82 FR 28770 - Special Local Regulation; Zimovia Strait, Wrangell, AK
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 121 (June 26, 2017)
Coast Guard
Federal Register Volume 82, Issue 121 (June 26, 2017)
| Page Range | 28770-28772 | |
| FR Document | 2017-13208 |
[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)] [Rules and Regulations] [Pages 28770-28772] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13208] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2017-0223] RIN 1625-AA08 Special Local Regulation; Zimovia Strait, Wrangell, AK AGENCY: Coast Guard, DHS. [[Page 28771]] ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish a temporary special local regulation to enable vessel movement restrictions for certain waters of the Zimovia Strait. This action is necessary to provide for the safety of life on these navigable waters near Wrangell Harbor during power boat races on July 4, 2017. This regulation would prohibit persons and vessels from transiting through, mooring, or anchoring within the specified race area unless authorized by the Captain of the Port Southeast Alaska or a designated representative. DATES: This rule is effective from 3 p.m. on July 4, 2017 through 7 p.m. on July 4, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2017-0223 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, call or email LT Kristi Sloane, Sector Juneau, Waterways Management Division, Coast Guard: telephone 907-463-2846, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations Sec. Section U.S.C. United States Code COTP Captain of the Port II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it would be impracticable. The Wrangell Chamber of Commerce will be conducting power boat races from 3 p.m. to 7 p.m. on July 4, 2017 for the Wrangell 4th of July Celebration. The boat races will be taking place approximately 100 yards off of the city dock in Wrangell, AK. The event organizers did not finalize the location of the power boat races in sufficient time for the Coast Guard to solicit public comments. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable for the reasons described above. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1233. The Commander, Seventeenth District has determined that potential risks of collision, allision, and wake damage associated with power boat racing will be a safety concern for any vessels (other than the participants) entering the race course. Boat races typically result in vessel and spectator congestion in the proximity of the race course. Vessel movement restrictions are necessary to ensure spectators remain an adequate distance from the specified race area thereby providing unencumbered access for emergency response craft in the event of a race-related emergency. This rule establishes a specified race area and ensurse the safety of this marine event by prohibiting persons and vessel operators from entering, transiting or remaining within the designated race zone during times of enforcement. IV. Discussion of the Rule This rule establishes a special local regulation to restrict vessel movement within the race area from 3 p.m. to 7 p.m. on July 4, 2017 to include Wrangell Harbor entrance and an area extending north along the shoreline approximately 600 yards. No vessel or person would be permitted to enter the special local regulation without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review E.O.s 12866 (``Regulatory Planning and Review'') and 13563 (``Improving Regulation and Regulatory Review'') direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and equity. E.O.13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (``Reducing Regulation and Controlling Regulatory Costs''), directs agencies to reduce regulation and control regulatory costs and provides that ``for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.'' The Office of Management and Budget (OMB) has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget (OMB) has not reviewed it. 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 the proposed race area which would impact a small designated area in Wrangell Harbor for 4 hours. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the race area, and the rule would allow vessels to seek permission to enter the race area. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 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 race area may be small entities, for the reasons stated in section V.A above this rule would not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person [[Page 28772]] listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule 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 rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such 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 determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves implementation of a special local regulation lasting 4 hours that would prohibit entry within 100 yards of the event area. It is categorically excluded from further review under paragraph 34(h) of Figure 2-1 of Commandant Instruction M16475.lD. A Record of Environmental Consideration (REC) supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS 0 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C 1233. 0 2. Add Sec. 100.35T17-0223 to read as follows: Sec. 100.35T17-0223 Special Local Regulation; Wrangell 4th of July Celebration Boat Races, Wrangell, AK. (a) Regulated area. The following area is specified as a race area: All waters of Zimovia Straits, Wrangell, AK North of Wrangell Harbor entrance connecting the following points: 56[deg]28.055 N., 132[deg]23.154 W., and 56[deg]28.077 N., 132[deg]23.074 W., until reaching the northwestern most end of Wrangell City pier at a line connecting the following points: 56[deg]28.299 N., 132[deg]23.454 W., and 56[deg]28.276 N., 132[deg]23.495 W. (b) Regulations. In accordance with the general regulations in 33 CFR part 100, the regulated area shall be closed immediately prior to, during and immediately after the event to all persons and vessels not participating in the event and authorized by the event sponsor. (c) Authorization. All persons or vessels who desire to enter the designated race area created in this section while it is enforced must obtain permission from the on-scene patrol craft on VHF Ch 9. (d) Enforcement period. This section will be enforced from 3 p.m. to 7 p.m. on July 4, 2017. Dated: June 15, 2017. M.F. McAllister, Commander, RADM, U.S. Coast Guard, Seventeenth Coast Guard District. [FR Doc. 2017-13208 Filed 6-23-17; 8:45 am] BILLING CODE 9110-04-P
![28770 Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Rules and Regulations
time to time, the authority to disclose to (c) Nothing in this section may Division of Enforcement, or such other
an official of any registered entity, swap prohibit the Commission, at its election, employee or employees as the Director
execution facility, swap data repository, from exercising the authority delegated may designate from time to time, the
registered futures association, or self- to the Director of the Division of authority:
regulatory organization as defined in Enforcement under paragraph (a) of this (i) In paragraph (b)(8)(iv) of this
section 3(a)(26) of the Securities section. section to call for additional information
Exchange Act of 1934, any information ■ 25. Revise § 140.97 to read as follows: from a person claiming the exemption
necessary or appropriate to effectuate in paragraph (b)(8) of this section.
the purposes of the Act, including, but § 140.97 Delegation of authority regarding (ii) In paragraph (c)(3) of this section
not limited to, the full facts concerning requests for classification of positions as to call for additional information from a
any transaction or market operation, bona fide hedging. person claiming an aggregation
including the names of the parties (a) The Commodity Futures Trading exemption under this section.
thereto. This authority to disclose shall Commission hereby delegates, until (2) The Commission hereby delegates,
be based on a determination that the such time as the Commission orders until it orders otherwise, to the Director
transaction or market operation disrupts otherwise, to the Director of the of the Office of Data and Technology,
or tends to disrupt any market or is Division of Enforcement, or such other with the concurrence of the Director of
otherwise harmful or against the best employee or employees as the Director the Division of Enforcement, or such
interests of producers, consumers, or may designate from time to time, all other employee or employees as the
investors or that disclosure is necessary functions reserved to the Commission in Directors each may designate from time
or appropriate to effectuate the purposes §§ 1.47 and 1.48 of this chapter. to time, the authority in paragraph (d)
of the Act. (b) The Director of the Division of of this section to provide instructions or
* * * * * Enforcement may submit any matter determine the format, coding structure,
which has been delegated to the and electronic data transmission
■ 23. In § 140.73, revise paragraph (a)
Director under paragraph (a) of this procedures for submitting data records
introductory text to read as follows:
section to the Commission for its and any other information required
§ 140.73 Delegation of authority to consideration. under this part.
disclose information to United States, (c) Nothing in this section may (3) The Directors of the Division of
States, and foreign government agencies prohibit the Commission, at its election, Enforcement and the Office of Data and
and foreign futures authorities. from exercising the authority delegated Technology may submit to the
(a) Pursuant to sections 2(a)(11), 8a(5) to the Director of the Division of Commission for its consideration any
and 8(e) of the Act, the Commission Enforcement under paragraph (a) of this matter which has been delegated in this
hereby delegates, until such time as the section. section.
Commission orders otherwise, to the (4) Nothing in this section prohibits
General Counsel, the Director of the PART 150—LIMITS ON POSITIONS the Commission, at its election, from
Division of Enforcement, the Director of exercising the authority delegated in
the Division of Market Oversight, the ■ 26. The authority citation for part 150 this section.
Director of the Division of Swap Dealer is revised to read as follows:
Issued in Washington, DC, on June 20,
and Intermediary Oversight, the Director Authority: 7 U.S.C. 6a, 6c, and 12a(5). 2017, by the Commission.
of the Division of Clearing and Risk, the ■ 27. In § 150.3, revise paragraph (b) to Christopher J. Kirkpatrick,
Chief Economist of the Office of the read as follows: Secretary of the Commission.
Chief Economist, the Director of the
Office of International Affairs, or such § 150.3 Exemptions. Note: The following appendix will not
other employee or employees as the appear in the Code of Federal Regulations.
* * * * *
General Counsel, Chief Economist or (b) Call for information. Upon call by
the Commission or the Director of the Appendix to Commission Delegated
Directors listed in this section each may
Division of Enforcement, or such other Authority Provisions and Technical
designate from time to time the
employee or employees as the Director Amendments—Commission Voting
authority to furnish information in the
may designate from time to time, any Summary
possession of the Commission obtained
in connection with the administration of person claiming an exemption from On this matter, Acting Chairman Giancarlo
the Act, upon written request, to: speculative position limits under this and Commissioner Bowen voted in the
section must provide to the Commission affirmative. No Commissioner voted in the
* * * * * negative.
■ 24. Revise § 140.74 to read as follows: or the Division of Enforcement such
information as specified in the call [FR Doc. 2017–13243 Filed 6–23–17; 8:45 am]
§ 140.74 Delegation of authority to issue relating to the positions owned or BILLING CODE 6351–01–P
special calls for Series 03 Reports. controlled by that person; trading done
(a) The Commodity Futures Trading pursuant to the claimed exemption; the
Commission hereby delegates, until futures, options or cash market DEPARTMENT OF HOMELAND
such time as the Commission orders positions which support the claim of SECURITY
otherwise, to the Director of the exemption; and the relevant business
Division of Enforcement, or such other relationships supporting a claim of Coast Guard
employee or employees as the Director exemption.
may designate from time to time, the ■ 28. In § 150.4, revise paragraph (e) to
33 CFR Part 100
sradovich on DSK3GMQ082PROD with RULES
authority to issue special calls for series read as follows: [Docket Number USCG–2017–0223]
03 reports under § 18.00 of this chapter.
(b) The Director of the Division of § 150.4 Aggregation of positions. RIN 1625–AA08
Enforcement may submit any matter * * * * * Special Local Regulation; Zimovia
which has been delegated to the (e) Delegation of authority. (1) The
Strait, Wrangell, AK
Director under this section to the Commission hereby delegates, until it
Commission for its consideration. orders otherwise, to the Director of the AGENCY: Coast Guard, DHS.
VerDate Sep<11>2014 16:07 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\26JNR1.SGM 26JNR1](https://thefederalregister.org/doc/82_FR_28891/page/1.svg)
![28772 Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Rules and Regulations
listed in the FOR FURTHER INFORMATION will not result in such an expenditure, 132°23.154 W., and 56°28.077 N.,
CONTACT section. we do discuss the effects of this rule 132°23.074 W., until reaching the
Small businesses may send comments elsewhere in this preamble. northwestern most end of Wrangell City
on the actions of Federal employees pier at a line connecting the following
who enforce, or otherwise determine F. Environment
points: 56°28.299 N., 132°23.454 W.,
compliance with, Federal regulations to We have analyzed this proposed rule and 56°28.276 N., 132°23.495 W.
the Small Business and Agriculture under Department of Homeland (b) Regulations. In accordance with
Regulatory Enforcement Ombudsman Security Management Directive 023–01 the general regulations in 33 CFR part
and the Regional Small Business and Commandant Instruction 100, the regulated area shall be closed
Regulatory Fairness Boards. The M16475.lD, which guide the Coast immediately prior to, during and
Ombudsman evaluates these actions Guard in complying with the National immediately after the event to all
annually and rates each agency’s Environmental Policy Act of 1969 (42 persons and vessels not participating in
responsiveness to small business. If you U.S.C. 4321–4370f), and have the event and authorized by the event
wish to comment on actions by determined that this action is one of a sponsor.
employees of the Coast Guard, call 1– category of actions that do not (c) Authorization. All persons or
888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a vessels who desire to enter the
Coast Guard will not retaliate against significant effect on the human designated race area created in this
small entities that question or complain environment. This rule involves section while it is enforced must obtain
about this rule or any policy or action implementation of a special local permission from the on-scene patrol
of the Coast Guard. regulation lasting 4 hours that would craft on VHF Ch 9.
prohibit entry within 100 yards of the (d) Enforcement period. This section
C. Collection of Information event area. It is categorically excluded will be enforced from 3 p.m. to 7 p.m.
This rule would not call for a new from further review under paragraph on July 4, 2017.
collection of information under the 34(h) of Figure 2–1 of Commandant Dated: June 15, 2017.
Paperwork Reduction Act of 1995 (44 Instruction M16475.lD. A Record of M.F. McAllister,
U.S.C. 3501–3520). Environmental Consideration (REC)
Commander, RADM, U.S. Coast Guard,
D. Federalism and Indian Tribal supporting this determination is Seventeenth Coast Guard District.
Governments available in the docket where indicated
[FR Doc. 2017–13208 Filed 6–23–17; 8:45 am]
under ADDRESSES. We seek any
A rule has implications for federalism comments or information that may lead BILLING CODE 9110–04–P
under Executive Order 13132, to the discovery of a significant
Federalism, if it has a substantial direct environmental impact from this rule.
effect on the States, on the relationship DEPARTMENT OF HOMELAND
between the national government and G. Protest Activities SECURITY
the States, or on the distribution of The Coast Guard respects the First
power and responsibilities among the Coast Guard
Amendment rights of protesters.
various levels of government. We have Protesters are asked to contact the
analyzed this rule under that Order and 33 CFR Part 117
person listed in the FOR FURTHER
have determined that it is consistent INFORMATION CONTACT section to [Docket No. USCG–2017–0523]
with the fundamental federalism coordinate protest activities so that your
principles and preemption requirements message can be received without Drawbridge Operation Regulation;
described in Executive Order 13132. jeopardizing the safety or security of Long Creek, Hempstead, NY
Also, this rule does not have tribal people, places, or vessels. AGENCY: Coast Guard, DHS.
implications under Executive Order
13175, Consultation and Coordination List of Subjects in 33 CFR Part 100 ACTION:Notice of deviation from
with Indian Tribal Governments, Marine safety, Navigation (water), drawbridge regulation.
because it does not have a substantial Reporting and recordkeeping SUMMARY: The Coast Guard has issued a
direct effect on one or more Indian requirements, Waterways. temporary deviation from the operating
tribes, on the relationship between the For the reasons discussed in the schedule that governs the Loop Parkway
Federal Government and Indian tribes, preamble, the Coast Guard amends 33 Bridge across Long Creek, mile 0.7, at
or on the distribution of power and CFR part 100 as follows: Hempstead, New York. This action is
responsibilities between the Federal necessary in order to facilitate an annual
Government and Indian tribes. If you PART 100—SAFETY OF LIFE ON fireworks display. The deviation allows
believe this rule has implications for NAVIGABLE WATERS the bridge to remain in the closed
federalism or Indian tribes, please position for approximately two and one
contact the person listed in the FOR ■ 1. The authority citation for part 100
continues to read as follows: half hours.
FURTHER INFORMATION CONTACT section.
DATES: This deviation is effective from
Authority: 33 U.S.C 1233.
E. Unfunded Mandates Reform Act 9:30 p.m. on July 8, 2017 to 11:59 p.m.
■ 2. Add § 100.35T17–0223 to read as on July 9, 2017.
The Unfunded Mandates Reform Act
follows: ADDRESSES: The docket for this
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of § 100.35T17–0223 Special Local deviation, USCG–2017–0523 is available
sradovich on DSK3GMQ082PROD with RULES
their discretionary regulatory actions. In Regulation; Wrangell 4th of July at http://www.regulations.gov. Type the
particular, the Act addresses actions Celebration Boat Races, Wrangell, AK. docket number in the ‘‘SEARCH’’ box
that may result in the expenditure by a (a) Regulated area. The following area and click ‘‘SEARCH’’. Click on Open
State, local, or tribal government, in the is specified as a race area: All waters of Docket Folder on the line associated
aggregate, or by the private sector of Zimovia Straits, Wrangell, AK North of with this deviation.
$100,000,000 (adjusted for inflation) or Wrangell Harbor entrance connecting FOR FURTHER INFORMATION CONTACT: If
more in any one year. Though this rule the following points: 56°28.055 N., you have questions on this temporary
VerDate Sep<11>2014 16:07 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\26JNR1.SGM 26JNR1](https://thefederalregister.org/doc/82_FR_28891/page/3.svg)
Document Created: 2018-11-14 10:10:51
Document Modified: 2018-11-14 10:10:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 3 p.m. on July 4, 2017 through 7 p.m. on July 4, 2017. | |
| Contact | If you have questions about this rule, call or email LT Kristi Sloane, Sector Juneau, Waterways Management Division, Coast Guard: telephone 907-463-2846, email D17-SMB-Sector- [email protected] | |
| FR Citation | 82 FR 28770 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR