83_FR_10415 83 FR 10368 - Safety Zone; Firestone Grand Prix of St. Petersburg, St. Petersburg, Florida

83 FR 10368 - Safety Zone; Firestone Grand Prix of St. Petersburg, St. Petersburg, Florida

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 47 (March 9, 2018)

Page Range10368-10370
FR Document2018-04744

The Coast Guard is establishing a temporary safety zone on the navigable waters of Tampa Bay, in the vicinity of the St. Petersburg Municipal Yacht Basin, St. Petersburg, Florida during the Firestone Grand Prix of St. Petersburg. The temporary safety zone is necessary to protect the safety of the race participants, spectators, and vessels on the surrounding waterway during grand prix racing on a course abutting the St. Petersburg Municipal Yacht Basin. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port St. Petersburg or a designated representative.

Federal Register, Volume 83 Issue 47 (Friday, March 9, 2018)
[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Rules and Regulations]
[Pages 10368-10370]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04744]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0037]
RIN 1625-AA00


Safety Zone; Firestone Grand Prix of St. Petersburg, St. 
Petersburg, Florida

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Tampa Bay, in the vicinity of the St. Petersburg 
Municipal Yacht Basin, St. Petersburg, Florida during the Firestone 
Grand Prix of St. Petersburg. The temporary safety zone is necessary to 
protect the safety of the race participants, spectators, and vessels on 
the surrounding waterway during grand prix racing on a course abutting 
the St. Petersburg Municipal Yacht Basin. Persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated area unless authorized by the Captain of 
the Port St. Petersburg or a designated representative.

DATES: This rule is effective without actual notice from March 9, 2018 
until 10 p.m. on March 11, 2018. For the purposes of enforcement, 
actual notice will be used from 6 a.m. on March 7, 2018 until March 9, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0037 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 
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, Purpose, and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard was not notified of 
the event with sufficient time to publish a NPRM prior to the event. 
The Coast Guard received information regarding the need for a safety 
zone for the event on January 10, 2018. The event would occur before 
the rulemaking process would be completed. Because of the dangers posed 
by the race involved in this event, the safety zone is necessary to 
provide for the safety of race participants, spectators, and other 
vessels navigating the surrounding waterways. Delaying the effective 
date by first publishing an NPRM and holding a comment period would be 
contrary to the rule's objectives of ensuring safety of life on the 
navigable waters and protection of race participants, spectators, and 
vessels in the surrounding waterways. For those reasons, it would be 
impracticable to publish an NPRM.
    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 for the same reasons discussed 
above.

III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's authority to 
establish regulated navigation areas: 33 U.S.C. 1231. The Captain of 
the Port St. Petersburg has determined that a safety zone is necessary 
to protect race participants, spectators, and vessels from the hazards 
associated with race events. The rule is necessary to ensure the safety 
of life vessels and persons in the navigable waters within the safety 
zone during the Firestone Grand Prix of St. Petersburg, Florida.

IV. Discussion of the Rule

    This rule establishes a safety zone from March 7, 2018 through 
March 11, 2018, which will be enforced daily from 6 a.m. to 10 p.m. The 
safety zone will cover all navigable waters within a specified area of 
Tampa Bay, St. Petersburg. The duration of the zone is intended to 
ensure the safety of the public and these navigable waters during the 
race event. No vessel or person will be permitted to enter, transit 
through, anchor in, or remain within the safety zone without obtaining 
permission from the Captain of the Port St. Petersburg or a designated 
representative.
    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 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 safety zone by Local Notice to Mariners, 
Broadcast Notice to Mariners, and/or on-scene designated 
representatives.

IV. Regulatory Analyses

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

[[Page 10369]]

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: (1) The safety 
zone will be enforced for a limited period of time over the course of 
four days during the Firestone Grand Prix of St. Petersburg, Florida 
race events; (2) although 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 safety zone to the local maritime community by 
Local Notice to Mariners and/or Broadcast Notice to Mariners.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, which guides 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 safety zone that will prohibit 
persons and vessels from entering, transiting through, anchoring in, or 
remaining within the regulated area during a four day high speed grand 
prix race event. It is categorically excluded from further review under 
paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 01. 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 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T07-0037 to read as follows:

[[Page 10370]]

Sec.  165.T07-0037  Safety Zone; Firestone Grand Prix of St. 
Petersburg, St. Petersburg, FL.

