83 FR 38670 - Special Local Regulation; Battle of the Bridges, Intracoastal Waterway, Venice, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 152 (August 7, 2018)

Page Range		38670-38672
FR Document		2018-16834

The Coast Guard proposes to establish a temporary special local regulation for certain waters of the Intracoastal Waterway. This action is necessary to provide for the safety of life on these navigable waters in Venice, FL, during the Battle of the Bridges on September 15, 2018. This proposed rulemaking would prohibit persons and vessels from being in the race area unless authorized by the Captain of the Port St. Petersburg (COTP) or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 152 (Tuesday, August 7, 2018)

[Federal Register Volume 83, Number 152 (Tuesday, August 7, 2018)]
[Proposed Rules]
[Pages 38670-38672]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-16834]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0608]
RIN 1625-AA08

Special Local Regulation; Battle of the Bridges, Intracoastal
Waterway, Venice, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary special
local regulation for certain waters of the Intracoastal Waterway. This
action is necessary to provide for the safety of life on these
navigable waters in Venice, FL, during the Battle of the Bridges on
September 15, 2018. This proposed rulemaking would prohibit persons and
vessels from being in the race area unless authorized by the Captain of
the Port St. Petersburg (COTP) or a designated representative. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before August 22, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0608 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Marine Science Technician First
Class Michael Shackleford, U.S. Coast Guard; telephone 813-228-2191,
email Michael.D.Shackleford@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

On November 7, 2017, the Sarasota Scullers Youth Rowing Program
notified the Coast Guard that it will be conducting the Battle of the
Bridges sculler race from 7 a.m. to 7:30 p.m. on September 15, 2018.
The race will take place in portions of the Intracoastal Waterway in
Venice, FL. The Captain of the Port St. Petersburg (COTP) has
determined that potential hazards associated with the race to be a
safety concern for anyone within area where the race is taking place.
The Coast Guard is requesting that interested parties provide
comments within a shortened comment period of 15 days instead of a
standard 30 days for this notice of proposed rulemaking. The Coast
Guard believes a shortened comment period is necessary and reasonable
because the special local regulation is necessary to ensure the safety
of vessels and the navigable waters within, or near the race area
during the scheduled event. Any delay in making this final rule
effective by allowing comments for more than 15 days would not be in
the best interest of public safety.
The Coast Guard proposes this rulemaking under authority in 33
U.S.C. 1233.

III. Discussion of Proposed Rule

The COTP proposes to establish a temporary special local regulation
from 7 a.m. to 7:30 p.m. on September 15, 2018. The regulation would
cover a race which would take place on approximately 3.5 miles of the
Intracoastal Waterway starting near the Shamrock Park & Nature Center
and ending near the Tamiami Trail Bridge in Venice, FL. The duration of
the regulation is intended to ensure the safety of vessels and these
navigable waters during the scheduled 7 a.m. to 7:30 p.m. race. No
vessel or person would be permitted to enter the regulated area without
obtaining permission from the COTP or a designated representative.
Persons or vessels receiving permission to enter the regulated area
must comply with the instructions of the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory

[[Page 38671]]

approaches that maximize net benefits. Executive Order 13771 directs
agencies to control regulatory costs through a budgeting process. This
NPRM has not been designated a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, the NPRM has not been reviewed by
the Office of Management and Budget (OMB), and pursuant to OMB guidance
it is exempt from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
This regulation would impact approximately 3.5 miles of the
Intracoastal Waterway in Venice, FL for twelve and half hours on one
day. The Coast Guard would issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the regulation, and the rule would allow
vessels to seek permission to enter the race area in emergency
situations. Advance notice of the regulation will provide the local
community with ample time to plan around the race event accordingly.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This proposed rule involves special local regulation which
temporarily limits access to the portions of the Intracoastal Waterway
in Venice, FL to race participants only, except in emergency
situations. Normally such actions are categorically excluded from
further review under paragraph L[61] of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.

[[Page 38672]]

Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

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

0
2. Add Sec. 100.35T07-0195 to read as follows:

Sec. 100.35T07-0195 Special Local Regulation; Battle of the Bridges,
Intracoastal Waterway; Venice, FL.

(a) Regulated Area. A regulated area is established to include a
race area located on all waters of the Intracoastal Waterway south of a
line made connecting the following points: 27[deg]06'15'' N,
082[deg]26'43'' W, to position 27[deg]06'12'' N, 082[deg]26'43'' W, and
all waters of the Intracoastal Waterway north of a line made connecting
the following points: 27[deg]03'21'' N, 082[deg]26'17'' W, to position
27[deg]03'19'' N, 082[deg]26'15'' W. All coordinates are North American
Datum 1983.
(b) Definitions. 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 authorized by the Captain of the
Port (COTP) St. Petersburg or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the race area may contact the COTP St. Petersburg
by telephone at (727) 824-7506 or via VHF-FM radio Channel 16 to
request authorization.
(3) If authorization to enter, transit through, anchor in, or
remain within the race area is granted, all persons and vessels
receiving such authorization shall comply with the instructions of the
COTP or a designated representative.
(4) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, or by on-scene
designated representatives.
(d) Enforcement Period. This rule will be enforced from 7 a.m.
until 7:30 p.m. on September 15, 2018.

Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2018-16834 Filed 8-6-18; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Proposed Rules 38671

approaches that maximize net benefits. concerning its provisions or options for which guide the Coast Guard in
Executive Order 13771 directs agencies compliance, please contact the person complying with the National
to control regulatory costs through a listed in the FOR FURTHER INFORMATION Environmental Policy Act of 1969 (42
budgeting process. This NPRM has not CONTACT section. The Coast Guard will U.S.C. 4321–4370f), and have made a
been designated a ‘‘significant not retaliate against small entities that preliminary determination that this
regulatory action,’’ under Executive question or complain about this action is one of a category of actions that
Order 12866. Accordingly, the NPRM proposed rule or any policy or action of do not individually or cumulatively
has not been reviewed by the Office of the Coast Guard. have a significant effect on the human
Management and Budget (OMB), and environment. This proposed rule
pursuant to OMB guidance it is exempt C. Collection of Information involves special local regulation which
from the requirements of Executive This proposed rule would not call for temporarily limits access to the portions
Order 13771. a new collection of information under of the Intracoastal Waterway in Venice,
This regulatory action determination the Paperwork Reduction Act of 1995 FL to race participants only, except in
is based on the size, location, duration, (44 U.S.C. 3501–3520). emergency situations. Normally such
and time-of-day of the special local actions are categorically excluded from
D. Federalism and Indian Tribal
regulation. This regulation would further review under paragraph L[61] of
impact approximately 3.5 miles of the Governments
Appendix A, Table 1 of DHS Instruction
Intracoastal Waterway in Venice, FL for A rule has implications for federalism Manual 023–01–001–01, Rev. 01. A
twelve and half hours on one day. The under Executive Order 13132, preliminary Record of Environmental
Coast Guard would issue a Broadcast Federalism, if it has a substantial direct Consideration supporting this
Notice to Mariners via VHF–FM marine effect on the States, on the relationship determination is available in the docket
channel 16 about the regulation, and the between the national government and where indicated under ADDRESSES. We
rule would allow vessels to seek the States, or on the distribution of seek any comments or information that
permission to enter the race area in power and responsibilities among the may lead to the discovery of a
emergency situations. Advance notice of various levels of government. We have significant environmental impact from
the regulation will provide the local analyzed this proposed rule under that this proposed rule.
community with ample time to plan Order and have determined that it is
around the race event accordingly. consistent with the fundamental G. Protest Activities
federalism principles and preemption The Coast Guard respects the First
B. Impact on Small Entities Amendment rights of protesters.
requirements described in Executive
The Regulatory Flexibility Act of Order 13132. Protesters are asked to contact the
1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have person listed in the FOR FURTHER
requires Federal agencies to consider tribal implications under Executive INFORMATION CONTACT section to
the potential impact of regulations on Order 13175, Consultation and coordinate protest activities so that your
small entities during rulemaking. The Coordination with Indian Tribal message can be received without
term ‘‘small entities’’ comprises small Governments, because it would not have jeopardizing the safety or security of
businesses, not-for-profit organizations a substantial direct effect on one or people, places, or vessels.
that are independently owned and more Indian tribes, on the relationship
operated and are not dominant in their V. Public Participation and Request for
between the Federal Government and
fields, and governmental jurisdictions Comments
Indian tribes, or on the distribution of
with populations of less than 50,000. power and responsibilities between the We view public participation as
The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. essential to effective rulemaking, and
605(b) that this proposed rule would not If you believe this proposed rule has will consider all comments and material
have a significant economic impact on implications for federalism or Indian received during the comment period.
a substantial number of small entities. tribes, please contact the person listed Your comment can help shape the
While some owners or operators of in the FOR FURTHER INFORMATION outcome of this rulemaking. If you
vessels intending to transit the CONTACT section. submit a comment, please include the
regulation area may be small entities, for docket number for this rulemaking,
the reasons stated in section IV.A above, E. Unfunded Mandates Reform Act indicate the specific section of this
this proposed rule would not have a The Unfunded Mandates Reform Act document to which each comment
significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires applies, and provide a reason for each
vessel owner or operator. Federal agencies to assess the effects of suggestion or recommendation.
If you think that your business, their discretionary regulatory actions. In We encourage you to submit
organization, or governmental particular, the Act addresses actions comments through the Federal
jurisdiction qualifies as a small entity that may result in the expenditure by a eRulemaking Portal at http://
and that this rule would have a State, local, or tribal government, in the www.regulations.gov. If your material
significant economic impact on it, aggregate, or by the private sector of cannot be submitted using http://
please submit a comment (see $100,000,000 (adjusted for inflation) or www.regulations.gov, contact the person
ADDRESSES) explaining why you think it more in any one year. Though this in the FOR FURTHER INFORMATION
qualifies and how and to what degree proposed rule would not result in such CONTACT section of this document for
this rule would economically affect it. an expenditure, we do discuss the alternate instructions.
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Under section 213(a) of the Small effects of this rule elsewhere in this We accept anonymous comments. All
Business Regulatory Enforcement preamble. comments received will be posted
Fairness Act of 1996 (Pub. L. 104–121), without change to http://
we want to assist small entities in F. Environment www.regulations.gov and will include
understanding this proposed rule. If the We have analyzed this proposed rule any personal information you have
rule would affect your small business, under Department of Homeland provided. For more about privacy and
organization, or governmental Security Directive 023–01 and the docket, visit http://
jurisdiction and you have questions Commandant Instruction M16475.1D, www.regulations.gov/privacyNotice.

VerDate Sep<11>2014 16:26 Aug 06, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\07AUP1.SGM 07AUP1

Document Created: 2018-11-06 10:38:25
Document Modified: 2018-11-06 10:38:25

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before August 22, 2018.
Contact		If you have questions about this proposed rulemaking, call or email Marine Science Technician First Class Michael Shackleford, U.S. Coast Guard; telephone 813-228-2191, email [email protected]
FR Citation		83 FR 38670
RIN Number		1625-AA08
CFR Associated		Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways

83 FR 38670 - Special Local Regulation; Battle of the Bridges, Intracoastal Waterway, Venice, FL

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 152 (August 7, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard