Special Local Regulation; Saint Andrew Bay; Panama City, FL, 78507-78509 [2016-26961]
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Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Rules and Regulations
introductory text add a new sentence
after the second sentence; and add
paragraph (i) to read as follows:
§ 10.35
Administrative stay of action.
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*
*
*
(b) * * * A request for stay must be
submitted in accordance with § 10.20
and in the following form (except that
a request for stay subject to § 10.31 must
also include the certification provided
in § 10.31(c)) no later than 30 days after
the date of the decision involved. * * *
*
*
*
*
*
(e) * * * If, at any time, the
Commissioner determines that changes
in law, facts, or circumstances since the
date on which the petition was
submitted have rendered the petition
moot, the Commissioner may dismiss
the petition. * * *
*
*
*
*
*
(i) A petitioner may supplement,
amend, or withdraw a petition for stay
of action in writing without Agency
approval and without prejudice to
resubmission at any time until the
Commissioner rules on the petition,
provided the resubmission is made in
accordance with paragraph (b) of this
section, unless the petition for stay of
action has been referred for a hearing
under parts 12, 13, 14, or 15 of this
chapter. After a ruling or referral, a
petition for stay of action may be
supplemented, amended, or withdrawn
only with the approval of the
Commissioner. The Commissioner may
approve withdrawal with or without
prejudice against resubmission of the
petition for stay of action.
Dated: November 2, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016–26912 Filed 11–7–16; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2016–0932]
RIN 1625–AA08
Lhorne on DSK30JT082PROD with RULES
Special Local Regulation; Saint
Andrew Bay; Panama City, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation on Saint Andrew Bay
extending the entire width of the
SUMMARY:
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14:19 Nov 07, 2016
Jkt 241001
channel from mile marker 285.0 to mile
marker 289.0 on the Gulf Intracoastal
Waterway in Panama City, FL. The
special local regulation is needed to
protect the persons participating in the
Boat Parade of Lights marine event. This
rulemaking restricts transit into, through
and within the regulated area unless
specifically authorized by the Captain of
the Port Mobile.
DATES: This rule is effective from 4 p.m.
until 10 p.m. on December 10, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0932 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 LT Fannie L. Wilks, Sector
Mobile, Waterways Management
Division, U.S. Coast Guard; telephone
251–441–5940, email Fannie.L.Wilks@
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
PATCOM Patrol Commander
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable. At this time,
it would be impracticable to complete
the full notice and comment process
because this special local regulation
must be established on December 10,
2016.
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 Mobile (COTP) has
determined that potential hazards
associated with the regatta event on
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Fmt 4700
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78507
December 10, 2016 will be a safety
concern for anyone within the area of
the Gulf Intracoastal Waterway between
mile marker 285.0 and mile marker
289.0. This rule is needed to protect
participants, spectators, and other
persons and vessels during the regatta
on navigable waters.
IV. Discussion of the Rule
This rule establishes a special local
regulation on December 10, 2016, which
will be enforced between the hours of 4
p.m. and 10 p.m. The special local
regulation takes place on the Gulf
Intracoastal Waterway between mile
marker 285.0 and mile marker 289.0,
extending the entire width of the
navigable channel. A similar special
local regulation is currently in the Code
of Federal Regulations under 33 CFR
100.801, Table 7, number 15 as
occurring ‘‘1 Day; Saturday following
Thanksgiving.’’ However, for the 2016
occurrence, the event sponsors changed
the date of the event to December 10,
2016. The duration of the regulation is
intended to protect participants,
spectators, and other persons and
vessels before, during, and after the
regatta. No vessel or person will be
permitted to enter, transit within or
through, or exit the regulated area
without obtaining permission from the
COTP or a designated representative.
Spectator vessels desiring to enter,
transit through or within, or exit the
regulated area may request permission
to do so from the Patrol Commander.
When permitted to transit the area
vessels must follow restrictions within
the regulated area as directed by the
Coast Guard, and must operate at a
minimum safe navigation speed in a
manner which will not endanger
participants in the regulated area or any
other vessels.
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 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
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08NOR1
78508
Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Rules and Regulations
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designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the regulation. The
special local regulation will take place
on a four-mile stretch of navigable
waterway, during a short duration of
four hours on the Gulf Intracoastal
Waterway from mile marker 285.0 to
289.0 on December 10, 2016, which is
a time of year experiencing lower than
normal traffic. Moreover, the Coast
Guard will issue Broadcast Notices to
Mariners via VHF–FM marine channel
16 about the regulation so that waterway
users may plan accordingly for transits
during this restriction. The rule also
allows vessels to seek permission from
the COTP Mobile or a designated
representative to enter the regulated
area.
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 (Public Law 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
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14:19 Nov 07, 2016
Jkt 241001
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
Management Directive 023–01 and
Commandant Instruction M16475.lD,
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Fmt 4700
Sfmt 4700
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 lasting for four
hours on the Gulf Intracoastal Waterway
between mile marker 285.0 and mile
marker 289.0. It is categorically
excluded from further review under
paragraph 34(h) of Figure 2–1 of the
Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
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 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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, and 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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T08–0932 to read as
follows:
■
§ 100.35T08–0932 Special Local
Regulation; Saint Andrew Bay; Panama
City, FL.
(a) Regulated area. All waters of the
Gulf Intracoastal Waterway between
mile marker 285.0 and mile marker
289.0, Panama City, FL.
(b) Period of enforcement. This rule
will be enforced from 4 p.m. until 10
p.m. on December 10, 2016.
(c) Special local regulations. (1) Entry
into, transit within or through, or exit
from this area is prohibited unless
authorized by the Captain of the Port
Mobile (COTP) or the designated Patrol
Commander. The Coast Guard will
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Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Rules and Regulations
patrol the regulated area under the
direction of a designated Coast Guard
Patrol Commander. The Patrol
Commander may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’.
(2) All persons and vessels not
registered with the sponsor as
participants or official patrol vessels are
considered spectators. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
and sponsor provided vessels assigned
or approved by the Captain of the Port
(COTP) Mobile to patrol the regulated
area.
(3) Spectator vessels desiring to
transit the regulated area may do so only
with prior approval of the Patrol
Commander and when so directed by
that officer will be operated at a
minimum safe navigation speed in a
manner which will not endanger
participants in the regulated area or any
other vessels.
(4) No spectator vessel shall anchor,
block, loiter, or impede the through
transit of participants or official patrol
vessels in the regulated area during the
effective dates and times, unless cleared
for entry by or through an official patrol
vessel.
(5) The patrol commander may forbid
and control the movement of all vessels
in the regulated area. When hailed or
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(6) Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel. Spectator vessels may be
moored to a waterfront facility within
the regulated area in such a way that
they shall not interfere with the progress
of the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the regulated area and
remain moored through the duration of
the event.
(7) The Patrol Commander may
terminate the event or the operation of
any vessel at any time it is deemed
necessary for the protection of life or
property.
(8) The Patrol Commander will
terminate enforcement of the special
local regulations at the conclusion of the
event.
(d) Informational broadcasts. The
COTP Mobile or a designated
representative will inform the public
through broadcast notices to mariners of
the enforcement period for the regulated
area as well as any changes in the date
and times of enforcement.
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14:19 Nov 07, 2016
Jkt 241001
Dated: October 14, 2016.
J.H. Snowden,
Captain, U.S. Coast Guard, Captain of the
Port Mobile.
[FR Doc. 2016–26961 Filed 11–7–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2016–0380; FRL–9953–87]
Fluxapyroxad; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of fluxapyroxad
in or on banana, coffee green bean,
mango, and papaya. BASF Corporation
requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), to ensure that residues on
these commodities when imported into
the United States would be in
compliance with the FFDCA.
DATES: This regulation is effective
November 8, 2016. Objections and
requests for hearings must be received
on or before January 9, 2017, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2016–0380, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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78509
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl. To access the OCSPP test
guidelines referenced in this document
electronically, please go to https://
www.epa.gov/ocspp and select ‘‘Test
Methods and Guidelines.’’
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2016–0380 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before January 9, 2017. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
E:\FR\FM\08NOR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)]
[Rules and Regulations]
[Pages 78507-78509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26961]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0932]
RIN 1625-AA08
Special Local Regulation; Saint Andrew Bay; Panama City, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation on Saint Andrew Bay extending the entire width of the
channel from mile marker 285.0 to mile marker 289.0 on the Gulf
Intracoastal Waterway in Panama City, FL. The special local regulation
is needed to protect the persons participating in the Boat Parade of
Lights marine event. This rulemaking restricts transit into, through
and within the regulated area unless specifically authorized by the
Captain of the Port Mobile.
