82_FR_23030 82 FR 22934 - Special Local Regulation; Commencement Bay, Tacoma, WA

82 FR 22934 - Special Local Regulation; Commencement Bay, Tacoma, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 96 (May 19, 2017)

Page Range22934-22936
FR Document2017-10212

The Coast Guard proposes to establish a temporary special local regulation for certain waters of Commencement Bay for the 2017 World Water Ski Racing Championships. This action is necessary to safeguard participants and spectators from the hazards associated with race events and to ensure public safety during the duration of the events on Commencement Bay near Tacoma, WA, during the 2017 World Water Ski Racing Championships on July 29, 31, and August 2, 2017. This special local regulation prohibits non-participant persons and vessels from entering, transiting through, anchoring in, or remaining within the race area and prohibits vessels from transiting at speeds that cause wake within the spectator area unless authorized by the Captain of the Port Puget Sound or a Designated Representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 96 (Friday, May 19, 2017)
[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Proposed Rules]
[Pages 22934-22936]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10212]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0334]
RIN 1625-AA08


Special Local Regulation; Commencement Bay, Tacoma, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary special 
local regulation for certain waters of Commencement Bay for the 2017 
World Water Ski Racing Championships. This action is necessary to 
safeguard participants and spectators from the hazards associated with 
race events and to ensure public safety during the duration of the 
events on Commencement Bay near Tacoma, WA, during the 2017 World Water 
Ski Racing Championships on July 29, 31, and August 2, 2017. This 
special local regulation prohibits non-participant persons and vessels 
from entering, transiting through, anchoring in, or remaining within 
the race area and prohibits vessels from transiting at speeds that 
cause wake within the spectator area unless authorized by the Captain 
of the Port Puget Sound or a Designated Representative. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 19, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0334 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 Petty Officer Zachary Spence, Sector 
Puget Sound Waterways Management Branch, U.S. Coast Guard; telephone 
206-217-6051, 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
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On December 8, 2016, Overload Productions notified the Coast Guard 
that it intends on conducting a high speed water ski race on 
Commencement Bay. Approximately 40 motor boats and water skiers will be 
participating in the races and operating at high speeds with limited 
maneuverability, which poses a significant hazard to race participants 
and other boaters. In addition the event sponsors anticipate a 
potential small number of on-water spectators to be present during the 
races.
    The purpose of this rulemaking is to ensure the safety of vessels 
and participants in the race as well as spectators and the maritime 
public. The rulemaking would accomplish this purpose by establishing 
two regulated areas before, during, and after the scheduled event, one 
for race participants, and one for spectators and the maritime public. 
Many factors amplify the potential hazards of the race, including 
limited maneuverability of the race participants, commercial vessel 
traffic, and the number of local recreational and fishing vessels. The 
Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

    This proposed rule would create a temporary special local 
regulation on certain waters of Commencement Bay in Tacoma, WA for the 
2017 World Water Ski Racing Championships. This special local 
regulation would establish two separate regulated areas, a race area 
and a spectator area. Within the race area, all persons and vessels, 
except those persons and vessels participating in the high-speed water 
ski races, are prohibited from entering, transiting through, anchoring 
in, or remaining within. Within the spectator area, all vessels are 
prohibited from anchoring and are required to transit at the minimum 
speed necessary to maintain course, minimizing vessels wake, unless 
authorized by the Captain of the Port Puget Sound or a Designated 
Representative. The regulatory text we are proposing appears at the end 
of this document.

IV. Regulatory Analyses

    We developed this proposed 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. 
Executive Order 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 
proposed rule a significant regulatory action under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it.
    As this proposed rule is not a significant regulatory action, this 
rule is

[[Page 22935]]

exempt from the requirements of Executive Order 13771. See OMB's 
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).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the Special Local Regulation. 
Vessel traffic would be able to safely transit around race area or 
through the spectator area which would only impact a small designated 
area of Commencement Bay for less than nine hours during the days of 
event. Moreover, the Coast Guard would issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the regulated areas.

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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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.

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 proposed rule involves a special 
local regulation lasting for nine hours on each day the event occurs 
and would prohibit entry into the race area and restrict movement 
within the spectator area. Normally such actions are categorically 
excluded from further review under section 2.B.2, and figure 2-1, 
paragraph 34(h) of the Instruction. Paragraph 34(h) pertains to special 
local regulations 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 the Commandant Instruction. A 
preliminary Record of Environmental Consideration (REC) supporting this 
determination is available in the docket where indicated under the 
ADDRESSES section of this preamble. 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 comment 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 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).

[[Page 22936]]

    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.T13-0334 to read as follows:


Sec.  100.T13-0334  Special Local Regulation; Commencement Bay, Tacoma, 
WA

    (a) Location. The special local regulations found in paragraph (c) 
apply in the following areas.
    (1) Race Area. All waters of Commencement Bay encompassed within an 
imaginary line connecting the following coordinates: Starting at point 
1 in position 47[deg]18'9.6'' N., 122[deg]30'23.6'' W.; thence 
northeast to Point 2 in position 47[deg]18'15.2'' N., 122[deg]30'14.4'' 
W.; thence east to Point 3 in position 47[deg]18'15.2'' N., 
122[deg]28'46.7'' W.; thence south to Point 4 in position 
47[deg]17'20.1'' N., 122[deg]28'46.9'' W.; thence southwest to Point 5 
in position 47[deg]17'5.5'' N., 122[deg]29'6.4'' W.; thence northwest 
back to origin.
    (2) Spectator Area. All waters of Commencement Bay encompassed 
within an imaginary line connecting the following points: Starting at 
Point 1 in position 47[deg]18'15.2'' N., 122[deg]28'46.7'' W.; thence 
east to Point 2 in position 47[deg]17'20.1'' N., 122[deg]28'46.9'' W.; 
thence south to Point 3 in position 47[deg]17'19.8'' N., 
122[deg]28'38.1'' W.; thence west to Point 4 in position 
47[deg]18'15.5'' N., 122[deg]28'46.1'' W.; thence north back to origin.
    (b) Definitions. For the purpose of this section the following 
definitions apply:
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port Puget Sound (COTP) 
in the enforcement of the regulated areas identified in paragraph 
(a)(1) and (a)(2) of this section.
    Patrol Vessel means any Coast Guard vessel, Coast Guard Auxiliary 
vessel, or other federal, state or local law enforcement vessel.
    (c) Special Local Regulations. (1) All persons and vessels, except 
those persons and vessels participating in the high-speed water ski 
races, are prohibited from entering, transiting through, anchoring in, 
or remaining within the race area.
    (2) All persons and vessels entering, exiting, or moving within the 
spectator area must operate at speeds, which will create a minimum 
wake, and will not exceed seven knots. The maximum speed may be reduced 
at the discretion of the Patrol Commander.
    (3) A succession of sharp, short signals by whistle or horn from a 
Patrol Vessel will serve as a signal to stop. Vessels signaled must 
stop and comply with the orders of the Patrol Vessel. Failure to do so 
may result in expulsion from the area, citation for failure to comply, 
or both.
    (4) Persons and vessels desiring to enter, transit through, anchor 
in, remain within or transit in excess of wake speed within any of the 
regulated areas must contact the Captain of the Port Puget Sound by 
telephone at (206) 217-6002, 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 Captain of the Port Puget Sound or 
a designated representative.
    (d) Notice of Enforcement. The Coast Guard will provide notice of 
the enforcement of this Special Local Regulation by all appropriate 
means to ensure the widest dissemination among the public, as 
practicable; such means of notification may include but are not limited 
to, Broadcast Notice to Mariners, Local Notice to Mariners, and by on-
scene designated representatives.
    (e) Enforcement Period. This rule is effective from 9 a.m. to 6 
p.m. on July 29, 31, and August 2, 2017, unless cancelled sooner by the 
Captain of the Port Puget Sound.

