82_FR_44936 82 FR 44751 - Special Local Regulation; Gulf of Mexico; Englewood, FL

82 FR 44751 - Special Local Regulation; Gulf of Mexico; Englewood, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 185 (September 26, 2017)

Page Range44751-44753
FR Document2017-20534

The Coast Guard proposes to establish special local regulation on the waters of the Gulf of Mexico in the vicinity of Englewood, Florida during the OPA World Championships High Speed Boat Race, an annually recurring event in the month of November. The special local regulation is necessary to protect 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 the following three areas: A race area where all persons and vessels, except those persons and vessels participating in the high speed boat races, are prohibited from entering, transiting through, anchoring in, or remaining within; a spectator area where all vessels must be anchored or operate at No Wake Speed; and an enforcement area where designated representatives may control vessel traffic as determined by the prevailing conditions.

Federal Register, Volume 82 Issue 185 (Tuesday, September 26, 2017)
[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Proposed Rules]
[Pages 44751-44753]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20534]



[[Page 44751]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0598]
RIN 1625-AA08


Special Local Regulation; Gulf of Mexico; Englewood, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish special local regulation 
on the waters of the Gulf of Mexico in the vicinity of Englewood, 
Florida during the OPA World Championships High Speed Boat Race, an 
annually recurring event in the month of November. The special local 
regulation is necessary to protect 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 the following three areas: A race area where 
all persons and vessels, except those persons and vessels participating 
in the high speed boat races, are prohibited from entering, transiting 
through, anchoring in, or remaining within; a spectator area where all 
vessels must be anchored or operate at No Wake Speed; and an 
enforcement area where designated representatives may control vessel 
traffic as determined by the prevailing conditions.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 26, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0598 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 on this rule, 
call or email Marine Science Technician First Class Michael D. 
Shackleford, Sector St. Petersburg Prevention Department, Coast Guard; 
telephone (813) 228-2191, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard proposes to establish a special local regulation on 
the waters of the Gulf of Mexico in the vicinity of Englewood, Florida 
during the OPA World Championships High Speed Boat Race. The race 
normally occurs annually from 9 a.m. to 5 p.m. on the third weekend of 
November (Friday, Saturday, and Sunday). Approximately 60 boats, 
ranging in length from 22 feet to 50 feet, traveling at speeds in 
excess of 77 miles per hour are expected to participate. Additionally, 
it is anticipated that 100 spectator vessels will be present along the 
race course.
    This proposed rulemaking is necessary to provide for the safety of 
race participants, participant vessels, spectators, and the general 
public on these navigable waters of the United States during the OPA 
World Championships. The Coast Guard proposes this rulemaking under 
authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

    This proposed rulemaking would establish a special local regulation 
that will encompass certain waters of the Gulf of Mexico in Englewood, 
Florida. The special local regulation will be enforced daily from 9:00 
a.m. until 5:00 p.m. during the race event. The special local 
regulation will establish the following three areas: (1) A race area 
where all persons and vessels, except those persons and vessels 
participating in the high speed boat races, are prohibited from 
entering, transiting through, anchoring in, or remaining within; (2) a 
spectator area where all vessels must be anchored or operate at No Wake 
Speed; and (3) an enforcement area where designated representatives may 
control vessel traffic as determined by the prevailing conditions.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated area by contacting 
the Captain of the Port (COTP) St. Petersburg by telephone at (727) 
824-7506, or a designated representative via VHF radio on channel 16. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the COTP St. Petersburg or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the COTP St. 
Petersburg or a designated representative. The Coast Guard will provide 
notice of the special local regulations by Local Notice to Mariners 
and/or Broadcast Notice to Mariners.

IV. 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 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.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulation will be enforced 
for only eight hours on three days; (2) although persons and vessels 
may not enter, transit through, anchor in, or remain within the 
regulated area without authorization from the COTP St. Petersburg or a 
designated representative, they may operate in the surrounding area 
during the enforcement period; (3) persons and vessels may still enter, 
transit through, anchor in, or remain within the regulated area or 
anchor in the spectator area, during the enforcement period if 
authorized by the COTP St. Petersburg or a designated representative; 
and (4) the Coast Guard will provide advance notification of the 
special local regulation to the local maritime community by Local 
Notice to Mariners and/or Broadcast Notice to Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
would not have a

[[Page 44752]]

significant economic impact on a substantial number of small entities.
    While some owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of the Gulf 
of Mexico encompassed within the special local regulation 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 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 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 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 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 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 issued in conjunction with a regatta or marine parade. 
Normally such actions are categorically excluded from further review 
under paragraph 34(h) of Figure 2-1 of Commandant Instruction 
M16475.lD. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

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

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard 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 Special Local Regulation Sec.  100.735 to read as follows:


Sec.  100.735  Special Local Regulation; Annual OPA World 
Championships, Gulf of Mexico; Englewood Beach, FL.

    (a) Regulated Areas. The following regulated areas are established 
as special local regulations. All coordinates are North American Datum 
1983.
    (1) Race Area. All waters of the Gulf of Mexico contained within 
the following points: 26[deg]56'00'' N., 082[deg]21'11'' W., thence to 
position 26[deg]55'59'' N., 082[deg]22'16'' W., thence to position 
26[deg]54'22'' N., 082[deg]21'20'' W., thence to position 
26[deg]54'24'' N., 082[deg]21'16'' W., thence to position 
26[deg]54'25'' N., 082[deg]21'17'' W., thence

[[Page 44753]]

back to the original position, 26[deg]56'00'' N., 082[deg]21'11'' W.
    (2) Spectator Area. All waters of the Gulf of Mexico contained with 
the following points: 26[deg]55'33'' N., 082[deg]22'21'' W., thence to 
position 26[deg]54'14'' N., 082[deg]21'35'' W., thence to position 
26[deg]54'11'' N., 082[deg]21'40'' W., thence to position 
26[deg]55'31'' N., 082[deg]22'26'' W., thence back to position 
26[deg]55'33'' N., 082[deg]22'21'' W.
    (3) Enforcement Area. All waters of the Gulf of Mexico encompassed 
within the following points: 26[deg]56'09'' N., 082[deg]22'12'' W., 
thence to position 26[deg]54'13'' N., 082[deg]21'03'' W., thence to 
position 26[deg]53'58'' N., 082[deg]21'43'' W., thence to position 
26[deg]55'56'' N., 082[deg]22'48'' W., thence back to position 
26[deg]56'09'' N., 082[deg]22'12'' 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 COTP 
St. Petersburg in the enforcement of the regulated areas.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the Race Area 
unless an authorized race participant.
    (2) Designated representatives may control vessel traffic 
throughout the enforcement area as determined by the prevailing 
conditions.
    (3) All vessels are to be anchored and/or operate at a No Wake 
Speed in the spectator area. On-scene designated representatives will 
direct spectator vessels to the spectator area.
    (4) Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated areas by contacting 
the COTP St. Petersburg by telephone at (727) 824-7506, or a designated 
representative via VHF radio on channel 16. If authorization is granted 
by the COTP St. Petersburg or a designated representative, all persons 
and vessels receiving such authorization must comply with the 
instructions of the COTP St. Petersburg or a designated representative.
    (d) Enforcement Period. This rule will be enforced daily from 9 
a.m. to 5 p.m. on the third weekend of November (Friday, Saturday and 
Sunday).

    Dated: September 20, 2017.
Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2017-20534 Filed 9-25-17; 8:45 am]
 BILLING CODE 9110-04-P



                         Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules                                          44751

     DEPARTMENT OF HOMELAND                                  § Section                                             regulations by Local Notice to Mariners
     SECURITY                                                U.S.C. United States Code                             and/or Broadcast Notice to Mariners.
                                                             COTP Captain of the Port
     Coast Guard                                                                                                   IV. Regulatory Analyses
                                                             II. Background Information and
                                                             Regulatory History                                      We developed this rule after
     33 CFR Part 100                                                                                               considering numerous statutes and
                                                                The Coast Guard proposes to establish
     [Docket Number USCG–2017–0598]                                                                                Executive orders related to rulemaking.
                                                             a special local regulation on the waters
                                                                                                                   Below we summarize our analyses
     RIN 1625–AA08                                           of the Gulf of Mexico in the vicinity of
                                                                                                                   based on a number of these statutes and
                                                             Englewood, Florida during the OPA
                                                                                                                   executive orders, and we discuss First
     Special Local Regulation; Gulf of                       World Championships High Speed Boat
                                                                                                                   Amendment rights of protestors.
     Mexico; Englewood, FL                                   Race. The race normally occurs
                                                             annually from 9 a.m. to 5 p.m. on the                 A. Regulatory Planning and Review
     AGENCY: Coast Guard, DHS.                               third weekend of November (Friday,
     ACTION: Notice of proposed rulemaking.                                                                           Executive Orders 12866 and 13563
                                                             Saturday, and Sunday). Approximately
                                                                                                                   direct agencies to assess the costs and
     SUMMARY:   The Coast Guard proposes to                  60 boats, ranging in length from 22 feet
                                                                                                                   benefits of available regulatory
     establish special local regulation on the               to 50 feet, traveling at speeds in excess
                                                                                                                   alternatives and, if regulation is
     waters of the Gulf of Mexico in the                     of 77 miles per hour are expected to
                                                                                                                   necessary, to select regulatory
     vicinity of Englewood, Florida during                   participate. Additionally, it is
                                                                                                                   approaches that maximize net benefits.
     the OPA World Championships High                        anticipated that 100 spectator vessels
                                                                                                                   Executive Order 13771 directs agencies
     Speed Boat Race, an annually recurring                  will be present along the race course.
                                                                This proposed rulemaking is                        to control regulatory costs through a
     event in the month of November. The                                                                           budgeting process. This NPRM has not
                                                             necessary to provide for the safety of
     special local regulation is necessary to                                                                      been designated a ‘‘significant
                                                             race participants, participant vessels,
     protect the safety of race participants,                                                                      regulatory action,’’ under Executive
                                                             spectators, and the general public on
     participant vessels, spectators, and the                                                                      Order 12866. Accordingly, the NPRM
                                                             these navigable waters of the United
     general public on navigable waters of                                                                         has not been reviewed by the Office of
                                                             States during the OPA World
     the United States during the event. The                                                                       Management and Budget (OMB), and
                                                             Championships. The Coast Guard
     special local regulation will establish                                                                       pursuant to OMB guidance it is exempt
                                                             proposes this rulemaking under
     the following three areas: A race area                                                                        from the requirements of Executive
                                                             authority in 33 U.S.C. 1233.
     where all persons and vessels, except                                                                         Order 13771.
     those persons and vessels participating                 III. Discussion of Proposed Rule                         The economic impact of this rule is
     in the high speed boat races, are                          This proposed rulemaking would                     not significant for the following reasons:
     prohibited from entering, transiting                    establish a special local regulation that             (1) The special local regulation will be
     through, anchoring in, or remaining                     will encompass certain waters of the                  enforced for only eight hours on three
     within; a spectator area where all                      Gulf of Mexico in Englewood, Florida.                 days; (2) although persons and vessels
     vessels must be anchored or operate at                  The special local regulation will be                  may not enter, transit through, anchor
     No Wake Speed; and an enforcement                       enforced daily from 9:00 a.m. until 5:00              in, or remain within the regulated area
     area where designated representatives                   p.m. during the race event. The special               without authorization from the COTP
     may control vessel traffic as determined                local regulation will establish the                   St. Petersburg or a designated
     by the prevailing conditions.                           following three areas: (1) A race area                representative, they may operate in the
     DATES: Comments and related material                    where all persons and vessels, except                 surrounding area during the
     must be received by the Coast Guard on                  those persons and vessels participating               enforcement period; (3) persons and
     or before October 26, 2017.                             in the high speed boat races, are                     vessels may still enter, transit through,
     ADDRESSES: You may submit comments                      prohibited from entering, transiting                  anchor in, or remain within the
     identified by docket number USCG–                       through, anchoring in, or remaining                   regulated area or anchor in the spectator
     2017–0598 using the Federal                             within; (2) a spectator area where all                area, during the enforcement period if
     eRulemaking Portal at http://                           vessels must be anchored or operate at                authorized by the COTP St. Petersburg
     www.regulations.gov. See the ‘‘Public                   No Wake Speed; and (3) an enforcement                 or a designated representative; and (4)
     Participation and Request for                           area where designated representatives                 the Coast Guard will provide advance
     Comments’’ portion of the                               may control vessel traffic as determined              notification of the special local
     SUPPLEMENTARY INFORMATION section for                   by the prevailing conditions.                         regulation to the local maritime
     further instructions on submitting                         Persons and vessels may request                    community by Local Notice to Mariners
     comments.                                               authorization to enter, transit through,              and/or Broadcast Notice to Mariners.
     FOR FURTHER INFORMATION CONTACT: If                     anchor in, or remain within the
                                                                                                                   B. Impact on Small Entities
     you have questions on this rule, call or                regulated area by contacting the Captain
     email Marine Science Technician First                   of the Port (COTP) St. Petersburg by                     The Regulatory Flexibility Act of
     Class Michael D. Shackleford, Sector St.                telephone at (727) 824–7506, or a                     1980, 5 U.S.C. 601–612, as amended,
     Petersburg Prevention Department,                       designated representative via VHF radio               requires federal agencies to consider the
     Coast Guard; telephone (813) 228–2191,                  on channel 16. If authorization to enter,             potential impact of regulations on small
     email Michael.d.shackleford@uscg.mil.                   transit through, anchor in, or remain                 entities during rulemaking. The term
                                                             within the regulated area is granted by               ‘‘small entities’’ comprises small
     SUPPLEMENTARY INFORMATION:
                                                             the COTP St. Petersburg or a designated               businesses, not-for-profit organizations
     I. Table of Abbreviations                               representative, all persons and vessels               that are independently owned and
     CFR Code of Federal Regulations
                                                             receiving such authorization must                     operated and are not dominant in their
     DHS Department of Homeland Security                     comply with the instructions of the                   fields, and governmental jurisdictions
     FR Federal Register                                     COTP St. Petersburg or a designated                   with populations of less than 50,000.
     NPRM Notice of proposed rulemaking                      representative. The Coast Guard will                  The Coast Guard certifies under 5 U.S.C.
     Pub. L. Public Law                                      provide notice of the special local                   605(b) that this rule would not have a


