82_FR_55541 82 FR 55318 - Special Local Regulation; Gulf of Mexico; Englewood, FL

82 FR 55318 - Special Local Regulation; Gulf of Mexico; Englewood, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 223 (November 21, 2017)

Page Range55318-55320
FR Document2017-25182

The Coast Guard is establishing 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, 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 establishes 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 223 (Tuesday, November 21, 2017)
[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Rules and Regulations]
[Pages 55318-55320]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25182]


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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: Final rule.

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

SUMMARY: The Coast Guard is establishing 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, 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 
establishes 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: This rule is effective without actual notice November 21, 2017. 
For the purposes of enforcement, actual notice will be used from 
November 15, 2017 through November 21, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0598 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email 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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is establishing 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 will 
normally occur annually from 9 a.m. to 5 p.m. on the third weekend of 
November (Friday, Saturday, and Sunday). In 2017, the race will occur 
daily from 9:00 to 5:00 p.m. starting from Friday, November 17, 2017 
through Sunday, November 19, 2017. 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.
    The Coast Guard published a notice of proposed rulemaking (NPRM) on 
September 26, 2017, entitled ``Special Local Regulation; Gulf of 
Mexico;

[[Page 55319]]

Englewood, FL'' (see 82 FR 44751). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
the high speed boat races. During the comment period that ended October 
26, 2017, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with this event, 
which will take place this year from Friday, November 17, 2017 through 
Sunday, November 19, 2017.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port St. Petersburg (COTP) has determined this 
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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on the NPRM, which 
published September 26, 2017. We are modifying the regulatory text of 
this rule to clarify that we will provide notice of the special local 
regulations by Local Notice to Mariners and/or Broadcast Notice to 
Mariners.
    This rule establishes 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. In 2017, the race 
will be occurring on Friday, November 17, 2017 through Sunday, November 
19, 2017.
    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.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

[[Page 55320]]

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a special local regulation issued in conjunction with a 
marine boat race. It is categorically excluded from further review 
under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.


0
2. Add Sec.  100.735 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]22'11'' 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 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.
    (5) The Coast Guard will provide notice of the special local 
regulations by Local Notice to Mariners and/or Broadcast Notice to 
Mariners.
    (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).

Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2017-25182 Filed 11-20-17; 8:45 am]
BILLING CODE 9110-04-P



                                                  55318            Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Rules and Regulations

                                                  of the FDIC-supervised institution’s                    or total capital minority interest                      the United States during the event. The
                                                  common equity tier 1 elements, after                    includable under § 324.21 (surplus                      special local regulation establishes the
                                                  regulatory adjustments and deductions                   minority interest), respectively.                       following three areas: A race area where
                                                  required under § 324.22(a) through (c)                  *     *     *     *    *                                all persons and vessels, except those
                                                  (transition 15 percent common equity                                                                            persons and vessels participating in the
                                                  tier 1 capital deduction threshold).                              TABLE 9 TO § 324.300                          high speed boat races, are prohibited
                                                     (iv) Beginning January 1, 2018, an                                                                           from entering, transiting through,
                                                  FDIC-supervised institution must                                                           Percentage of the anchoring in, or remaining within; a
                                                  calculate the 15 percent common equity                                                     amount of surplus spectator area where all vessels must be
                                                  tier 1 capital deduction threshold in                                                       or non-qualifying   anchored or operate at No Wake Speed;
                                                                                                                                              minority interest
                                                  accordance with § 324.22(d).                                Transition period                  that can be      and an enforcement area where
                                                     (5) Special transition provisions for                                                       included in      designated representatives may control
                                                  non-significant investments in the                                                         regulatory capital vessel traffic as determined by the
                                                  capital of unconsolidated financial                                                             during the      prevailing conditions.
                                                                                                                                              transition period
                                                  institutions, significant investments in                                                                        DATES: This rule is effective without
                                                  the capital of unconsolidated financial                 Calendar year 2014 ........                         80 actual notice November 21, 2017. For
                                                  institutions that are not in the form of                Calendar year 2015 ........                         60 the purposes of enforcement, actual
                                                  common stock, MSAs, DTAs arising                        Calendar year 2016 ........                         40 notice will be used from November 15,
                                                  from temporary differences that the                     Calendar year 2017 ........                         20 2017 through November 21, 2017.
                                                  FDIC-supervised institution could not                   Calendar year 2018 and                                  ADDRESSES: To view documents
                                                  realize through net operating loss                        thereafter .....................                    0 mentioned in this preamble as being
                                                  carrybacks, and significant investments                                                                         available in the docket, go to http://
                                                  in the capital of unconsolidated                        *     *      *         *         *                      www.regulations.gov, type USCG–2017–
                                                  financial institutions in the form of                     Dated: November 13, 2017.                             0598 in the ‘‘SEARCH’’ box and click
                                                  common stock. Beginning January 1,                      Keith A. Noreika,                                       ‘‘SEARCH.’’ Click on Open Docket
                                                  2018, an FDIC-supervised institution                    Acting Comptroller of the Currency.                     Folder on the line associated with this
                                                  that is not an advanced approaches                                                                              rule.
                                                                                                            By order of the Board of Governors of the
                                                  FDIC-supervised institution must                        Federal Reserve System, November 15, 2017.              FOR  FURTHER INFORMATION CONTACT: If
                                                  continue to apply the transition                                                                                you have questions on this rule, call or
                                                  provisions described in paragraphs                      Ann E. Misback,
                                                                                                                                                                  email Marine Science Technician First
                                                  (b)(4)(i), (ii), and (iii) of this section              Secretary of the Board.                                 Class Michael D. Shackleford, Sector St.
                                                  applicable to calendar year 2017 to                       Dated at Washington, DC this 14th of                  Petersburg Prevention Department,
                                                  items that are subject to deduction                     November, 2017.                                         Coast Guard; telephone (813) 228–2191,
                                                  under § 324.22(c)(4), (c)(5), and (d),                    By order of the Board of Directors.                   email Michael.d.shackleford@uscg.mil.
                                                  respectively.                                           Federal Deposit Insurance Corporation.                  SUPPLEMENTARY INFORMATION:
                                                  *       *     *     *       *                           Robert E. Feldman,
                                                                                                                                                                I. Table of Abbreviations
                                                     (d) Minority interest—(1) Surplus                    Executive Secretary.
                                                  minority interest—(i) Advanced                          [FR Doc. 2017–25172 Filed 11–20–17; 8:45 am]
                                                                                                                                                                CFR Code of Federal Regulations
                                                  approaches FDIC-supervised institution                                                                        DHS Department of Homeland Security
                                                                                                          BILLING CODE P                                        FR Federal Register
                                                  surplus minority interest. Beginning
                                                                                                                                                                NPRM Notice of proposed rulemaking
                                                  January 1, 2014, through December 31,                                                                         § Section
                                                  2017, an advanced approaches FDIC-                                                                            U.S.C. United States Code
                                                  supervised institution may include in                   DEPARTMENT OF HOMELAND
                                                  common equity tier 1 capital, tier 1                    SECURITY                                              II. Background Information and
                                                  capital, or total capital the percentage of                                                                   Regulatory History
                                                                                                          Coast Guard
                                                  the common equity tier 1 minority                                                                                The Coast Guard is establishing a
                                                  interest, tier 1 minority interest and                  33 CFR Part 100                                       special local regulation on the waters of
                                                  total capital minority interest                                                                               the Gulf of Mexico in the vicinity of
                                                  outstanding as of January 1, 2014 that                  [Docket Number USCG–2017–0598]                        Englewood, Florida during the OPA
                                                  exceeds any common equity tier 1                                                                              World Championships High Speed Boat
                                                  minority interest, tier 1 minority interest             RIN 1625–AA08
                                                                                                                                                                Race. The race will normally occur
                                                  or total capital minority interest                      Special Local Regulation; Gulf of                     annually from 9 a.m. to 5 p.m. on the
                                                  includable under § 324.21 (surplus                      Mexico; Englewood, FL                                 third weekend of November (Friday,
                                                  minority interest), respectively, as set                                                                      Saturday, and Sunday). In 2017, the race
                                                  forth in Table 9 to § 324.300.                          AGENCY:    Coast Guard, DHS.                          will occur daily from 9:00 to 5:00 p.m.
                                                     (ii) Non-advanced approaches FDIC-                   ACTION:   Final rule.                                 starting from Friday, November 17, 2017
                                                  supervised institution surplus minority                                                                       through Sunday, November 19, 2017.
                                                  interest. An FDIC-supervised institution                SUMMARY:   The Coast Guard is                         Approximately 60 boats, ranging in
                                                  that is not an advanced approaches                      establishing a special local regulation on            length from 22 feet to 50 feet, traveling
                                                  FDIC-supervised institution may                         the waters of the Gulf of Mexico in the               at speeds in excess of 77 miles per hour
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  include in common equity tier 1 capital,                vicinity of Englewood, Florida during                 are expected to participate.
                                                  tier 1 capital, or total capital 20 percent             the OPA World Championships High                      Additionally, it is anticipated that 100
                                                  of the common equity tier 1 minority                    Speed Boat Race, an annually recurring                spectator vessels will be present along
                                                  interest, tier 1 minority interest and                  event in the month of November. The                   the race course.
                                                  total capital minority interest                         special local regulation is necessary to                 The Coast Guard published a notice of
                                                  outstanding as of January 1, 2014 that                  protect the safety of race participants,              proposed rulemaking (NPRM) on
                                                  exceeds any common equity tier 1                        participant vessels, spectators, and the              September 26, 2017, entitled ‘‘Special
                                                  minority interest, tier 1 minority interest             general public on navigable waters of                 Local Regulation; Gulf of Mexico;


                                             VerDate Sep<11>2014   17:18 Nov 20, 2017   Jkt 244001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\21NOR1.SGM   21NOR1


                                                                   Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Rules and Regulations                                       55319

                                                  Englewood, FL’’ (see 82 FR 44751).                      telephone at (727) 824–7506, or a                     requires Federal agencies to consider
                                                  There we stated why we issued the                       designated representative via VHF radio               the potential impact of regulations on
                                                  NPRM, and invited comments on our                       on channel 16. If authorization to enter,             small entities during rulemaking. The
                                                  proposed regulatory action related to the               transit through, anchor in, or remain                 term ‘‘small entities’’ comprises small
                                                  high speed boat races. During the                       within the regulated area is granted by               businesses, not-for-profit organizations
                                                  comment period that ended October 26,                   the COTP St. Petersburg or a designated               that are independently owned and
                                                  2017, we received no comments.                          representative, all persons and vessels               operated and are not dominant in their
                                                    Under 5 U.S.C. 553(d)(3), the Coast                   receiving such authorization must                     fields, and governmental jurisdictions
                                                  Guard finds that good cause exists for                  comply with the instructions of the                   with populations of less than 50,000.
                                                  making this rule effective less than 30                 COTP St. Petersburg or a designated                   The Coast Guard received no comments
                                                  days after publication in the Federal                   representative. The Coast Guard will                  from the Small Business Administration
                                                  Register. Delaying the effective date of                provide notice of the special local                   on this rulemaking. The Coast Guard
                                                  this rule would be impracticable                        regulations by Local Notice to Mariners               certifies under 5 U.S.C. 605(b) that this
                                                  because immediate action is needed to                   and/or Broadcast Notice to Mariners.                  rule will not have a significant
                                                  respond to the potential safety hazards                                                                       economic impact on a substantial
                                                  associated with this event, which will                  V. Regulatory Analyses
                                                                                                                                                                number of small entities.
                                                  take place this year from Friday,                         We developed this rule after                           While some owners or operators of
                                                  November 17, 2017 through Sunday,                       considering numerous statutes and                     vessels intending to transit the safety
                                                  November 19, 2017.                                      Executive orders related to rulemaking.               zone may be small entities, for the
                                                                                                          Below we summarize our analyses                       reasons stated in section V.A above, this
                                                  III. Legal Authority and Need for Rule                  based on a number of these statutes and               rule will not have a significant
                                                     The Coast Guard is issuing this rule                 Executive orders, and we discuss First                economic impact on any vessel owner
                                                  under authority in 33 U.S.C. 1231. The                  Amendment rights of protestors.                       or operator.
                                                  Captain of the Port St. Petersburg                                                                               Under section 213(a) of the Small
                                                  (COTP) has determined this rulemaking                   A. Regulatory Planning and Review
                                                                                                                                                                Business Regulatory Enforcement
                                                  is necessary to provide for the safety of                  Executive Orders 12866 and 13563                   Fairness Act of 1996 (Public Law 104–
                                                  race participants, participant vessels,                 direct agencies to assess the costs and               121), we want to assist small entities in
                                                  spectators, and the general public on                   benefits of available regulatory                      understanding this rule. If the rule
                                                  these navigable waters of the United                    alternatives and, if regulation is                    would affect your small business,
                                                  States during the OPA World                             necessary, to select regulatory                       organization, or governmental
                                                  Championships.                                          approaches that maximize net benefits.                jurisdiction and you have questions
                                                                                                          Executive Order 13771 directs agencies                concerning its provisions or options for
                                                  IV. Discussion of Comments, Changes,                    to control regulatory costs through a
                                                  and the Rule                                                                                                  compliance, please contact the person
                                                                                                          budgeting process. This rule has not                  listed in the FOR FURTHER INFORMATION
                                                     As noted above, we received no                       been designated a ‘‘significant                       CONTACT section.
                                                  comments on the NPRM, which                             regulatory action,’’ under Executive                     Small businesses may send comments
                                                  published September 26, 2017. We are                    Order 12866. Accordingly, this rule has               on the actions of Federal employees
                                                  modifying the regulatory text of this rule              not been reviewed by the Office of                    who enforce, or otherwise determine
                                                  to clarify that we will provide notice of               Management and Budget (OMB), and                      compliance with, Federal regulations to
                                                  the special local regulations by Local                  pursuant to OMB guidance it is exempt                 the Small Business and Agriculture
                                                  Notice to Mariners and/or Broadcast                     from the requirements of Executive                    Regulatory Enforcement Ombudsman
                                                  Notice to Mariners.                                     Order 13771.                                          and the Regional Small Business
                                                     This rule establishes a special local                   This regulatory action determination               Regulatory Fairness Boards. The
                                                  regulation that will encompass certain                  is based on the following reasons: (1)                Ombudsman evaluates these actions
                                                  waters of the Gulf of Mexico in                         The special local regulation will be                  annually and rates each agency’s
                                                  Englewood, Florida. The special local                   enforced for only eight hours on three                responsiveness to small business. If you
                                                  regulation will be enforced daily from                  days; (2) although persons and vessels                wish to comment on actions by
                                                  9:00 a.m. until 5:00 p.m. during the race               may not enter, transit through, anchor                employees of the Coast Guard, call 1–
                                                  event. The special local regulation will                in, or remain within the regulated area               888–REG–FAIR (1–888–734–3247). The
                                                  establish the following three areas: (1) A              without authorization from the COTP                   Coast Guard will not retaliate against
                                                  race area where all persons and vessels,                St. Petersburg or a designated                        small entities that question or complain
                                                  except those persons and vessels                        representative, they may operate in the               about this rule or any policy or action
                                                  participating in the high speed boat                    surrounding area during the                           of the Coast Guard.
                                                  races, are prohibited from entering,                    enforcement period; (3) persons and
                                                  transiting through, anchoring in, or                    vessels may still enter, transit through,             C. Collection of Information
                                                  remaining within; (2) a spectator area                  anchor in, or remain within the                         This rule will not call for a new
                                                  where all vessels must be anchored or                   regulated area or anchor in the spectator             collection of information under the
                                                  operate at No Wake Speed; and (3) an                    area, during the enforcement period if                Paperwork Reduction Act of 1995 (44
                                                  enforcement area where designated                       authorized by the COTP St. Petersburg                 U.S.C. 3501–3520).
                                                  representatives may control vessel                      or a designated representative; and (4)
                                                  traffic as determined by the prevailing                                                                       D. Federalism and Indian Tribal
                                                                                                          the Coast Guard will provide advance
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                                                  conditions. In 2017, the race will be                                                                         Governments
                                                                                                          notification of the special local
                                                  occurring on Friday, November 17, 2017                  regulation to the local maritime                         A rule has implications for federalism
                                                  through Sunday, November 19, 2017.                      community by Local Notice to Mariners                 under Executive Order 13132,
                                                     Persons and vessels may request                      and/or Broadcast Notice to Mariners.                  Federalism, if it has a substantial direct
                                                  authorization to enter, transit through,                                                                      effect on the States, on the relationship
                                                  anchor in, or remain within the                         B. Impact on Small Entities                           between the national government and
                                                  regulated area by contacting the Captain                  The Regulatory Flexibility Act of                   the States, or on the distribution of
                                                  of the Port (COTP) St. Petersburg by                    1980, 5 U.S.C. 601–612, as amended,                   power and responsibilities among the


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                                                  55320            Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Rules and Regulations

                                                  various levels of government. We have                   jeopardizing the safety or security of                remaining within the Race Area unless
                                                  analyzed this rule under that Order and                 people, places or vessels.                            an authorized race participant.
                                                  have determined that it is consistent                                                                           (2) Designated representatives may
                                                                                                          List of Subjects in 33 CFR Part 100                   control vessel traffic throughout the
                                                  with the fundamental federalism
                                                  principles and preemption requirements                    Marine safety, Navigation (water),                  enforcement area as determined by the
                                                  described in Executive Order 13132.                     Reporting and recordkeeping                           prevailing conditions.
                                                     Also, this rule does not have tribal                 requirements, Waterways.                                (3) All vessels are to be anchored and/
                                                  implications under Executive Order                        For the reasons discussed in the                    or operate at a No Wake Speed in the
                                                  13175, Consultation and Coordination                    preamble, the Coast Guard amends 33                   spectator area. On-scene designated
                                                  with Indian Tribal Governments,                         CFR part 100 as follows:                              representatives will direct spectator
                                                  because it does not have a substantial                                                                        vessels to the spectator area.
                                                  direct effect on one or more Indian                     PART 100—SAFETY OF LIFE ON                              (4) Persons and vessels may request
                                                  tribes, on the relationship between the                 NAVIGABLE WATERS                                      authorization to enter, transit through,
                                                  Federal Government and Indian tribes,                                                                         anchor in, or remain within the
                                                  or on the distribution of power and                     ■ 1. The authority citation for part 100              regulated areas by contacting the COTP
                                                  responsibilities between the Federal                    continues to read as follows:                         St. Petersburg by telephone at (727)
                                                  Government and Indian tribes. If you                        Authority: 33 U.S.C. 1233.                        824–7506, or a designated
                                                  believe this rule has implications for                                                                        representative via VHF radio on channel
                                                  federalism or Indian tribes, please                     ■   2. Add § 100.735 to read as follows:              16. If authorization is granted by the
                                                  contact the person listed in the FOR                    § 100.735 Special Local Regulation;                   COTP St. Petersburg or a designated
                                                  FURTHER INFORMATION CONTACT section.                    Annual OPA World Championships, Gulf of               representative, all persons and vessels
                                                  E. Unfunded Mandates Reform Act                         Mexico; Englewood Beach, FL.                          receiving such authorization must
                                                                                                             (a) Regulated areas. The following                 comply with the instructions of the
                                                    The Unfunded Mandates Reform Act                                                                            COTP St. Petersburg or a designated
                                                                                                          regulated areas are established as
                                                  of 1995 (2 U.S.C. 1531–1538) requires                                                                         representative.
                                                                                                          special local regulations. All
                                                  Federal agencies to assess the effects of                                                                       (5) The Coast Guard will provide
                                                                                                          coordinates are North American Datum
                                                  their discretionary regulatory actions. In                                                                    notice of the special local regulations by
                                                                                                          1983.
                                                  particular, the Act addresses actions                                                                         Local Notice to Mariners and/or
                                                                                                             (1) Race area. All waters of the Gulf
                                                  that may result in the expenditure by a                                                                       Broadcast Notice to Mariners.
                                                                                                          of Mexico contained within the
                                                  State, local, or tribal government, in the                                                                      (d) Enforcement period. This rule will
                                                                                                          following points: 26°56′00″ N.,
                                                  aggregate, or by the private sector of                                                                        be enforced daily from 9 a.m. to 5 p.m.
                                                                                                          082°22′11″ W., thence to position
                                                  $100,000,000 (adjusted for inflation) or                                                                      on the third weekend of November
                                                                                                          26°55′59″ N., 082°22′16″ W., thence to
                                                  more in any one year. Though this rule                                                                        (Friday, Saturday and Sunday).
                                                                                                          position 26°54′22″ N., 082°21′20″ W.,
                                                  will not result in such an expenditure,
                                                                                                          thence to position 26°54′24″ N.,                      Holly L. Najarian,
                                                  we do discuss the effects of this rule
                                                                                                          082°21′16″ W., thence to position                     Captain, U.S. Coast Guard, Captain of the
                                                  elsewhere in this preamble.
                                                                                                          26°54′25″ N., 082°21′17″ W., thence                   Port Saint Petersburg.
                                                  F. Environment                                          back to the original position 26°56′00″               [FR Doc. 2017–25182 Filed 11–20–17; 8:45 am]
                                                     We have analyzed this rule under                     N., 082°21′11″ W.                                     BILLING CODE 9110–04–P
                                                  Department of Homeland Security                            (2) Spectator area. All waters of the
                                                  Management Directive 023–01 and                         Gulf of Mexico contained with the
                                                  Commandant Instruction M16475.lD,                       following points: 26°55′33″ N.,                       DEPARTMENT OF HOMELAND
                                                  which guide the Coast Guard in                          082°22′21″ W., thence to position                     SECURITY
                                                  complying with the National                             26°54′14″ N., 082°21′35″ W., thence to
                                                  Environmental Policy Act of 1969 (42                    position 26°54′11″ N., 082°21′40″ W.,                 Coast Guard
                                                  U.S.C. 4321–4370f), and have                            thence to position 26°55′31″ N.,
                                                  determined that this action is one of a                 082°22′26″ W., thence back to position                33 CFR Part 117
                                                  category of actions that do not                         26°55′33″ N., 082°22′21″ W.                           [Docket No. USCG–2016–0561]
                                                  individually or cumulatively have a                        (3) Enforcement area. All waters of
                                                                                                          the Gulf of Mexico encompassed within                 RIN 1625–AA09
                                                  significant effect on the human
                                                  environment. This rule involves a                       the following points: 26°56′09″ N.,
                                                                                                          082°22′12″ W., thence to position                     Drawbridge Operation Regulation;
                                                  special local regulation issued in                                                                            Upper Mississippi River, IA
                                                  conjunction with a marine boat race. It                 26°54′13″ N., 082°21′03″ W., thence to
                                                  is categorically excluded from further                  position 26°53′58″ N., 082°21′43″ W.,                 AGENCY:    Coast Guard, DHS.
                                                  review under paragraph 34(h) of Figure                  thence to position 26°55′56″ N.,                      ACTION:   Final rule.
                                                  2–1 of the Commandant Instruction. A                    082°22′48″ W., thence back to position
                                                  Record of Environmental Consideration                   26°56′09″ N., 082°22′12″ W.                           SUMMARY:   The Coast Guard is changing
                                                  supporting this determination is                           (b) Definition. The term ‘‘designated              the operating schedule that governs the
                                                  available in the docket where indicated                 representative’’ means Coast Guard                    draws of all bridges between Lock and
                                                  under ADDRESSES.                                        Patrol Commanders, including Coast                    Dam No. 14, mile 493.3, and Lock and
                                                                                                          Guard coxswains, petty officers, and                  Dam No. 10, mile 615.1, on the Upper
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                                                  G. Protest Activities                                   other officers operating Coast Guard                  Mississippi River by adding a 24-hour
                                                    The Coast Guard respects the First                    vessels, and Federal, state, and local                notice requirement for openings during
                                                  Amendment rights of protesters.                         officers designated by or assisting the               the winter season. This revision allows
                                                  Protesters are asked to contact the                     COTP St. Petersburg in the enforcement                the drawbridges to remain in the closed-
                                                  person listed in the FOR FURTHER                        of the regulated areas.                               to-navigation position for extended
                                                  INFORMATION CONTACT section to                             (c) Regulations. (1) All persons and               periods allowing the owners of the
                                                  coordinate protest activities so that your              vessels are prohibited from entering,                 drawbridges to perform preventive
                                                  message can be received without                         transiting through, anchoring in, or                  maintenance that is essential to the safe


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Document Created: 2017-11-21 00:43:04
Document Modified: 2017-11-21 00:43:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective without actual notice November 21, 2017. For the purposes of enforcement, actual notice will be used from November 15, 2017 through November 21, 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 55318 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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