                                                                        representative via VHF radio on channel
                                                    establish a special local regulation for                                    The Coast Guard proposes to establish                                   16. If authorization to enter, transit
                                                    certain waters of the Manatee River                                      a special local regulation on the waters                                   through, anchor in, or remain within the
                                                    during the Bradenton Area River                                          of the Manatee River, Bradenton,                                           regulated area is granted by the Captain
                                                    Regatta. This action is necessary to                                     Florida during the Bradenton Area River                                    of the Port St. Petersburg or a designated
                                                    protect the safety of race participants,                                 Regatta. This event is a high speed boat                                   representative, all persons and vessels
                                                    participant vessels, spectators, and the                                 race with approximately 12 Formula 2                                       receiving such authorization must
                                                    general public on these navigable waters                                 Class boats, traveling at speeds in excess                                 comply with the instructions of the
                                                    of the United States during the event.                                   of 100 miles per hour. There will also                                     Captain of the Port St. Petersburg or a
                                                    The special local regulation would                                       be approximately 14, 1000 cc                                               designated representative. The Coast
                                                    restrict vessel traffic in the waters of the                             Hydrocross jet skis participating in                                       Guard will provide notice of the special
                                                    Manatee River in the vicinity of                                         scheduled races during this event.                                         local regulation by Local Notice to
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    Bradenton, Florida. It would establish                                   Additionally, there will be a jet ski and                                  Mariners, Broadcast Notice to Mariners,
                                                    the following three areas: Two spectator                                 water ski exhibition located within the                                    and/or on-scene designated
                                                    areas, where all vessels must be                                         regulated area. It is anticipated that 250                                 representatives.
                                                    anchored or operate at No Wake Speed;                                    spectator vessels will be present along
                                                    and an enforcement area where                                            the race course. The race is scheduled                                     IV. Regulatory Analyses
                                                    designated representatives may control                                   to take place annually from                                                  We developed this proposed rule after
                                                    vessel traffic as determined by the                                      approximately 9 a.m. to 9 p.m. during                                      considering numerous statutes and
                                                    prevailing conditions.                                                   the first Saturday of February.                                            Executive Orders related to rulemaking.


                                               VerDate Sep<11>2014        17:29 Jan 06, 2017         Jkt 241001      PO 00000       Frm 00041       Fmt 4702       Sfmt 4702      E:\FR\FM\09JAP1.SGM             09JAP1


                                                    2292                     Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Proposed Rules

                                                    Below we summarize our analyses                         that portion of the Manatee River,                     implications for federalism or Indian
                                                    based on a number of these statutes and                 Bradenton, Florida, encompassed                        tribes, please contact the person listed
                                                    Executive Orders, and we discuss First                  within the special local regulation from               in the FOR FURTHER INFORMATION
                                                    Amendment rights of protestors.                         9 a.m. until 9 p.m. annually on the first              CONTACT section above.
                                                                                                            Saturday of February. For the reasons
                                                    A. Regulatory Planning and Review                                                                              E. Unfunded Mandates Reform Act
                                                                                                            stated in section IV.A above, this rule
                                                       Executive Orders 12866 and 13563                     will not have a significant economic                      The Unfunded Mandates Reform Act
                                                    direct agencies to assess the costs and                 impact on a substantial number of small                of 1995 (2 U.S.C. 1531–1538) requires
                                                    benefits of available regulatory                        entities.                                              Federal agencies to assess the effects of
                                                    alternatives and, if regulation is                         If you think that your business,                    their discretionary regulatory actions. In
                                                    necessary, to select regulatory                         organization, or governmental                          particular, the Act addresses actions
                                                    approaches that maximize net benefits.                  jurisdiction qualifies as a small entity               that may result in the expenditure by a
                                                    Executive Order 13563 emphasizes the                    and that this rule would have a                        State, local, or tribal government, in the
                                                    importance of quantifying both costs                    significant economic impact on it,                     aggregate, or by the private sector of
                                                    and benefits, of reducing costs, of                     please submit a comment (see                           $100,000,000 (adjusted for inflation) or
                                                    harmonizing rules, and of promoting                     ADDRESSES) explaining why you think it                 more in any one year. Though this
                                                    flexibility. This NPRM has not been                     qualifies and how and to what degree                   proposed rule would not result in such
                                                    designated a ‘‘significant regulatory                   this rule would economically affect it.                an expenditure, we do discuss the
                                                    action,’’ under Executive Order 12866.                     Under section 213(a) of the Small                   effects of this rule elsewhere in this
                                                    Accordingly, the NPRM has not been                      Business Regulatory Enforcement                        preamble.
                                                    reviewed by the Office of Management                    Fairness Act of 1996 (Pub. L. 104–121),
                                                    and Budget.                                             we want to assist small entities in                    F. Environment
                                                       The economic impact of this rule is                  understanding this proposed rule. If the                 We have analyzed this proposed rule
                                                    not significant for the following reasons:              rule would affect your small business,                 under Department of Homeland
                                                    (1) The special local regulation will be                organization, or governmental                          Security Management Directive 023–01
                                                    enforced for only twelve hours; (2)                     jurisdiction and you have questions                    and Commandant Instruction
                                                    although persons and vessels are                        concerning its provisions or options for               M16475.lD, which guide the Coast
                                                    prohibited to enter, transit through,                   compliance, please contact the person                  Guard in complying with the National
                                                    anchor in, or remain within the                         listed in the FOR FURTHER INFORMATION                  Environmental Policy Act of 1969 (42
                                                    regulated area without authorization                    CONTACT section. The Coast Guard will                  U.S.C. 4321–4370f), and have made a
                                                    from the Captain of the Port St.                        not retaliate against small entities that              preliminary determination that this
                                                    Petersburg or a designated                              question or complain about this                        action is one of a category of actions that
                                                    representative, they may operate in the                 proposed rule or any policy or action of               do not individually or cumulatively
                                                    surrounding area during the                             the Coast Guard.                                       have a significant effect on the human
                                                    enforcement period; (3) persons and                                                                            environment. This rule involves a
                                                    vessels may still enter, transit through,               C. Collection of Information                           special local regulation issued in
                                                    anchor in, or remain within the                           This proposed rule would not call for                conjunction with a regatta or marine
                                                    regulated area or anchor in the sponsor’s               a new collection of information under                  parade. This rule is categorically
                                                    designated spectator area, during the                   the Paperwork Reduction Act of 1995                    excluded from further review under
                                                    enforcement period if authorized by the                 (44 U.S.C. 3501–3520).                                 paragraph (34)(h) of Figure 2–1 of
                                                    Captain of the Port St. Petersburg or a                                                                        Commandant Instruction M16475.lD.
                                                                                                            D. Federalism and Indian Tribal
                                                    designated representative; and (4) the                                                                         We seek any comments or information
                                                                                                            Governments
                                                    Coast Guard will provide advance                                                                               that may lead to the discovery of a
                                                    notification of the special local                          A rule has implications for federalism              significant environmental impact from
                                                    regulations to the local maritime                       under Executive Order 13132,                           this proposed rule.
                                                    community by Local Notice to Mariners                   Federalism, if it has a substantial direct
                                                    and/or Broadcast Notice to Mariners.                    effect on the States, on the relationship              G. Protest Activities
                                                                                                            between the national government and                      The Coast Guard respects the First
                                                    B. Impact on Small Entities                             the States, or on the distribution of                  Amendment rights of protesters.
                                                       The Regulatory Flexibility Act of                    power and responsibilities among the                   Protesters are asked to contact the
                                                    1980, 5 U.S.C. 601–612, as amended,                     various levels of government. We have                  person listed in the FOR FURTHER
                                                    requires Federal agencies to consider                   analyzed this proposed rule under that                 INFORMATION CONTACT section to
                                                    the potential impact of regulations on                  Order and have determined that it is                   coordinate protest activities so that your
                                                    small entities during rulemaking. The                   consistent with the fundamental                        message can be received without
                                                    term ‘‘small entities’’ comprises small                 federalism principles and preemption                   jeopardizing the safety or security of
                                                    businesses, not-for-profit organizations                requirements described in Executive                    people, places, or vessels.
                                                    that are independently owned and                        Order 13132.
                                                    operated and are not dominant in their                     Also, this proposed rule does not have              V. Public Participation and Request for
                                                    fields, and governmental jurisdictions                  tribal implications under Executive                    Comments
                                                    with populations of less than 50,000.                   Order 13175, Consultation and                            We view public participation as
                                                    The Coast Guard certifies under 5 U.S.C.                Coordination with Indian Tribal                        essential to effective rulemaking, and
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    605(b) that this proposed rule would not                Governments, because it would not have                 will consider all comments and material
                                                    have a significant economic impact on                   a substantial direct effect on one or                  received during the comment period.
                                                    a substantial number of small entities.                 more Indian tribes, on the relationship                Your comments can help shape the
                                                       This rule may affect the following                   between the Federal Government and                     outcome of this rulemaking. If you
                                                    entities, some of which may be small                    Indian tribes, or on the distribution of               submit a comment, please include the
                                                    entities: The owners or operators of                    power and responsibilities between the                 docket number for this rulemaking,
                                                    vessels intending to enter, transit                     Federal Government and Indian tribes.                  indicate the specific section of this
                                                    through, anchor in, or remain within                    If you believe this proposed rule has                  document to which each comment


