83_FR_3617 83 FR 3599 - Special Local Regulation; Gasparilla Marine Parade; Hillsborough Bay; Tampa, FL

83 FR 3599 - Special Local Regulation; Gasparilla Marine Parade; Hillsborough Bay; Tampa, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 18 (January 26, 2018)

Page Range3599-3601
FR Document2018-01564

The Coast Guard is establishing a temporary special local regulation for the 2018 Gasparilla Marine Parade on the waters of Hillsborough Bay in the vicinity of Tampa, Florida. This event is expected to attract over 600 spectator craft along the parade route, with approximately 18 vessels participating in the official flotilla. This regulation is necessary to ensure the safety of public, the official flotilla, and spectator vessels before, during, and after the conclusion of the parade.

Federal Register, Volume 83 Issue 18 (Friday, January 26, 2018)
[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Rules and Regulations]
[Pages 3599-3601]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01564]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-1102]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for the 2018 Gasparilla Marine Parade on the waters of 
Hillsborough Bay in the vicinity of Tampa, Florida. This event is 
expected to attract over 600 spectator craft along the parade route, 
with approximately 18 vessels participating in the official flotilla. 
This regulation is necessary to ensure the safety of public, the 
official flotilla, and spectator vessels before, during, and after the 
conclusion of the parade.

DATES: This rule is effective from from 9 a.m. to 6 p.m. on January 27, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1102 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Marine Science Technician First Class Michael D. 
Shackleford, Sector St. Petersburg Prevention Department, Coast Guard; 
telephone (813) 228-2191, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    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 immediate action is needed to respond 
to the potential safety hazards associated with this event. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by January 27, 2018.
    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 noted above.

III. Legal Authority and Need for Rule

    The Coast Guard is establishing a special local regulation on the 
waters of the Hillsborough Bay, Tampa, Florida during the 2018 
Gasparilla Marine Parade. This event is expected to attract over 600 
spectator craft along the parade route, with approximately 18 vessels 
participating in the official flotilla. This rule is needed to ensure 
the safety of public, the official flotilla, and spectator vessels on 
these navigable waters of the United States during the 2018 Gasparilla 
Marine Parade. The Coast Guard is issuing this rule under authority in 
33 U.S.C. 1233.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation for the 
Gasparilla Marine Parade on the waters of Hillsborough Bay in Tampa, 
Florida. This special regulation sets forth specific requirements for 
vessels operating within the regulated area during the period of 
enforcement.
    Persons and vessels not meeting the requirements of this regulation 
may request authorization to enter, transit through, anchor in, or 
remain within the regulated area by contacting the Captain of the Port 
St. Petersburg by telephone at (727) 824-7506, or a designated 
representative via VHF radio on channel 16. If authorization to enter, 
transit through, anchor in, or remain within the regulated area is 
granted by the Captain of the Port St. Petersburg or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port St. 
Petersburg or a designated representative. The Coast Guard will provide 
notice of the special local regulations by Local Notice to Mariners, 
Broadcast Notice to Mariners, and/or on-scene designated 
representatives.

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 nine hours; (2) although 
certain persons and vessels are prohibited to enter, transit through, 
anchor in, or remain within the regulated area without authorization 
from the Captain of the Port St. Petersburg or a designated 
representative, they may operate in the surrounding area during the 
enforcement period; (3) the Coast Guard will provide advance 
notification of the special local regulations to the local maritime 
community by Local Notice to Mariners and/or Broadcast Notice to 
Mariners; and (4) persons and vessels not meeting the requirements of 
this regulation may request authorization to enter, transit through, 
anchor in, or remain within the regulated area by contacting the 
Captain of the Port or a designated representative.

[[Page 3600]]

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 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
regulated area 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 will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
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 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.

0
2. Add temporary Sec.  100.T07-1102 to read as follows:


Sec.  100.T07-1102   Special Local Regulation; Gasparilla Marine 
Parade; Hillsborough Bay; Tampa, FL.

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

[[Page 3601]]

Seddon Channel unless the vessel is officially entered in the 
Gasparilla Marine Parade.
    (10) Vessels not officially entered in the Gasparilla Marine Parade 
may not enter the parade staging area box within the following 
coordinates: 27[deg]53'53'' N, 082[deg]27'47'' W; 27[deg]53'22'' N, 
082[deg]27'10'' W; 27[deg]52'36'' N, 082[deg]27'55'' W; 27[deg]53'02'' 
N, 082[deg]28'31'' W.
    (c) Enforcement period. This rule will be enforced from 9 a.m. to 6 
p.m. on January 27, 2018.

Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2018-01564 Filed 1-25-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Rules and Regulations                                           3599

                                             representatives for the purpose of                      FR Federal Register                                    at (727) 824–7506, or a designated
                                             reformulating the request so as to meet                 NPRM Notice of proposed rulemaking                     representative via VHF radio on channel
                                             the requester’s needs at a reduced cost.                Pub. L. Public Law                                     16. If authorization to enter, transit
                                                                                                     § Section
                                               Dated: January 12, 2018.                                                                                     through, anchor in, or remain within the
                                                                                                     U.S.C. United States Code
                                             Jonodev O. Chaudhuri,                                                                                          regulated area is granted by the Captain
                                                                                                     II. Background, Purpose, and Legal                     of the Port St. Petersburg or a designated
                                             Chairman.
                                                                                                     Basis                                                  representative, all persons and vessels
                                             Kathryn Isom-Clause,
                                                                                                        The Coast Guard is issuing this                     receiving such authorization must
                                             Vice Chair.                                                                                                    comply with the instructions of the
                                             E. Sequoyah Simermeyer,                                 temporary rule without prior notice and
                                                                                                     opportunity to comment pursuant to                     Captain of the Port St. Petersburg or a
                                             Associate Commissioner.                                                                                        designated representative. The Coast
                                                                                                     authority under section 4(a) of the
                                             [FR Doc. 2018–01433 Filed 1–25–18; 8:45 am]
                                                                                                     Administrative Procedure Act (APA) (5                  Guard will provide notice of the special
                                             BILLING CODE 7565–01–P                                  U.S.C. 553(b)). This provision                         local regulations by Local Notice to
                                                                                                     authorizes an agency to issue a rule                   Mariners, Broadcast Notice to Mariners,
                                                                                                     without prior notice and opportunity to                and/or on-scene designated
                                             DEPARTMENT OF HOMELAND                                  comment when the agency for good                       representatives.
                                             SECURITY                                                cause finds that those procedures are                  V. Regulatory Analyses
                                                                                                     ‘‘impracticable, unnecessary, or contrary
                                             Coast Guard                                             to the public interest.’’ Under 5 U.S.C.                 We developed this rule after
                                                                                                     553(b)(B), the Coast Guard finds that                  considering numerous statutes and
                                             33 CFR Part 100                                         good cause exists for not publishing a                 Executive Orders related to rulemaking.
                                             [Docket Number USCG–2017–1102]                          notice of proposed rulemaking (NPRM)                   Below we summarize our analyses
                                                                                                     with respect to this rule because                      based on a number of these statutes and
                                             RIN 1625–AA08                                           immediate action is needed to respond                  Executive Orders, and we discuss First
                                                                                                     to the potential safety hazards                        Amendment rights of protestors.
                                             Special Local Regulation; Gasparilla                    associated with this event. It is
                                             Marine Parade; Hillsborough Bay;                        impracticable to publish an NPRM                       A. Regulatory Planning and Review
                                             Tampa, FL                                               because we must establish this safety                     Executive Orders 12866 and 13563
                                             AGENCY:  Coast Guard, DHS.                              zone by January 27, 2018.                              direct agencies to assess the costs and
                                                                                                        Under 5 U.S.C. 553(d)(3), the Coast                 benefits of available regulatory
                                             ACTION: Temporary final rule.
                                                                                                     Guard finds that good cause exists for                 alternatives and, if regulation is
                                             SUMMARY:    The Coast Guard is                          making this rule effective less than 30                necessary, to select regulatory
                                             establishing a temporary special local                  days after publication in the Federal
                                                                                                                                                            approaches that maximize net benefits.
                                             regulation for the 2018 Gasparilla                      Register for the same reasons noted
                                                                                                                                                            Executive Order 13771 directs agencies
                                             Marine Parade on the waters of                          above.
                                                                                                                                                            to control regulatory costs through a
                                             Hillsborough Bay in the vicinity of                     III. Legal Authority and Need for Rule                 budgeting process. This rule has not
                                             Tampa, Florida. This event is expected                                                                         been designated a ‘‘significant
                                             to attract over 600 spectator craft along                  The Coast Guard is establishing a
                                                                                                     special local regulation on the waters of              regulatory action,’’ under Executive
                                             the parade route, with approximately 18                                                                        Order 12866. Accordingly, this rule has
                                             vessels participating in the official                   the Hillsborough Bay, Tampa, Florida
                                                                                                     during the 2018 Gasparilla Marine                      not been reviewed by the Office of
                                             flotilla. This regulation is necessary to                                                                      Management and Budget (OMB), and
                                             ensure the safety of public, the official               Parade. This event is expected to attract
                                                                                                     over 600 spectator craft along the parade              pursuant to OMB guidance it is exempt
                                             flotilla, and spectator vessels before,                                                                        from the requirements of Executive
                                             during, and after the conclusion of the                 route, with approximately 18 vessels
                                                                                                     participating in the official flotilla. This           Order 13771.
                                             parade.
                                                                                                     rule is needed to ensure the safety of                    This regulatory action determination
                                             DATES: This rule is effective from from
                                                                                                     public, the official flotilla, and spectator           is based on: (1) The special local
                                             9 a.m. to 6 p.m. on January 27, 2018.                                                                          regulation will be enforced for only nine
                                                                                                     vessels on these navigable waters of the
                                             ADDRESSES: To view documents                            United States during the 2018 Gasparilla               hours; (2) although certain persons and
                                             mentioned in this preamble as being                     Marine Parade. The Coast Guard is                      vessels are prohibited to enter, transit
                                             available in the docket, go to http://                  issuing this rule under authority in 33                through, anchor in, or remain within the
                                             www.regulations.gov, type USCG–2017–                    U.S.C. 1233.                                           regulated area without authorization
                                             1102 in the ‘‘SEARCH’’ box and click                                                                           from the Captain of the Port St.
                                             ‘‘SEARCH.’’ Click on Open Docket                        IV. Discussion of the Rule                             Petersburg or a designated
                                             Folder on the line associated with this                   This rule establishes a temporary                    representative, they may operate in the
                                             rule.                                                   special local regulation for the                       surrounding area during the
                                             FOR FURTHER INFORMATION CONTACT: If                     Gasparilla Marine Parade on the waters                 enforcement period; (3) the Coast Guard
                                             you have questions on this rule, call or                of Hillsborough Bay in Tampa, Florida.                 will provide advance notification of the
                                             email Marine Science Technician First                   This special regulation sets forth                     special local regulations to the local
                                             Class Michael D. Shackleford, Sector St.                specific requirements for vessels                      maritime community by Local Notice to
                                             Petersburg Prevention Department,                       operating within the regulated area                    Mariners and/or Broadcast Notice to
                                             Coast Guard; telephone (813) 228–2191,                  during the period of enforcement.                      Mariners; and (4) persons and vessels
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                                             email Michael.D.Shackleford@uscg.mil.                     Persons and vessels not meeting the                  not meeting the requirements of this
                                             SUPPLEMENTARY INFORMATION:                              requirements of this regulation may                    regulation may request authorization to
                                                                                                     request authorization to enter, transit                enter, transit through, anchor in, or
                                             I. Table of Abbreviations                               through, anchor in, or remain within the               remain within the regulated area by
                                             CFR Code of Federal Regulations                         regulated area by contacting the Captain               contacting the Captain of the Port or a
                                             DHS Department of Homeland Security                     of the Port St. Petersburg by telephone                designated representative.


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                                             3600               Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Rules and Regulations

                                             B. Impact on Small Entities                             power and responsibilities among the                   message can be received without
                                                The Regulatory Flexibility Act of                    various levels of government. We have                  jeopardizing the safety or security of
                                             1980, 5 U.S.C. 601–612, as amended,                     analyzed this rule under that Order and                people, places, or vessels.
                                             requires Federal agencies to consider                   have determined that it is consistent
                                                                                                                                                            List of Subjects in 33 CFR Part 100
                                             the potential impact of regulations on                  with the fundamental federalism
                                                                                                     principles and preemption requirements                   Marine safety, Navigation (water),
                                             small entities during rulemaking. The                                                                          Reporting and recordkeeping
                                                                                                     described in Executive Order 13132.
                                             term ‘‘small entities’’ comprises small                                                                        requirements, Waterways.
                                                                                                        Also, this rule does not have tribal
                                             businesses, not-for-profit organizations                implications under Executive Order
                                             that are independently owned and                                                                                 For the reasons discussed in the
                                                                                                     13175, Consultation and Coordination                   preamble, the Coast Guard amends 33
                                             operated and are not dominant in their                  with Indian Tribal Governments,
                                             fields, and governmental jurisdictions                                                                         CFR part 100 as follows:
                                                                                                     because it does not have a substantial
                                             with populations of less than 50,000.                   direct effect on one or more Indian                    PART 100—SAFETY OF LIFE ON
                                             The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the                NAVIGABLE WATERS
                                             605(b) that this rule will not have a                   Federal Government and Indian tribes,
                                             significant economic impact on a                        or on the distribution of power and                    ■ 1. The authority citation for part 100
                                             substantial number of small entities.                   responsibilities between the Federal                   continues to read as follows:
                                                While some owners or operators of                    Government and Indian tribes. If you                       Authority: 33 U.S.C. 1233.
                                             vessels intending to transit the regulated              believe this rule has implications for
                                             area may be small entities, for the                                                                            ■ 2. Add temporary § 100.T07–1102 to
                                                                                                     federalism or Indian tribes, please                    read as follows:
                                             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                    § 100.T07–1102 Special Local Regulation;
                                             economic impact on any vessel owner                     above.                                                 Gasparilla Marine Parade; Hillsborough
                                             or operator.                                                                                                   Bay; Tampa, FL.
                                                Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                           (a) Regulated area. A regulated area is
                                             Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                     established consisting of the following
                                             Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                  waters of Hillsborough Bay and its
                                             we want to assist small entities in                     Federal agencies to assess the effects of              tributaries north of 27°51′18″ N and
                                             understanding this rule. If the rule                    their discretionary regulatory actions. In             south of the John F. Kennedy Bridge:
                                             would affect your small business,                       particular, the Act addresses actions                  Hillsborough Cut ‘‘D’’ Channel, Seddon
                                             organization, or governmental                           that may result in the expenditure by a                Channel, Sparkman Channel and the
                                             jurisdiction and you have questions                     State, local, or tribal government, in the             Hillsborough River south of the John F.
                                             concerning its provisions or options for                aggregate, or by the private sector of                 Kennedy Bridge. All coordinates
                                             compliance, please contact the person                   $100,000,000 (adjusted for inflation) or               referenced use datum: NAD 83.
                                             listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                    (b) Regulations. (1) Entrance into the
                                             CONTACT section.                                        will not result in such an expenditure,                regulated area is prohibited to all
                                                Small businesses may send comments                   we do discuss the effects of this rule                 commercial marine traffic from 9 a.m. to
                                             on the actions of Federal employees                     elsewhere in this preamble.                            6 p.m. EST on the day of the event.
                                             who enforce, or otherwise determine                                                                               (2) The regulated area will include a
                                             compliance with, Federal regulations to                 F. Environment                                         100 yard Safety Zone around the vessel
                                             the Small Business and Agriculture                        We have analyzed this rule under                     JOSE GASPAR while docked at the
                                             Regulatory Enforcement Ombudsman                        Department of Homeland Security                        Tampa Yacht Club until 6 p.m. EST on
                                             and the Regional Small Business                         Directive 023–01, which guides the                     the day of the event.
                                             Regulatory Fairness Boards. The                         Coast Guard in complying with the                         (3) The regulated area is a ‘‘no wake’’
                                             Ombudsman evaluates these actions                       National Environmental Policy Act of                   zone.
                                             annually and rates each agency’s                        1969 (42 U.S.C. 4321–4370f), and have                     (4) All vessels within the regulated
                                             responsiveness to small business. If you                determined that this action is one of a                area shall stay 50 feet away from and
                                             wish to comment on actions by                           category of actions that do not                        give way to all officially entered vessels
                                             employees of the Coast Guard, call 1–                   individually or cumulatively have a                    in parade formation in the Gasparilla
                                             888–REG–FAIR (1–888–734–3247). The                      significant effect on the human                        Marine Parade.
                                             Coast Guard will not retaliate against                  environment. This rule involves a                         (5) When within the marked channels
                                             small entities that question or complain                special local regulation issued in                     of the parade route, vessels participating
                                             about this rule or any policy or action                 conjunction with a regatta or marine                   in the Gasparilla Marine Parade may not
                                             of the Coast Guard.                                     parade. It is categorically excluded from              exceed the minimum speed necessary to
                                                                                                     further review under paragraph L61 of                  maintain steerage.
                                             C. Collection of Information                                                                                      (6) Jet skis and vessels without
                                                                                                     Appendix A, Table 1 of DHS Instruction
                                               This rule will not call for a new                     Manual 023–01–001–01, Rev. 01. A                       mechanical propulsion are prohibited
                                             collection of information under the                     Record of Environmental Consideration                  from the parade route.
                                             Paperwork Reduction Act of 1995 (44                     supporting this determination is                          (7) Vessels less than 10 feet in length
                                             U.S.C. 3501–3520).                                      available in the docket where indicated                are prohibited from the parade route
                                                                                                     under ADDRESSES.                                       unless capable of safely participating.
                                             D. Federalism and Indian Tribal                                                                                   (8) Vessels found to be unsafe to
                                             Governments                                             G. Protest Activities
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                                                                                                                                                            participate at the discretion of a present
                                                A rule has implications for federalism                 The Coast Guard respects the First                   Law Enforcement Officer are prohibited
                                             under Executive Order 13132,                            Amendment rights of protesters.                        from the parade route.
                                             Federalism, if it has a substantial direct              Protesters are asked to contact the                       (9) Northbound vessels in excess of 65
                                             effect on the States, on the relationship               person listed in the FOR FURTHER                       feet in length without mooring
                                             between the national government and                     INFORMATION CONTACT section to                         arrangement made prior to the date of
                                             the States, or on the distribution of                   coordinate protest activities so that your             the event are prohibited from entering


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                                                                Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Rules and Regulations                                           3601

                                             Seddon Channel unless the vessel is                     Monday through Friday, excluding legal                 mail and hand delivery of objections
                                             officially entered in the Gasparilla                    holidays. The telephone number for the                 and hearing requests are provided in 40
                                             Marine Parade.                                          Public Reading Room is (202) 566–1744,                 CFR 178.25(b).
                                               (10) Vessels not officially entered in                and the telephone number for the OPP                     In addition to filing an objection or
                                             the Gasparilla Marine Parade may not                    Docket is (703) 305–5805. Please review                hearing request with the Hearing Clerk
                                             enter the parade staging area box within                the visitor instructions and additional                as described in 40 CFR part 178, please
                                             the following coordinates: 27°53′53″ N,                 information about the docket available                 submit a copy of the filing (excluding
                                             082°27′47″ W; 27°53′22″ N, 082°27′10″                   at http://www.epa.gov/dockets.                         any Confidential Business Information
                                             W; 27°52′36″ N, 082°27′55″ W;                           FOR FURTHER INFORMATION CONTACT:                       (CBI)) for inclusion in the public docket.
                                             27°53′02″ N, 082°28′31″ W.                              Robert McNally, Biopesticides and                      Information not marked confidential
                                               (c) Enforcement period. This rule will                Pollution Prevention Division (7511P),                 pursuant to 40 CFR part 2 may be
                                             be enforced from 9 a.m. to 6 p.m. on                    Office of Pesticide Programs,                          disclosed publicly by EPA without prior
                                             January 27, 2018.                                       Environmental Protection Agency, 1200                  notice. Submit the non-CBI copy of your
                                             Holly L. Najarian,                                      Pennsylvania Ave. NW, Washington, DC                   objection or hearing request, identified
                                             Captain, U.S. Coast Guard, Captain of the               20460–0001; main telephone number:                     by docket ID number EPA–HQ–OPP–
                                             Port Saint Petersburg.                                  (703) 305–7090; email address:                         2017–0401, by one of the following
                                             [FR Doc. 2018–01564 Filed 1–25–18; 8:45 am]             BPPDFRNotices@epa.gov.                                 methods:
                                             BILLING CODE 9110–04–P                                  SUPPLEMENTARY INFORMATION:                               • Federal eRulemaking Portal: http://
                                                                                                     I. General Information                                 www.regulations.gov. Follow the online
                                                                                                                                                            instructions for submitting comments.
                                             ENVIRONMENTAL PROTECTION                                A. Does this action apply to me?                       Do not submit electronically any
                                             AGENCY                                                     You may be potentially affected by                  information you consider to be CBI or
                                                                                                     this action if you are an agricultural                 other information whose disclosure is
                                             40 CFR Part 174                                         producer, food manufacturer, or                        restricted by statute.
                                             [EPA–HQ–OPP–2017–0401; FRL–9972–62]                     pesticide manufacturer. The following                    • Mail: OPP Docket, Environmental
                                                                                                     list of North American Industrial                      Protection Agency Docket Center (EPA/
                                             Bacillus thuringiensis Cry51Aa2.834_                    Classification System (NAICS) codes is                 DC), (28221T), 1200 Pennsylvania Ave.
                                             16; Exemption From the Requirement                      not intended to be exhaustive, but rather              NW, Washington, DC 20460–0001.
                                             of a Tolerance                                          provides a guide to help readers                         • Hand Delivery: To make special
                                                                                                     determine whether this document                        arrangements for hand delivery or
                                             AGENCY:  Environmental Protection
                                                                                                     applies to them. Potentially affected                  delivery of boxed information, please
                                             Agency (EPA).
                                                                                                     entities may include:                                  follow the instructions at http://
                                             ACTION: Final rule.                                        • Crop production (NAICS code 111).                 www.epa.gov/dockets/contacts.html.
                                             SUMMARY:   This regulation establishes an                  • Animal production (NAICS code                     Additional instructions on commenting
                                             exemption from the requirement of a                     112).                                                  or visiting the docket, along with more
