Special Local Regulation; Zimovia Strait, Wrangell, AK, 28770-28772 [2017-13208]
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28770
Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Rules and Regulations
time to time, the authority to disclose to
an official of any registered entity, swap
execution facility, swap data repository,
registered futures association, or selfregulatory organization as defined in
section 3(a)(26) of the Securities
Exchange Act of 1934, any information
necessary or appropriate to effectuate
the purposes of the Act, including, but
not limited to, the full facts concerning
any transaction or market operation,
including the names of the parties
thereto. This authority to disclose shall
be based on a determination that the
transaction or market operation disrupts
or tends to disrupt any market or is
otherwise harmful or against the best
interests of producers, consumers, or
investors or that disclosure is necessary
or appropriate to effectuate the purposes
of the Act.
*
*
*
*
*
■ 23. In § 140.73, revise paragraph (a)
introductory text to read as follows:
§ 140.73 Delegation of authority to
disclose information to United States,
States, and foreign government agencies
and foreign futures authorities.
(a) Pursuant to sections 2(a)(11), 8a(5)
and 8(e) of the Act, the Commission
hereby delegates, until such time as the
Commission orders otherwise, to the
General Counsel, the Director of the
Division of Enforcement, the Director of
the Division of Market Oversight, the
Director of the Division of Swap Dealer
and Intermediary Oversight, the Director
of the Division of Clearing and Risk, the
Chief Economist of the Office of the
Chief Economist, the Director of the
Office of International Affairs, or such
other employee or employees as the
General Counsel, Chief Economist or
Directors listed in this section each may
designate from time to time the
authority to furnish information in the
possession of the Commission obtained
in connection with the administration of
the Act, upon written request, to:
*
*
*
*
*
■ 24. Revise § 140.74 to read as follows:
sradovich on DSK3GMQ082PROD with RULES
§ 140.74 Delegation of authority to issue
special calls for Series 03 Reports.
(a) The Commodity Futures Trading
Commission hereby delegates, until
such time as the Commission orders
otherwise, to the Director of the
Division of Enforcement, or such other
employee or employees as the Director
may designate from time to time, the
authority to issue special calls for series
03 reports under § 18.00 of this chapter.
(b) The Director of the Division of
Enforcement may submit any matter
which has been delegated to the
Director under this section to the
Commission for its consideration.
VerDate Sep<11>2014
16:07 Jun 23, 2017
Jkt 241001
(c) Nothing in this section may
prohibit the Commission, at its election,
from exercising the authority delegated
to the Director of the Division of
Enforcement under paragraph (a) of this
section.
■ 25. Revise § 140.97 to read as follows:
§ 140.97 Delegation of authority regarding
requests for classification of positions as
bona fide hedging.
(a) The Commodity Futures Trading
Commission hereby delegates, until
such time as the Commission orders
otherwise, to the Director of the
Division of Enforcement, or such other
employee or employees as the Director
may designate from time to time, all
functions reserved to the Commission in
§§ 1.47 and 1.48 of this chapter.
(b) The Director of the Division of
Enforcement may submit any matter
which has been delegated to the
Director under paragraph (a) of this
section to the Commission for its
consideration.
(c) Nothing in this section may
prohibit the Commission, at its election,
from exercising the authority delegated
to the Director of the Division of
Enforcement under paragraph (a) of this
section.
PART 150—LIMITS ON POSITIONS
26. The authority citation for part 150
is revised to read as follows:
■
Authority: 7 U.S.C. 6a, 6c, and 12a(5).
27. In § 150.3, revise paragraph (b) to
read as follows:
■
§ 150.3
Exemptions.
*
*
*
*
*
(b) Call for information. Upon call by
the Commission or the Director of the
Division of Enforcement, or such other
employee or employees as the Director
may designate from time to time, any
person claiming an exemption from
speculative position limits under this
section must provide to the Commission
or the Division of Enforcement such
information as specified in the call
relating to the positions owned or
controlled by that person; trading done
pursuant to the claimed exemption; the
futures, options or cash market
positions which support the claim of
exemption; and the relevant business
relationships supporting a claim of
exemption.
■ 28. In § 150.4, revise paragraph (e) to
read as follows:
§ 150.4
Aggregation of positions.
*
*
*
*
*
(e) Delegation of authority. (1) The
Commission hereby delegates, until it
orders otherwise, to the Director of the
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Sfmt 4700
Division of Enforcement, or such other
employee or employees as the Director
may designate from time to time, the
authority:
(i) In paragraph (b)(8)(iv) of this
section to call for additional information
from a person claiming the exemption
in paragraph (b)(8) of this section.
(ii) In paragraph (c)(3) of this section
to call for additional information from a
person claiming an aggregation
exemption under this section.
(2) The Commission hereby delegates,
until it orders otherwise, to the Director
of the Office of Data and Technology,
with the concurrence of the Director of
the Division of Enforcement, or such
other employee or employees as the
Directors each may designate from time
to time, the authority in paragraph (d)
of this section to provide instructions or
determine the format, coding structure,
and electronic data transmission
procedures for submitting data records
and any other information required
under this part.
(3) The Directors of the Division of
Enforcement and the Office of Data and
Technology may submit to the
Commission for its consideration any
matter which has been delegated in this
section.
(4) Nothing in this section prohibits
the Commission, at its election, from
exercising the authority delegated in
this section.
Issued in Washington, DC, on June 20,
2017, by the Commission.
Christopher J. Kirkpatrick,
Secretary of the Commission.
Note: The following appendix will not
appear in the Code of Federal Regulations.
Appendix to Commission Delegated
Authority Provisions and Technical
Amendments—Commission Voting
Summary
On this matter, Acting Chairman Giancarlo
and Commissioner Bowen voted in the
affirmative. No Commissioner voted in the
negative.
[FR Doc. 2017–13243 Filed 6–23–17; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2017–0223]
RIN 1625–AA08
Special Local Regulation; Zimovia
Strait, Wrangell, AK
AGENCY:
E:\FR\FM\26JNR1.SGM
Coast Guard, DHS.
26JNR1
Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Rules and Regulations
ACTION:
Temporary final rule.
The Coast Guard proposes to
establish a temporary special local
regulation to enable vessel movement
restrictions for certain waters of the
Zimovia Strait. This action is necessary
to provide for the safety of life on these
navigable waters near Wrangell Harbor
during power boat races on July 4, 2017.
This regulation would prohibit persons
and vessels from transiting through,
mooring, or anchoring within the
specified race area unless authorized by
the Captain of the Port Southeast Alaska
or a designated representative.
DATES: This rule is effective from 3 p.m.
on July 4, 2017 through 7 p.m. on July
4, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0223 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 about this rule, call
or email LT Kristi Sloane, Sector
Juneau, Waterways Management
Division, Coast Guard: telephone 907–
463–2846, email D17-SMB-SectorJuneau-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
sradovich on DSK3GMQ082PROD with RULES
CFR Code of Federal Regulations
§ Section
U.S.C. United States Code
COTP Captain of the Port
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 it
would be impracticable. The Wrangell
Chamber of Commerce will be
conducting power boat races from 3
p.m. to 7 p.m. on July 4, 2017 for the
Wrangell 4th of July Celebration. The
boat races will be taking place
approximately 100 yards off of the city
dock in Wrangell, AK. The event
organizers did not finalize the location
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Jkt 241001
of the power boat races in sufficient
time for the Coast Guard to solicit
public comments.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register.
Delaying the effective date of this rule
would be impracticable for the reasons
described above.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
Commander, Seventeenth District has
determined that potential risks of
collision, allision, and wake damage
associated with power boat racing will
be a safety concern for any vessels
(other than the participants) entering the
race course. Boat races typically result
in vessel and spectator congestion in the
proximity of the race course. Vessel
movement restrictions are necessary to
ensure spectators remain an adequate
distance from the specified race area
thereby providing unencumbered access
for emergency response craft in the
event of a race-related emergency. This
rule establishes a specified race area and
ensurse the safety of this marine event
by prohibiting persons and vessel
operators from entering, transiting or
remaining within the designated race
zone during times of enforcement.
IV. Discussion of the Rule
This rule establishes a special local
regulation to restrict vessel movement
within the race area from 3 p.m. to 7
p.m. on July 4, 2017 to include Wrangell
Harbor entrance and an area extending
north along the shoreline approximately
600 yards. No vessel or person would be
permitted to enter the special local
regulation without obtaining permission
from 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
E.O.s 12866 (‘‘Regulatory Planning
and Review’’) and 13563 (‘‘Improving
Regulation and Regulatory Review’’)
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
including potential economic,
PO 00000
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28771
environmental, public health and safety
effects, distributive impacts, and equity.
E.O.13563 emphasizes the importance
of quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 13771 (‘‘Reducing Regulation and
Controlling Regulatory Costs’’), directs
agencies to reduce regulation and
control regulatory costs and provides
that ‘‘for every one new regulation
issued, at least two prior regulations be
identified for elimination, and that the
cost of planned regulations be prudently
managed and controlled through a
budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, the Office of Management
and Budget (OMB) has not reviewed it.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the special local
regulation. Vessel traffic would be able
to safely transit around the proposed
race area which would impact a small
designated area in Wrangell Harbor for
4 hours. Moreover, the Coast Guard
would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the race area, and the rule
would allow vessels to seek permission
to enter the race 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 would not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the race area
may be small entities, for the reasons
stated in section V.A above this rule
would 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
E:\FR\FM\26JNR1.SGM
26JNR1
28772
Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Rules and Regulations
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 would not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
sradovich on DSK3GMQ082PROD with RULES
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
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
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16:07 Jun 23, 2017
Jkt 241001
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 proposed 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
implementation of a special local
regulation lasting 4 hours that would
prohibit entry within 100 yards of the
event area. It is categorically excluded
from further review under paragraph
34(h) of Figure 2–1 of Commandant
Instruction M16475.lD. A Record of
Environmental Consideration (REC)
supporting this determination is
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this 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, 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 § 100.35T17–0223 to read as
follows:
■
§ 100.35T17–0223 Special Local
Regulation; Wrangell 4th of July
Celebration Boat Races, Wrangell, AK.
(a) Regulated area. The following area
is specified as a race area: All waters of
Zimovia Straits, Wrangell, AK North of
Wrangell Harbor entrance connecting
the following points: 56°28.055 N.,
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Frm 00024
Fmt 4700
Sfmt 4700
132°23.154 W., and 56°28.077 N.,
132°23.074 W., until reaching the
northwestern most end of Wrangell City
pier at a line connecting the following
points: 56°28.299 N., 132°23.454 W.,
and 56°28.276 N., 132°23.495 W.
(b) Regulations. In accordance with
the general regulations in 33 CFR part
100, the regulated area shall be closed
immediately prior to, during and
immediately after the event to all
persons and vessels not participating in
the event and authorized by the event
sponsor.
(c) Authorization. All persons or
vessels who desire to enter the
designated race area created in this
section while it is enforced must obtain
permission from the on-scene patrol
craft on VHF Ch 9.
(d) Enforcement period. This section
will be enforced from 3 p.m. to 7 p.m.
on July 4, 2017.
Dated: June 15, 2017.
M.F. McAllister,
Commander, RADM, U.S. Coast Guard,
Seventeenth Coast Guard District.