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                                                                             Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Proposed Rules                                            2293

                                                    applies, and provide a reason for each                    (2) Spectator Area #2. An area marked                ACTION:   Proposed rule.
                                                    suggestion or recommendation.                           by the event sponsor east of the CSX
                                                       We encourage you to submit                           Railroad train trestle eastbound of a line             SUMMARY:   The Postal Service proposes
                                                    comments through the Federal                            connected by the following points:                     to revise Mailing Standards of the
                                                    eRulemaking Portal at http://                           27°30.73′ N., 82°34.13′ W., thence to                  United States Postal Service, Domestic
                                                    www.regulations.gov. If your material                   position 27°29.99′ N., 82°34.07′ W.                    Mail Manual (DMM®) to add an option
                                                    cannot be submitted using http://                         (3) Enforcement Area. The designated                 to streamline the processing of drop
                                                    www.regulations.gov, contact the person                 race and demonstration areas that are                  shipments and expedited plant load
                                                    in the FOR FURTHER INFORMATION                          composed of all waters of the Manatee                  mailings.
                                                    CONTACT section of this document for                    River encompassed within the following                 DATES: Submit comments on or before
                                                    alternate instructions.                                 points: 27°30.58′ N., 82°34.62′ W.,                    February 8, 2017.
                                                       We accept anonymous comments. All                    thence to position 27°30.58′ N.,                       ADDRESSES: Mail or deliver written
                                                    comments received will be posted                        82°34.13′ W., thence to position                       comments to the manager, Product
                                                    without change to http://                               27°29.99′ N., 82°34.06′ W., thence to                  Classification, U.S. Postal Service, 475
                                                    www.regulations.gov and will include                    position 27°29.99′ N., 82°34.62′ W.,                   L’Enfant Plaza SW., Room 4446,
                                                    any personal information you have                       thence back to the original position                   Washington, DC 20260–5015. If sending
                                                    provided. For more about privacy and                    27°30.58′ N., 82°34.62′ W.                             comments by email, include the name
                                                    the docket, you may review a Privacy                      (b) Definition. The term ‘‘designated                and address of the commenter and send
                                                    Act notice regarding the Federal Docket                 representative’’ means Coast Guard                     to ProductClassification@usps.gov, with
                                                    Management System in the March 24,                      Patrol Commanders, including Coast                     a subject line of ‘‘eInduction Option.’’
                                                    2005, issue of the Federal Register (70                 Guard coxswains, petty officers, and                   Faxed comments are not accepted.
                                                    FR 15086).                                              other officers operating Coast Guard                      You may inspect and photocopy all
                                                       Documents mentioned in this NPRM                     vessels, and Federal, state, and local                 written comments, by appointment
                                                    as being available in the docket, and all               officers designated by or assisting the                only, at USPS® Headquarters Library,
                                                    public comments, will be in our online                  Captain of the Port St. Petersburg in the              475 L’Enfant Plaza SW., 11th Floor
                                                    docket at http://www.regulations.gov                    enforcement of the regulated areas.                    North, Washington, DC 20260. These
                                                    and can be viewed by following that                        (c) Regulations.                                    records are available for review on
                                                    Web site’s instructions. Additionally, if                  (1) All persons and vessels are                     Monday through Friday, 9 a.m.–4 p.m.,
                                                    you go to the online docket and sign up                 prohibited from entering, transiting                   by calling 202–268–2906.
                                                    for email alerts, you will be notified                  through, anchoring in, or remaining                    FOR FURTHER INFORMATION CONTACT:
                                                    when comments are posted or a final                     within the enforcement area unless                     Direct questions or comments to
                                                    rule is published.                                      authorized by the Captain of the Port St.              Heather Dyer by email at
                                                    List of Subjects in 33 CFR Part 100                     Petersburg or a designated                             heather.l.dyer@usps.gov or phone (207)
                                                                                                            representative.                                        482–7217, or Jacqueline Erwin by email
                                                      Marine safety, Navigation (water),                       (2) Designated representatives may
                                                    Reporting and recordkeeping                                                                                    at jacqueline.r.erwin@usps.gov or phone
                                                                                                            control vessel traffic throughout the                  (202) 268–2158.
                                                    requirements, Waterways.                                enforcement area as determined by the                  SUPPLEMENTARY INFORMATION: The
                                                      For the reasons discussed in the                      prevailing conditions.
                                                    preamble, the Coast Guard proposes to                                                                          Electronic Induction (eInduction) option
                                                                                                               (3) All vessels are to be anchored and/             is a process that streamlines the
                                                    amend 33 CFR part 100 as follows:                       or operate at a No Wake Speed in the                   preparation and induction (how and
                                                                                                            spectator area. Persons and vessels may                where the mail physically enters the
                                                    PART 100—SAFETY OF LIFE ON
                                                                                                            request authorization to enter, transit                Postal Service mailstream) of drop
                                                    NAVIGABLE WATERS
                                                                                                            through, anchor in, or remain within the               shipments and expedited plant load
                                                    ■ 1. The authority citation for part 100                regulated areas by contacting the                      mailings. eInduction links scans of
                                                    continues to read as follows:                           Captain of the Port St. Petersburg by                  Intelligent Mail container barcodes
                                                                                                            telephone at 727–824–7506, or a                        (IMcb) to the electronic documentation
                                                        Authority: 33 U.S.C. 1233.
                                                                                                            designated representative via VHF radio                (eDoc) information, allowing the Postal
                                                    ■   2. Add § 100.723 to read as follows:                on channel 16.                                         Service to verify that postage was paid
                                                    § 100.723 Special Local Regulation;                        (d) Enforcement period: This section                prior to accepting a mailer shipped
                                                    Bradenton Area River Regatta, Manatee                   will be enforced from 9:00 a.m. to 9:00                container. eInduction eliminates the
                                                    River; Bradenton, FL.                                   p.m. annually on the first Saturday                    need for paper PS Forms 8125, 8125–
                                                      (a) Regulated Areas. The following                    during the month of February.                          CD, and 8017, and manual
                                                    regulated areas are established as                        Dated: December 27, 2016.                            reconciliation at the entry facility.
                                                    special local regulations. All                          H.L. Najarian,                                         Correct postage payment is verified both
                                                    coordinates are North American Datum                    Captain, U.S. Coast Guard, Captain of the              at the entry facility and during post-
                                                    1983.                                                   Port Saint Petersburg.                                 induction processing in PostalOne!.
                                                      (1) Spectator Area #1. An area marked                 [FR Doc. 2017–00109 Filed 1–6–17; 8:45 am]                Mailers who would like to use the
                                                    by the event sponsor encompassed                        BILLING CODE 9110–04–P
                                                                                                                                                                   eInduction option must meet eligibility
                                                    within the following points: 27°30.43′                                                                         requirements and request authorization
                                                    N., 82°34.55′ W., thence to position                                                                           by contacting the Facility Access
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    27°30.43′ N., 82°34.43′ W., thence to                                                                          Shipping Tracking, (FAST)® Helpdesk.
                                                    position 27°30.23′ N., 82°34.43′ W.,                    POSTAL SERVICE                                         Business Mailer Support will provide
                                                    thence to position 27°30.13′ N.,                                                                               final authorization. Additional
                                                    82°34.30′ W., thence to position                        39 CFR Part 111                                        information, including information
                                                    27°30.09′ N., 82°34.30′ W., thence to                   Electronic Induction (eInduction®)                     regarding verification and associated
                                                    position 27°30.09′ N., 82°34.55′ W.,                    Option                                                 assessments, is provided in Publication
                                                    thence back to the original position                                                                           6850, Publication for Streamlined Mail
                                                    27°30.43′ N., 82°34.55′ W.                              AGENCY:    Postal ServiceTM.                           Acceptance for Letters and Flats,


                                               VerDate Sep<11>2014   17:29 Jan 06, 2017   Jkt 241001   PO 00000   Frm 00043   Fmt 4702   Sfmt 4702   E:\FR\FM\09JAP1.SGM   09JAP1



Document Created: 2018-10-24 11:10:46
Document Modified: 2018-10-24 11:10:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before February 8, 2017.
ContactIf you have questions about this proposed rulemaking, call or email Boatswain's Mate First Class Tyrone J. Stafford, Sector St. Petersburg Prevention Department, Coast Guard; telephone 813-228-2191, email [email protected]
FR Citation82 FR 2291 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways

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