                                             tolerance for residues of the                              • Food manufacturing (NAICS code                    information about dockets generally, is
                                             Cry51Aa2.834_16 protein derived from                    311).                                                  available at http://www.epa.gov/
                                                                                                        • Pesticide manufacturing (NAICS                    dockets.
                                             Bacillus thuringiensis in or on cotton,
                                                                                                     code 32532).
                                             when used as a plant-incorporated                                                                              II. Background
                                             protectant. Monsanto Company                            B. How can I get electronic access to
                                             submitted a petition to EPA under the                   other related information?                               In the Federal Register of October 23,
                                             Federal Food, Drug, and Cosmetic Act                      You may access a frequently updated                  2017 (82 FR 49020 (FRL–9967–370)),
                                             (FFDCA), requesting this exemption                      electronic version of 40 CFR part 174                  EPA issued notice pursuant to FFDCA
                                             from the requirement of a tolerance.                    through the Government Printing                        section 408(d)(3), 21 U.S.C. 346a(d)(3),
                                             This regulation eliminates the need                     Office’s e-CFR site at http://                         announcing the filing of a pesticide
                                             under FFDCA to establish a maximum                      www.ecfr.gov/cgi-bin/text-                             tolerance petition (PP 7F8566) by
                                             permissible level for such residues.                    idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                   Monsanto Company, 800 North
                                             DATES: This regulation is effective                     40tab_02.tpl.                                          Lindbergh Blvd., St. Louis, MO 63167.
                                             January 26, 2018. Objections and                                                                               The petition requested that 40 CFR part
                                             requests for hearings must be received                  C. How can I file an objection or hearing              174 be amended by establishing
                                             on or before March 27, 2018, and must                   request?                                               permanent exemption from the
                                             be filed in accordance with the                           Under FFDCA section 408(g), 21                       requirement of a tolerance for the plant-
                                             instructions provided in 40 CFR part                    U.S.C. 346a(g), any person may file an                 pesticide Bacillus thuringiensis
                                             178 (see also Unit I.C. of the                          objection to any aspect of this regulation             Cry51Aa2.834_16 protein in or on
                                             SUPPLEMENTARY INFORMATION).                             and may also request a hearing on those                cotton. A summary of the petition
                                             ADDRESSES: The docket for this action,                  objections. You must file your objection               prepared by the petitioner Monsanto
                                             identified by docket identification (ID)                or request a hearing on this regulation                Company, is available in the docket via
                                             number EPA–HQ–OPP–2017–0401, is                         in accordance with the instructions                    http://www.regulations.gov. There were
                                             available at http://www.regulations.gov                 provided in 40 CFR part 178. To ensure                 no comments received in response to
                                             or at the Office of Pesticide Programs                  proper receipt by EPA, you must                        the notice.
                                             Regulatory Public Docket (OPP Docket)                   identify docket ID number EPA–HQ–                        One modification has been made to
daltland on DSKBBV9HB2PROD with RULES




                                             in the Environmental Protection Agency                  OPP–2017–0401 in the subject line on                   the original request for a tolerance
                                             Docket Center (EPA/DC), West William                    the first page of your submission. All                 exemption: EPA changed ‘‘plant-
                                             Jefferson Clinton Bldg., Rm. 3334, 1301                 objections and requests for a hearing                  pesticide’’ to ‘‘plant-incorporated
                                             Constitution Ave. NW, Washington, DC                    must be in writing, and must be                        protectant’’, to align with the Agency’s
                                             20460–0001. The Public Reading Room                     received by the Hearing Clerk on or                    vocabulary, which is published in 40
                                             is open from 8:30 a.m. to 4:30 p.m.,                    before March 27, 2018. Addresses for                   CFR part 174.3.


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Document Created: 2018-10-26 10:04:53
Document Modified: 2018-10-26 10:04:53
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 from from 9 a.m. to 6 p.m. on January 27, 2018.
ContactIf you have questions on this rule, call or email Marine Science Technician First Class Michael D. Shackleford, Sector St. Petersburg Prevention Department, Coast Guard; telephone (813) 228-2191, email [email protected]
FR Citation83 FR 3599 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways

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