83_FR_30463 83 FR 30338 - Special Local Regulation; Gulf of Mexico; Sarasota, FL

83 FR 30338 - Special Local Regulation; Gulf of Mexico; Sarasota, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 125 (June 28, 2018)

Page Range30338-30340
FR Document2018-13912

The Coast Guard is establishing a special local regulation on the waters of the Gulf of Mexico, in the vicinity of Lido Beach, Florida, during the 34th Annual Sarasota Powerboat Grand Prix High Speed Boat Race. Approximately 35 boats and jet skis, traveling at speeds in excess of 100 miles per hour are expected to participate. Additionally, it is anticipated that 300 spectator vessels will be present along the race course. The special local regulation is necessary to protect the safety of race participants, participant vessels, spectators, and the general public on navigable waters of the United States during the event. The special local regulation will establish an enforcement area where all persons and vessels, except those persons and vessels participating in the high speed boat races, are prohibited from entering, transiting through, anchoring in, or remaining within without obtaining permission from the Captain of the Port St. Petersburg or a designated representative.

Federal Register, Volume 83 Issue 125 (Thursday, June 28, 2018)
[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Rules and Regulations]
[Pages 30338-30340]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13912]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0316]
RIN 1625-AA08


Special Local Regulation; Gulf of Mexico; Sarasota, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on 
the waters of the Gulf of Mexico, in the vicinity of Lido Beach, 
Florida, during the 34th Annual Sarasota Powerboat Grand Prix High 
Speed Boat Race. Approximately 35 boats and jet skis, traveling at 
speeds in excess of 100 miles per hour are expected to participate. 
Additionally, it is anticipated that 300 spectator vessels will be 
present along the race course. The special local regulation is 
necessary to protect the safety of race participants, participant 
vessels, spectators, and the general public on navigable waters of the 
United States during the event. The special local regulation will 
establish an enforcement area where all persons and vessels, except 
those persons and vessels participating in the high speed boat races, 
are prohibited from entering, transiting through, anchoring in, or 
remaining within without obtaining permission from the Captain of the 
Port St. Petersburg or a designated representative.

[[Page 30339]]


DATES: This rule is effective daily from 8 a.m. until 6 p.m. on June 
29, 2018 through July 1, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0316 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
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    The Coast Guard is establishing this special local regulation 
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 it is 
impracticable. Insufficient time remains to publish an NPRM and to 
receive public comments, as the Sarasota Powerboat Grand Prix event 
will occur before the rulemaking process would be completed. Because of 
the dangers associated with high speed boat races, the regulation is 
necessary to provide for the safety of event participants, spectators, 
and vessels transiting the event area. 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 reason discussed above, 
the Coast Guard finds that good cause exists.

III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233. The purpose of the 
rule is to provide for the safety of life on navigable waters of the 
United States during the Sarasota Powerboat Grand Prix High Speed Boat 
Race.

IV. Discussion of the Rule

    This rule establishes a special local regulation that will 
encompass certain waters of the Gulf of Mexico, Lido Beach, Florida. 
The special local regulation will be enforced daily from 8 a.m. to 6 
p.m. on June 29, 2018 through July 1, 2018. The special local 
regulation will establish an enforcement area where all persons and 
vessels, except those persons and vessels participating in the high 
speed boat races, are prohibited from entering, transiting through, 
anchoring in, or remaining within without obtaining permission from the 
COTP 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 (COTP) St. Petersburg by telephone at (727) 
824-7506, or a designated representative via VHF radio on channel 16. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the COTP St. Petersburg or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the COTP St. 
Petersburg or a designated representative. The Coast Guard will provide 
notice of the special local regulation by Local Notice to Mariners and/
or Broadcast Notice to Mariners.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on: (1) The special 
local regulation will be enforced for only ten hours on two days; (2) 
although persons and vessels may not enter, transit through, anchor in, 
or remain within the regulated area without authorization from the COTP 
St. Petersburg or a designated representative, they may operate in the 
surrounding area during the enforcement period; (3) persons and vessels 
may still enter, transit through, anchor in, or remain within the 
regulated area or anchor in the sponsor's designated spectator area(s), 
during the enforcement period if authorized by the COTP St. Petersburg 
or a designated representative; and (4) the Coast Guard will provide 
advance notification of the special local regulation to the local 
maritime community by Local Notice to Mariners and/or Broadcast Notice 
to Mariners.

B. Impact on Small Entities

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

[[Page 30340]]

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 would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a 
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. It is categorically 
excluded from further review under paragraph L61 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 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  100.35T07-0316 to read as follows:


Sec.  100.35T07-0316  Special Local Regulations; Sarasota Powerboat 
Grand Prix, Gulf of Mexico; Lido Beach, FL.

    (a) Location. The following regulated area is established as a 
special local regulation. All coordinates are North American Datum 
1983.
    (1) Enforcement area. All waters of the Gulf of Mexico contained 
within the following points: 27[deg]18'44'' N, 82[deg]36'14'' W, thence 
to position 27[deg]19'09'' N, 82[deg]35'13'' W, thence to position 
27[deg]17'42'' N, 82[deg]34'00'' W, thence to position 27[deg]16'43'' 
N, 82[deg]34'49'' W, thence back to the original position, 
27[deg]18'44'' N, 82[deg]36'14'' W.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the COTP 
St. Petersburg in the enforcement of the regulated areas.
    (c) Regulations. (1) All non-participant persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the race area unless an authorized by the COTP 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 COTP St. Petersburg by telephone at (727) 824-7506, or a designated 
representative via VHF radio on channel 16. If authorization is 
granted, all persons and vessels receiving such authorization must 
comply with the instructions of the COTP St. Petersburg or a designated 
representative.
    (4) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners and/or Broadcast Notice to Mariners.
    (d) Enforcement period. This rule will be enforced daily from 8 
a.m. to 6 p.m. on June 29, 2018 through July 1, 2018.

H.L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2018-13912 Filed 6-27-18; 8:45 am]
 BILLING CODE 9110-04-P



                                           30338              Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations

                                           executory offers capable of acceptance                     (2) Any transfer of funds to, from, or              or other business support system,
                                           such as bids or proposals in response to                through a United States depository                     platform, database, application, or
                                           public tenders, binding memoranda of                    institution or a United States-registered              server that is available to, and in general
                                           understanding, or any other similar                     broker or dealer in securities;                        use by, the United States person’s global
                                           agreement.                                                 (3) Any person on OFAC’s list of                    organization, including the United
                                           ■ 5. Add § 560.537 to subpart E to read                 Specially Designated Nationals and                     States person and its owned or
                                           as follows:                                             Blocked Persons (SDN List), or any                     controlled foreign entities.
                                                                                                   activity that would be prohibited by any                  (3) Paragraph (b)(2) of this section
                                           § 560.537 Winding down of transactions                  part of 31 CFR chapter V other than part               does not authorize the use of any
                                           relating to foreign entities owned or                   560 if engaged in by a United States
                                           controlled by a U.S. person.
                                                                                                                                                          automated computer, accounting, email,
                                                                                                   person or in the United States;                        telecommunications, or other business
                                              (a) Except as provided in paragraph                     (4) Any person identified on the List               support system, platform, database,
                                           (c) of this section, all transactions and               of Foreign Sanctions Evaders pursuant                  application, or server in connection
                                           activities that are ordinarily incident                 to Executive Order 13608;                              with any transfer of funds to, from, or
                                           and necessary to the wind down of the                      (5) Any activity involving any item                 through a United States depository
                                           following activities are authorized                     (including information) subject to the                 institution or a United States-registered
                                           through 11:59 p.m. eastern standard                     Export Administration Regulations, 15                  broker or dealer in securities.
                                           time on November 4, 2018: an entity                     CFR parts 730 through 774 (EAR), that
                                           owned or controlled by a United States                  is prohibited by, or otherwise requires a                Dated: June 25, 2018.
                                           person and established or maintained                    license under, part 744 of the EAR; or                 Andrea Gacki,
                                           outside the United States (a ‘‘U.S.-                    participation in any transaction                       Acting Director, Office of Foreign Assets
                                           owned or -controlled foreign entity’’)                  involving a person whose export                        Control.
                                           engaging in transactions, directly or                   privileges have been denied pursuant to                [FR Doc. 2018–13939 Filed 6–27–18; 8:45 am]
                                           indirectly, with the Government of Iran                 part 764 or 766 of the EAR, without                    BILLING CODE 4810–AL–P
                                           or any person subject to the jurisdiction               authorization from the Department of
                                           of the Government of Iran that would                    Commerce;
                                           otherwise be prohibited by § 560.215.                      (6) Any military, paramilitary,                     DEPARTMENT OF HOMELAND
                                              (b) All transactions and activities that             intelligence, or law enforcement entity                SECURITY
                                           are ordinarily incident and necessary to                of the Government of Iran, or any
                                           the wind down of the following                          official, agent, or affiliate thereof;                 Coast Guard
                                           activities are authorized through 11:59                    (7) Any activity that is sanctionable
                                           p.m. eastern standard time on November                  under Executive Order 12938 or 13382                   33 CFR Part 100
                                           4, 2018: A United States person                         (relating to Iran’s proliferation of
                                           engaging in the following:                              weapons of mass destruction and their                  [Docket Number USCG–2018–0316]
                                              (1) Activities related to the                        means of delivery, including ballistic
                                           establishment or alteration of operating                                                                       RIN 1625–AA08
                                                                                                   missiles); Executive Order 13224
                                           policies and procedures of a United                     (relating to international terrorism);                 Special Local Regulation; Gulf of
                                           States entity or a U.S.-owned or                        Executive Order 13572 or 13582                         Mexico; Sarasota, FL
                                           -controlled foreign entity, to the extent               (relating to Syria); Executive Order
                                           necessary to allow a U.S.-owned or                      13611 (relating to Yemen); or Executive                AGENCY:    Coast Guard, DHS.
                                           -controlled foreign entity to engage in                 Order 13553 or 13606, or section 2 or 3                ACTION:   Temporary final rule.
                                           transactions authorized in paragraph (a)                of Executive Order 13628 (relating to
                                           of this section; and                                    Iran’s commission of human rights                      SUMMARY:   The Coast Guard is
                                              (2) Activities to make available to                  abuses against its citizens); or                       establishing a special local regulation on
                                           those foreign entities that the U.S.                       (8) Any nuclear activity involving Iran             the waters of the Gulf of Mexico, in the
                                           person owns or controls any automated                   that is subject to the procurement                     vicinity of Lido Beach, Florida, during
                                           and globally integrated computer,                       channel established pursuant to                        the 34th Annual Sarasota Powerboat
                                           accounting, email, telecommunications,                  paragraph 16 of the United Nations                     Grand Prix High Speed Boat Race.
                                           or other business support system,                       Security Council Resolution 2231 (2015)                Approximately 35 boats and jet skis,
                                           platform, database, application, or                     and Section 6 of Annex IV to the Joint                 traveling at speeds in excess of 100
                                           server necessary to store, collect,                     Comprehensive Plan of Action of July                   miles per hour are expected to
                                           transmit, generate, or otherwise process                14, 2015 and that has not been approved                participate. Additionally, it is
                                           documents or information related to                     through that procurement channel                       anticipated that 300 spectator vessels
                                           transactions authorized in paragraph (a)                process.                                               will be present along the race course.
                                           of this section.                                           (d)(1) For purposes of paragraph (b)(2)             The special local regulation is necessary
                                             Note 1 to paragraph (b): See § 560.208 for            of this section, the term ‘‘automated’’                to protect the safety of race participants,
                                           prohibitions on facilitation by United States           refers to a computer, accounting, email,               participant vessels, spectators, and the
                                           persons, which remain in effect, with the               telecommunications, or other business                  general public on navigable waters of
                                           exception of activities authorized in                   support system, platform, database,                    the United States during the event. The
                                           paragraph (b) of this section.                          application, or server that operates                   special local regulation will establish an
                                              (c) Paragraph (a) of this section does               passively and without human                            enforcement area where all persons and
                                           not authorize transactions involving:                   intervention to facilitate the flow of data            vessels, except those persons and
                                              (1) The exportation, reexportation,                  between and among the United States                    vessels participating in the high speed
amozie on DSK3GDR082PROD with RULES




                                           sale, or supply, directly or indirectly,                person and its owned or controlled                     boat races, are prohibited from entering,
                                           from the United States of any goods,                    foreign entities.                                      transiting through, anchoring in, or
                                           technology, or services prohibited by                      (2) For purposes of paragraph (b)(2) of             remaining within without obtaining
                                           § 560.204 or the reexportation from a                   this section, the term ‘‘globally                      permission from the Captain of the Port
                                           third country of any goods, technology,                 integrated’’ refers to a computer,                     St. Petersburg or a designated
                                           or services prohibited by § 560.205;                    accounting, email, telecommunications,                 representative.


                                      VerDate Sep<11>2014   16:02 Jun 27, 2018   Jkt 244001   PO 00000   Frm 00054   Fmt 4700   Sfmt 4700   E:\FR\FM\28JNR1.SGM   28JNR1


                                                              Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations                                        30339

                                           DATES: This rule is effective daily from                III. Legal Authority and Need for Rule                 Order 12866. Accordingly, this rule has
                                           8 a.m. until 6 p.m. on June 29, 2018                       The legal basis for this rule is the                not been reviewed by the Office of
                                           through July 1, 2018.                                   Coast Guard’s authority to establish                   Management and Budget (OMB), and
                                                                                                   special local regulations: 33 U.S.C.                   pursuant to OMB guidance it is exempt
                                           ADDRESSES:   To view documents
                                                                                                   1233. The purpose of the rule is to                    from the requirements of Executive
                                           mentioned in this preamble as being                                                                            Order 13771.
                                           available in the docket, go to http://                  provide for the safety of life on
                                                                                                   navigable waters of the United States                     This regulatory action determination
                                           www.regulations.gov, type USCG–2018–                                                                           is based on: (1) The special local
                                           0316 in the ‘‘SEARCH’’ box and click                    during the Sarasota Powerboat Grand
                                                                                                   Prix High Speed Boat Race.                             regulation will be enforced for only ten
                                           ‘‘SEARCH.’’ Click on Open Docket                                                                               hours on two days; (2) although persons
                                           Folder on the line associated with this                 IV. Discussion of the Rule                             and vessels may not enter, transit
                                           rule.                                                                                                          through, anchor in, or remain within the
                                                                                                      This rule establishes a special local
                                           FOR FURTHER INFORMATION CONTACT:     If                 regulation that will encompass certain                 regulated area without authorization
                                           you have questions on this rule, call or                waters of the Gulf of Mexico, Lido                     from the COTP St. Petersburg or a
                                           email Marine Science Technician First                   Beach, Florida. The special local                      designated representative, they may
                                           Class Michael Shackleford, Sector St.                   regulation will be enforced daily from 8               operate in the surrounding area during
                                           Petersburg Prevention Department,                       a.m. to 6 p.m. on June 29, 2018 through                the enforcement period; (3) persons and
                                           Coast Guard; telephone (813) 228–2191,                  July 1, 2018. The special local                        vessels may still enter, transit through,
                                           email Michael.d.shackleford@uscg.mil.                   regulation will establish an enforcement               anchor in, or remain within the
                                                                                                   area where all persons and vessels,                    regulated area or anchor in the sponsor’s
                                           SUPPLEMENTARY INFORMATION:                                                                                     designated spectator area(s), during the
                                                                                                   except those persons and vessels
                                           I. Table of Abbreviations                               participating in the high speed boat                   enforcement period if authorized by the
                                                                                                   races, are prohibited from entering,                   COTP St. Petersburg or a designated
                                           CFR Code of Federal Regulations                                                                                representative; and (4) the Coast Guard
                                           DHS Department of Homeland Security                     transiting through, anchoring in, or
                                                                                                   remaining within without obtaining                     will provide advance notification of the
                                           FR Federal Register
                                           NPRM Notice of proposed rulemaking                      permission from the COTP St.                           special local regulation to the local
                                           Pub. L. Public Law                                      Petersburg or a designated                             maritime community by Local Notice to
                                           § Section                                               representative.                                        Mariners and/or Broadcast Notice to
                                           U.S.C. United States Code                                  Persons and vessels may request                     Mariners.
                                           COTP Captain of the Port                                authorization to enter, transit through,               B. Impact on Small Entities
                                           II. Background Information and                          anchor in, or remain within the
                                                                                                   regulated area by contacting the Captain                  The Regulatory Flexibility Act of
                                           Regulatory History                                                                                             1980, 5 U.S.C. 601–612, as amended,
                                                                                                   of the Port (COTP) St. Petersburg by
                                                                                                   telephone at (727) 824–7506, or a                      requires federal agencies to consider the
                                              The Coast Guard is establishing this
                                                                                                   designated representative via VHF radio                potential impact of regulations on small
                                           special local regulation without prior
                                                                                                   on channel 16. If authorization to enter,              entities during rulemaking. The term
                                           notice and opportunity to comment
                                                                                                   transit through, anchor in, or remain                  ‘‘small entities’’ comprises small
                                           pursuant to authority under section 4(a)
                                                                                                   within the regulated area is granted by                businesses, not-for-profit organizations
                                           of the Administrative Procedure Act
                                                                                                   the COTP St. Petersburg or a designated                that are independently owned and
                                           (APA) (5 U.S.C. 553(b)). This provision
                                                                                                   representative, all persons and vessels                operated and are not dominant in their
                                           authorizes an agency to issue a rule
                                                                                                   receiving such authorization must                      fields, and governmental jurisdictions
                                           without prior notice and opportunity to
                                                                                                   comply with the instructions of the                    with populations of less than 50,000.
                                           comment when the agency for good
                                                                                                   COTP St. Petersburg or a designated                    The Coast Guard certifies under 5 U.S.C.
                                           cause finds that those procedures are
                                                                                                   representative. The Coast Guard will                   605(b) that this rule would not have a
                                           ‘‘impracticable, unnecessary, or contrary
                                                                                                   provide notice of the special local                    significant economic impact on a
                                           to the public interest.’’ Under 5 U.S.C.
                                                                                                   regulation by Local Notice to Mariners                 substantial number of small entities.
                                           553(b)(B), the Coast Guard finds that
                                                                                                   and/or Broadcast Notice to Mariners.                      While some owners or operators of
                                           good cause exists for not publishing a
                                                                                                                                                          vessels intending to transit the safety
                                           notice of proposed rulemaking (NPRM)                    V. Regulatory Analyses                                 zone may be small entities, for the
                                           with respect to this rule because it is
                                                                                                     We developed this rule after                         reasons stated in section V.A above, this
                                           impracticable. Insufficient time remains
                                                                                                   considering numerous statutes and                      rule will not have a significant
                                           to publish an NPRM and to receive
                                                                                                   Executive orders related to rulemaking.                economic impact on any vessel owner
                                           public comments, as the Sarasota
                                                                                                   Below we summarize our analyses                        or operator.
                                           Powerboat Grand Prix event will occur                                                                             Under section 213(a) of the Small
                                                                                                   based on a number of these statutes and
                                           before the rulemaking process would be                                                                         Business Regulatory Enforcement
                                                                                                   executive orders, and we discuss First
                                           completed. Because of the dangers                                                                              Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                   Amendment rights of protestors.
                                           associated with high speed boat races,                                                                         we want to assist small entities in
                                           the regulation is necessary to provide                  A. Regulatory Planning and Review                      understanding this rule. If the rule
                                           for the safety of event participants,                      Executive Orders 12866 and 13563                    would affect your small business,
                                           spectators, and vessels transiting the                  direct agencies to assess the costs and                organization, or governmental
                                           event area. For those reasons, it would                 benefits of available regulatory                       jurisdiction and you have questions
                                           be impracticable to publish an NPRM.                    alternatives and, if regulation is                     concerning its provisions or options for
                                              Under 5 U.S.C. 553(d)(3), the Coast                  necessary, to select regulatory                        compliance, please contact the person
amozie on DSK3GDR082PROD with RULES




                                           Guard finds that good cause exists for                  approaches that maximize net benefits.                 listed in the FOR FURTHER INFORMATION
                                           making this rule effective less than 30                 Executive Order 13771 directs agencies                 CONTACT section.
                                           days after publication in the Federal                   to control regulatory costs through a                     Small businesses may send comments
                                           Register. For the reason discussed                      budgeting process. This rule has not                   on the actions of federal employees who
                                           above, the Coast Guard finds that good                  been designated a ‘‘significant                        enforce, or otherwise determine
                                           cause exists.                                           regulatory action,’’ under Executive                   compliance with, federal regulations to


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                                           30340              Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations

                                           the Small Business and Agriculture                      F. Environment                                         thence back to the original position,
                                           Regulatory Enforcement Ombudsman                          We have analyzed this rule under                     27°18′44″ N, 82°36′14″ W.
                                           and the Regional Small Business                                                                                  (b) Definition. The term ‘‘designated
                                                                                                   Department of Homeland Security
                                           Regulatory Fairness Boards. The                                                                                representative’’ means Coast Guard
                                                                                                   Management Directive 023–01 and
                                           Ombudsman evaluates these actions                                                                              Patrol Commanders, including Coast
                                                                                                   Commandant Instruction M16475.lD,
                                           annually and rates each agency’s                                                                               Guard coxswains, petty officers, and
                                                                                                   which guide the Coast Guard in
                                           responsiveness to small business. If you                                                                       other officers operating Coast Guard
                                                                                                   complying with the National
                                           wish to comment on actions by                                                                                  vessels, and Federal, state, and local
                                                                                                   Environmental Policy Act of 1969 (42
                                           employees of the Coast Guard, call                                                                             officers designated by or assisting the
                                                                                                   U.S.C. 4321–4370f), and have made a
                                           1–888–REG–FAIR (1–888–734–3247).                                                                               COTP St. Petersburg in the enforcement
                                                                                                   determination that this action is one of
                                           The Coast Guard will not retaliate                                                                             of the regulated areas.
                                                                                                   a category of actions that do not
                                           against small entities that question or                                                                          (c) Regulations. (1) All non-
                                                                                                   individually or cumulatively have a
                                           complain about this rule or any policy                                                                         participant persons and vessels are
                                                                                                   significant effect on the human
                                           or action of the Coast Guard.                                                                                  prohibited from entering, transiting
                                                                                                   environment. This rule involves a
                                                                                                                                                          through, anchoring in, or remaining
                                           C. Collection of Information                            special local regulation issued in
                                                                                                                                                          within the race area unless an
                                                                                                   conjunction with a regatta or marine
                                             This rule will not call for a new                                                                            authorized by the COTP St. Petersburg
                                                                                                   parade. It is categorically excluded from
                                           collection of information under the                                                                            or a designated representative.
                                                                                                   further review under paragraph L61 of
                                           Paperwork Reduction Act of 1995 (44                                                                              (2) Designated representatives may
                                                                                                   Appendix A, Table 1 of DHS Instruction
                                           U.S.C. 3501–3520).                                                                                             control vessel traffic throughout the
                                                                                                   Manual 023–01–001–01, Rev. 01. A
                                                                                                                                                          enforcement area as determined by the
                                           D. Federalism and Indian Tribal                         Record of Environmental Consideration
                                                                                                                                                          prevailing conditions.
                                           Governments                                             supporting this determination is                         (3) Persons and vessels may request
                                                                                                   available in the docket where indicated                authorization to enter, transit through,
                                              A rule has implications for federalism               under ADDRESSES.                                       anchor in, or remain within the
                                           under Executive Order 13132,                            G. Protest Activities                                  regulated areas by contacting the COTP
                                           Federalism, if it has a substantial direct                                                                     St. Petersburg by telephone at (727)
                                           effect on the States, on the relationship                 The Coast Guard respects the First
                                                                                                                                                          824–7506, or a designated
                                           between the national government and                     Amendment rights of protesters.
                                                                                                                                                          representative via VHF radio on channel
                                           the States, or on the distribution of                   Protesters are asked to contact the
                                                                                                                                                          16. If authorization is granted, all
                                           power and responsibilities among the                    person listed in the FOR FURTHER
                                                                                                                                                          persons and vessels receiving such
                                           various levels of government. We have                   INFORMATION CONTACT section to
                                                                                                                                                          authorization must comply with the
                                           analyzed this rule under that Order and                 coordinate protest activities so that your
                                                                                                                                                          instructions of the COTP St. Petersburg
                                           have determined that it is consistent                   message can be received without
                                                                                                                                                          or a designated representative.
                                           with the fundamental federalism                         jeopardizing the safety or security of                   (4) The Coast Guard will provide
                                           principles and preemption requirements                  people, places, or vessels.                            notice of the regulated area by Local
                                           described in Executive Order 13132.                     List of Subjects in 33 CFR Part 100                    Notice to Mariners and/or Broadcast
                                              Also, this rule does not have tribal                                                                        Notice to Mariners.
                                                                                                     Marine safety, Navigation (water),
                                           implications under Executive Order                                                                               (d) Enforcement period. This rule will
                                                                                                   Reporting and recordkeeping
                                           13175, Consultation and Coordination                                                                           be enforced daily from 8 a.m. to 6 p.m.
                                                                                                   requirements, Waterways.
                                           with Indian Tribal Governments,                                                                                on June 29, 2018 through July 1, 2018.
                                           because it would not have a substantial                   For the reasons discussed in the
                                                                                                   preamble, the Coast Guard amends 33                    H.L. Najarian,
                                           direct effect on one or more Indian
                                                                                                   CFR part 100 as follows:                               Captain, U.S. Coast Guard, Captain of the
                                           tribes, on the relationship between the                                                                        Port Saint Petersburg.
                                           Federal Government and Indian tribes,                   PART 100—SAFETY OF LIFE ON                             [FR Doc. 2018–13912 Filed 6–27–18; 8:45 am]
                                           or on the distribution of power and                     NAVIGABLE WATERS                                       BILLING CODE 9110–04–P
                                           responsibilities between the Federal
                                           Government and Indian tribes. If you                    ■ 1. The authority citation for part 100
                                           believe this rule has implications for                  continues to read as follows:                          DEPARTMENT OF HOMELAND
                                           federalism or Indian tribes, please                                                                            SECURITY
                                                                                                     Authority: 33 U.S.C. 1233; 33
                                           contact the person listed in the FOR                    CFR 1.05–1.
                                           FURTHER INFORMATION CONTACT section                                                                            Coast Guard
                                           above.                                                  ■ 2. Add § 100.35T07–0316 to read as
                                                                                                   follows:
                                           E. Unfunded Mandates Reform Act                                                                                33 CFR Part 100
                                                                                                   § 100.35T07–0316 Special Local                         [Docket Number USCG–2018–0340]
                                             The Unfunded Mandates Reform Act                      Regulations; Sarasota Powerboat Grand
                                           of 1995 (2 U.S.C. 1531–1538) requires                   Prix, Gulf of Mexico; Lido Beach, FL.                  RIN 1625–AA08
                                           federal agencies to assess the effects of                 (a) Location. The following regulated
                                           their discretionary regulatory actions. In              area is established as a special local                 Special Local Regulation; Corpus
                                           particular, the Act addresses actions                   regulation. All coordinates are North                  Christi Bay, Corpus Christi, TX
                                           that may result in the expenditure by a                 American Datum 1983.                                   AGENCY:    Coast Guard, DHS.
                                           State, local, or tribal government, in the                (1) Enforcement area. All waters of
amozie on DSK3GDR082PROD with RULES




                                                                                                                                                          ACTION:   Temporary final rule.
                                           aggregate, or by the private sector of                  the Gulf of Mexico contained within the
                                           $100,000,000 (adjusted for inflation) or                following points: 27°18′44″ N, 82°36′14″               SUMMARY:   The Coast Guard is
                                           more in any one year. Though this rule                  W, thence to position 27°19′09″ N,                     establishing a temporary special local
                                           would not result in such expenditure,                   82°35′13″ W, thence to position                        regulation for certain navigable waters
                                           we do discuss the effects of this rule                  27°17′42″ N, 82°34′00″ W, thence to                    of Corpus Christi Bay. This action is
                                           elsewhere in this preamble.                             position 27°16′43″ N, 82°34′49″ W,                     necessary to protect marine event


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Document Created: 2018-11-06 09:55:17
Document Modified: 2018-11-06 09:55:17
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 daily from 8 a.m. until 6 p.m. on June 29, 2018 through July 1, 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 30338 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways

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