82_FR_58816 82 FR 58578 - Special Local Regulation; Gasparilla Marine Parade; Hillsborough Bay; Tampa, FL

82 FR 58578 - Special Local Regulation; Gasparilla Marine Parade; Hillsborough Bay; Tampa, FL

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 82, Issue 238 (December 13, 2017)

Page Range58578-58580
FR Document2017-26830

The Coast Guard is establishing a special local regulation for the annual Gasparilla Marine Parade on the waters of Hillsborough Bay in the vicinity of Tampa, Florida. This event is expected to attract over 600 spectator craft along the parade route, with approximately 18 vessels participating in the official flotilla. The parade is scheduled to take place annually on the last Saturday in January. This regulation is necessary to ensure the safety of public, the official flotilla, and spectator vessels before, during, and after the conclusion of the parade.

Federal Register, Volume 82 Issue 238 (Wednesday, December 13, 2017)
[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Proposed Rules]
[Pages 58578-58580]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26830]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0332]
RIN 1625-AA08


Special Local Regulation; Gasparilla Marine Parade; Hillsborough 
Bay; Tampa, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is establishing a special local regulation for 
the annual Gasparilla Marine Parade on the waters of Hillsborough Bay 
in the vicinity of Tampa, Florida. This event is expected to attract 
over 600 spectator craft along the parade route, with approximately 18 
vessels participating in the official flotilla. The parade is scheduled 
to take place annually on the last Saturday in January. This regulation 
is necessary to ensure the safety of public, the official flotilla, and 
spectator vessels before, during, and after the conclusion of the 
parade.

DATES: Comments and related material must be received by the Coast 
Guard on or before January 12, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0332 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email 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

II. Background, Purpose, and Legal Basis

    The Coast Guard proposes to establish a special local regulation on 
the waters of the Hillsborough Bay, Tampa, Florida

[[Page 58579]]

during the annual Gasparilla Marine Parade. This event is expected to 
attract over 600 spectator craft along the parade route, with 
approximately 18 vessels participating in the official flotilla. The 
parade is scheduled to take place annually on the last Saturday in 
January. This proposed rulemaking is necessary to ensure the safety of 
public, the official flotilla, and spectator vessels on these navigable 
waters of the United States during the Annual Gasparilla Marine Parade. 
The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 
1233.

III. Discussion of Proposed Rule

    This rule establishes a temporary special local regulation for the 
Gasparilla Marine Parade on the waters of Hillsborough Bay in Tampa, 
Florida annually on the last saturday in January. This special 
regulation sets forth specific requirements for vessels operating 
within the regulated area during the period of enforcement.
    Persons and vessels not meeting the requirements of this regulation 
may request authorization to enter, transit through, anchor in, or 
remain within the regulated area by contacting the Captain of the Port 
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 Captain of the Port St. Petersburg or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port St. 
Petersburg or a designated representative. The Coast Guard will provide 
notice of the special local regulations by Local Notice to Mariners, 
Broadcast Notice to Mariners, and/or on-scene designated 
representatives.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. 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.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulation will be enforced 
for only nine hours; (2) although certain persons and vessels are 
prohibited to enter, transit through, anchor in, or remain within the 
regulated area without authorization from the Captain of the Port St. 
Petersburg or a designated representative, they may operate in the 
surrounding area during the enforcement period; (3) the Coast Guard 
will provide advance notification of the special local regulations to 
the local maritime community by Local Notice to Mariners and/or 
Broadcast Notice to Mariners; and (4) persons and vessels not meeting 
the requirements of this regulation may request authorization to enter, 
transit through, anchor in, or remain within the regulated area by 
contacting the Captain of the Port or a designated representative.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

[[Page 58580]]

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 rule involves a special local 
regulation issued in conjunction with a regatta or marine parade. This 
rule is 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 website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

0
2. Revise Sec.  100.734 to read as follows:


Sec.  100.734   Special Local Regulation; Gasparilla Marine Parade; 
Hillsborough Bay; Tampa, FL.