    (a) Regulated area. The following area is established as a safety 
zone. All waters of the Gulf of Mexico encompassed within the following 
points: 27[deg]46'18'' N, 082[deg]37'55.2'' W, thence to position 
27[deg]46'18'' N, 082[deg]37'54.6'' W, thence to position 
27[deg]46'9.6'' N, 082[deg]37'54.6'' W, thence to position 
27[deg]46'9.6'' N, 082[deg]37'33'' W, thence to position 
27[deg]46'4.2'' N, 082[deg]37'33'' W, thence to position 
27[deg]45'59.4'' N, 082[deg]37'50.4'' W, thence to position 
27[deg]46'6.6'' N, 082[deg]37'56.4'' W, thence to position 
27[deg]46'13.8'' N, 082[deg]37'55.8'' W, thence back to the original 
position 27[deg]46'18'' N, 082[deg]37'55.2'' W. All coordinates are 
North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port 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 
Regulated Area unless authorized by the Captain of the Port St. 
Petersburg or a designated representative.
    (2) Designated representatives may control vessel traffic 
throughout the enforcement area as determined by the prevailing 
conditions.
    (3) Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated areas 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 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.
    (d) Enforcement period. This rule will be enforced from 6 a.m. 
until 10 p.m. daily from March 7, 2018 through March 11, 2018.

Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2018-04744 Filed 3-8-18; 8:45 am]
 BILLING CODE 9110-04-P



                                           10368                      Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Rules and Regulations