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     44752               Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules

     significant economic impact on a                        Government and Indian tribes. If you                  document to which each comment
     substantial number of small entities.                   believe this rule has implications for                applies, and provide a reason for each
        While some owners or operators of                    federalism or Indian tribes, please                   suggestion or recommendation.
     vessels intending to enter, transit                     contact the person listed in the FOR                     We encourage you to submit
     through, anchor in, or remain within                    FURTHER INFORMATION CONTACT section                   comments through the Federal
     that portion of the Gulf of Mexico                      above.                                                eRulemaking Portal at http://
     encompassed within the special local                                                                          www.regulations.gov. If your material
     regulation may be small entities, for the               E. Unfunded Mandates Reform Act
                                                                                                                   cannot be submitted using http://
     reasons stated in section IV.A above,                     The Unfunded Mandates Reform Act                    www.regulations.gov, contact the person
     this proposed rule would not have a                     of 1995 (2 U.S.C. 1531–1538) requires                 in the FOR FURTHER INFORMATION
     significant economic impact on any                      federal agencies to assess the effects of             CONTACT section of this document for
     vessel owner or operator.                               their discretionary regulatory actions. In            alternate instructions.
        If you think that your business,                     particular, the Act addresses actions                    We accept anonymous comments. All
     organization, or governmental                           that may result in the expenditure by a               comments received will be posted
     jurisdiction qualifies as a small entity                State, local, or tribal government, in the            without change to http://
     and that this rule would have a                         aggregate, or by the private sector of                www.regulations.gov and will include
     significant economic impact on it,                      $100,000,000 (adjusted for inflation) or              any personal information you have
     please submit a comment (see                            more in any one year. Though this rule                provided. For more about privacy and
     ADDRESSES) explaining why you think it                  would not result in such an                           the docket, you may review a Privacy
     qualifies and how and to what degree                    expenditure, we do discuss the effects of             Act notice regarding the Federal Docket
     this rule would economically affect it.                 this rule elsewhere in this preamble.                 Management System in the March 24,
        Under section 213(a) of the Small                                                                          2005, issue of the Federal Register (70
     Business Regulatory Enforcement                         F. Environment
                                                                                                                   FR 15086).
     Fairness Act of 1996 (Pub. L. 104–121),                    We have analyzed this proposed rule                   Documents mentioned in this NPRM
     we want to assist small entities in                     under Department of Homeland                          as being available in the docket, and all
     understanding this proposed rule. If the                Security Management Directive 023–01                  public comments, will be in our online
     rule would affect your small business,                  and Commandant Instruction                            docket at http://www.regulations.gov
     organization, or governmental                           M16475.lD, which guide the Coast                      and can be viewed by following that
     jurisdiction and you have questions                     Guard in complying with the National                  Web site’s instructions. Additionally, if
     concerning its provisions or options for                Environmental Policy Act of 1969 (42                  you go to the online docket and sign up
     compliance, please contact the person                   U.S.C. 4321–4370f), and have made a                   for email alerts, you will be notified
     listed in the FOR FURTHER INFORMATION                   preliminary determination that this                   when comments are posted or a final
     CONTACT section. The Coast Guard will                   action is one of a category of actions that           rule is published.
     not retaliate against small entities that               do not individually or cumulatively
     question or complain about this                         have a significant effect on the human                List of Subjects in 33 CFR Part 100
     proposed rule or any policy or action of                environment. This proposed rule                         Marine safety, Navigation (water),
     the Coast Guard.                                        involves a special local regulation                   Reporting and recordkeeping
                                                             issued in conjunction with a regatta or               requirements, Waterways.
     C. Collection of Information                            marine parade. Normally such actions
       This rule will not call for a new                     are categorically excluded from further                 For the reasons discussed in the
     collection of information under the                     review under paragraph 34(h) of Figure                preamble, the Coast Guard amends 33
     Paperwork Reduction Act of 1995 (44                     2–1 of Commandant Instruction                         CFR part 100 as follows:
     U.S.C. 3501–3520).                                      M16475.lD. We seek any comments or
                                                                                                                   PART 100—SAFETY OF LIFE ON
     D. Federalism and Indian Tribal                         information that may lead to the
                                                                                                                   NAVIGABLE WATERS
     Governments                                             discovery of a significant environmental
                                                             impact from this proposed rule.                       ■ 1. The authority citation for part 100
        A rule has implications for federalism
     under Executive Order 13132,                            G. Protest Activities                                 continues to read as follows:
     Federalism, if it has a substantial direct                The Coast Guard respects the First                      Authority: 33 U.S.C. 1233.
     effect on the States, on the relationship               Amendment rights of protesters.                       ■ 2. Add a Special Local Regulation
     between the national government and                     Protesters are asked to contact the                   § 100.735 to read as follows:
     the States, or on the distribution of                   person listed in the FOR FURTHER
     power and responsibilities among the                    INFORMATION CONTACT section to                        § 100.735 Special Local Regulation;
     various levels of government. We have                   coordinate protest activities so that your            Annual OPA World Championships, Gulf of
     analyzed this rule under that Order and                 message can be received without                       Mexico; Englewood Beach, FL.
     have determined that it is consistent                   jeopardizing the safety or security of                  (a) Regulated Areas. The following
     with the fundamental federalism                         people, places, or vessels.                           regulated areas are established as
     principles and preemption requirements                                                                        special local regulations. All
     described in Executive Order 13132.                     V. Public Participation and Request for               coordinates are North American Datum
        Also, this rule does not have tribal                 Comments                                              1983.
     implications under Executive Order                        We view public participation as                       (1) Race Area. All waters of the Gulf
     13175, Consultation and Coordination                    essential to effective rulemaking, and                of Mexico contained within the
     with Indian Tribal Governments,                         will consider all comments and material               following points: 26°56′00″ N.,
     because it would not have a substantial                 received during the comment period.                   082°21′11″ W., thence to position
     direct effect on one or more Indian                     Your comments can help shape the                      26°55′59″ N., 082°22′16″ W., thence to
     tribes, on the relationship between the                 outcome of this rulemaking. If you                    position 26°54′22″ N., 082°21′20″ W.,
     Federal Government and Indian tribes,                   submit a comment, please include the                  thence to position 26°54′24″ N.,
     or on the distribution of power and                     docket number for this rulemaking,                    082°21′16″ W., thence to position
     responsibilities between the Federal                    indicate the specific section of this                 26°54′25″ N., 082°21′17″ W., thence


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                         Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules                                           44753

     back to the original position, 26°56′00″                ENVIRONMENTAL PROTECTION                              public comment policy, information
     N., 082°21′11″ W.                                       AGENCY                                                about CBI or multimedia submissions,
       (2) Spectator Area. All waters of the                                                                       and general guidance on making
     Gulf of Mexico contained with the                       40 CFR Part 52                                        effective comments, please visit http://
     following points: 26°55′33″ N.,                         [EPA–R06–OAR–2017–0129; FRL–9967–64–                  www2.epa.gov/dockets/commenting-
     082°22′21″ W., thence to position                       Region 6]                                             epa-dockets.
     26°54′14″ N., 082°21′35″ W., thence to                                                                           Docket: The index to the docket for
     position 26°54′11″ N., 082°21′40″ W.,                   Approval and Promulgation of                          this action is available electronically at
     thence to position 26°55′31″ N.,                        Implementation Plans; Louisiana;                      www.regulations.gov and in hard copy
     082°22′26″ W., thence back to position                  Regional Haze State Implementation                    at the EPA Region 6, 1445 Ross Avenue,
     26°55′33″ N., 082°22′21″ W.                             Plan                                                  Suite 700, Dallas, Texas. While all
       (3) Enforcement Area. All waters of                                                                         documents in the docket are listed in
     the Gulf of Mexico encompassed within                   AGENCY:  Environmental Protection
                                                                                                                   the index, some information may be
     the following points: 26°56′09″ N.,                     Agency (EPA).
                                                                                                                   publicly available only at the hard copy
     082°22′12″ W., thence to position                       ACTION: Proposed rule.
                                                                                                                   location (e.g., copyrighted material), and
     26°54′13″ N., 082°21′03″ W., thence to                  SUMMARY:    Pursuant to the Federal Clean             some may not be publicly available at
     position 26°53′58″ N., 082°21′43″ W.,                   Air Act (CAA or the Act), the                         either location (e.g., CBI).
     thence to position 26°55′56″ N.,                        Environmental Protection Agency (EPA)                 FOR FURTHER INFORMATION CONTACT:
     082°22′48″ W., thence back to position                  is amending our recent proposal to                    Jennifer Huser, 214–665–7347,
     26°56′09″ N., 082°22′12″ W.                             approve a revision to the Louisiana                   huser.jennifer@epa.gov. To inspect the
       (b) Definition. The term ‘‘designated                 State Implementation Plan (SIP) for                   hard copy materials, please schedule an
     representative’’ means Coast Guard                      regional haze submitted for parallel                  appointment with Ms. Huser or Mr. Bill
     Patrol Commanders, including Coast                      processing on August 24, 2017. On July                Deese at 214–665–7253.
     Guard coxswains, petty officers, and                    13, 2017, we proposed to approve a SIP                SUPPLEMENTARY INFORMATION:
     other officers operating Coast Guard                    revision by the State of Louisiana                    Throughout this document wherever
     vessels, and Federal, state, and local                  through the Louisiana Department of                   ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
     officers designated by or assisting the                 Environmental Quality (LDEQ) to                       the EPA.
     COTP St. Petersburg in the enforcement                  address certain Best Available Retrofit
     of the regulated areas.                                 Technology requirements under                         I. Background
       (c) Regulations.                                      Regional Haze for the Entergy R. S.                      Regional haze is visibility impairment
       (1) All persons and vessels are                       Nelson facility (Nelson), which is an                 that is produced by a multitude of
     prohibited from entering, transiting                    electric generating unit in Calcasieu                 sources and activities which are located
     through, anchoring in, or remaining                     Parish. We now amend that proposal, by                across a broad geographic area and emit
     within the Race Area unless an                          proposing to approve a compliance date                fine particles (PM2.5) (e.g., sulfates,
     authorized race participant.                            three years from the effective date of the            nitrates, organic carbon, elemental