    Dated: May 5, 2017.
B.C. McPherson,
CAPT, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2017-10212 Filed 5-18-17; 8:45 am]
BILLING CODE 9110-04-P



                                                  22934                      Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Proposed Rules

                                                  (approved on March 1, 2017). The                        your comments on this proposed                        III. Discussion of Proposed Rule
                                                  Director of the Federal Register                        rulemaking.                                              This proposed rule would create a
                                                  approves this incorporation by reference                                                                      temporary special local regulation on
                                                  in accordance with 5 U.S.C. 552(a) and                  DATES: Comments and related material
                                                                                                          must be received by the Coast Guard on                certain waters of Commencement Bay in
                                                  1 CFR part 51. You may obtain a copy                                                                          Tacoma, WA for the 2017 World Water
                                                  from ASTM International, 100 Bar                        or before June 19, 2017.
                                                                                                                                                                Ski Racing Championships. This special
                                                  Harbor Drive, P.O. Box 0700, West                       ADDRESSES:   You may submit comments                  local regulation would establish two
                                                  Conshohocken, PA 19428; http://                         identified by docket number USCG–                     separate regulated areas, a race area and
                                                  www.astm.org/cpsc.htm. You may                          2017–0334 using the Federal                           a spectator area. Within the race area, all
                                                  inspect a copy at the Office of the                     eRulemaking Portal at http://                         persons and vessels, except those
                                                  Secretary, U.S. Consumer Product                        www.regulations.gov. See the ‘‘Public                 persons and vessels participating in the
                                                  Safety Commission, Room 820, 4330                       Participation and Request for                         high-speed water ski races, are
                                                  East West Highway, Bethesda, MD                         Comments’’ portion of the                             prohibited from entering, transiting
                                                  20814, telephone 301–504–7923, or at                    SUPPLEMENTARY INFORMATION section for                 through, anchoring in, or remaining
                                                  the National Archives and Records                       further instructions on submitting                    within. Within the spectator area, all
                                                  Administration (NARA). For                              comments.                                             vessels are prohibited from anchoring
                                                  information on the availability of this                                                                       and are required to transit at the
                                                  material at NARA, call 202–741–6030,                    FOR FURTHER INFORMATION CONTACT:     If               minimum speed necessary to maintain
                                                  or go to: http://www.archives.gov/                      you have questions about this proposed                course, minimizing vessels wake, unless
                                                  federal_register/code_of_                               rulemaking, call or email Petty Officer               authorized by the Captain of the Port
                                                  federalregulations/ibr_locations.html.                  Zachary Spence, Sector Puget Sound                    Puget Sound or a Designated
                                                    Dated: May 15, 2017.                                  Waterways Management Branch, U.S.                     Representative. The regulatory text we
                                                  Todd A. Stevenson,
                                                                                                          Coast Guard; telephone 206–217–6051,                  are proposing appears at the end of this
                                                                                                          email SectorPugetSoundWWM@                            document.
                                                  Secretary, Consumer Product Safety
                                                  Commission.
                                                                                                          uscg.mil.
                                                                                                                                                                IV. Regulatory Analyses
                                                  [FR Doc. 2017–10044 Filed 5–18–17; 8:45 am]             SUPPLEMENTARY INFORMATION:
                                                  BILLING CODE 6355–01–P
                                                                                                                                                                  We developed this proposed rule after
                                                                                                          I. Table of Abbreviations                             considering numerous statutes and
                                                                                                          CFR Code of Federal Regulations
                                                                                                                                                                Executive orders related to rulemaking.
                                                                                                          DHS Department of Homeland Security
                                                                                                                                                                Below we summarize our analyses
                                                  DEPARTMENT OF HOMELAND                                                                                        based on a number of these statutes and