    (a) Regulated area. A regulated area is established consisting of 
the following waters of Hillsborough Bay and its tributaries north of 
27[deg]51'18'' N and south of the John F. Kennedy Bridge: Hillsborough 
Cut ``D'' Channel, Seddon Channel, Sparkman Channel and the 
Hillsborough River south of the John F. Kennedy Bridge. All coordinates 
referenced use datum: NAD 83.
    (b) Regulations. (1) Entrance into the regulated area is prohibited 
to all commercial marine traffic from 9 a.m. to 6 p.m. EST on the day 
of the event.
    (2) The regulated area will include a 100 yard Safety Zone around 
the vessel JOSE GASPAR while docked at the Tampa Yacht Club until 6 
p.m. EST on the day of the event.
    (3) The regulated area is a ``no wake'' zone.
    (4) All vessels within the regulated area shall stay 50 feet away 
from and give way to all officially entered vessels in parade formation 
in the Gasparilla Marine Parade.
    (5) When within the marked channels of the parade route, vessels 
participating in the Gasparilla Marine Parade may not exceed the 
minimum speed necessary to maintain steerage.
    (6) Jet skis and vessels without mechanical propulsion are 
prohibited from the parade route.
    (7) Vessels less than 10 feet in length are prohibited from the 
parade route unless capable of safely participating.
    (8) Vessels found to be unsafe to participate at the discretion of 
a present Law Enforcement Officer are prohibited from the parade route.
    (9) Northbound vessels in excess of 65 feet in length without 
mooring arrangement made prior to the date of the event are prohibited 
from entering Seddon Channel unless the vessel is officially entered in 
the Gasparilla Marine Parade.
    (10) Vessels not officially entered in the Gasparilla Marine Parade 
may not enter the parade staging area box within the following 
coordinates: 27[deg]53'53'' N, 082[deg]27'47'' W; 27[deg]53'22'' N, 
082[deg]27'10'' W; 27[deg]52'36'' N, 082[deg]27'55'' W; 27[deg]53'02'' 
N, 082[deg]28'31'' W.
    (c) Enforcement period. This rule will be enforced from 9 a.m. to 6 
p.m. annually on the last Saturday in January.

Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2017-26830 Filed 12-12-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                  58578             Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Proposed Rules

                                                  order is to be issued, and (2) the date                 federalism implications to warrant the                DEPARTMENT OF HOMELAND
                                                  that notice of the proposed temporary                   preparation of a Federalism Assessment.               SECURITY
                                                  scheduling order is transmitted to the
                                                                                                          List of Subjects in 21 CFR Part 1308                  Coast Guard
                                                  Assistant Secretary of HHS. 21 U.S.C.
                                                  811(h)(1).                                                Administrative practice and
                                                     Inasmuch as section 201(h) of the                    procedure, Drug traffic control,                      33 CFR Part 100
                                                  CSA directs that temporary scheduling                   Reporting and recordkeeping                           [Docket Number USCG–2017–0332]
                                                  actions be issued by order and sets forth               requirements.
                                                  the procedures by which such orders are                                                                       RIN 1625–AA08
                                                                                                            For the reasons set out above, the DEA
                                                  to be issued, the DEA believes that the                 proposes to amend 21 CFR part 1308 as                 Special Local Regulation; Gasparilla
                                                  notice and comment requirements of                      follows:                                              Marine Parade; Hillsborough Bay;
                                                  section 553 of the Administrative
                                                                                                                                                                Tampa, FL
                                                  Procedure Act (APA), 5 U.S.C. 553, do                   PART 1308—SCHEDULES OF
                                                  not apply to this notice of intent. In the              CONTROLLED SUBSTANCES                                 AGENCY:   Coast Guard, DHS.
                                                  alternative, even assuming that this                                                                          ACTION:   Notice of proposed rulemaking.
                                                  notice of intent might be subject to                    ■ 1. The authority citation for part 1308
                                                  section 553 of the APA, the                             continues to read as follows:                         SUMMARY:   The Coast Guard is
                                                  Administrator finds that there is good                    Authority: 21 U.S.C. 811, 812, 871(b),              establishing a special local regulation
                                                  cause to forgo the notice and comment                   unless otherwise noted.                               for the annual Gasparilla Marine Parade
                                                  requirements of section 553, as any                     ■ 2. In § 1308.11, add paragraphs (h)(23)             on the waters of Hillsborough Bay in the
                                                  further delays in the process for                       through (29) to read as follows:                      vicinity of Tampa, Florida. This event is
                                                  issuance of temporary scheduling orders                                                                       expected to attract over 600 spectator
                                                  would be impracticable and contrary to                  § 1308.11    Schedule I.                              craft along the parade route, with
                                                  the public interest in view of the                      *      *    *      *    *                             approximately 18 vessels participating
                                                  manifest urgency to avoid an imminent                      (h) * * *                                          in the official flotilla. The parade is
                                                  hazard to the public safety.                               (23) N-(1-phenethylpiperidin-4-yl)-N-              scheduled to take place annually on the
                                                     Although the DEA believes this notice                phenylpentanamide, its isomers, esters,               last Saturday in January. This regulation
                                                  of intent to issue a temporary                          ethers, salts and salts of isomers, esters            is necessary to ensure the safety of
                                                  scheduling order is not subject to the                  and ethers (Other name: valeryl                       public, the official flotilla, and spectator
                                                  notice and comment requirements of                      fentanyl) . . . (9804)                                vessels before, during, and after the
                                                  section 553 of the APA, the DEA notes                      (24) N-(4-fluorophenyl)-N-(1-                      conclusion of the parade.
                                                  that in accordance with 21 U.S.C.                       phenethylpiperidin-4-yl)butyramide, its               DATES: Comments and related material
                                                  811(h)(4), the Administrator took into                  isomers, esters, ethers, salts and salts of           must be received by the Coast Guard on
                                                  consideration comments submitted by                     isomers, esters and ethers (Other name:               or before January 12, 2018.
                                                  the Assistant Secretary in response to                  para-fluorobutyryl fentanyl) . . . (9823)             ADDRESSES: You may submit comments
                                                  notice that DEA transmitted to the                         (25) N-(4-methoxyphenyl)-N-(1-                     identified by docket number USCG–
                                                  Assistant Secretary pursuant to section                 phenethylpiperidin-4-yl)butyramide, its               2017–0332 using the Federal
                                                  811(h)(4).                                              isomers, esters, ethers, salts and salts of           eRulemaking Portal at http://
                                                     Further, the DEA believes that this                  isomers, esters and ethers (Other name:               www.regulations.gov. See the ‘‘Public
                                                  temporary scheduling action is not a                    para-methoxybutyryl fentanyl) . . .                   Participation and Request for
                                                  ‘‘rule’’ as defined by 5 U.S.C. 601(2),                 (9837)                                                Comments’’ portion of the
                                                  and, accordingly, is not subject to the                    (26) N-(4-chlorophenyl)-N-(1-                      SUPPLEMENTARY INFORMATION section for
                                                  requirements of the Regulatory                          phenethylpiperidin-4-yl)isobutyramide,                further instructions on submitting
                                                  Flexibility Act (RFA). The requirements                 its isomers, esters, ethers, salts and salts          comments.
                                                  for the preparation of an initial                       of isomers, esters and ethers (Other
                                                  regulatory flexibility analysis in 5 U.S.C.                                                                   FOR FURTHER INFORMATION CONTACT:    If
                                                                                                          name: para-chloroisobutyryl fentanyl)
                                                  603(a) are not applicable where, as here,                                                                     you have questions about this proposed
                                                                                                          . . . (9826)
                                                  the DEA is not required by section 553                                                                        rulemaking, call or email Marine
                                                                                                             (27) N-(1-phenethylpiperidin-4-yl)-N-              Science Technician First Class Michael
                                                  of the APA or any other law to publish                  phenylisobutyramide, its isomers,
                                                  a general notice of proposed                                                                                  D. Shackleford, Sector St. Petersburg
                                                                                                          esters, ethers, salts and salts of isomers,           Prevention Department, Coast Guard;
                                                  rulemaking.                                             esters and ethers (Other name:
                                                     Additionally, this action is not a                                                                         telephone (813)228–2191, email
                                                                                                          isobutyryl fentanyl) . . . (9827)                     Michael.D.Shackleford@uscg.mil.
                                                  significant regulatory action as defined                   (28) N-(1-phenethylpiperidin-4-yl)-N-
                                                  by Executive Order 12866 (Regulatory                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                          phenylcyclopentanecarboxamide, its
                                                  Planning and Review), section 3(f), and,                isomers, esters, ethers, salts and salts of           I. Table of Abbreviations
                                                  accordingly, this action has not been                   isomers, esters and ethers (Other name:
                                                  reviewed by the Office of Management                                                                          CFR Code of Federal Regulations
                                                                                                          cyclopentyl fentanyl) . . . (9847)                    DHS Department of Homeland Security
                                                  and Budget.                                                (29) N-(2-fluorophenyl)-2-methoxy-N-               FR Federal Register
                                                     This action will not have substantial                (1-phenethylpiperidin-4-yl)acetamide,                 NPRM Notice of proposed rulemaking
                                                  direct effects on the States, on the
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                                                                                                          its isomers, esters, ethers, salts and salts          Pub. L. Public Law
                                                  relationship between the national                       of isomers, esters and ethers (Other                  § Section
                                                  government and the States, or on the                    name: ocfentanil) . . . (9832)                        U.S.C. United States Code
                                                  distribution of power and
                                                  responsibilities among the various                        Dated: December 5, 2017.                            II. Background, Purpose, and Legal
                                                  levels of government. Therefore, in                     Robert W. Patterson,                                  Basis
                                                  accordance with Executive Order 13132                   Acting Administrator.                                    The Coast Guard proposes to establish
                                                  (Federalism) it is determined that this                 [FR Doc. 2017–26854 Filed 12–12–17; 8:45 am]          a special local regulation on the waters
                                                  action does not have sufficient                         BILLING CODE 4410–09–P                                of the Hillsborough Bay, Tampa, Florida


                                             VerDate Sep<11>2014   16:09 Dec 12, 2017   Jkt 244001   PO 00000   Frm 00013   Fmt 4702   Sfmt 4702   E:\FR\FM\13DEP1.SGM   13DEP1


                                                                    Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Proposed Rules                                           58579

                                                  during the annual Gasparilla Marine                     flexibility. This NPRM has not been                      Under section 213(a) of the Small
                                                  Parade. This event is expected to attract               designated a ‘‘significant regulatory                 Business Regulatory Enforcement
                                                  over 600 spectator craft along the parade               action,’’ under Executive Order 12866.                Fairness Act of 1996 (Pub. L. 104–121),
                                                  route, with approximately 18 vessels                    Accordingly, the NPRM has not been                    we want to assist small entities in
                                                  participating in the official flotilla. The             reviewed by the Office of Management                  understanding this proposed rule. If the
                                                  parade is scheduled to take place                       and Budget.                                           rule would affect your small business,
                                                  annually on the last Saturday in                           The economic impact of this rule is                organization, or governmental
                                                  January. This proposed rulemaking is                    not significant for the following reasons:            jurisdiction and you have questions
                                                  necessary to ensure the safety of public,               (1) The special local regulation will be              concerning its provisions or options for
                                                  the official flotilla, and spectator vessels            enforced for only nine hours; (2)                     compliance, please contact the person
                                                  on these navigable waters of the United                 although certain persons and vessels are              listed in the FOR FURTHER INFORMATION
                                                  States during the Annual Gasparilla                     prohibited to enter, transit through,                 CONTACT section. The Coast Guard will
                                                  Marine Parade. The Coast Guard                          anchor in, or remain within the                       not retaliate against small entities that
                                                  proposes this rulemaking under                          regulated area without authorization                  question or complain about this
                                                  authority in 33 U.S.C. 1233.                            from the Captain of the Port St.                      proposed rule or any policy or action of
                                                                                                          Petersburg or a designated                            the Coast Guard.
                                                  III. Discussion of Proposed Rule                        representative, they may operate in the
                                                     This rule establishes a temporary                    surrounding area during the                           C. Collection of Information
                                                  special local regulation for the                        enforcement period; (3) the Coast Guard                 This proposed rule would not call for
                                                  Gasparilla Marine Parade on the waters                  will provide advance notification of the              a new collection of information under
                                                  of Hillsborough Bay in Tampa, Florida                   special local regulations to the local                the Paperwork Reduction Act of 1995
                                                  annually on the last saturday in January.               maritime community by Local Notice to                 (44 U.S.C. 3501–3520).
                                                  This special regulation sets forth                      Mariners and/or Broadcast Notice to
                                                                                                                                                                D. Federalism and Indian Tribal
                                                  specific requirements for vessels                       Mariners; and (4) persons and vessels
                                                                                                                                                                Governments
                                                  operating within the regulated area                     not meeting the requirements of this
                                                  during the period of enforcement.                       regulation may request authorization to                  A rule has implications for federalism
                                                     Persons and vessels not meeting the                  enter, transit through, anchor in, or                 under Executive Order 13132,
                                                  requirements of this regulation may                     remain within the regulated area by                   Federalism, if it has a substantial direct
                                                  request authorization to enter, transit                 contacting the Captain of the Port or a               effect on the States, on the relationship
                                                  through, anchor in, or remain within the                designated representative.                            between the national government and
                                                  regulated area by contacting the Captain                                                                      the States, or on the distribution of
                                                                                                          B. Impact on Small Entities                           power and responsibilities among the
                                                  of the Port St. Petersburg by telephone
                                                  at (727) 824–7506, or a designated                         The Regulatory Flexibility Act of                  various levels of government. We have
                                                  representative via VHF radio on channel                 1980, 5 U.S.C. 601–612, as amended,                   analyzed this proposed rule under that
                                                  16. If authorization to enter, transit                  requires Federal agencies to consider                 Order and have determined that it is
                                                  through, anchor in, or remain within the                the potential impact of regulations on                consistent with the fundamental
                                                  regulated area is granted by the Captain                small entities during rulemaking. The                 federalism principles and preemption
                                                  of the Port St. Petersburg or a designated              term ‘‘small entities’’ comprises small               requirements described in Executive
                                                  representative, all persons and vessels                 businesses, not-for-profit organizations              Order 13132.
                                                  receiving such authorization must                       that are independently owned and                         Also, this proposed rule does not have
                                                  comply with the instructions of the                     operated and are not dominant in their                tribal implications under Executive
                                                  Captain of the Port St. Petersburg or a                 fields, and governmental jurisdictions                Order 13175, Consultation and
                                                  designated representative. The Coast                    with populations of less than 50,000.                 Coordination with Indian Tribal
                                                  Guard will provide notice of the special                The Coast Guard certifies under 5 U.S.C.              Governments, because it would not have
                                                  local regulations by Local Notice to                    605(b) that this proposed rule would not              a substantial direct effect on one or
                                                  Mariners, Broadcast Notice to Mariners,                 have a significant economic impact on                 more Indian tribes, on the relationship
                                                  and/or on-scene designated                              a substantial number of small entities.               between the Federal Government and
                                                  representatives.                                           This rule may affect the following                 Indian tribes, or on the distribution of
                                                                                                          entities, some of which may be small                  power and responsibilities between the
                                                  IV. Regulatory Analyses                                 entities: The owners or operators of                  Federal Government and Indian tribes.
                                                    We developed this proposed rule after                 vessels intending to enter, transit                   If you believe this proposed rule has
                                                  considering numerous statutes and                       through, anchor in, or remain within                  implications for federalism or Indian
                                                  Executive Orders related to rulemaking.                 that portion of Hillsborough Bay,                     tribes, please contact the person listed
                                                  Below we summarize our analyses                         Tampa, FL, encompassed within the                     in the FOR FURTHER INFORMATION
                                                  based on a number of these statutes and                 special local regulation annually on the              CONTACT section above.
                                                  Executive Orders, and we discuss First                  last saturday in January. For the reasons
                                                                                                          stated in section IV.A above, this rule               E. Unfunded Mandates Reform Act
                                                  Amendment rights of protestors.
                                                                                                          will not have a significant economic                    The Unfunded Mandates Reform Act
                                                  A. Regulatory Planning and Review                       impact on a substantial number of small               of 1995 (2 U.S.C. 1531–1538) requires
                                                     Executive Orders 12866 and 13563                     entities.                                             Federal agencies to assess the effects of
                                                  direct agencies to assess the costs and                    If you think that your business,                   their discretionary regulatory actions. In
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                                                  benefits of available regulatory                        organization, or governmental                         particular, the Act addresses actions
                                                  alternatives and, if regulation is                      jurisdiction qualifies as a small entity              that may result in the expenditure by a
                                                  necessary, to select regulatory                         and that this rule would have a                       State, local, or tribal government, in the
                                                  approaches that maximize net benefits.                  significant economic impact on it,                    aggregate, or by the private sector of
                                                  Executive Order 13563 emphasizes the                    please submit a comment (see                          $100,000,000 (adjusted for inflation) or
                                                  importance of quantifying both costs                    ADDRESSES) explaining why you think it                more in any one year. Though this
                                                  and benefits, of reducing costs, of                     qualifies and how and to what degree                  proposed rule would not result in such
                                                  harmonizing rules, and of promoting                     this rule would economically affect it.               an expenditure, we do discuss the


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                                                  58580             Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Proposed Rules

                                                  effects of this rule elsewhere in this                  Act notice regarding the Federal Docket                  (7) Vessels less than 10 feet in length
                                                  preamble.                                               Management System in the March 24,                    are prohibited from the parade route
                                                                                                          2005, issue of the Federal Register (70               unless capable of safely participating.
                                                  F. Environment
                                                                                                          FR 15086).                                               (8) Vessels found to be unsafe to
                                                    We have analyzed this proposed rule                     Documents mentioned in this NPRM                    participate at the discretion of a present
                                                  under Department of Homeland                            as being available in the docket, and all             Law Enforcement Officer are prohibited
                                                  Security Management Directive 023–01                    public comments, will be in our online                from the parade route.
                                                  and Commandant Instruction                              docket at http://www.regulations.gov                     (9) Northbound vessels in excess of 65
                                                  M16475.lD, which guide the Coast                        and can be viewed by following that                   feet in length without mooring
                                                  Guard in complying with the National                    website’s instructions. Additionally, if              arrangement made prior to the date of
                                                  Environmental Policy Act of 1969 (42                    you go to the online docket and sign up               the event are prohibited from entering
                                                  U.S.C. 4321–4370f), and have made a                     for email alerts, you will be notified                Seddon Channel unless the vessel is
                                                  preliminary determination that this                     when comments are posted or a final                   officially entered in the Gasparilla
                                                  action is one of a category of actions that             rule is published.                                    Marine Parade.
                                                  do not individually or cumulatively                                                                              (10) Vessels not officially entered in
                                                  have a significant effect on the human                  List of Subjects in 33 CFR Part 100                   the Gasparilla Marine Parade may not
                                                  environment. This rule involves a                         Marine safety, Navigation (water),                  enter the parade staging area box within
                                                  special local regulation issued in                      Reporting and recordkeeping                           the following coordinates: 27°53′53″ N,
                                                  conjunction with a regatta or marine                    requirements, Waterways.                              082°27′47″ W; 27°53′22″ N, 082°27′10″
                                                  parade. This rule is categorically                        For the reasons discussed in the                    W; 27°52′36″ N, 082°27′55″ W;
                                                  excluded from further review under                      preamble, the Coast Guard proposes to                 27°53′02″ N, 082°28′31″ W.
                                                  paragraph (34) (h) of Figure 2–1 of                     amend 33 CFR part 100 as follows:                       (c) Enforcement period. This rule will
                                                  Commandant Instruction M16475.lD.                                                                             be enforced from 9 a.m. to 6 p.m.
                                                  We seek any comments or information                     PART 100—SAFETY OF LIFE ON                            annually on the last Saturday in
                                                  that may lead to the discovery of a                     NAVIGABLE WATERS                                      January.
                                                  significant environmental impact from
                                                  this proposed rule.                                     ■ 1. The authority citation for part 100              Holly L. Najarian,
                                                                                                          continues to read as follows:                         Captain, U.S. Coast Guard, Captain of the
                                                  G. Protest Activities                                                                                         Port Saint Petersburg.
                                                                                                              Authority: 33 U.S.C. 1233.
                                                    The Coast Guard respects the First                                                                          [FR Doc. 2017–26830 Filed 12–12–17; 8:45 am]
                                                  Amendment rights of protesters.                         ■   2. Revise § 100.734 to read as follows:           BILLING CODE 9110–04–P
                                                  Protesters are asked to contact the
                                                                                                          § 100.734 Special Local Regulation;
                                                  person listed in the FOR FURTHER                        Gasparilla Marine Parade; Hillsborough
                                                  INFORMATION CONTACT section to                          Bay; Tampa, FL.                                       POSTAL SERVICE
                                                  coordinate protest activities so that your
                                                  message can be received without                            (a) Regulated area. A regulated area is            39 CFR Part 111
                                                  jeopardizing the safety or security of                  established consisting of the following
                                                  people, places, or vessels.                             waters of Hillsborough Bay and its                    Revenue Deficiency
                                                                                                          tributaries north of 27°51′18″ N and
                                                  V. Public Participation and Request for                 south of the John F. Kennedy Bridge:                  AGENCY:  Postal ServiceTM.
                                                  Comments                                                Hillsborough Cut ‘‘D’’ Channel, Seddon                ACTION: Proposed rule.
                                                     We view public participation as                      Channel, Sparkman Channel and the
                                                                                                          Hillsborough River south of the John F.               SUMMARY:   The Postal Service is
                                                  essential to effective rulemaking, and
                                                                                                          Kennedy Bridge. All coordinates                       proposing to amend Mailing Standards
                                                  will consider all comments and material
                                                                                                          referenced use datum: NAD 83.                         of the United States Postal Service,
                                                  received during the comment period.
                                                                                                             (b) Regulations. (1) Entrance into the             Domestic Mail Manual (DMM®) to
                                                  Your comments can help shape the
                                                                                                          regulated area is prohibited to all                   clarify the Postal Service revenue
                                                  outcome of this rulemaking. If you
                                                                                                          commercial marine traffic from 9 a.m. to              deficiency policy.
                                                  submit a comment, please include the
                                                  docket number for this rulemaking,                      6 p.m. EST on the day of the event.                   DATES: Submit comments on or before
                                                  indicate the specific section of this                      (2) The regulated area will include a              January 12, 2018.
                                                  document to which each comment                          100 yard Safety Zone around the vessel                ADDRESSES: Mail or deliver written
                                                  applies, and provide a reason for each                  JOSE GASPAR while docked at the                       comments to the manager, Product
                                                  suggestion or recommendation.                           Tampa Yacht Club until 6 p.m. EST on                  Classification, U.S. Postal Service, 475
                                                     We encourage you to submit                           the day of the event.                                 L’Enfant Plaza SW, Room 4446,
                                                  comments through the Federal                               (3) The regulated area is a ‘‘no wake’’            Washington, DC 20260–5015. If sending
                                                  eRulemaking Portal at http://                           zone.                                                 comments by email, include the name
                                                  www.regulations.gov. If your material                      (4) All vessels within the regulated               and address of the commenter and send
                                                  cannot be submitted using http://                       area shall stay 50 feet away from and                 to ProductClassification@usps.gov, with
                                                  www.regulations.gov, contact the person                 give way to all officially entered vessels            a subject line of ‘‘Verification
                                                  in the FOR FURTHER INFORMATION                          in parade formation in the Gasparilla                 Standards’’. Faxed comments are not
                                                  CONTACT section of this document for                    Marine Parade.                                        accepted.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  alternate instructions.                                    (5) When within the marked channels                   You may inspect and photocopy all
                                                     We accept anonymous comments. All                    of the parade route, vessels participating            written comments, by appointment
                                                  comments received will be posted                        in the Gasparilla Marine Parade may not               only, at USPS® Headquarters Library,
                                                  without change to http://                               exceed the minimum speed necessary to                 475 L’Enfant Plaza SW, 11th Floor
                                                  www.regulations.gov and will include                    maintain steerage.                                    North, Washington, DC, 20260. These
                                                  any personal information you have                          (6) Jet skis and vessels without                   records are available for review on
                                                  provided. For more about privacy and                    mechanical propulsion are prohibited                  Monday through Friday, 9 a.m.–4 p.m.,
                                                  the docket, you may review a Privacy                    from the parade route.                                by calling 202–268–2906.


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Document Created: 2017-12-13 01:23:58
Document Modified: 2017-12-13 01:23:58
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 January 12, 2018.
ContactIf you have questions about this proposed rulemaking, 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 58578 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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