82_FR_42221 82 FR 42050 - Special Local Regulation; Atlantic Ocean, Ft. Lauderdale, FL

82 FR 42050 - Special Local Regulation; Atlantic Ocean, Ft. Lauderdale, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 171 (September 6, 2017)

Page Range42050-42052
FR Document2017-18829

The Coast Guard proposes to establish a recurring special local regulation for navigable waters of the Atlantic Ocean in the vicinity of the Fort Lauderdale for the Grand Prix of the Seas. The Fort Lauderdale Grand Prix of the Seas race course is located east of South Beach Park and North of the Port Everglades inlet. Approximately one hundred high-speed personal watercraft are expected to participate in this annual event. The special local regulation is needed to protect personnel, vessels, and the marine environment from potential hazards during the race event. All vessels and persons in the regulated area must follow the direction of Coast Guard personnel, law enforcement, and race officials. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 171 (Wednesday, September 6, 2017)
[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Proposed Rules]
[Pages 42050-42052]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18829]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0552]
RIN 1625-AA08


Special Local Regulation; Atlantic Ocean, Ft. Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a recurring special 
local regulation for navigable waters of the Atlantic Ocean in the 
vicinity of the Fort Lauderdale for the Grand Prix of the Seas. The 
Fort Lauderdale Grand Prix of the Seas race course is located east of 
South Beach Park and North of the Port Everglades inlet. Approximately 
one hundred high-speed personal watercraft are expected to participate 
in this annual event. The special local regulation is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
during the race event. All vessels and persons in the regulated area 
must follow the direction of Coast Guard personnel, law enforcement, 
and race officials. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 6, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0552 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Mara J. Brown, Sector 
Miami Waterways Management Division, U.S. Coast Guard; telephone (305) 
535-4317, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On June 7, 2017, the company Powerboat P1-USA, LLC notified the 
Coast Guard that it will be conducting the Ft. Lauderdale Grand Prix of 
the Seas annually. This event will occur yearly on one weekend (Friday, 
Saturday, and Sunday) in November. The race course will be located 
directly east of South Beach Park in Ft. Lauderdale, FL. The special 
local regulation is intended to protect personnel, vessels, and the 
marine environment. The Captain of the Port Miami (COTP) has determined 
that potential hazards associated with the high speeds of the 
participants during the races would be a safety concern for anyone who 
would enter the race area.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the established race area, marked with 
buoys. The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1233.

III. Discussion of Proposed Rule

    The COTP proposes to establish a special local regulation for this 
event occurring annually on one weekend (Friday, Saturday, and Sunday) 
in November. The special local regulation would cover all navigable 
waters within the established race area, marked with buoys, 
approximately one mile north of the Port Everglades inlet. The duration 
of the zone is intended to protect personnel, vessels, and the marine 
environment in the navigable waters Fort Lauderdale Grand Prix of the 
Seas race event. Only those vessels participating in the event may 
enter, transit through, anchor in, or remain within the regulated area, 
and all vessels and persons in the regulated area must follow the 
direction of Coast Guard personnel, law enforcement, and race 
officials. The proposed regulatory text appears at the end of this 
document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and time-of-year of the special local regulation. Vessel 
traffic will be able to safely transit around this regulated area, 
which will impact a small designated area of the Atlantic Ocean in Fort 
Lauderdale,

[[Page 42051]]

FL, directly adjacent to the shore, for three days.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a special 
local regulation lasting three four days that will impact a small area 
in the vicinity of the Port Everglades Inlet. It is categorically 
excluded from further review under paragraph 34(h) of Figure 201 of the 
Commandant Instructions. A preliminary Record of Environmental 
Consideration 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 proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.723 to read as follows:

[[Page 42052]]

Sec.  100.723  Special Local Regulation; Fort Lauderdale Grand Prix of 
the Seas; Fort Lauderdale, FL.

    (a) Location. The following regulated area is established as a 
special local regulation. All navigable waters contained within an 
imaginary line connecting the following points: beginning at Point 1 in 
position 26[deg]6'21'' N., 080[deg]5'51'' W.; thence west to Point 2 in 
position 26[deg]6'21'' N., 080[deg]6'13'' W.; thence north to Point 3 
in position 26[deg]6'57'' N., 080[deg]6'13'' W.; thence east to Point 4 
in position 26[deg]6'57'' N., 080[deg]5'52'' W., thence back to origin 
at point 1. All coordinates are North American Datum 1983.
    (b) Definition. The following definitions apply to this section:
    (1) 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 Miami in 
the enforcement of the regulated areas.
    (2) The term ``Patrol Commander'' means a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by the 
respective Coast Guard Sector Commander to enforce these regulations.
    (3) The term ``spectators'' means all persons and vessels not 
registered with the event sponsor as participants or official patrol 
vessels.
    (c) Regulations.
    (1) All non-participant persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port Miami or a 
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, remain within or transit in excess of wake speed within any of the 
regulated area may contact the Captain of the Port Miami by telephone 
at (305) 535-8701, 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 Miami or a designated 
representative.
    (3) The Coast Guard will use all appropriate means to notify the 
public in advance of an event of the enforcement of these regulations 
to include publishing a Notice of Enforcement in the Federal Register 
and through the local Notice to Mariners and Broadcast Notice to 
Mariners.
    (d) Enforcement date. This section will be enforced annually on a 
weekend (Friday, Saturday and Sunday) in the month of November.

     Dated: August 22, 2017.
J.H.D. Solomon,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2017-18829 Filed 9-5-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                 42050              Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Proposed Rules

                                                 The Proposed Design Criteria                            SUMMARY:   The Coast Guard proposes to                high speeds of the participants during
                                                    Applicable Airworthiness Criteria                    establish a recurring special local                   the races would be a safety concern for
                                                 under § 21.17(b).                                       regulation for navigable waters of the                anyone who would enter the race area.
                                                                                                         Atlantic Ocean in the vicinity of the                   The purpose of this rulemaking is to
                                                    Based on the Special Class provisions
                                                                                                         Fort Lauderdale for the Grand Prix of                 ensure the safety of vessels and the
                                                 of § 21.17(b), the following
                                                                                                         the Seas. The Fort Lauderdale Grand                   navigable waters within the established
                                                 airworthiness requirements form the
                                                                                                         Prix of the Seas race course is located               race area, marked with buoys. The Coast
                                                 FAA Certification Basis for this design:
                                                                                                         east of South Beach Park and North of                 Guard proposes this rulemaking under
                                                    1. 14 CFR part 21, effective February
                                                                                                         the Port Everglades inlet.                            authority in 33 U.S.C. 1233.
                                                 1, 1965, including amendments 21–1
                                                                                                         Approximately one hundred high-speed                  III. Discussion of Proposed Rule
                                                 through 21–98 as applicable.
                                                                                                         personal watercraft are expected to
                                                    2. EASA CS–22, amendment 2, dated                                                                             The COTP proposes to establish a
                                                                                                         participate in this annual event. The
                                                 March 05, 2009.                                                                                               special local regulation for this event
                                                                                                         special local regulation is needed to
                                                    3. EASA Special Condition No. SC–                                                                          occurring annually on one weekend
                                                                                                         protect personnel, vessels, and the
                                                 A.22.1.01, ‘‘Increase in maximum mass                                                                         (Friday, Saturday, and Sunday) in
                                                                                                         marine environment from potential
                                                 for sailplanes and powered sailplanes.’’                                                                      November. The special local regulation
                                                                                                         hazards during the race event. All
                                                    4. EASA Equivalent Safety Finding to                 vessels and persons in the regulated                  would cover all navigable waters within
                                                 CS–22.335(f)—Alternate method to                        area must follow the direction of Coast               the established race area, marked with
                                                 calculate the Design Maximum Speed                      Guard personnel, law enforcement, and                 buoys, approximately one mile north of
                                                 (VD) using the Organisation Scientifique                race officials. We invite your comments               the Port Everglades inlet. The duration
                                                 et Technique Internationale du Vol á                   on this proposed rulemaking.                          of the zone is intended to protect
                                                 Voile (OSTIV), Airworthiness Standards                                                                        personnel, vessels, and the marine
                                                                                                         DATES: Comments and related material
                                                 for Sailplanes, dated July 1997.                                                                              environment in the navigable waters
                                                                                                         must be received by the Coast Guard on
                                                    5. EASA Equivalent Safety Finding to                                                                       Fort Lauderdale Grand Prix of the Seas
                                                                                                         or before October 6, 2017.
                                                 CS–22.585(a)—Alternate basis for lower                                                                        race event. Only those vessels
                                                                                                         ADDRESSES: You may submit comments
                                                 towing loads and subsequent lower                                                                             participating in the event may enter,
                                                 lauching hook attachment loads.                         identified by docket number USCG–
                                                                                                         2017–0552 using the Federal                           transit through, anchor in, or remain
                                                    6. ‘‘Standards for Structural                                                                              within the regulated area, and all
                                                 Substantiation of Sailplane and                         eRulemaking Portal at http://
                                                                                                         www.regulations.gov. See the ‘‘Public                 vessels and persons in the regulated
                                                 Powered Sailplane Parts Consisting of                                                                         area must follow the direction of Coast
                                                 Glass or Carbon Fiber Reinforced                        Participation and Request for
                                                                                                         Comments’’ portion of the                             Guard personnel, law enforcement, and
                                                 Plastics,’’ Luftfahrt-Bundesamt (LBA)                                                                         race officials. The proposed regulatory
                                                                                                         SUPPLEMENTARY INFORMATION section for
                                                 document no. I4–FVK/91, issued July                                                                           text appears at the end of this
                                                                                                         further instructions on submitting
                                                 1991.                                                                                                         document.
                                                                                                         comments.
                                                    7. ‘‘Guideline for the analysis of the
                                                 electrical system for powered                           FOR FURTHER INFORMATION CONTACT: If                   IV. Regulatory Analyses
                                                 sailplanes,’’ LBA document no. I334–                    you have questions about this proposed                  We developed this proposed rule after
                                                 MS 92, issued September 15, 1992.                       rulemaking, call or email Petty Officer               considering numerous statutes and
                                                    8. Operations allowed: VFR-Day                       Mara J. Brown, Sector Miami Waterways                 Executive orders related to rulemaking.
                                                    9. EASA Type Certificate Data Sheet                  Management Division, U.S. Coast                       Below we summarize our analyses
                                                 No. EASA.A.599, Issue 02, dated March                   Guard; telephone (305) 535–4317, email                based on a number of these statutes and
                                                 17, 2016.                                               Mara.J.Brown@uscg.mil.                                Executive orders and we discuss First
                                                    10. Date of application for FAA Type                 SUPPLEMENTARY INFORMATION:                            Amendment rights of protestors.
                                                 Certificate: August 23, 2016.                           I. Table of Abbreviations                             A. Regulatory Planning and Review
                                                   Issued in Kansas City, Missouri on August
                                                 28, 2017.                                               CFR Code of Federal Regulations                          Executive Orders 12866 and 13563
                                                 William Schinstock,                                     DHS Department of Homeland Security                   direct agencies to assess the costs and
                                                                                                         FR Federal Register                                   benefits of available regulatory
                                                 Acting Manager, Small Airplane Standards
                                                 Branch, Aircraft Certification Service.
                                                                                                         NPRM Notice of proposed rulemaking                    alternatives and, if regulation is
                                                                                                         § Section                                             necessary, to select regulatory
                                                 [FR Doc. 2017–18846 Filed 9–5–17; 8:45 am]              U.S.C. United States Code                             approaches that maximize net benefits.
                                                 BILLING CODE 4910–13–P
                                                                                                                                                               Executive Order 13771 directs agencies
                                                                                                         II. Background, Purpose, and Legal                    to control regulatory costs through a
                                                                                                         Basis                                                 budgeting process. This NPRM has not
                                                 DEPARTMENT OF HOMELAND                                     On June 7, 2017, the company                       been designated a ‘‘significant
                                                 SECURITY                                                Powerboat P1–USA, LLC notified the                    regulatory action,’’ under Executive
                                                                                                         Coast Guard that it will be conducting                Order 12866. Accordingly, the NPRM
                                                 Coast Guard                                             the Ft. Lauderdale Grand Prix of the                  has not been reviewed by the Office of
                                                                                                         Seas annually. This event will occur                  Management and Budget (OMB), and
                                                 33 CFR Part 100                                         yearly on one weekend (Friday,                        pursuant to OMB guidance it is exempt
                                                 [Docket Number USCG–2017–0552]                          Saturday, and Sunday) in November.                    from the requirements of Executive
nlaroche on DSKBBV9HB2PROD with PROPOSALS




                                                                                                         The race course will be located directly              Order 13771.
                                                 RIN 1625–AA08                                           east of South Beach Park in Ft.                          This regulatory action determination
                                                                                                         Lauderdale, FL. The special local                     is based on the size, location, and time-
                                                 Special Local Regulation; Atlantic                      regulation is intended to protect                     of-year of the special local regulation.
                                                 Ocean, Ft. Lauderdale, FL                               personnel, vessels, and the marine                    Vessel traffic will be able to safely
                                                 AGENCY:   Coast Guard, DHS.                             environment. The Captain of the Port                  transit around this regulated area, which
                                                                                                         Miami (COTP) has determined that                      will impact a small designated area of
                                                 ACTION:   Notice of proposed rulemaking.
                                                                                                         potential hazards associated with the                 the Atlantic Ocean in Fort Lauderdale,


                                            VerDate Sep<11>2014   14:53 Sep 05, 2017   Jkt 241001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\06SEP1.SGM   06SEP1


                                                                    Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Proposed Rules                                            42051

                                                 FL, directly adjacent to the shore, for                 Order and have determined that it is                  G. Protest Activities
                                                 three days.                                             consistent with the fundamental                         The Coast Guard respects the First
                                                                                                         federalism principles and preemption                  Amendment rights of protesters.
                                                 B. Impact on Small Entities
                                                                                                         requirements described in Executive                   Protesters are asked to contact the
                                                    The Regulatory Flexibility Act of                    Order 13132.                                          person listed in the FOR FURTHER
                                                 1980, 5 U.S.C. 601–612, as amended,
                                                                                                            Also, this proposed rule does not have             INFORMATION CONTACT section to
                                                 requires Federal agencies to consider
                                                                                                         tribal implications under Executive                   coordinate protest activities so that your
                                                 the potential impact of regulations on
                                                                                                         Order 13175, Consultation and                         message can be received without
                                                 small entities during rulemaking. The
                                                                                                         Coordination with Indian Tribal                       jeopardizing the safety or security of
                                                 term ‘‘small entities’’ comprises small
                                                                                                         Governments, because it would not have                people, places, or vessels.
                                                 businesses, not-for-profit organizations
                                                 that are independently owned and                        a substantial direct effect on one or
                                                                                                                                                               V. Public Participation and Request for
                                                 operated and are not dominant in their                  more Indian tribes, on the relationship               Comments
                                                 fields, and governmental jurisdictions                  between the Federal Government and
                                                                                                         Indian tribes, or on the distribution of                 We view public participation as
                                                 with populations of less than 50,000.                                                                         essential to effective rulemaking, and
                                                 The Coast Guard certifies under 5 U.S.C.                power and responsibilities between the
                                                                                                         Federal Government and Indian tribes.                 will consider all comments and material
                                                 605(b) that this proposed rule would not                                                                      received during the comment period.
                                                 have a significant economic impact on                   If you believe this proposed rule has
                                                                                                         implications for federalism or Indian                 Your comment can help shape the
                                                 a substantial number of small entities.                                                                       outcome of this rulemaking. If you
                                                    While some owners or operators of                    tribes, please contact the person listed
                                                                                                         in the FOR FURTHER INFORMATION                        submit a comment, please include the
                                                 vessels intending to transit the regulated
                                                                                                         CONTACT section.                                      docket number for this rulemaking,
                                                 area may be small entities, for the
                                                                                                                                                               indicate the specific section of this
                                                 reasons stated in section IV.A above,                   E. Unfunded Mandates Reform Act                       document to which each comment
                                                 this proposed rule would not have a
                                                                                                                                                               applies, and provide a reason for each
                                                 significant economic impact on any                         The Unfunded Mandates Reform Act                   suggestion or recommendation.
                                                 vessel owner or operator.                               of 1995 (2 U.S.C. 1531–1538) requires                    We encourage you to submit
                                                    If you think that your business,                     Federal agencies to assess the effects of             comments through the Federal
                                                 organization, or governmental                           their discretionary regulatory actions. In            eRulemaking Portal at http://
                                                 jurisdiction qualifies as a small entity                particular, the Act addresses actions                 www.regulations.gov. If your material
                                                 and that this rule would have a                         that may result in the expenditure by a               cannot be submitted using http://
                                                 significant economic impact on it,                      State, local, or tribal government, in the            www.regulations.gov, contact the person
                                                 please submit a comment (see                            aggregate, or by the private sector of                in the FOR FURTHER INFORMATION
                                                 ADDRESSES) explaining why you think it                  $100,000,000 (adjusted for inflation) or              CONTACT section of this document for
                                                 qualifies and how and to what degree                    more in any one year. Though this                     alternate instructions.
                                                 this rule would economically affect it.                 proposed rule would not result in such
                                                    Under section 213(a) of the Small                                                                             We accept anonymous comments. All
                                                                                                         an expenditure, we do discuss the                     comments received will be posted
                                                 Business Regulatory Enforcement                         effects of this rule elsewhere in this
                                                 Fairness Act of 1996 (Pub. L. 104–121),                                                                       without change to http://
                                                                                                         preamble.                                             www.regulations.gov and will include
                                                 we want to assist small entities in
                                                 understanding this proposed rule. If the                F. Environment                                        any personal information you have
                                                 rule would affect your small business,                                                                        provided. For more about privacy and
                                                 organization, or governmental                              We have analyzed this proposed rule                the docket, visit http://
                                                 jurisdiction and you have questions                     under Department of Homeland                          www.regulations.gov/privacyNotice.
                                                 concerning its provisions or options for                Security Management Directive 023–01                     Documents mentioned in this NPRM
                                                 compliance, please contact the person                   and Commandant Instruction                            as being available in the docket, and all
                                                 listed in the FOR FURTHER INFORMATION                   M16475.lD, which guide the Coast                      public comments, will be in our online
                                                                                                         Guard in complying with the National                  docket at http://www.regulations.gov
                                                 CONTACT section. The Coast Guard will
                                                                                                         Environmental Policy Act of 1969 (42                  and can be viewed by following that
                                                 not retaliate against small entities that
                                                                                                         U.S.C. 4321–4370f), and have made a                   Web site’s instructions. Additionally, if
                                                 question or complain about this
                                                                                                         preliminary determination that this                   you go to the online docket and sign up
                                                 proposed rule or any policy or action of
                                                                                                         action is one of a category of actions that           for email alerts, you will be notified
                                                 the Coast Guard.
                                                                                                         do not individually or cumulatively                   when comments are posted or a final
                                                 C. Collection of Information                            have a significant effect on the human                rule is published.
                                                   This proposed rule would not call for                 environment. This proposed rule                       List of Subjects in 33 CFR Part 100
                                                 a new collection of information under                   involves a special local regulation
                                                 the Paperwork Reduction Act of 1995                     lasting three four days that will impact                Marine safety, Navigation (water),
                                                 (44 U.S.C. 3501–3520).                                  a small area in the vicinity of the Port              Reporting and recordkeeping
                                                                                                         Everglades Inlet. It is categorically                 requirements, Waterways.
                                                 D. Federalism and Indian Tribal                         excluded from further review under                      For the reasons discussed in the
                                                 Governments                                             paragraph 34(h) of Figure 201 of the                  preamble, the Coast Guard proposes to
                                                    A rule has implications for federalism               Commandant Instructions. A                            amend 33 CFR part 100 as follows:
nlaroche on DSKBBV9HB2PROD with PROPOSALS




                                                 under Executive Order 13132,                            preliminary Record of Environmental
                                                 Federalism, if it has a substantial direct              Consideration supporting this                         PART 100—SAFETY OF LIFE ON
                                                 effect on the States, on the relationship               determination is available in the docket              NAVIGABLE WATERS
                                                 between the national government and                     where indicated under ADDRESSES. We
                                                                                                                                                               ■ 1. The authority citation for part 100
                                                 the States, or on the distribution of                   seek any comments or information that
                                                                                                                                                               continues to read as follows:
                                                 power and responsibilities among the                    may lead to the discovery of a
                                                 various levels of government. We have                   significant environmental impact from                     Authority: 33 U.S.C. 1233.
                                                 analyzed this proposed rule under that                  this proposed rule.                                   ■   2. Add § 100.723 to read as follows:


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                                                 42052              Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Proposed Rules

                                                 § 100.723 Special Local Regulation; Fort                  (d) Enforcement date. This section                  through the Federal Docket Management
                                                 Lauderdale Grand Prix of the Seas; Fort                 will be enforced annually on a weekend                System (FDMS) at http://
                                                 Lauderdale, FL.                                         (Friday, Saturday and Sunday) in the                  www.Regulations.gov.
                                                    (a) Location. The following regulated                month of November.
                                                                                                                                                               FOR FURTHER INFORMATION CONTACT:
                                                 area is established as a special local                     Dated: August 22, 2017.
                                                 regulation. All navigable waters                                                                              Ruth Berkheimer, Insurance Specialist,
                                                                                                         J.H.D. Solomon,                                       Department of Veterans Affairs
                                                 contained within an imaginary line
                                                 connecting the following points:                        Captain, U.S. Coast Guard, Acting Captain             Insurance Center (310/290B), 5000
                                                                                                         of the Port Miami.                                    Wissahickon Avenue, Philadelphia, PA
                                                 beginning at Point 1 in position 26°6′21″
                                                 N., 080°5′51″ W.; thence west to Point                  [FR Doc. 2017–18829 Filed 9–5–17; 8:45 am]            19144, (215) 842–2000, ext. 4275 (this is
                                                 2 in position 26°6′21″ N., 080°6′13″ W.;                BILLING CODE 9110–04–P                                not a toll-free number).
                                                 thence north to Point 3 in position                                                                           SUPPLEMENTARY INFORMATION:      Several
                                                 26°6′57″ N., 080°6′13″ W.; thence east to                                                                     statutes regarding entitlement to SGLI,
                                                 Point 4 in position 26°6′57″ N.,                        DEPARTMENT OF VETERANS                                FSGLI, and VGLI require a member or
                                                 080°5′52″ W., thence back to origin at                  AFFAIRS                                               an insured to take action ‘‘in writing’’ or
                                                 point 1. All coordinates are North                                                                            to submit a ‘‘written’’ application or
                                                 American Datum 1983.                                    38 CFR Part 9                                         request. E.g., 38 U.S.C. 1967(c), 1970(a),
                                                    (b) Definition. The following                        RIN 2900–AP98                                         and 1977(a)(3). For example, under 38
                                                 definitions apply to this section:                                                                            U.S.C. 1967(a)(2) and (a)(3)(B), a
                                                    (1) The term ‘‘designated                            Electronic Submission of Certain                      member of a uniformed service on
                                                 representative’’ means Coast Guard                      Servicemembers’ Group Life                            active duty, active duty for training, or
                                                 Patrol Commanders, including Coast                      Insurance, Family Servicemembers’                     inactive duty training scheduled in
                                                 Guard coxswains, petty officers, and                    Group Life Insurance, and Veterans’                   advance by a competent authority and
                                                 other officers operating Coast Guard                    Group Life Insurance Forms                            certain Ready Reservists may ‘‘elect in
                                                 vessels, and Federal, State, and Local                  AGENCY:    Department of Veterans Affairs.            writing’’ not to be insured under SGLI,
                                                 officers designated by or assisting the                                                                       to decline FSGLI coverage for a spouse,
                                                                                                         ACTION:   Proposed rule.
                                                 Captain of the Port Miami in the                                                                              or to be insured or insure a spouse for
                                                 enforcement of the regulated areas.                     SUMMARY:    The Department of Veterans                less than the statutory maximum
                                                    (2) The term ‘‘Patrol Commander’’                    Affairs (VA) proposes to add a                        amounts of insurance coverage.
                                                 means a commissioned, warrant, or                       regulation governing the                                 Until recently, members have utilized
                                                 petty officer of the Coast Guard who has                Servicemembers’ Group Life Insurance                  a paper version of SGLV 8286,
                                                 been designated by the respective Coast                 (SGLI) and Veterans’ Group Life                       Servicemembers’ Group Life Insurance
                                                 Guard Sector Commander to enforce                       Insurance (VGLI) programs to provide                  (SGLI) Election and Certificate, to make
                                                 these regulations.                                      that certain SGLI, Family SGLI (FSGLI)                changes to their SGLI coverage amount
                                                    (3) The term ‘‘spectators’’ means all                and VGLI applications, elections, and                 and to designate beneficiaries to receive
                                                 persons and vessels not registered with                 beneficiary designations required by                  the insurance proceeds upon their death
                                                 the event sponsor as participants or                    statute to be ‘‘written’’ or ‘‘in writing’’           and a paper version of SGLV 8286A,
                                                 official patrol vessels.                                would include those submitted via an                  Spouse Coverage Election and
                                                    (c) Regulations.                                     agency approved electronic means that                 Certificate, to make changes to their
                                                    (1) All non-participant persons and                  are digitally or electronically signed.               spousal coverage. The VA Insurance
                                                 vessels are prohibited from entering,                   DATES: Comments must be received on                   Service, however, partnered with the
                                                 transiting through, anchoring in, or                    or before November 6, 2017.                           Department of Defense to develop the
                                                 remaining within the regulated area                     ADDRESSES: Written comments may be                    SGLI Online Enrollment System (SOES),
                                                 unless authorized by the Captain of the                 submitted through http://                             an electronic application system that
                                                 Port Miami or a designated                              www.Regulations.gov; by mail or hand-                 allows members to make electronic
                                                 representative.                                         delivery to: Director, Regulations                    updates and changes to their SGLI and
                                                    (2) Persons and vessels desiring to                  Management (00REG), Department of                     FSGLI coverage amounts and their SGLI
                                                 enter, transit through, anchor in, remain               Veterans Affairs, 810 Vermont Ave.                    beneficiary designations 24 hours a day,
                                                 within or transit in excess of wake                     NW., Room 1068, Washington, DC                        7 days a week. In addition, this
                                                 speed within any of the regulated area                  20420; or by fax to (202) 273–9026 (this              electronic system helps to eliminate
                                                 may contact the Captain of the Port                     is not a toll-free telephone number).                 common errors made by members when
                                                 Miami by telephone at (305) 535–8701,                   Comments should indicate that they are                completing the paper forms. While the
                                                 or a designated representative via VHF–                 submitted in response to ‘‘RIN 2900–                  electronic system is the primary means
                                                 FM radio on channel 16 to request                       AP98—Electronic Submission of Certain                 for insured members to manage their
                                                 authorization. If authorization is                      Servicemembers’ Group Life Insurance,                 SGLI and FSGLI elections, a member
                                                 granted, all persons and vessels                        Family Servicemembers’ Group Life                     may use the paper forms in emergent
                                                 receiving such authorization must                       Insurance, and Veterans’ Group Life                   situations when the member cannot
                                                 comply with the instructions of the                     Insurance Forms.’’                                    access the electronic system.
                                                 Captain of the Port Miami or a                             Copies of comments received will be                   In addition to SOES, veterans are
                                                 designated representative.                              available for public inspection in the                currently able to apply for VGLI,
nlaroche on DSKBBV9HB2PROD with PROPOSALS




                                                    (3) The Coast Guard will use all                     Office of Regulation Policy and                       reinstate their VGLI, or increase the
                                                 appropriate means to notify the public                  Management, Room 1068, between the                    amount of VGLI by completing an
                                                 in advance of an event of the                           hours of 8:00 a.m. and 4:30 p.m.,                     online application through a Web site
                                                 enforcement of these regulations to                     Monday through Friday (except                         managed by the Office of
                                                 include publishing a Notice of                          holidays). Please call (202) 461–4902 for             Servicemembers’ Group Life Insurance
                                                 Enforcement in the Federal Register and                 an appointment (this is not a toll-free               (OSGLI), https://giosgli.prudential.com/
                                                 through the local Notice to Mariners and                telephone number). In addition,                       osgli/web/OSGLIMenu.html, as well as
                                                 Broadcast Notice to Mariners.                           comments may be viewed online                         by mailing a paper copy of SGLV 8714,


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Document Created: 2017-09-06 00:56:25
Document Modified: 2017-09-06 00:56:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before October 6, 2017.
ContactIf you have questions about this proposed rulemaking, call or email Petty Officer Mara J. Brown, Sector Miami Waterways Management Division, U.S. Coast Guard; telephone (305) 535-4317, email [email protected]
FR Citation82 FR 42050 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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