                                                  SECURITY                                                FR Federal Register
                                                                                                          NPRM Notice of proposed rulemaking                    Executive orders and we discuss First
                                                  Coast Guard                                             § Section                                             Amendment rights of protestors.
                                                                                                          U.S.C. United States Code                             A. Regulatory Planning and Review
                                                  33 CFR Part 100
                                                                                                          II. Background, Purpose, and Legal                       E.O.s 12866 (‘‘Regulatory Planning
                                                  [Docket Number USCG–2017–0334]                          Basis                                                 and Review’’) and 13563 (‘‘Improving
                                                                                                                                                                Regulation and Regulatory Review’’)
                                                  RIN 1625–AA08                                             On December 8, 2016, Overload                       direct agencies to assess the costs and
                                                                                                          Productions notified the Coast Guard                  benefits of available regulatory
                                                  Special Local Regulation;                               that it intends on conducting a high                  alternatives and, if regulation is
                                                  Commencement Bay, Tacoma, WA                            speed water ski race on Commencement                  necessary, to select regulatory
                                                  AGENCY:   Coast Guard, DHS.                             Bay. Approximately 40 motor boats and                 approaches that maximize net benefits
                                                                                                          water skiers will be participating in the             including potential economic,
                                                  ACTION:   Notice of proposed rulemaking.                races and operating at high speeds with               environmental, public health and safety
                                                  SUMMARY:   The Coast Guard proposes to                  limited maneuverability, which poses a                effects, distributive impacts, and equity.
                                                  establish a temporary special local                     significant hazard to race participants               Executive Order 13563 emphasizes the
                                                  regulation for certain waters of                        and other boaters. In addition the event              importance of quantifying both costs
                                                  Commencement Bay for the 2017 World                     sponsors anticipate a potential small                 and benefits, of reducing costs, of
                                                  Water Ski Racing Championships. This                    number of on-water spectators to be                   harmonizing rules, and of promoting
                                                  action is necessary to safeguard                        present during the races.                             flexibility. Executive Order 13771
                                                  participants and spectators from the                      The purpose of this rulemaking is to                (‘‘Reducing Regulation and Controlling
                                                  hazards associated with race events and                 ensure the safety of vessels and                      Regulatory Costs’’), directs agencies to
                                                  to ensure public safety during the                      participants in the race as well as                   reduce regulation and control regulatory
                                                  duration of the events on                               spectators and the maritime public. The               costs and provides that ‘‘for every one
                                                  Commencement Bay near Tacoma, WA,                       rulemaking would accomplish this                      new regulation issued, at least two prior
                                                  during the 2017 World Water Ski Racing                  purpose by establishing two regulated                 regulations be identified for elimination,
                                                  Championships on July 29, 31, and                       areas before, during, and after the                   and that the cost of planned regulations
                                                  August 2, 2017. This special local                      scheduled event, one for race                         be prudently managed and controlled
                                                  regulation prohibits non-participant                    participants, and one for spectators and              through a budgeting process.’’
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  persons and vessels from entering,                      the maritime public. Many factors                        The Office of Management and Budget
                                                  transiting through, anchoring in, or                    amplify the potential hazards of the                  (OMB) has not designated this proposed
                                                  remaining within the race area and                      race, including limited maneuverability               rule a significant regulatory action
                                                  prohibits vessels from transiting at                    of the race participants, commercial                  under section 3(f) of Executive Order
                                                  speeds that cause wake within the                       vessel traffic, and the number of local               12866. Accordingly, OMB has not
                                                  spectator area unless authorized by the                 recreational and fishing vessels. The                 reviewed it.
                                                  Captain of the Port Puget Sound or a                    Coast Guard proposes this rulemaking                     As this proposed rule is not a
                                                  Designated Representative. We invite                    under authority in 33 U.S.C. 1233.                    significant regulatory action, this rule is


                                             VerDate Sep<11>2014   18:29 May 18, 2017   Jkt 241001   PO 00000   Frm 00031   Fmt 4702   Sfmt 4702   E:\FR\FM\19MYP1.SGM   19MYP1


                                                                             Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Proposed Rules                                           22935

                                                  exempt from the requirements of                         C. Collection of Information                          involves a special local regulation
                                                  Executive Order 13771. See OMB’s                          This proposed rule would not call for               lasting for nine hours on each day the
                                                  Memorandum titled ‘‘Interim Guidance                    a new collection of information under                 event occurs and would prohibit entry
                                                  Implementing Section 2 of the Executive                 the Paperwork Reduction Act of 1995                   into the race area and restrict movement
                                                  Order of January 30, 2017 titled                        (44 U.S.C. 3501–3520).                                within the spectator area. Normally
                                                  ‘Reducing Regulation and Controlling                                                                          such actions are categorically excluded
                                                  Regulatory Costs’ ’’ (February 2, 2017).                D. Federalism and Indian Tribal                       from further review under section 2.B.2,
                                                     This regulatory action determination                 Governments                                           and figure 2–1, paragraph 34(h) of the
                                                  is based on the size, location, duration,                  A rule has implications for federalism             Instruction. Paragraph 34(h) pertains to
                                                  and time-of-day of the Special Local                    under Executive Order 13132,                          special local regulations issued in
                                                  Regulation. Vessel traffic would be able                Federalism, if it has a substantial direct            conjunction with a regatta or marine
                                                  to safely transit around race area or                   effect on the States, on the relationship             parade. This rule is categorically
                                                  through the spectator area which would                  between the national government and                   excluded from further review under
                                                  only impact a small designated area of                  the States, or on the distribution of                 paragraph 34(h) of Figure 2–1 of the
                                                  Commencement Bay for less than nine                     power and responsibilities among the                  Commandant Instruction. A preliminary
                                                  hours during the days of event.                         various levels of government. We have                 Record of Environmental Consideration
                                                  Moreover, the Coast Guard would issue                   analyzed this proposed rule under that                (REC) supporting this determination is
                                                  a Broadcast Notice to Mariners via                      Order and have determined that it is                  available in the docket where indicated
                                                  VHF–FM marine channel 16 about the                      consistent with the fundamental                       under the ADDRESSES section of this
                                                  regulated areas.                                        federalism principles and preemption                  preamble. We seek any comments or
                                                  B. Impact on Small Entities                             requirements described in Executive                   information that may lead to the
                                                                                                          Order 13132.                                          discovery of a significant environmental
                                                     The Regulatory Flexibility Act of                       Also, this proposed rule does not have             impact from this proposed rule.
                                                  1980, 5 U.S.C. 601–612, as amended,                     tribal implications under Executive
                                                  requires Federal agencies to consider                                                                         G. Protest Activities
                                                                                                          Order 13175, Consultation and
                                                  the potential impact of regulations on                  Coordination with Indian Tribal                         The Coast Guard respects the First
                                                  small entities during rulemaking. The                   Governments, because it would not have                Amendment rights of protesters.
                                                  term ‘‘small entities’’ comprises small                 a substantial direct effect on one or                 Protesters are asked to contact the
                                                  businesses, not-for-profit organizations                more Indian tribes, on the relationship               person listed in the FOR FURTHER
                                                  that are independently owned and                        between the Federal Government and                    INFORMATION CONTACT section to
                                                  operated and are not dominant in their                  Indian tribes, or on the distribution of              coordinate protest activities so that your
                                                  fields, and governmental jurisdictions                  power and responsibilities between the                message can be received without
                                                  with populations of less than 50,000.                   Federal Government and Indian tribes.                 jeopardizing the safety or security of
                                                  The Coast Guard certifies under 5 U.S.C.                If you believe this proposed rule has                 people, places, or vessels.
                                                  605(b) that this proposed rule would not                implications for federalism or Indian
                                                  have a significant economic impact on                                                                         V. Public Participation and Request for
                                                                                                          tribes, please contact the person listed              Comments
                                                  a substantial number of small entities.                 in the FOR FURTHER INFORMATION
                                                     While some owners or operators of                    CONTACT section.                                         We view public participation as
                                                  vessels intending to transit the safety                                                                       essential to effective rulemaking, and
                                                  zone may be small entities, for the                     E. Unfunded Mandates Reform Act                       will consider all comments and material
                                                  reasons stated in section IV.A above this                  The Unfunded Mandates Reform Act                   received during the comment period.
                                                  proposed rule would not have a                          of 1995 (2 U.S.C. 1531–1538) requires                 Your comment can help shape the
                                                  significant economic impact on any                      Federal agencies to assess the effects of             outcome of this rulemaking. If you
                                                  vessel owner or operator.                               their discretionary regulatory actions. In            submit a comment, please include the
                                                     If you think that your business,                     particular, the Act addresses actions                 docket number for this rulemaking,
                                                  organization, or governmental                           that may result in the expenditure by a               indicate the specific section of this
                                                  jurisdiction qualifies as a small entity                State, local, or tribal government, in the            document to which each comment
                                                  and that this rule would have a                         aggregate, or by the private sector of                applies, and provide a reason for each
                                                  significant economic impact on it,                      $100,000,000 (adjusted for inflation) or              suggestion or recommendation.
                                                  please submit a comment (see                            more in any one year. Though this                        We encourage you to submit
                                                  ADDRESSES) explaining why you think it                  proposed rule would not result in such                comments through the Federal
                                                  qualifies and how and to what degree                    an expenditure, we do discuss the                     eRulemaking Portal at http://
                                                  this rule would economically affect it.                 effects of this rule elsewhere in this                www.regulations.gov. If your material
                                                     Under section 213(a) of the Small                    preamble.                                             cannot be submitted using http://
                                                  Business Regulatory Enforcement                                                                               www.regulations.gov, contact the person
                                                  Fairness Act of 1996 (Pub. L. 104–121),                 F. Environment                                        in the FOR FURTHER INFORMATION
                                                  we want to assist small entities in                       We have analyzed this proposed rule                 CONTACT section of this document for
                                                  understanding this proposed rule. If the                under Department of Homeland                          alternate instructions.
                                                  rule would affect your small business,                  Security Management Directive 023–01                     We accept anonymous comments. All
                                                  organization, or governmental                           and Commandant Instruction                            comments received will be posted
                                                  jurisdiction and you have questions                     M16475.lD, which guide the Coast                      without change to http://
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  concerning its provisions or options for                Guard in complying with the National                  www.regulations.gov and will include
                                                  compliance, please contact the person                   Environmental Policy Act of 1969 (42                  any personal information you have
                                                  listed in the FOR FURTHER INFORMATION                   U.S.C. 4321–4370f), and have made a                   provided. For more about privacy and
                                                  CONTACT section. The Coast Guard will                   preliminary determination that this                   the docket, you may review a Privacy
                                                  not retaliate against small entities that               action is one of a category of actions that           Act notice regarding the Federal Docket
                                                  question or complain about this                         do not individually or cumulatively                   Management System in the March 24,
                                                  proposed rule or any policy or action of                have a significant effect on the human                2005, issue of the Federal Register (70
                                                  the Coast Guard.                                        environment. This proposed rule                       FR 15086).


                                             VerDate Sep<11>2014   18:29 May 18, 2017   Jkt 241001   PO 00000   Frm 00032   Fmt 4702   Sfmt 4702   E:\FR\FM\19MYP1.SGM   19MYP1


                                                  22936                      Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Proposed Rules

                                                    Documents mentioned in this NPRM                      (COTP) in the enforcement of the                      ENVIRONMENTAL PROTECTION
                                                  as being available in the docket, and all               regulated areas identified in paragraph               AGENCY
                                                  public comments, will be in our online                  (a)(1) and (a)(2) of this section.
                                                  docket at http://www.regulations.gov                                                                          40 CFR Part 52
                                                                                                             Patrol Vessel means any Coast Guard
                                                  and can be viewed by following that                     vessel, Coast Guard Auxiliary vessel, or              [EPA–R06–OAR–2017–0129; FRL–9961–28–
                                                  Web site’s instructions. Additionally, if               other federal, state or local law                     Region 6]
                                                  you go to the online docket and sign up                 enforcement vessel.
                                                  for email alerts, you will be notified                                                                        Approval and Promulgation of
                                                  when comments are posted or a final                        (c) Special Local Regulations. (1) All             Implementation Plans; Louisiana;
                                                  rule is published.                                      persons and vessels, except those                     Regional Haze State Implementation
                                                                                                          persons and vessels participating in the              Plan
                                                  List of Subjects in 33 CFR Part 100                     high-speed water ski races, are
                                                    Marine safety, Navigation (water),                    prohibited from entering, transiting                  AGENCY:  Environmental Protection
                                                  Reporting and recordkeeping                             through, anchoring in, or remaining                   Agency (EPA).
                                                  requirements, Waterways.                                within the race area.                                 ACTION: Proposed rule.

                                                    For the reasons discussed in the                         (2) All persons and vessels entering,              SUMMARY:    Pursuant to the Federal Clean
                                                  preamble, the Coast Guard proposes to                   exiting, or moving within the spectator               Air Act (CAA or the Act), the
                                                  amend 33 CFR part 100 as follows:                       area must operate at speeds, which will               Environmental Protection Agency (EPA)
                                                                                                          create a minimum wake, and will not                   is proposing to approve a portion of a
                                                  PART 100—SAFETY OF LIFE ON                              exceed seven knots. The maximum                       revision to the Louisiana State
                                                  NAVIGABLE WATERS                                        speed may be reduced at the discretion                Implementation Plan (SIP) submitted by
                                                                                                          of the Patrol Commander.                              the State of Louisiana through the
                                                  ■ 1. The authority citation for part 100                                                                      Louisiana Department of Environmental
                                                  continues to read as follows:                              (3) A succession of sharp, short
                                                                                                                                                                Quality (LDEQ) on February 10, 2017,
                                                                                                          signals by whistle or horn from a Patrol
                                                      Authority: 33 U.S.C. 1233.                                                                                that addresses regional haze
                                                                                                          Vessel will serve as a signal to stop.                requirements for the first planning
                                                  ■ 2. Add § 100.T13–0334 to read as                      Vessels signaled must stop and comply
                                                  follows:                                                                                                      period. LDEQ submitted this SIP
                                                                                                          with the orders of the Patrol Vessel.                 revision to address deficiencies
                                                  § 100.T13–0334 Special Local Regulation;                Failure to do so may result in expulsion              identified by the EPA in a previous
                                                  Commencement Bay, Tacoma, WA                            from the area, citation for failure to                action. The EPA is proposing to approve
                                                     (a) Location. The special local                      comply, or both.                                      the majority of the SIP revision, which
                                                  regulations found in paragraph (c) apply                   (4) Persons and vessels desiring to                addresses the CAA requirement that
                                                  in the following areas.                                 enter, transit through, anchor in, remain             certain categories of existing major
                                                     (1) Race Area. All waters of                         within or transit in excess of wake                   stationary sources built between 1962
                                                  Commencement Bay encompassed                            speed within any of the regulated areas               and 1977 procure and install the Best
                                                  within an imaginary line connecting the                 must contact the Captain of the Port                  Available Retrofit Technology (BART),
                                                  following coordinates: Starting at point                Puget Sound by telephone at (206) 217–                while deferring action on LDEQ’s BART
                                                  1 in position 47°18′9.6″ N., 122°30′23.6″               6002, or a designated representative via              determination for a single facility.
                                                  W.; thence northeast to Point 2 in                      VHF–FM radio on channel 16 to request                 Specifically, the EPA is proposing to
                                                  position 47°18′15.2″ N., 122°30′14.4″                   authorization. If authorization is                    approve most of LDEQ’s BART
                                                  W.; thence east to Point 3 in position                  granted, all persons and vessels                      evaluations and conclusions for
                                                  47°18′15.2″ N., 122°28′46.7″ W.; thence                 receiving such authorization must                     Louisiana’s BART-eligible electric
                                                  south to Point 4 in position 47°17′20.1″                comply with the instructions of the                   generating unit (EGU) sources and to
                                                  N., 122°28′46.9″ W.; thence southwest to                Captain of the Port Puget Sound or a                  approve LDEQ’s sulfur-dioxide (SO2)
                                                  Point 5 in position 47°17′5.5″ N.,                      designated representative.                            and particulate-matter (PM) emission
                                                  122°29′6.4″ W.; thence northwest back                                                                         limits for those sources that are subject
                                                                                                             (d) Notice of Enforcement. The Coast               to BART. The EPA is also proposing to
                                                  to origin.
                                                                                                          Guard will provide notice of the                      approve Louisiana’s reliance on the
                                                     (2) Spectator Area. All waters of
                                                                                                          enforcement of this Special Local                     Cross-State Air Pollution Rule (CSAPR)
                                                  Commencement Bay encompassed
                                                                                                          Regulation by all appropriate means to                trading program for ozone-season
                                                  within an imaginary line connecting the
                                                                                                          ensure the widest dissemination among                 nitrogen oxides (NOX) as a permissible
                                                  following points: Starting at Point 1 in
                                                  position 47°18′15.2″ N., 122°28′46.7″                   the public, as practicable; such means of             alternative to source-specific NOX BART
                                                  W.; thence east to Point 2 in position                  notification may include but are not                  emission limits. This action is being
                                                  47°17′20.1″ N., 122°28′46.9″ W.; thence                 limited to, Broadcast Notice to Mariners,             taken under sections 110 and 169A of
                                                  south to Point 3 in position 47°17′19.8″                Local Notice to Mariners, and by on-                  the CAA.
                                                  N., 122°28′38.1″ W.; thence west to                     scene designated representatives.                     DATES: Written comments must be
                                                  Point 4 in position 47°18′15.5″ N.,                        (e) Enforcement Period. This rule is               received on or before June 19, 2017.
                                                  122°28′46.1″ W.; thence north back to                   effective from 9 a.m. to 6 p.m. on July               ADDRESSES: Submit your comments,
                                                  origin.                                                 29, 31, and August 2, 2017, unless                    identified by Docket No. EPA–R06–
                                                     (b) Definitions. For the purpose of this             cancelled sooner by the Captain of the                OAR–2017–0129, at http://
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  section the following definitions apply:                Port Puget Sound.                                     www.regulations.gov or via email to R6_
                                                     Designated representative means a                      Dated: May 5, 2017.
                                                                                                                                                                LA_BART@epa.gov. Follow the online
                                                  Coast Guard Patrol Commander,                                                                                 instructions for submitting comments.
                                                  including a Coast Guard coxswain, petty                 B.C. McPherson,                                       Once submitted, comments cannot be
                                                  officer, or other officer operating a Coast             CAPT, U.S. Coast Guard, Acting Commander,             edited or removed from Regulations.gov.
                                                  Guard vessel and a Federal, State, and                  Thirteenth Coast Guard District.                      The EPA may publish any comment
                                                  local officer designated by or assisting                [FR Doc. 2017–10212 Filed 5–18–17; 8:45 am]           received to its public docket. Do not
                                                  the Captain of the Port Puget Sound                     BILLING CODE 9110–04–P                                submit electronically any information


                                             VerDate Sep<11>2014   18:29 May 18, 2017   Jkt 241001   PO 00000   Frm 00033   Fmt 4702   Sfmt 4702   E:\FR\FM\19MYP1.SGM   19MYP1



Document Created: 2018-11-08 08:48:12
Document Modified: 2018-11-08 08:48:12
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 June 19, 2017.
ContactIf you have questions about this proposed rulemaking, call or email Petty Officer Zachary Spence, Sector Puget Sound Waterways Management Branch, U.S. Coast Guard; telephone 206-217-6051, email [email protected]
FR Citation82 FR 22934 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR