82_FR_38980 82 FR 38823 - Special Local Regulation, Islamorada Grand Prix of the Seas, Islamorada, FL

82 FR 38823 - Special Local Regulation, Islamorada Grand Prix of the Seas, Islamorada, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 157 (August 16, 2017)

Page Range38823-38825
FR Document2017-17238

The Coast Guard is establishing a special local regulation on the waters of the Atlantic Ocean in the vicinity of Islamorada, FL during the Islamorada Grand Prix of the Seas high-speed boat race. Approximately 70 high-speed boats and personal watercraft are expected to participate in the race, in addition to spectators. The special local regulation is necessary to ensure the safety of race participants, participant vessels, spectators, and the general public on navigable waters of the United States during the event. The special local regulation will establish two regulated areas: a race area and buffer zone; and a spectator area. This special local regulation prohibits non-participant persons and vessels from entering, transiting through, anchoring in, or remaining within the race area or buffer zone and prohibits vessels from transiting in excess of wake speed within the spectator area unless authorized by the Captain of the Port Key West or a designated representative.

Federal Register, Volume 82 Issue 157 (Wednesday, August 16, 2017)
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Rules and Regulations]
[Pages 38823-38825]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17238]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0556]
RIN 1625-AA08


Special Local Regulation, Islamorada Grand Prix of the Seas, 
Islamorada, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a special local regulation on 
the waters of the Atlantic Ocean in the vicinity of Islamorada, FL 
during the Islamorada Grand Prix of the Seas high-speed boat race. 
Approximately 70 high-speed boats and personal watercraft are expected 
to participate in the race, in addition to spectators. The special 
local regulation is necessary to ensure the safety of race 
participants, participant vessels, spectators, and the general public 
on navigable waters of the United States during the event. The special 
local regulation will establish two regulated areas: a race area and 
buffer zone; and a spectator area. This special local regulation 
prohibits non-participant persons and vessels from entering, transiting 
through, anchoring in, or remaining within the race area or buffer zone 
and prohibits vessels from transiting in excess of wake speed within 
the spectator area unless authorized by the Captain of the Port Key 
West or a designated representative.

DATES: This rule is effective from daily from 8 a.m. to 5 p.m. on 
August 19, 2017 through August 20, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0556 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Scott Ledee, Waterways Management Division 
Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305) 292-8768, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 insufficient time remains to publish 
an NPRM and to receive public comments, as the Islamorada Grand Prix 
event will occur before the rulemaking process would be completed. 
Because of the dangers associated with high-speed races in the marine 
environment, the special local regulation is necessary to provide for 
the safety of event participants, spectators, the general public, and 
vessels transiting the event area. For those reasons, it would be 
impracticable to publish an NPRM.
    For the reason discussed above, under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making this

[[Page 38824]]

rule effective less than 30 days after publication in the Federal 
Register.

III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's authority to 
establish special local regulations is 33 U.S.C. 1233. The purpose of 
the rule is to ensure safety of life on the navigable waters of the 
United States during the Islamorada Grand Prix of the Seas high-speed 
race event.

IV. Discussion of the Rule

    This rule establishes a special local regulation that will 
encompass certain waters in the vicinity of Islamorada, Florida, during 
the Islamorada Grand Prix of the Seas high-speed boat race. The special 
local regulation will be enforced daily from 8 a.m. to 5 p.m. on August 
19, 2017 through August 20, 2017. The special local regulation will 
establish the following regulated areas: (1) A race area and buffer 
zone; and (2) a spectator area. Within the race area and buffer zone, 
non-participant persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
area without obtaining permission from the COTP Key West or a 
designated representative. Within the spectator area, all persons and 
vessels are prohibited from traveling in excess of wake speed without 
obtaining permission from the COTP Key West or a designated 
representative.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, remain within, or transit in excess of wake speed 
within the regulated area by contacting the COTP Key West by telephone 
at ((305) 292-8772 or a designated representative via VHF radio on 
channel 16. If authorization is granted by the COTP Key West or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the COTP Key West or 
a designated representative. The Coast Guard will provide notice of the 
regulated areas by Local Notice to Mariners, Broadcast Notice to 
Mariners, or by on-scene designated representatives.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 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 costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 13771 (Reducing Regulation and Controlling Regulatory 
Costs) directs agencies to reduce regulation and control regulatory 
costs and provides that ``for every one new regulation issued, at least 
two prior regulations be identified for elimination, and that the cost 
of planned regulations be prudently managed and controlled through a 
budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not 
a significant regulatory action, this rule is exempt from the 
requirements of Executive Order 13771. See the OMB Memorandum titled 
``Interim Guidance Implementing Section 2 of the Executive Order of 
January 30, 2017 titled `Reducing Regulation and Controlling Regulatory 
Costs''' (February 2, 2017).
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulation will be enforced 
for only nine hours daily, from August 19, 2017 through August 20, 
2017; (2) although persons and vessels may not enter, transit through, 
anchor in, or remain within the race area or buffer zone without 
authorization from the COTP Key West or a designated representative, 
vessel traffic will be able to safely transit around the regulated 
areas; (3) persons and vessels would still be able to enter, transit 
through, anchor in, or remain within the race area and buffer zone or 
transit in excess of wake speed in the spectator zone if authorized by 
the COTP Key West or a designated representative; and (4) the Coast 
Guard will provide advance notice of the special local regulation to 
the local maritime community by Local Notice to Mariners, Broadcast 
Notice to Mariners, or by on-scene designated representatives.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
regulated areas may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of

[[Page 38825]]

power and responsibilities among the various levels of government. We 
have analyzed this rule under that Order and have determined that it is 
consistent with the fundamental federalism principles and preemption 
requirements described in Executive Order 13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a special local regulation that will prohibit non-
participant persons and vessels from entering, transiting through, 
anchoring in, or remaining within a limited race area and will also 
prohibit persons and vessels from transiting at more than wake speed 
within a limited spectator area during a two day race event lasting 
nine hours daily. This rule is categorically excluded from further 
review under paragraph 34(h) of Figure 2-1 of the Commandant 
Instruction. A Record of Environmental Consideration (REC) supporting 
this determination is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 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 a temporary Sec.  100.T07-0556 to read as follows:


Sec.  100.T07-0556  Special Local Regulations; Islamorada Grand Prix of 
the Seas; Islamorada, FL

    (a) Location. The following regulated areas are established as a 
special local regulation. All coordinates are North American Datum 
1983.
    (1) Race Area and Buffer Zone. All waters in the vicinity of 
Islamorada, FL encompassed within an imaginary line connecting the 
following points: Starting at Point 1 in position 24[deg]56.300' N., 
080[deg]34.750' W.; thence west to Point 2 in position 24[deg]55.750' 
N., 080[deg]35.570' W.; thence south to Point 3 in position 
24[deg]55.153' N., 080[deg]35.306' W.; thence east to Point 4 in 
position 24[deg]55.643' N., 080[deg]34.464' W.; thence north back to 
the point of origin in position 24[deg]56.300' N., 080[deg]34.750' W.
    (2) Spectator Area. All waters in the vicinity of Islamorada 
excluding the regulated area, encompassed within an imaginary line 
connecting the following points: Starting at Point 1 in position 
24[deg]56.17' N., 080[deg]35.08' W.; thence west to Point 2 in position 
24[deg]56.02' N., 080[deg]35.30' W.; thence south to Point 3 in 
position 24[deg]55.96' N., 080[deg]35.26' W.; thence east to Point 4 in 
position 24[deg]56.11' N., 080[deg]35.04' W.; thence north back to the 
point of origin in position 24[deg]56.17' N., 080[deg]35.08' 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 Key West in the enforcement of the regulated areas.
    (c) Regulations. (1) All non-participant persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the race area and buffer zone unless authorized by the 
Captain of the Port Key West or a designated representative.
    (2) All persons and vessels are prohibited from transiting in 
excess of wake speed in the spectator area, unless authorized by the 
Captain of the Port Key West or a designated representative.
    (3) 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 may contact the Captain of the Port Key West by 
telephone at (305) 292-8772, or a designated representative via VHF-FM 
radio on channel 16 to request authorization. If authorization is 
granted, all persons and vessels receiving such authorization must 
comply with the instructions of the Captain of the Port Key West or a 
designated representative.
    (4) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, or by on-scene 
designated representatives.
    (d) Enforcement Period. This rule will be enforced daily from 8 
a.m. to 5 p.m. on August 19, 2017 through August 20, 2017.

    Dated: August 10, 2017.
J.A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2017-17238 Filed 8-15-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations                                        38823

                                             decommissioning of the Vivian NDB,                        Authority: 49 U.S.C. 106(f), 106(g); 40103,           buffer zone and prohibits vessels from
                                             and cancellation of the NDB approach.                   40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            transiting in excess of wake speed
                                             The VOR approach was previously                         1959–1963 Comp., p. 389.                                within the spectator area unless
                                             redesigned to use the Vivian NDB when                   § 71.1       [Amended]                                  authorized by the Captain of the Port
                                             the Shreveport VORTAC was changed to                                                                            Key West or a designated representative.
                                             the Belcher VORTAC, but was never                       ■ 2. The incorporation by reference in                  DATES: This rule is effective from daily
                                             noted in the airspace description. This                 14 CFR 71.1 of FAA Order 7400.11A,                      from 8 a.m. to 5 p.m. on August 19,
                                             action enhances the safety and                          Airspace Designations and Reporting                     2017 through August 20, 2017.
                                             management of the standard instrument                   Points, dated August 3, 2016, and
                                                                                                                                                             ADDRESSES: To view documents
                                             approach procedures for IFR operations                  effective September 15, 2016, is
                                                                                                     amended as follows:                                     mentioned in this preamble as being
                                             at the airport.                                                                                                 available in the docket, go to http://
                                                                                                     *     *     *   *     *                                 www.regulations.gov, type USCG–2017–
                                             Regulatory Notices and Analyses
                                                                                                     Paragraph 6005 Class E Airspace Areas                   0556 in the ‘‘SEARCH’’ box and click
                                                The FAA has determined that this                     Extending Upward From 700 Feet or More                  ‘‘SEARCH.’’ Click on Open Docket
                                             regulation only involves an established                 Above the Surface of the Earth.                         Folder on the line associated with this
                                             body of technical regulations for which                 *        *      *      *       *                        rule.
                                             frequent and routine amendments are                     ASW LA E5 Vivian, LA [Amended]                          FOR FURTHER INFORMATION CONTACT: If
                                             necessary to keep them operationally                                                                            you have questions on this rule, call or
                                                                                                     Vivian Airport, LA
                                             current, is non-controversial and                                                                               email Lieutenant Scott Ledee,
                                                                                                       (Lat. 32°51′41″ N., long. 94°00′37″ W.)
                                             unlikely to result in adverse or negative                                                                       Waterways Management Division Chief,
                                                                                                       That airspace extending upward from 700
                                             comments. It, therefore: (1) Is not a                                                                           Sector Key West, FL, U.S. Coast Guard;
                                                                                                     feet above the surface within a 6.3-mile
                                             ‘‘significant regulatory action’’ under                 radius of Vivian Airport.                               telephone (305) 292–8768, email
                                             Executive Order 12866; (2) is not a                                                                             SKWWaterways@uscg.mil.
                                             ‘‘significant rule’’ under DOT                            Issued in Fort Worth, Texas on August 9,
                                                                                                                                                             SUPPLEMENTARY INFORMATION:
                                                                                                     2017.
                                             Regulatory Policies and Procedures (44
                                             FR 11034; February 26, 1979); and (3)                   Walter Tweedy,                                          I. Table of Abbreviations
                                             does not warrant preparation of a                       Acting Manager, Operations Support Group,
                                                                                                     ATO Central Service Center.                             CFR Code of Federal Regulations
                                             regulatory evaluation as the anticipated                                                                        COTP Captain of the Port
                                             impact is so minimal. Since this is a                   [FR Doc. 2017–17254 Filed 8–15–17; 8:45 am]
                                                                                                                                                             DHS Department of Homeland Security
                                             routine matter that will only affect air                BILLING CODE 4910–13–P                                  FR Federal Register
                                             traffic procedures and air navigation, it                                                                       NPRM Notice of proposed rulemaking
                                             is certified that this rule, when                                                                               § Section
                                             promulgated, will not have a significant                DEPARTMENT OF HOMELAND                                  U.S.C. United States Code
                                             economic impact on a substantial                        SECURITY
                                             number of small entities under the                                                                              II. Background Information and
                                             criteria of the Regulatory Flexibility Act.             Coast Guard                                             Regulatory History
                                                                                                                                                                The Coast Guard is issuing this
                                             Environmental Review                                    33 CFR Part 100                                         temporary rule without prior notice and
                                                The FAA has determined that this                     [Docket Number USCG–2017–0556]                          opportunity to comment pursuant to
                                             action qualifies for categorical exclusion                                                                      authority under section 4(a) of the
                                                                                                     RIN 1625–AA08                                           Administrative Procedure Act (APA) (5
                                             under the National Environmental
                                             Policy Act in accordance with FAA                                                                               U.S.C. 553(b)). This provision
                                                                                                     Special Local Regulation, Islamorada
                                             Order 1050.1F, ‘‘Environmental                                                                                  authorizes an agency to issue a rule
                                                                                                     Grand Prix of the Seas, Islamorada, FL
                                             Impacts: Policies and Procedures,’’                                                                             without prior notice and opportunity to
                                             paragraph 5–6.5.a. This airspace action                 AGENCY:       Coast Guard, DHS.                         comment when the agency for good
                                             is not expected to cause any potentially                ACTION:      Temporary final rule.                      cause finds that those procedures are
                                             significant environmental impacts, and                                                                          ‘‘impracticable, unnecessary, or contrary
                                             no extraordinary circumstances exist                    SUMMARY:   The Coast Guard is                           to the public interest.’’ Under 5 U.S.C.
                                             that warrant preparation of an                          establishing a special local regulation on              553(b)(B), the Coast Guard finds that
                                             environmental assessment.                               the waters of the Atlantic Ocean in the                 good cause exists for not publishing a
                                                                                                     vicinity of Islamorada, FL during the                   Notice of Proposed Rulemaking (NPRM)
                                             List of Subjects in 14 CFR Part 71                      Islamorada Grand Prix of the Seas high-                 with respect to this rule because
                                                                                                     speed boat race. Approximately 70 high-                 insufficient time remains to publish an
                                              Airspace, Incorporation by reference,                  speed boats and personal watercraft are                 NPRM and to receive public comments,
                                             Navigation (air).                                       expected to participate in the race, in                 as the Islamorada Grand Prix event will
                                             Adoption of the Amendment                               addition to spectators. The special local               occur before the rulemaking process
                                                                                                     regulation is necessary to ensure the                   would be completed. Because of the
                                               In consideration of the foregoing, the                safety of race participants, participant                dangers associated with high-speed
                                             Federal Aviation Administration                         vessels, spectators, and the general                    races in the marine environment, the
                                             amends 14 CFR part 71 as follows:                       public on navigable waters of the United                special local regulation is necessary to
                                                                                                     States during the event. The special                    provide for the safety of event
pmangrum on DSK3GDR082PROD with RULES




                                             PART 71—DESIGNATION OF CLASS A,                         local regulation will establish two                     participants, spectators, the general
                                             B, C, D, AND E AIRSPACE AREAS; AIR                      regulated areas: a race area and buffer                 public, and vessels transiting the event
                                             TRAFFIC SERVICE ROUTES; AND                             zone; and a spectator area. This special                area. For those reasons, it would be
                                             REPORTING POINTS                                        local regulation prohibits non-                         impracticable to publish an NPRM.
                                                                                                     participant persons and vessels from                       For the reason discussed above, under
                                             ■ 1. The authority citation for 14 CFR                  entering, transiting through, anchoring                 5 U.S.C. 553(d)(3), the Coast Guard finds
                                             part 71 continues to read as follows:                   in, or remaining within the race area or                that good cause exists for making this


                                        VerDate Sep<11>2014   14:37 Aug 15, 2017   Jkt 241001   PO 00000   Frm 00003     Fmt 4700   Sfmt 4700   E:\FR\FM\16AUR1.SGM   16AUR1


                                             38824            Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations

                                             rule effective less than 30 days after                  A. Regulatory Planning and Review                     B. Impact on Small Entities
                                             publication in the Federal Register.                                                                             The Regulatory Flexibility Act of
                                                                                                        Executive Orders 12866 (Regulatory
                                             III. Legal Authority and Need for Rule                  Planning and Review) and 13563                        1980, 5 U.S.C. 601–612, as amended,
                                                                                                     (Improving Regulation and Regulatory                  requires Federal agencies to consider
                                                The legal basis for this rule is the                                                                       the potential impact of regulations on
                                                                                                     Review) direct agencies to assess the
                                             Coast Guard’s authority to establish                                                                          small entities during rulemaking. The
                                                                                                     costs and benefits of available regulatory
                                             special local regulations is 33 U.S.C.                                                                        term ‘‘small entities’’ comprises small
                                                                                                     alternatives and, if regulation is
                                             1233. The purpose of the rule is to                                                                           businesses, not-for-profit organizations
                                                                                                     necessary, to select regulatory
                                             ensure safety of life on the navigable                                                                        that are independently owned and
                                                                                                     approaches that maximize net benefits                 operated and are not dominant in their
                                             waters of the United States during the
                                                                                                     (including potential economic,                        fields, and governmental jurisdictions
                                             Islamorada Grand Prix of the Seas high-
                                                                                                     environmental, public health and safety               with populations of less than 50,000.
                                             speed race event.
                                                                                                     effects, distributive impacts, and                    The Coast Guard certifies under 5 U.S.C.
                                             IV. Discussion of the Rule                              equity). Executive Order 13563                        605(b) that this rule will not have a
                                                                                                     emphasizes the importance of                          significant economic impact on a
                                                This rule establishes a special local                quantifying costs and benefits, reducing
                                             regulation that will encompass certain                                                                        substantial number of small entities.
                                                                                                     costs, harmonizing rules, and promoting                  While some owners or operators of
                                             waters in the vicinity of Islamorada,                   flexibility. Executive Order 13771                    vessels intending to transit the regulated
                                             Florida, during the Islamorada Grand                    (Reducing Regulation and Controlling                  areas may be small entities, for the
                                             Prix of the Seas high-speed boat race.                  Regulatory Costs) directs agencies to                 reasons stated in section V.A above, this
                                             The special local regulation will be                    reduce regulation and control regulatory              rule will not have a significant
                                             enforced daily from 8 a.m. to 5 p.m. on                 costs and provides that ‘‘for every one               economic impact on any vessel owner
                                             August 19, 2017 through August 20,                      new regulation issued, at least two prior             or operator.
                                             2017. The special local regulation will                 regulations be identified for elimination,               Under section 213(a) of the Small
                                             establish the following regulated areas:                and that the cost of planned regulations              Business Regulatory Enforcement
                                             (1) A race area and buffer zone; and (2)                be prudently managed and controlled                   Fairness Act of 1996 (Pub. L. 104–121),
                                             a spectator area. Within the race area                                                                        we want to assist small entities in
                                                                                                     through a budgeting process.’’
                                             and buffer zone, non-participant                                                                              understanding this rule. If the rule
                                             persons and vessels are prohibited from                    The Office of Management and Budget
                                                                                                     (OMB) has not designated this rule a                  would affect your small business,
                                             entering, transiting through, anchoring                                                                       organization, or governmental
                                             in, or remaining within the regulated                   significant regulatory action under
                                                                                                                                                           jurisdiction and you have questions
                                             area without obtaining permission from                  section 3(f) of Executive Order 12866.
                                                                                                                                                           concerning its provisions or options for
                                             the COTP Key West or a designated                       Accordingly, OMB has not reviewed it.
                                                                                                                                                           compliance, please contact the person
                                             representative. Within the spectator                    As this rule is not a significant
                                                                                                                                                           listed in the FOR FURTHER INFORMATION
                                             area, all persons and vessels are                       regulatory action, this rule is exempt
                                                                                                                                                           CONTACT section.
                                             prohibited from traveling in excess of                  from the requirements of Executive                       Small businesses may send comments
                                             wake speed without obtaining                            Order 13771. See the OMB                              on the actions of Federal employees
                                             permission from the COTP Key West or                    Memorandum titled ‘‘Interim Guidance                  who enforce, or otherwise determine
                                             a designated representative.                            Implementing Section 2 of the Executive               compliance with, Federal regulations to
                                                                                                     Order of January 30, 2017 titled                      the Small Business and Agriculture
                                                Persons and vessels may request
                                             authorization to enter, transit through,                ‘Reducing Regulation and Controlling                  Regulatory Enforcement Ombudsman
                                             anchor in, remain within, or transit in                 Regulatory Costs’’’ (February 2, 2017).               and the Regional Small Business
                                             excess of wake speed within the                            The economic impact of this rule is                Regulatory Fairness Boards. The
                                             regulated area by contacting the COTP                   not significant for the following reasons:            Ombudsman evaluates these actions
                                             Key West by telephone at ((305) 292–                    (1) The special local regulation will be              annually and rates each agency’s
                                             8772 or a designated representative via                 enforced for only nine hours daily, from              responsiveness to small business. If you
                                             VHF radio on channel 16. If                             August 19, 2017 through August 20,                    wish to comment on actions by
                                             authorization is granted by the COTP                    2017; (2) although persons and vessels                employees of the Coast Guard, call 1–
                                             Key West or a designated representative,                may not enter, transit through, anchor                888–REG–FAIR (1–888–734–3247). The
                                             all persons and vessels receiving such                  in, or remain within the race area or                 Coast Guard will not retaliate against
                                             authorization must comply with the                      buffer zone without authorization from                small entities that question or complain
                                             instructions of the COTP Key West or a                  the COTP Key West or a designated                     about this rule or any policy or action
                                             designated representative. The Coast                    representative, vessel traffic will be able           of the Coast Guard.
                                             Guard will provide notice of the                        to safely transit around the regulated                C. Collection of Information
                                             regulated areas by Local Notice to                      areas; (3) persons and vessels would
                                                                                                                                                             This rule will not call for a new
                                             Mariners, Broadcast Notice to Mariners,                 still be able to enter, transit through,
                                                                                                                                                           collection of information under the
                                             or by on-scene designated                               anchor in, or remain within the race                  Paperwork Reduction Act of 1995 (44
                                             representatives.                                        area and buffer zone or transit in excess             U.S.C. 3501–3520).
                                                                                                     of wake speed in the spectator zone if
                                             V. Regulatory Analyses                                                                                        D. Federalism and Indian Tribal
                                                                                                     authorized by the COTP Key West or a
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                                               We developed this rule after                          designated representative; and (4) the                Governments
                                             considering numerous statutes and                       Coast Guard will provide advance                         A rule has implications for federalism
                                             Executive Orders related to rulemaking.                 notice of the special local regulation to             under Executive Order 13132,
                                             Below we summarize our analyses                         the local maritime community by Local                 Federalism, if it has a substantial direct
                                             based on a number of these statutes and                 Notice to Mariners, Broadcast Notice to               effect on the States, on the relationship
                                             Executive Orders, and we discuss First                  Mariners, or by on-scene designated                   between the national government and
                                             Amendment rights of protestors.                         representatives.                                      the States, or on the distribution of


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                                                              Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations                                             38825

                                             power and responsibilities among the                    under ADDRESSES. We seek any                          Guard coxswains, petty officers, and
                                             various levels of government. We have                   comments or information that may lead                 other officers operating Coast Guard
                                             analyzed this rule under that Order and                 to the discovery of a significant                     vessels, and Federal, State, and local
                                             have determined that it is consistent                   environmental impact from this rule.                  officers designated by or assisting the
                                             with the fundamental federalism                                                                               Captain of the Port Key West in the
                                                                                                     G. Protest Activities
                                             principles and preemption requirements                                                                        enforcement of the regulated areas.
                                             described in Executive Order 13132.                       The Coast Guard respects the First                    (c) Regulations. (1) All non-
                                                Also, this rule does not have tribal                 Amendment rights of protesters.                       participant persons and vessels are
                                             implications under Executive Order                      Protesters are asked to contact the                   prohibited from entering, transiting
                                             13175, Consultation and Coordination                    person listed in the FOR FURTHER                      through, anchoring in, or remaining
                                             with Indian Tribal Governments,                         INFORMATION CONTACT section to                        within the race area and buffer zone
                                             because it does not have a substantial                  coordinate protest activities so that your            unless authorized by the Captain of the
                                             direct effect on one or more Indian                     message can be received without                       Port Key West or a designated
                                             tribes, on the relationship between the                 jeopardizing the safety or security of                representative.
                                             Federal Government and Indian tribes,                   people, places or vessels.                              (2) All persons and vessels are
                                             or on the distribution of power and                     List of Subjects in 33 CFR Part 100                   prohibited from transiting in excess of
                                             responsibilities between the Federal                                                                          wake speed in the spectator area, unless
                                             Government and Indian tribes. If you                      Marine safety, Navigation (water),
                                                                                                                                                           authorized by the Captain of the Port
                                             believe this rule has implications for                  Reporting and recordkeeping
                                                                                                                                                           Key West or a designated representative.
                                             federalism or Indian tribes, please                     requirements, Waterways.
                                                                                                                                                             (3) Persons and vessels desiring to
                                             contact the person listed in the FOR                      For the reasons discussed in the                    enter, transit through, anchor in, remain
                                             FURTHER INFORMATION CONTACT section                     preamble, the Coast Guard amends 33                   within or transit in excess of wake
                                             above.                                                  CFR part 100 as follows:                              speed within any of the regulated areas
                                             E. Unfunded Mandates Reform Act                         PART 100—SAFETY OF LIFE ON                            may contact the Captain of the Port Key
                                                                                                     NAVIGABLE WATERS                                      West by telephone at (305) 292–8772, or
                                               The Unfunded Mandates Reform Act
                                                                                                                                                           a designated representative via VHF–FM
                                             of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                     ■ 1. The authority citation for part 100              radio on channel 16 to request
                                             Federal agencies to assess the effects of
                                                                                                     continues to read as follows:                         authorization. If authorization is
                                             their discretionary regulatory actions. In
                                                                                                                                                           granted, all persons and vessels
                                             particular, the Act addresses actions                       Authority: 33 U.S.C. 1233.
                                                                                                                                                           receiving such authorization must
                                             that may result in the expenditure by a
                                                                                                     ■ 2. Add a temporary § 100.T07–0556 to                comply with the instructions of the
                                             State, local, or tribal government, in the
                                                                                                     read as follows:                                      Captain of the Port Key West or a
                                             aggregate, or by the private sector of
                                             $100,000,000 (adjusted for inflation) or                                                                      designated representative.
                                                                                                     § 100.T07–0556 Special Local Regulations;
                                             more in any one year. Though this rule                  Islamorada Grand Prix of the Seas;
                                                                                                                                                             (4) The Coast Guard will provide
                                             will not result in such expenditure, we                 Islamorada, FL                                        notice of the regulated areas by Local
                                             do discuss the effects of this rule                        (a) Location. The following regulated              Notice to Mariners, Broadcast Notice to
                                             elsewhere in this preamble.                             areas are established as a special local              Mariners, or by on-scene designated
                                                                                                     regulation. All coordinates are North                 representatives.
                                             F. Environment                                                                                                  (d) Enforcement Period. This rule will
                                                                                                     American Datum 1983.
                                                We have analyzed this rule under                        (1) Race Area and Buffer Zone. All                 be enforced daily from 8 a.m. to 5 p.m.
                                             Department of Homeland Security                         waters in the vicinity of Islamorada, FL              on August 19, 2017 through August 20,
                                             Management Directive 023–01 and                         encompassed within an imaginary line                  2017.
                                             Commandant Instruction M16475.lD,                       connecting the following points:                        Dated: August 10, 2017.
                                             which guide the Coast Guard in                          Starting at Point 1 in position 24°56.300′            J.A. Janszen,
                                             complying with the National                             N., 080°34.750′ W.; thence west to Point              Captain, U.S. Coast Guard, Captain of the
                                             Environmental Policy Act of 1969 (42                    2 in position 24°55.750′ N., 080°35.570′              Port Key West.
                                             U.S.C. 4321–4370f), and have                            W.; thence south to Point 3 in position               [FR Doc. 2017–17238 Filed 8–15–17; 8:45 am]
                                             determined that this action is one of a                 24°55.153′ N., 080°35.306′ W.; thence                 BILLING CODE 9110–04–P
                                             category of actions that do not                         east to Point 4 in position 24°55.643′ N.,
                                             individually or cumulatively have a                     080°34.464′ W.; thence north back to the
                                             significant effect on the human                         point of origin in position 24°56.300′ N.,            ENVIRONMENTAL PROTECTION
                                             environment. This rule involves a                       080°34.750′ W.                                        AGENCY
                                             special local regulation that will                         (2) Spectator Area. All waters in the
                                             prohibit non-participant persons and                    vicinity of Islamorada excluding the                  40 CFR Part 52
                                             vessels from entering, transiting                       regulated area, encompassed within an
                                             through, anchoring in, or remaining                     imaginary line connecting the following               [EPA–R04–OAR–2017–0388; FRL–9966–22–
                                             within a limited race area and will also                                                                      Region 4]
                                                                                                     points: Starting at Point 1 in position
                                             prohibit persons and vessels from                       24°56.17′ N., 080°35.08′ W.; thence west              Air Plan Approval; SC: Standards for
                                             transiting at more than wake speed                      to Point 2 in position 24°56.02′ N.,                  Volatile Organic Compounds and
                                             within a limited spectator area during a                080°35.30′ W.; thence south to Point 3                Oxides of Nitrogen
                                             two day race event lasting nine hours                   in position 24°55.96′ N., 080°35.26′ W.;
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                                             daily. This rule is categorically                       thence east to Point 4 in position                    AGENCY: Environmental Protection
                                             excluded from further review under                      24°56.11′ N., 080°35.04′ W.; thence                   Agency (EPA).
                                             paragraph 34(h) of Figure 2–1 of the                    north back to the point of origin in                  ACTION: Direct final rule.
                                             Commandant Instruction. A Record of                     position 24°56.17′ N., 080°35.08′ W.
                                             Environmental Consideration (REC)                          (b) Definition. The term ‘‘designated              SUMMARY:   The Environmental Protection
                                             supporting this determination is                        representative’’ means Coast Guard                    Agency (EPA) is taking direct final
                                             available in the docket where indicated                 Patrol Commanders, including Coast                    action to approve changes to the South


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Document Created: 2017-08-16 10:27:01
Document Modified: 2017-08-16 10:27:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from daily from 8 a.m. to 5 p.m. on August 19, 2017 through August 20, 2017.
ContactIf you have questions on this rule, call or email Lieutenant Scott Ledee, Waterways Management Division Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305) 292-8768, email [email protected]
FR Citation82 FR 38823 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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