83_FR_44398 83 FR 44229 - Special local regulation; Battle of the Bridges, Intracoastal Waterway; Venice, FL

83 FR 44229 - Special local regulation; Battle of the Bridges, Intracoastal Waterway; Venice, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 169 (August 30, 2018)

Page Range44229-44231
FR Document2018-18771

The Coast Guard is establishing 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 regulation prohibits persons and vessels from being in the race area unless authorized by the Captain of the Port St. Petersburg (COTP) or a designated representative.

Federal Register, Volume 83 Issue 169 (Thursday, August 30, 2018)
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44229-44231]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18771]


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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: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing 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 regulation prohibits persons and vessels from being in the 
race area unless authorized by the Captain of the Port St. Petersburg 
(COTP) or a designated representative.

DATES: This rule is effective from 7 a.m. until 7:30 p.m. on September 
15, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0608 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, U.S. Coast Guard; telephone 813-228-2191, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    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. In response, on August 7, 2018, the Coast Guard published a 
notice of proposed rulemaking (NPRM) titled Special Local Regulation; 
Battle of the Bridges,

[[Page 44230]]

Intracoastal Waterway, Venice, FL (83 FR 38670) There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory action 
related to this fireworks display. During the comment period that ended 
August 22, 2018, we did not receive any comments.
    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. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with the running of 
the event on September 15, 2018.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. 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 purpose of this 
rule is to ensure safety of vessels and the navigable waters in the 
special local regulation during the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM, which was 
published on August 7, 2018. There are no changes in the regulatory 
text of this rule from the proposed rule in the NPRM.
    This rule establishes a 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.

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 the size, 
location, duration, and time-of-day of the special local regulation. 
Vessel traffic will be able to safely transit through this regulated 
area for urgent situations with COTP approval which impacts a 
designated area of the Intracoastal Waterway for 12.5 hours. Moreover, 
the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the regulation, and the rule allow vessels to 
seek permission to enter the zone.

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 did not receive any comments from the Small 
Business Administration on this rulemaking. 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 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

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

[[Page 44231]]

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 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 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 which temporarily limits access to race 
participants only in certain portions of the Intracoastal Waterway in 
Venice, FL, except in emergency situations. 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.  100.35T07-0195 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. 2018-18771 Filed 8-29-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                            Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations                                         44229

                                           Therefore, no actions were deemed                       Executive Order 13771                                 DEPARTMENT OF HOMELAND
                                           necessary under the provisions of the                                                                         SECURITY
                                           Unfunded Mandates Reform Act of                           This rule is not subject to the
                                           1995.                                                   requirements of E.O. 13771 (82 FR 9339,               Coast Guard
                                                                                                   February 3, 2017).
                                           Small Business Regulatory Enforcement                                                                         33 CFR Part 100
                                           Fairness Act of 1996                                    List of Subjects in 22 CFR Part 121
                                                                                                     Arms and munitions, Classified                      [Docket Number USCG–2018–0608]
                                             The Department does not believe this                  information, Exports.                                 RIN 1625–AA08
                                           rulemaking is a major rule under the
                                           criteria of 5 U.S.C. 804.                                 For reasons stated in the preamble,
                                                                                                   the State Department amends 22 CFR                    Special local regulation; Battle of the
                                           Executive Orders 12372 and 13132                        part 121 as follows:                                  Bridges, Intracoastal Waterway;
                                                                                                                                                         Venice, FL
                                             This rulemaking does not have                         PART 121—THE UNITED STATES
                                           sufficient federalism implications to                                                                         AGENCY:    Coast Guard, DHS.
                                                                                                   MUNITIONS LIST
                                           require consultations or warrant the                                                                          ACTION:   Temporary final rule.
                                           preparation of a federalism summary                     ■ 1. The authority citation for part 121
                                           impact statement. The regulations                                                                             SUMMARY:   The Coast Guard is
                                                                                                   continues to read as follows:                         establishing a temporary special local
                                           implementing Executive Order 12372
                                           regarding intergovernmental                               Authority: Secs. 2, 38, and 71, Pub. L. 90–         regulation for certain waters of the
                                                                                                   629, 90 Stat. 744 (22 U.S.C. 2752, 2778,              Intracoastal Waterway. This action is
                                           consultation on Federal programs and
                                                                                                   2797); 22 U.S.C. 2651a; Pub. L. 105–261, 112          necessary to provide for the safety of life
                                           activities do not apply to this                         Stat. 1920; Section 1261, Pub. L. 112–239;
                                           rulemaking.                                                                                                   on these navigable waters in Venice, FL,
                                                                                                   E.O. 13637, 78 FR 16129.
                                                                                                                                                         during the Battle of the Bridges on
                                           Executive Orders 12866 and 13563                        ■ 2. In § 121.1, under Category XI, revise            September 15, 2018. This regulation
                                                                                                   paragraph (b), effective August 30, 2018,             prohibits persons and vessels from
                                              Executive Orders 12866 and 13563
                                                                                                   to read as follows:                                   being in the race area unless authorized
                                           direct agencies to assess all costs and
                                                                                                                                                         by the Captain of the Port St. Petersburg
                                           benefits of available regulatory                        § 121.1    The United States Munitions List.          (COTP) or a designated representative.
                                           alternatives and, if regulation is                      *      *      *      *       *
                                           necessary, to select regulatory                                                                               DATES: This rule is effective from 7 a.m.
                                           approaches that maximize net benefits                   Category XI—Military Electronics                      until 7:30 p.m. on September 15, 2018.
                                           (including potential economic,                                                                                ADDRESSES: To view documents
                                                                                                   *      *     *    *     *
                                           environmental, public health and safety                                                                       mentioned in this preamble as being
                                                                                                      * (b) Electronic systems, equipment or             available in the docket, go to http://
                                           effects, distributed impacts, and equity).
                                                                                                   software, not elsewhere enumerated in                 www.regulations.gov, type USCG–2018–
                                           Executive Order 13563 emphasizes the
                                                                                                   this subchapter, specially designed for               0608 in the ‘‘SEARCH’’ box and click
                                           importance of quantifying both costs
                                                                                                   intelligence purposes that collect,                   ‘‘SEARCH.’’ Click on Open Docket
                                           and benefits, of reducing costs, of
                                                                                                   survey, monitor, or exploit, or analyze               Folder on the line associated with this
                                           harmonizing rules, and of promoting
                                                                                                   and produce information from, the                     rule.
                                           flexibility. This rulemaking is a
                                                                                                   electromagnetic spectrum (regardless of
                                           significant but not an economically                                                                           FOR FURTHER INFORMATION CONTACT: If
                                                                                                   transmission medium), or for
                                           significant rule, under the criteria of                                                                       you have questions on this rule, call or
                                                                                                   counteracting such activities.
                                           Executive Order 12866, and is                                                                                 email Marine Science Technician First
                                           consistent with the provisions of                       *      *     *    *     *                             Class Michael Shackleford, U.S. Coast
                                           Executive Order 13563.                                  ■ 3. In § 121.1, under Category XI, revise            Guard; telephone 813–228–2191, email
                                                                                                   paragraph (b), effective August 30, 2019,             Michael.D.Shackleford@uscg.mil.
                                           Executive Order 12988
                                                                                                   to read as follows:                                   SUPPLEMENTARY INFORMATION:
                                              The Department of State has reviewed                 § 121.1    The United States Munitions List.
                                           this rulemaking in light of sections 3(a)                                                                     I. Table of Abbreviations
                                           and 3(b)(2) of Executive Order 12988 to                 *      *      *      *       *                        CFR Code of Federal Regulations
                                           eliminate ambiguity, minimize                           Category XI—Military Electronics                      DHS Department of Homeland Security
                                           litigation, establish clear legal                                                                             FR Federal Register
                                                                                                   *      *     *    *     *                             NPRM Notice of proposed rulemaking
                                           standards, and reduce burden.
                                                                                                      * (b) Electronic systems or equipment,             § Section
                                           Executive Order 13175                                   not elsewhere enumerated in this                      U.S.C. United States Code
                                                                                                   subchapter, specially designed for                    II. Background Information and
                                             The Department of State has
                                                                                                   intelligence purposes that collect,                   Regulatory History
                                           determined that this rulemaking will
                                                                                                   survey, monitor, or exploit the
                                           not have tribal implications, will not                                                                          On November 7, 2017, the Sarasota
                                                                                                   electromagnetic spectrum (regardless of
                                           impose substantial direct compliance                                                                          Scullers Youth Rowing Program notified
                                                                                                   transmission medium), or for
                                           costs on Indian tribal governments, and                                                                       the Coast Guard that it will be
                                                                                                   counteracting such activities.
                                           will not preempt tribal law.                                                                                  conducting the Battle of the Bridges
                                           Accordingly, the requirements of                        *      *     *    *     *
                                                                                                                                                         sculler race from 7 a.m. to 7:30 p.m. on
                                           Executive Order 13175 do not apply to                      Dated: August 27, 2018.                            September 15, 2018. The race will take
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                                           this rulemaking.                                        Andrea Thompson,                                      place in portions of the Intracoastal
                                           Paperwork Reduction Act                                 Under Secretary of State for Arms Control             Waterway in Venice, FL. In response, on
                                                                                                   and International Security, U.S. Department           August 7, 2018, the Coast Guard
                                             This rulemaking does not impose or                    of State.                                             published a notice of proposed
                                           revise any information collections                      [FR Doc. 2018–19029 Filed 8–29–18; 8:45 am]           rulemaking (NPRM) titled Special Local
                                           subject to 44 U.S.C. chapter 35.                        BILLING CODE 4710–25–P                                Regulation; Battle of the Bridges,


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                                           44230            Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations

                                           Intracoastal Waterway, Venice, FL (83                   Executive orders, and we discuss First                jurisdiction and you have questions
                                           FR 38670) There we stated why we                        Amendment rights of protestors.                       concerning its provisions or options for
                                           issued the NPRM, and invited                                                                                  compliance, please contact the person
                                                                                                   A. Regulatory Planning and Review
                                           comments on our proposed regulatory                                                                           listed in the FOR FURTHER INFORMATION
                                           action related to this fireworks display.                  Executive Orders 12866 and 13563                   CONTACT section.
                                           During the comment period that ended                    direct agencies to assess the costs and                  Small businesses may send comments
                                           August 22, 2018, we did not receive any                 benefits of available regulatory                      on the actions of Federal employees
                                           comments.                                               alternatives and, if regulation is                    who enforce, or otherwise determine
                                              Under 5 U.S.C. 553(d)(3), the Coast                  necessary, to select regulatory                       compliance with, Federal regulations to
                                           Guard finds that good cause exists for                  approaches that maximize net benefits.                the Small Business and Agriculture
                                           making this rule effective less than 30                 Executive Order 13771 directs agencies                Regulatory Enforcement Ombudsman
                                           days after publication in the Federal                   to control regulatory costs through a                 and the Regional Small Business
                                           Register. Delaying the effective date of                budgeting process. This rule has not                  Regulatory Fairness Boards. The
                                           this rule would be impracticable                        been designated a ‘‘significant                       Ombudsman evaluates these actions
                                           because immediate action is needed to                   regulatory action,’’ under Executive                  annually and rates each agency’s
                                           respond to the potential safety hazards                 Order 12866. Accordingly, this rule has               responsiveness to small business. If you
                                           associated with the running of the event                not been reviewed by the Office of                    wish to comment on actions by
                                           on September 15, 2018.                                  Management and Budget (OMB), and                      employees of the Coast Guard, call 1–
                                                                                                   pursuant to OMB guidance it is exempt                 888–REG–FAIR (1–888–734–3247). The
                                           III. Legal Authority and Need for Rule                  from the requirements of Executive                    Coast Guard will not retaliate against
                                                                                                   Order 13771.                                          small entities that question or complain
                                             The Coast Guard is issuing this rule
                                                                                                      This regulatory action determination               about this rule or any policy or action
                                           under authority in 33 U.S.C. 1233. The
                                                                                                   is based on the size, location, duration,             of the Coast Guard.
                                           Captain of the Port St. Petersburg
                                                                                                   and time-of-day of the special local
                                           (COTP) has determined that potential                                                                          C. Collection of Information
                                                                                                   regulation. Vessel traffic will be able to
                                           hazards associated with the race to be a
                                                                                                   safely transit through this regulated area              This rule will not call for a new
                                           safety concern for anyone within area
                                                                                                   for urgent situations with COTP                       collection of information under the
                                           where the race is taking place. The
                                                                                                   approval which impacts a designated                   Paperwork Reduction Act of 1995 (44
                                           purpose of this rule is to ensure safety
                                                                                                   area of the Intracoastal Waterway for                 U.S.C. 3501–3520).
                                           of vessels and the navigable waters in
                                                                                                   12.5 hours. Moreover, the Coast Guard
                                           the special local regulation during the                                                                       D. Federalism and Indian Tribal
                                                                                                   will issue a Broadcast Notice to
                                           scheduled event.                                                                                              Governments
                                                                                                   Mariners via VHF–FM marine channel
                                           IV. Discussion of Comments, Changes,                    16 about the regulation, and the rule                    A rule has implications for federalism
                                           and the Rule                                            allow vessels to seek permission to enter             under Executive Order 13132,
                                                                                                   the zone.                                             Federalism, if it has a substantial direct
                                             As noted above, we received no                                                                              effect on the States, on the relationship
                                           comments on our NPRM, which was                         B. Impact on Small Entities                           between the national government and
                                           published on August 7, 2018. There are                     The Regulatory Flexibility Act of                  the States, or on the distribution of
                                           no changes in the regulatory text of this               1980, 5 U.S.C. 601–612, as amended,                   power and responsibilities among the
                                           rule from the proposed rule in the                      requires Federal agencies to consider                 various levels of government. We have
                                           NPRM.                                                   the potential impact of regulations on                analyzed this rule under that Order and
                                             This rule establishes a special local                 small entities during rulemaking. The                 have determined that it is consistent
                                           regulation from 7 a.m. to 7:30 p.m. on                  term ‘‘small entities’’ comprises small               with the fundamental federalism
                                           September 15, 2018. The regulation                      businesses, not-for-profit organizations              principles and preemption requirements
                                           would cover a race which would take                     that are independently owned and                      described in Executive Order 13132.
                                           place on approximately 3.5 miles of the                 operated and are not dominant in their                   Also, this rule does not have tribal
                                           Intracoastal Waterway starting near the                 fields, and governmental jurisdictions                implications under Executive Order
                                           Shamrock Park & Nature Center and                       with populations of less than 50,000.                 13175, Consultation and Coordination
                                           ending near the Tamiami Trail Bridge in                 The Coast Guard did not receive any                   with Indian Tribal Governments,
                                           Venice, FL. The duration of the                         comments from the Small Business                      because it does not have a substantial
                                           regulation is intended to ensure the                    Administration on this rulemaking. The                direct effect on one or more Indian
                                           safety of vessels and these navigable                   Coast Guard certifies under 5 U.S.C.                  tribes, on the relationship between the
                                           waters during the scheduled 7 a.m. to                   605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                           7:30 p.m. race. No vessel or person                     significant economic impact on a                      or on the distribution of power and
                                           would be permitted to enter the                         substantial number of small entities.                 responsibilities between the Federal
                                           regulated area without obtaining                           While some owners or operators of                  Government and Indian tribes. If you
                                           permission from the COTP or a                           vessels intending to transit the safety               believe this rule has implications for
                                           designated representative. Persons or                   zone may be small entities, for the                   federalism or Indian tribes, please
                                           vessels receiving permission to enter the               reasons stated in section V.A above, this             contact the person listed in the FOR
                                           regulated area must comply with the                     rule will not have a significant                      FURTHER INFORMATION CONTACT section.
                                           instructions of the COTP or a designated                economic impact on any vessel owner
                                           representative.                                         or operator.                                          E. Unfunded Mandates Reform Act
                                                                                                      Under section 213(a) of the Small                    The Unfunded Mandates Reform Act
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                                           V. Regulatory Analyses
                                                                                                   Business Regulatory Enforcement                       of 1995 (2 U.S.C. 1531–1538) requires
                                             We developed this rule after                          Fairness Act of 1996 (Pub. L. 104–121),               Federal agencies to assess the effects of
                                           considering numerous statutes and                       we want to assist small entities in                   their discretionary regulatory actions. In
                                           Executive orders related to rulemaking.                 understanding this rule. If the rule                  particular, the Act addresses actions
                                           Below we summarize our analyses                         would affect your small business,                     that may result in the expenditure by a
                                           based on a number of these statutes and                 organization, or governmental                         State, local, or tribal government, in the


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                                                            Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations                                       44231

                                           aggregate, or by the private sector of                  connecting the following points:                      ACTION:Notification of expired
                                           $100,000,000 (adjusted for inflation) or                27°06′15″ N, 082°26′43″ W, to position                temporary rules issued.
                                           more in any one year. Though this rule                  27°06′12″ N, 082°26′43″ W, and all
                                           will not result in such an expenditure,                 waters of the Intracoastal Waterway                   SUMMARY:    This document provides
                                           we do discuss the effects of this rule                  north of a line made connecting the                   notification of substantive rules issued
                                           elsewhere in this preamble.                             following points: 27°03′21″ N,                        by the Coast Guard that were made
                                                                                                   082°26′17″ W, to position 27°03′19″ N,                temporarily effective but expired before
                                           F. Environment                                          082°26′15″ W. All coordinates are North               they could be published in the Federal
                                             We have analyzed this rule under                      American Datum 1983.                                  Register. This document lists temporary
                                           Department of Homeland Security                           (b) Definitions. The term ‘‘designated              safety zones, security zones, special
                                           Directive 023–01 and Commandant                         representative’’ means Coast Guard                    local regulations, drawbridge operation
                                           Instruction M16475.1D, which guide the                  Patrol Commanders, including Coast                    regulations and regulated navigation
                                           Coast Guard in complying with the                       Guard coxswains, petty officers, and                  areas, all of limited duration and for
                                           National Environmental Policy Act of                    other officers operating Coast Guard                  which timely publication in the Federal
                                           1969 (42 U.S.C. 4321–4370f), and have                   vessels, and Federal, state, and local                Register was not possible.
                                           determined that this action is one of a                 officers designated by or assisting the               DATES: This document lists temporary
                                           category of actions that do not                         COTP St. Petersburg in the enforcement                Coast Guard rules that became effective,
                                           individually or cumulatively have a                     of the regulated areas.                               primarily during the period between
                                           significant effect on the human                           (c) Regulations. (1) All non-                       April 2018 and June 2018, unless
                                           environment. This rule involves a                       participant persons and vessels are                   otherwise indicated, and were
                                           special local regulation which                          prohibited from entering, transiting                  terminated before they could be
                                           temporarily limits access to race                       through, anchoring in, or remaining                   published in the Federal Register.
                                           participants only in certain portions of                within the race area unless authorized                ADDRESSES: Temporary rules listed in
                                           the Intracoastal Waterway in Venice, FL,                by the Captain of the Port (COTP) St.                 this document may be viewed online,
                                           except in emergency situations. It is                   Petersburg or a designated                            under their respective docket numbers,
                                           categorically excluded from further                     representative.                                       using the Federal eRulemaking Portal at
                                           review under paragraph L61 of                             (2) Persons and vessels desiring to                 http://www.regulations.gov.
                                           Appendix A, Table 1 of DHS Instruction                  enter, transit through, anchor in, or
                                                                                                                                                         FOR FURTHER INFORMATION CONTACT: For
                                           Manual 023–01–001–01, Rev. 01. A                        remain within the race area may contact
                                                                                                   the COTP St. Petersburg by telephone at               questions on this document contact
                                           Record of Environmental Consideration                                                                         Yeoman First Class David Hager, Office
                                           supporting this determination is                        (727) 824–7506 or via VHF–FM radio
                                                                                                   Channel 16 to request authorization.                  of Regulations and Administrative Law,
                                           available in the docket where indicated                                                                       telephone (202) 372–3862.
                                           under ADDRESSES.                                          (3) If authorization to enter, transit
                                                                                                   through, anchor in, or remain within the              SUPPLEMENTARY INFORMATION: Coast
                                           G. Protest Activities                                   race area is granted, all persons and                 Guard District Commanders and
                                             The Coast Guard respects the First                    vessels receiving such authorization                  Captains of the Port (COTP) must be
                                           Amendment rights of protesters.                         shall comply with the instructions of                 immediately responsive to the safety
                                           Protesters are asked to contact the                     the COTP or a designated                              and security needs within their
                                           person listed in the FOR FURTHER                        representative.                                       jurisdiction; therefore, District
                                           INFORMATION CONTACT section to                            (4) The Coast Guard will provide                    Commanders and COTPs have been
                                           coordinate protest activities so that your              notice of the regulated areas by Local                delegated the authority to issue certain
                                           message can be received without                         Notice to Mariners, Broadcast Notice to               local regulations. Safety zones may be
                                           jeopardizing the safety or security of                  Mariners, or by on-scene designated                   established for safety or environmental
                                           people, places or vessels.                              representatives.                                      purposes. A safety zone may be
                                                                                                     (d) Enforcement period. This rule will              stationary and described by fixed limits
                                           List of Subjects in 33 CFR Part 100                     be enforced from 7 a.m. until 7:30 p.m.               or it may be described as a zone around
                                             Marine safety, Navigation (water),                    on September 15, 2018.                                a vessel in motion. Security zones limit
                                           Reporting and recordkeeping                                                                                   access to prevent injury or damage to
                                                                                                   Holly L. Najarian,
                                           requirements, Waterways.                                                                                      vessels, ports, or waterfront facilities.
                                                                                                   Captain, U.S. Coast Guard, Captain of the
                                             For the reasons discussed in the                                                                            Special local regulations are issued to
                                                                                                   Port Saint Petersburg.
                                           preamble, the Coast Guard amends 33                                                                           enhance the safety of participants and
                                                                                                   [FR Doc. 2018–18771 Filed 8–29–18; 8:45 am]
                                           CFR part 100 as follows:                                                                                      spectators at regattas and other marine
                                                                                                   BILLING CODE 9110–04–P
                                                                                                                                                         events. Drawbridge operation
                                           PART 100—SAFETY OF LIFE ON                                                                                    regulations authorize changes to
                                           NAVIGABLE WATERS                                                                                              drawbridge schedules to accommodate
                                                                                                   DEPARTMENT OF HOMELAND
                                                                                                                                                         bridge repairs, seasonal vessel traffic,
                                           ■ 1. The authority citation for part 100                SECURITY
                                                                                                                                                         and local public events. Regulated
                                           continues to read as follows:                           Coast Guard                                           Navigation Areas are water areas within
                                               Authority: 33 U.S.C. 1233; 33 CFR 1.05–1.                                                                 a defined boundary for which
                                           ■ 2. Add § 100.35T07–0195 to read as                    33 CFR Parts 100, 117, 147, and 165                   regulations for vessels navigating within
                                           follows:                                                                                                      the area have been established by the
                                                                                                   [USCG–2018–0496]                                      regional Coast Guard District
                                           § 100.35T07–0195 Special local regulation;                                                                    Commander.
amozie on DSK3GDR082PROD with RULES




                                                                                                   2018 Quarterly Listings; Safety Zones,
                                           Battle of the Bridges, Intracoastal                                                                              Timely publication of these rules in
                                           Waterway; Venice, FL.
                                                                                                   Security Zones, Special Local
                                                                                                                                                         the Federal Register may be precluded
                                                                                                   Regulations, Drawbridge Operation
                                             (a) Regulated area. A regulated area is                                                                     when a rule responds to an emergency,
                                                                                                   Regulations and Regulated Navigation
                                           established to include a race area                                                                            or when an event occurs without
                                                                                                   Areas
                                           located on all waters of the Intracoastal                                                                     sufficient advance notice. The affected
                                           Waterway south of a line made                           AGENCY:    Coast Guard, DHS.                          public is, however, often informed of


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Document Created: 2018-08-30 01:21:47
Document Modified: 2018-08-30 01:21:47
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 7 a.m. until 7:30 p.m. on September 15, 2018.
ContactIf you have questions on this rule, call or email Marine Science Technician First Class Michael Shackleford, U.S. Coast Guard; telephone 813-228-2191, email [email protected]
FR Citation83 FR 44229 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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