DATES: This rule is effective from 4 p.m. until 10 p.m. on December 10,
2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0932 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 LT Fannie L. Wilks, Sector Mobile, Waterways Management
Division, U.S. Coast Guard; telephone 251-441-5940, email
Fannie.L.Wilks@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
PATCOM Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. At
this time, it would be impracticable to complete the full notice and
comment process because this special local regulation must be
established on December 10, 2016.
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 Mobile (COTP) has determined that
potential hazards associated with the regatta event on December 10,
2016 will be a safety concern for anyone within the area of the Gulf
Intracoastal Waterway between mile marker 285.0 and mile marker 289.0.
This rule is needed to protect participants, spectators, and other
persons and vessels during the regatta on navigable waters.
IV. Discussion of the Rule
This rule establishes a special local regulation on December 10,
2016, which will be enforced between the hours of 4 p.m. and 10 p.m.
The special local regulation takes place on the Gulf Intracoastal
Waterway between mile marker 285.0 and mile marker 289.0, extending the
entire width of the navigable channel. A similar special local
regulation is currently in the Code of Federal Regulations under 33 CFR
100.801, Table 7, number 15 as occurring ``1 Day; Saturday following
Thanksgiving.'' However, for the 2016 occurrence, the event sponsors
changed the date of the event to December 10, 2016. The duration of the
regulation is intended to protect participants, spectators, and other
persons and vessels before, during, and after the regatta. No vessel or
person will be permitted to enter, transit within or through, or exit
the regulated area without obtaining permission from the COTP or a
designated representative. Spectator vessels desiring to enter, transit
through or within, or exit the regulated area may request permission to
do so from the Patrol Commander. When permitted to transit the area
vessels must follow restrictions within the regulated area as directed
by the Coast Guard, and must operate at a minimum safe navigation speed
in a manner which will not endanger participants in the regulated area
or any other vessels.
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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been
[[Page 78508]]
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the regulation. The special
local regulation will take place on a four-mile stretch of navigable
waterway, during a short duration of four hours on the Gulf
Intracoastal Waterway from mile marker 285.0 to 289.0 on December 10,
2016, which is a time of year experiencing lower than normal traffic.
Moreover, the Coast Guard will issue Broadcast Notices to Mariners via
VHF-FM marine channel 16 about the regulation so that waterway users
may plan accordingly for transits during this restriction. The rule
also allows vessels to seek permission from the COTP Mobile or a
designated representative to enter the regulated area.
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 (Public Law 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
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969(42 U.S.C. 4321-4370f), and have 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 lasting for four hours on the
Gulf Intracoastal Waterway between mile marker 285.0 and mile marker
289.0. It is categorically excluded from further review under paragraph
34(h) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are 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 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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and 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 Sec. 100.35T08-0932 to read as follows:
Sec. 100.35T08-0932 Special Local Regulation; Saint Andrew Bay;
Panama City, FL.
(a) Regulated area. All waters of the Gulf Intracoastal Waterway
between mile marker 285.0 and mile marker 289.0, Panama City, FL.
(b) Period of enforcement. This rule will be enforced from 4 p.m.
until 10 p.m. on December 10, 2016.
(c) Special local regulations. (1) Entry into, transit within or
through, or exit from this area is prohibited unless authorized by the
Captain of the Port Mobile (COTP) or the designated Patrol Commander.
The Coast Guard will
[[Page 78509]]
patrol the regulated area under the direction of a designated Coast
Guard Patrol Commander. The Patrol Commander may be contacted on
Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
(2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the Captain of the Port (COTP) Mobile to patrol the regulated area.
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer will be operated at a minimum safe navigation
speed in a manner which will not endanger participants in the regulated
area or any other vessels.
(4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
(5) The patrol commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
(6) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
(7) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
(8) The Patrol Commander will terminate enforcement of the special
local regulations at the conclusion of the event.
(d) Informational broadcasts. The COTP Mobile or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the regulated area as well as
any changes in the date and times of enforcement.
Dated: October 14, 2016.
J.H. Snowden,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2016-26961 Filed 11-7-16; 8:45 am]
BILLING CODE 9110-04-P