       (2) Designated representatives may                    final EPA approval of the SIP revision                carbon, and soil dust) and their
     control vessel traffic throughout the                   for Nelson to meet an emission limit for              precursors. Fine particle precursors,
     enforcement area as determined by the                   sulfur dioxide (SO2) emissions.                       such as SO2, react in the atmosphere to
     prevailing conditions.                                  DATES: Written comments must be                       form PM2.5, which also impair visibility
       (3) All vessels are to be anchored and/               received on or before October 26, 2017.               by scattering and absorbing light. The
     or operate at a No Wake Speed in the
                                                             ADDRESSES: Submit your comments,                      CAA’s visibility protection program
     spectator area. On-scene designated
                                                             identified by Docket No. EPA–R06–                     helps to protect clear views in national
     representatives will direct spectator
                                                             OAR–2017–0129, at http://                             parks and wilderness areas identified as
     vessels to the spectator area.
       (4) Persons and vessels may request                   www.regulations.gov or via email to                   ‘‘Class I Federal areas’’ (CAA section
     authorization to enter, transit through,                huser.jennifer@epa.gov. Follow the                    169A, 40 CFR 51 subpart P and 40 CFR
     anchor in, or remain within the                         online instructions for submitting                    81 subpart D). Vistas in these areas are
     regulated areas by contacting the COTP                  comments. Once submitted, comments                    often obscured by visibility-impairing
     St. Petersburg by telephone at (727)                    cannot be edited or removed from                      pollutants caused by emissions from
     824–7506, or a designated                               Regulations.gov. The EPA may publish                  numerous sources located over a wide
     representative via VHF radio on channel                 any comment received to its public                    geographic area. The program requires
     16. If authorization is granted by the                  docket. Do not submit electronically any              SIPs to address visibility-impairing
     COTP St. Petersburg or a designated                     information you consider to be                        pollutants. For more information on
     representative, all persons and vessels                 Confidential Business Information (CBI)               regional haze, visibility protection, and
     receiving such authorization must                       or other information whose disclosure is              SIPs please see our May 19, 2017 and
     comply with the instructions of the                     restricted by statute. Multimedia                     July 13, 2017 Federal Register proposals
     COTP St. Petersburg or a designated                     submissions (audio, video, etc.) must be              for Louisiana EGUs discussed below.
     representative.                                         accompanied by a written comment.                     These proposals can be accessed
       (d) Enforcement Period. This rule will                The written comment is considered the                 through regulations.gov (docket EPA–
     be enforced daily from 9 a.m. to 5 p.m.                 official comment and should include                   R06–OAR–207–0129).
     on the third weekend of November                        discussion of all points you wish to                     On May 19, 2017, we published a
     (Friday, Saturday and Sunday).                          make. The EPA will generally not                      proposal to approve a Louisiana SIP
                                                             consider comments or comment                          revision to address regional haze
       Dated: September 20, 2017.                            contents located outside of the primary               requirements for EGUs with the
     Holly L. Najarian,                                      submission (i.e. on the web, cloud, or                exception of the Entergy R. S. Nelson
     Captain, U.S. Coast Guard, Captain of the               other file sharing system). For                       EGU (Entergy Nelson) in Calcasieu
     Port Saint Petersburg.                                  additional submission methods, please                 Parish (82 FR 22936). On July 13, 2017,
     [FR Doc. 2017–20534 Filed 9–25–17; 8:45 am]             contact Jennifer Huser, 214–665–7347,                 we published a proposal to approve a
     BILLING CODE 9110–04–P                                  huser.jennifer@epa.gov. For the full EPA              proposed Louisiana SIP revision


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Document Created: 2017-09-26 02:48:22
Document Modified: 2017-09-26 02:48:22
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 26, 2017.
ContactIf you have questions on this rule, call or email Marine Science Technician First Class Michael D. Shackleford, Sector St. Petersburg Prevention Department, Coast Guard; telephone (813) 228-2191, email [email protected]
FR Citation82 FR 44751 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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