                                           PART 1308—SCHEDULES OF                                This rule is effective without
                                                                                                           DATES:                                                the surrounding waterways. For those
                                           CONTROLLED SUBSTANCES                         actual notice from March 9, 2018 until                                  reasons, it would be impracticable to
                                                                                         10 p.m. on March 11, 2018. For the                                      publish an NPRM.
                                           ■ 1. The authority citation for part 1308     purposes of enforcement, actual notice                                    Under 5 U.S.C. 553(d)(3), the Coast
                                           continues to read as follows:                 will be used from 6 a.m. on March 7,                                    Guard finds that good cause exists for
                                             Authority: 21 U.S.C. 811, 812, 871(b),      2018 until March 9, 2018.                                               making this rule effective less than 30
                                           956(b), unless otherwise noted.               ADDRESSES: To view documents                                            days after publication in the Federal
                                           ■ 2. In § 1308.11, paragraphs (h)(23) and     mentioned in this preamble as being                                     Register for the same reasons discussed
                                           (29) are revised to read as follows:          available in the docket, go to http://                                  above.
                                                                                         www.regulations.gov, type USCG–2018–                                    III. Legal Authority and Need for Rule
                                           § 1308.11 Schedule I.                         0037 in the ‘‘SEARCH’’ box and click
                                           *     *      *     *      *                   ‘‘SEARCH.’’ Click on Open Docket                                           The legal basis for this rule is the
                                             (h) * * *                                   Folder on the line associated with this                                 Coast Guard’s authority to establish
                                                                                         rule.                                                                   regulated navigation areas: 33 U.S.C.
                                           (23) N-(1-phenethylpiperidin-4-yl)-
                                                                                         FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                                 1231. The Captain of the Port St.
                                             N-phenylpentanamide, its iso-
                                             mers, esters, ethers, salts and             you have questions on this rule, call or                                Petersburg has determined that a safety
                                             salts of isomers, esters and ethers         email Marine Science Technician First                                   zone is necessary to protect race
                                             (Other name: Valeryl fentanyl) ...   (9840) Class Michael Shackleford, Sector St.                                   participants, spectators, and vessels
                                                                                         Petersburg Prevention Department,                                       from the hazards associated with race
                                           *     *      *     *      *                                                                                           events. The rule is necessary to ensure
                                           (29) N-(2-fluorophenyl)-2-methoxy-            Coast Guard; telephone (813) 228–2191,
                                                                                         email Michael.D.Shackleford@uscg.mil.                                   the safety of life vessels and persons in
                                             N-(1-phenethylpiperidin-4-                                                                                          the navigable waters within the safety
                                             yl)acetamide, its isomers, esters,          SUPPLEMENTARY INFORMATION:
                                               ethers, salts and salts of isomers,
                                                                                                                                                                 zone during the Firestone Grand Prix of
                                               esters and ethers (Other name:                              I.    Table of Abbreviations                          St. Petersburg, Florida.
                                               Ocfentanil) ....................................   (9838)   CFR Code of Federal Regulations                       IV. Discussion of the Rule
                                           *        *        *        *       *                            DHS Department of Homeland Security
                                                                                                           FR Federal Register                                      This rule establishes a safety zone
                                             Dated: February 28, 2018.                                     NPRM Notice of proposed rulemaking                    from March 7, 2018 through March 11,
                                           Robert W. Patterson,                                            § Section                                             2018, which will be enforced daily from
                                           Acting Administrator.                                           U.S.C. United States Code                             6 a.m. to 10 p.m. The safety zone will
                                           [FR Doc. 2018–04765 Filed 3–8–18; 8:45 am]                      II. Background, Purpose, and                          cover all navigable waters within a
                                                                                                           Regulatory History                                    specified area of Tampa Bay, St.
                                           BILLING CODE 4410–09–P
                                                                                                                                                                 Petersburg. The duration of the zone is
                                                                                                              The Coast Guard is issuing this                    intended to ensure the safety of the
                                                                                                           temporary rule without prior notice and               public and these navigable waters
                                           DEPARTMENT OF HOMELAND                                          opportunity to comment pursuant to                    during the race event. No vessel or
                                           SECURITY                                                        authority under section 4(a) of the                   person will be permitted to enter, transit
                                                                                                           Administrative Procedure Act (APA) (5                 through, anchor in, or remain within the
                                           Coast Guard                                                     U.S.C. 553(b)). This provision                        safety zone without obtaining
                                                                                                           authorizes an agency to issue a rule                  permission from the Captain of the Port
                                           33 CFR Part 165                                                 without prior notice and opportunity to               St. Petersburg or a designated
                                           [Docket Number USCG–2018–0037]                                  comment when the agency for good                      representative.
                                                                                                           cause finds that those procedures are                    Persons and vessels may request
                                           RIN 1625–AA00                                                   ‘‘impracticable, unnecessary, or contrary             authorization to enter, transit through,
                                                                                                           to the public interest.’’ Under 5 U.S.C.              anchor in, or remain within the
                                           Safety Zone; Firestone Grand Prix of
                                                                                                           553(b)(B), the Coast Guard finds that                 regulated area by contacting the Captain
                                           St. Petersburg, St. Petersburg, Florida
                                                                                                           good cause exists for not publishing a                of the Port St. Petersburg by telephone
                                           AGENCY:       Coast Guard, DHS.                                 notice of proposed rulemaking (NPRM)                  at (727) 824–7506, or a designated
                                           ACTION:      Temporary final rule.                              with respect to this rule because the                 representative via VHF radio on channel
                                                                                                           Coast Guard was not notified of the                   16. If authorization to enter, transit
                                           SUMMARY:   The Coast Guard is                                   event with sufficient time to publish a               through, anchor in, or remain within the
                                           establishing a temporary safety zone on                         NPRM prior to the event. The Coast                    regulated area is granted by the Captain
                                           the navigable waters of Tampa Bay, in                           Guard received information regarding                  of the Port St. Petersburg or a designated
                                           the vicinity of the St. Petersburg                              the need for a safety zone for the event              representative, all persons and vessels
                                           Municipal Yacht Basin, St. Petersburg,                          on January 10, 2018. The event would                  receiving such authorization must
                                           Florida during the Firestone Grand Prix                         occur before the rulemaking process                   comply with the instructions of the
                                           of St. Petersburg. The temporary safety                         would be completed. Because of the                    Captain of the Port St. Petersburg or a
                                           zone is necessary to protect the safety of                      dangers posed by the race involved in                 designated representative. The Coast
                                           the race participants, spectators, and                          this event, the safety zone is necessary              Guard will provide notice of the safety
                                           vessels on the surrounding waterway                             to provide for the safety of race                     zone by Local Notice to Mariners,
                                           during grand prix racing on a course                            participants, spectators, and other                   Broadcast Notice to Mariners, and/or
                                           abutting the St. Petersburg Municipal                           vessels navigating the surrounding                    on-scene designated representatives.
                                           Yacht Basin. Persons and vessels are                            waterways. Delaying the effective date
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                                           prohibited from entering, transiting                            by first publishing an NPRM and                       IV. Regulatory Analyses
                                           through, anchoring in, or remaining                             holding a comment period would be                       We developed this rule after
                                           within the regulated area unless                                contrary to the rule’s objectives of                  considering numerous statutes and
                                           authorized by the Captain of the Port St.                       ensuring safety of life on the navigable              Executive orders related to rulemaking.
                                           Petersburg or a designated                                      waters and protection of race                         Below we summarize our analyses
                                           representative.                                                 participants, spectators, and vessels in              based on a number of these statutes and


                                      VerDate Sep<11>2014        15:43 Mar 08, 2018      Jkt 244001   PO 00000   Frm 00012   Fmt 4700   Sfmt 4700   E:\FR\FM\09MRR1.SGM   09MRR1


                                                                Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Rules and Regulations                                          10369

                                           Executive orders, and we discuss First                  organization, or governmental                         that may result in the expenditure by a
                                           Amendment rights of protestors.                         jurisdiction and you have questions                   State, local, or tribal government, in the
                                                                                                   concerning its provisions or options for              aggregate, or by the private sector of
                                           A. Regulatory Planning and Review
                                                                                                   compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                              Executive Orders 12866 and 13563                     listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                           direct agencies to assess the costs and                 CONTACT section.                                      would not result in such an
                                           benefits of available regulatory                           Small businesses may send comments                 expenditure, we do discuss the effects of
                                           alternatives and, if regulation is                      on the actions of Federal employees                   this rule elsewhere in this preamble.
                                           necessary, to select regulatory                         who enforce, or otherwise determine
                                           approaches that maximize net benefits.                  compliance with, Federal regulations to               F. Environment
                                           Executive Order 13771 directs agencies                  the Small Business and Agriculture
                                           to control regulatory costs through a                                                                            We have analyzed this rule under
                                                                                                   Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                           budgeting process. This rule has not                    and the Regional Small Business
                                           been designated a ‘‘significant                                                                               Directive 023–01, which guides the
                                                                                                   Regulatory Fairness Boards. The                       Coast Guard in complying with the
                                           regulatory action,’’ under Executive                    Ombudsman evaluates these actions
                                           Order 12866. Accordingly, this rule has                                                                       National Environmental Policy Act of
                                                                                                   annually and rates each agency’s                      1969(42 U.S.C. 4321–4370f), and have
                                           not been reviewed by the Office of                      responsiveness to small business. If you
                                           Management and Budget (OMB), and                                                                              determined that this action is one of a
                                                                                                   wish to comment on actions by                         category of actions that do not
                                           pursuant to OMB guidance it is exempt                   employees of the Coast Guard, call 1–
                                           from the requirements of Executive                                                                            individually or cumulatively have a
                                                                                                   888–REG–FAIR (1–888–734–3247). The                    significant effect on the human
                                           Order 13771.                                            Coast Guard will not retaliate against
                                              This regulatory action determination                                                                       environment. This rule involves a safety
                                                                                                   small entities that question or complain              zone that will prohibit persons and
                                           is based on: (1) The safety zone will be                about this rule or any policy or action
                                           enforced for a limited period of time                                                                         vessels from entering, transiting
                                                                                                   of the Coast Guard.                                   through, anchoring in, or remaining
                                           over the course of four days during the
                                           Firestone Grand Prix of St. Petersburg,                 C. Collection of Information                          within the regulated area during a four
                                           Florida race events; (2) although persons                 This rule will not call for a new                   day high speed grand prix race event. It
                                           and vessels are prohibited to enter,                    collection of information under the                   is categorically excluded from further
                                           transit through, anchor in, or remain                   Paperwork Reduction Act of 1995 (44                   review under paragraph L60 of
                                           within the regulated area without                       U.S.C. 3501–3520).                                    Appendix A, Table 1 of DHS Instruction
                                           authorization from the Captain of the                                                                         Manual 023–01–001–01, Rev. 01. A
                                           Port St. Petersburg or a designated                     D. Federalism and Indian Tribal                       Record of Environmental Consideration
                                           representative, they may operate in the                 Governments                                           supporting this determination is
                                           surrounding area during the                                A rule has implications for federalism             available in the docket where indicated
                                           enforcement period; (3) the Coast Guard                 under Executive Order 13132,                          under ADDRESSES.
                                           will provide advance notification of the                Federalism, if it has a substantial direct            G. Protest Activities
                                           safety zone to the local maritime                       effect on the States, on the relationship
                                           community by Local Notice to Mariners                   between the national government and                     The Coast Guard respects the First
                                           and/or Broadcast Notice to Mariners.                    the States, or on the distribution of                 Amendment rights of protesters.
                                                                                                   power and responsibilities among the                  Protesters are asked to contact the
                                           B. Impact on Small Entities                             various levels of government. We have                 person listed in the FOR FURTHER
                                              The Regulatory Flexibility Act of                    analyzed this rule under that Order and               INFORMATION CONTACT section to
                                           1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 coordinate protest activities so that your
                                           requires Federal agencies to consider                   with the fundamental federalism                       message can be received without
                                           the potential impact of regulations on                  principles and preemption requirements                jeopardizing the safety or security of
                                           small entities during rulemaking. The                   described in Executive Order 13132.                   people, places, or vessels.
                                           term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal
                                           businesses, not-for-profit organizations                implications under Executive Order                    List of Subjects in 33 CFR Part 165
                                           that are independently owned and                        13175, Consultation and Coordination
                                                                                                                                                           Harbors, Marine safety, Navigation
                                           operated and are not dominant in their                  with Indian Tribal Governments,
                                                                                                                                                         (water), Reporting and recordkeeping
                                           fields, and governmental jurisdictions                  because it does not have a substantial
                                                                                                                                                         requirements, Security measures,
                                           with populations of less than 50,000.                   direct effect on one or more Indian
                                                                                                                                                         Waterways.
                                           The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the
                                           605(b) that this rule would not have a                  Federal Government and Indian tribes,                   For the reasons discussed in the
                                           significant economic impact on a                        or on the distribution of power and                   preamble, the Coast Guard amends 33
                                           substantial number of small entities.                   responsibilities between the Federal                  CFR part 165 as follows:
                                              While some owners or operators of                    Government and Indian tribes. If you
                                           vessels intending to transit the safety                 believe this rule has implications for                PART 165—REGULATED NAVIGATION
                                           zone may be small entities, for the                     federalism or Indian tribes, please                   AREAS AND LIMITED ACCESS AREAS
                                           reasons stated in section V.A above, this               contact the person listed in the FOR
                                           rule will not have a significant                        FURTHER INFORMATION CONTACT section                   ■ 1. The authority citation for part 165
                                           economic impact on any vessel owner                     above.                                                continues to read as follows:
                                           or operator.
amozie on DSK30RV082PROD with RULES




                                                                                                   E. Unfunded Mandates Reform Act                         Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              Under section 213(a) of the Small
                                                                                                                                                         33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                           Business Regulatory Enforcement                           The Unfunded Mandates Reform Act
                                                                                                                                                         Department of Homeland Security Delegation
                                           Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                                                                         No. 0170.1.
                                           we want to assist small entities in                     Federal agencies to assess the effects of
                                           understanding this rule. If the rule                    their discretionary regulatory actions. In            ■ 2. Add § 165.T07–0037 to read as
                                           would affect your small business,                       particular, the Act addresses actions                 follows:


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                                           10370                Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Rules and Regulations

                                           § 165.T07–0037 Safety Zone; Firestone                   POSTAL REGULATORY COMMISSION                          Class Package Service Contract 59
                                           Grand Prix of St. Petersburg, St.                                                                             (MC2018–11 and CP2018–18); October
                                           Petersburg, FL.                                         39 CFR Part 3020                                      25, 2017, Priority Mail & First-Class
                                              (a) Regulated area. The following area               [Docket Nos. MC2010–21 and CP2010–36]                 Package Service Contract 60 (MC2018–
                                           is established as a safety zone. All                                                                          12 and CP2018–19); October 31, 2017,
                                           waters of the Gulf of Mexico                            Update to Product Lists                               Global Plus 1E (MC2018–7 and CP2018–
                                           encompassed within the following                                                                              12); October 31, 2017, Parcel Select
                                                                                                   AGENCY:    Postal Regulatory Commission.              Contract 24 (MC2018–13 and CP2018–
                                           points: 27°46′18″ N, 082°37′55.2″ W,
                                           thence to position 27°46′18″ N,                         ACTION:   Final rule.                                 26); November 1, 2017, Global
                                           082°37′54.6″ W, thence to position                                                                            Expedited Package Services 9 (MC2018–
                                                                                                   SUMMARY:    The Commission is updating
                                           27°46′9.6″ N, 082°37′54.6″ W, thence to                                                                       6 and CP2018–11); November 2, 2017,
                                                                                                   the competitive product list. This action
                                           position 27°46′9.6″ N, 082°37′33″ W,                                                                          Priority Mail Contract 369 (MC2018–8
                                                                                                   reflects a publication policy adopted by
                                           thence to position 27°46′4.2″ N,                                                                              and CP2018–15); November 3, 2017,
                                                                                                   Commission order. The referenced
                                           082°37′33″ W, thence to position                                                                              Priority Mail & First-Class Package
                                                                                                   policy assumes periodic updates. The
                                           27°45′59.4″ N, 082°37′50.4″ W, thence to                updates are identified in the body of                 Service Contract 61 (MC2018–14 and
                                           position 27°46′6.6″ N, 082°37′56.4″ W,                  this document. The competitive product                CP2018–30); November 3, 2017, Priority
                                           thence to position 27°46′13.8″ N,                       list, which is re-published in its                    Mail Contract 371 (MC2018–15 and
                                           082°37′55.8″ W, thence back to the                      entirety, includes these updates.                     CP2018–31); November 3, 2017, Priority
                                           original position 27°46′18″ N,                                                                                Mail Express Contract 52 (MC2018–16
                                                                                                   DATES: Effective: March 9, 2018. For
                                           082°37′55.2″ W. All coordinates are                                                                           and CP2018–32); November 3, 2017,
                                                                                                   applicability dates, see SUPPLEMENTARY                Priority Mail Express, Priority Mail &
                                           North American Datum 1983.                              INFORMATION.
                                                                                                                                                         First-Class Package Service Contract 23
                                              (b) Definition. The term ‘‘designated                FOR FURTHER INFORMATION CONTACT:                      (MC2018–17 and CP2018–33);
                                           representative’’ means Coast Guard                      David A. Trissell, General Counsel, at                November 9, 2017, Priority Mail Express
                                           Patrol Commanders, including Coast                      202–789–6800.                                         & Priority Mail Contract 52 (MC2018–18
                                           Guard coxswains, petty officers, and                                                                          and CP2018–40); November 9, 2017,
                                                                                                   SUPPLEMENTARY INFORMATION:
                                           other officers operating Coast Guard                                                                          Priority Mail Express, Priority Mail &
                                           vessels, and Federal, state, and local                  Applicability Dates                                   First-Class Package Service Contract 24
                                           officers designated by or assisting the                   October 3, 2017, Priority Mail                      (MC2018–19 and CP2018–41);
                                           Captain of the Port St. Petersburg in the               Contract 358 (MC2017–204 and                          November 15, 2017, Priority Mail
                                           enforcement of the regulated areas.                     CP2017–312); October 3, 2017, Priority                Express, Priority Mail & First-Class
                                              (c) Regulations. (1) All persons and                 Mail Contract 359 (MC2017–205 and                     Package Service Contract 25 (MC2018–
                                           vessels are prohibited from entering,                   CP2017–313); October 3, 2017, Priority                20 and CP2018–42); November 15, 2017,
                                           transiting through, anchoring in, or                    Mail Contract 360 (MC2017–206 and                     Priority Mail Contract 372 (MC2018–21
                                           remaining within the Regulated Area                     CP2017–314); October 5, 2017,                         and CP2018–43); November 21, 2017,
                                           unless authorized by the Captain of the                 Alternative Delivery Provider Reseller 1              Priority Mail Contract 373 (MC2018–22
                                           Port St. Petersburg or a designated                     (MC2017–170 and CP2017–268);                          and CP2018–44); November 21, 2017,
                                           representative.                                         October 5, 2017, Priority Mail Contract               Priority Mail Contract 374 (MC2018–23
                                              (2) Designated representatives may                   361 (MC2017–207 and CP2017–315);                      and CP2018–45); November 21, 2017,
                                           control vessel traffic throughout the                   October 5, 2017, Priority Mail Contract               Priority Mail Express, Priority Mail &
                                           enforcement area as determined by the                   362 (MC2017–208 and CP2017–316);                      First-Class Package Service Contract 26
                                           prevailing conditions.                                  October 5, 2017, Priority Mail Contract               (MC2018–24 and CP2018–46);
                                                                                                   363 (MC2017–209 and CP2017–317);                      November 29, 2017, Priority Mail
                                              (3) Persons and vessels may request                  October 5, 2017, Priority Mail Contract               Express Contract 53 (MC2018–25 and
                                           authorization to enter, transit through,                364 (MC2017–210 and CP2017–318);                      CP2018–51); November 29, 2017,
                                           anchor in, or remain within the                         October 6, 2017, Parcel Select Contract               Priority Mail Contract 375 (MC2018–26
                                           regulated areas by contacting the                       23 (MC2017–211 and CP2017–319);                       and CP2018–52); November 29, 2017,
                                           Captain of the Port St. Petersburg by                   October 6, 2017, First-Class Package                  Priority Mail Contract 376 (MC2018–27
                                           telephone at (727) 824–7506, or a                       Service Contract 82 (MC2017–212 and                   and CP2018–53); November 29, 2017,
                                           designated representative via VHF radio                 CP2017–320); October 11, 2017, Priority               Priority Mail & First-Class Package
                                           on channel 16. If authorization is                      Mail Contract 365 (MC2017–213 and                     Service Contract 62 (MC2018–28 and
                                           granted by the Captain of the Port St.                  CP2017–321); October 11, 2017, Priority               CP2018–54); November 30, 2017,
                                           Petersburg or a designated                              Mail & First-Class Package Service                    Priority Mail Express, Priority Mail &
                                           representative, all persons and vessels                 Contract 58 (MC2017–214 and CP2017–                   First-Class Package Service Contract 27
                                           receiving such authorization must                       322); October 12, 2017, First-Class                   (MC2018–29 and CP2018–58);
                                           comply with the instructions of the                     Package Service Contract 83 (MC2018–                  December 1, 2017, Priority Mail
                                           Captain of the Port St. Petersburg or a                 1 and CP2018–1); October 12, 2017,                    Express, Priority Mail & First-Class
                                           designated representative.                              First-Class Package Service Contract 84               Package Service Contract 28 (MC2018–
                                              (d) Enforcement period. This rule will               (MC2018–2 and CP2018–2); October 18,                  30 and CP2018–60); December 1, 2017,
                                           be enforced from 6 a.m. until 10 p.m.                   2017, Priority Mail Contract 367                      First-Class Package Service Contract 85
                                           daily from March 7, 2018 through                        (MC2018–4 and CP2018–6); October 19,                  (MC2018–31 and CP2018–61);
                                           March 11, 2018.                                         2017, Priority Mail Contract 368                      December 5, 2017, Priority Mail Express
amozie on DSK30RV082PROD with RULES




                                                                                                   (MC2018–5 and CP2018–7); October 25,                  & Priority Mail Contract 53 (MC2018–33
                                           Holly L. Najarian,                                      2017, Priority Mail Contract 370                      and CP2018–63); December 5, 2017,
                                           Captain, U.S. Coast Guard, Captain of the               (MC2018–9 and CP2018–16); October                     Priority Mail Contract 377 (MC2018–32
                                           Port Saint Petersburg.                                  25, 2017, Priority Mail Express Contract              and CP2018–62); December 7, 2017,
                                           [FR Doc. 2018–04744 Filed 3–8–18; 8:45 am]              51 (MC2018–10 and CP2018–17);                         Priority Mail Contract 378 (MC2018–34
                                           BILLING CODE 9110–04–P                                  October 25, 2017, Priority Mail & First-              and CP2018–64); December 8, 2017,


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Document Created: 2018-03-09 03:48:00
Document Modified: 2018-03-09 03:48:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from March 9, 2018 until 10 p.m. on March 11, 2018. For the purposes of enforcement, actual notice will be used from 6 a.m. on March 7, 2018 until March 9, 2018.
ContactIf you have questions on this rule, call or email Marine Science Technician First Class Michael Shackleford, Sector St. Petersburg Prevention Department, Coast Guard; telephone (813) 228-2191, email [email protected]
FR Citation83 FR 10368 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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