[FR Doc. 2017–13208 Filed 6–23–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0523]
Drawbridge Operation Regulation;
Long Creek, Hempstead, NY
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Loop Parkway
Bridge across Long Creek, mile 0.7, at
Hempstead, New York. This action is
necessary in order to facilitate an annual
fireworks display. The deviation allows
the bridge to remain in the closed
position for approximately two and one
half hours.
DATES: This deviation is effective from
9:30 p.m. on July 8, 2017 to 11:59 p.m.
on July 9, 2017.
ADDRESSES: The docket for this
deviation, USCG–2017–0523 is available
at https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH’’. Click on Open
Docket Folder on the line associated
with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
SUMMARY:
E:\FR\FM\26JNR1.SGM
26JNR1
]]>Agencies
[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Rules and Regulations]
[Pages 28770-28772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13208]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0223]
RIN 1625-AA08
Special Local Regulation; Zimovia Strait, Wrangell, AK
AGENCY: Coast Guard, DHS.
[[Page 28771]]
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary special
local regulation to enable vessel movement restrictions for certain
waters of the Zimovia Strait. This action is necessary to provide for
the safety of life on these navigable waters near Wrangell Harbor
during power boat races on July 4, 2017. This regulation would prohibit
persons and vessels from transiting through, mooring, or anchoring
within the specified race area unless authorized by the Captain of the
Port Southeast Alaska or a designated representative.
DATES: This rule is effective from 3 p.m. on July 4, 2017 through 7
p.m. on July 4, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0223 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 about this rule,
call or email LT Kristi Sloane, Sector Juneau, Waterways Management
Division, Coast Guard: telephone 907-463-2846, email D17-SMB-Sector-Juneau-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
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 it would be impracticable. The
Wrangell Chamber of Commerce will be conducting power boat races from 3
p.m. to 7 p.m. on July 4, 2017 for the Wrangell 4th of July
Celebration. The boat races will be taking place approximately 100
yards off of the city dock in Wrangell, AK. The event organizers did
not finalize the location of the power boat races in sufficient time
for the Coast Guard to solicit public comments.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be impracticable for the reasons described
above.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Commander, Seventeenth District has determined that potential
risks of collision, allision, and wake damage associated with power
boat racing will be a safety concern for any vessels (other than the
participants) entering the race course. Boat races typically result in
vessel and spectator congestion in the proximity of the race course.
Vessel movement restrictions are necessary to ensure spectators remain
an adequate distance from the specified race area thereby providing
unencumbered access for emergency response craft in the event of a
race-related emergency. This rule establishes a specified race area and
ensurse the safety of this marine event by prohibiting persons and
vessel operators from entering, transiting or remaining within the
designated race zone during times of enforcement.
IV. Discussion of the Rule
This rule establishes a special local regulation to restrict vessel
movement within the race area from 3 p.m. to 7 p.m. on July 4, 2017 to
include Wrangell Harbor entrance and an area extending north along the
shoreline approximately 600 yards. No vessel or person would be
permitted to enter the special local regulation without obtaining
permission from 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
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O.13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Vessel traffic would be able to safely transit around the proposed race
area which would impact a small designated area in Wrangell Harbor for
4 hours. Moreover, the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the race area, and the rule
would allow vessels to seek permission to enter the race 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
would not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
race area may be small entities, for the reasons stated in section V.A
above this rule would 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
[[Page 28772]]
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 would not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this 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 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 proposed 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 implementation of a special local
regulation lasting 4 hours that would prohibit entry within 100 yards
of the event area. It is categorically excluded from further review
under paragraph 34(h) of Figure 2-1 of Commandant Instruction
M16475.lD. A Record of Environmental Consideration (REC) supporting
this determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this 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, 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. 100.35T17-0223 to read as follows:
Sec. 100.35T17-0223 Special Local Regulation; Wrangell 4th of July
Celebration Boat Races, Wrangell, AK.
(a) Regulated area. The following area is specified as a race area:
All waters of Zimovia Straits, Wrangell, AK North of Wrangell Harbor
entrance connecting the following points: 56[deg]28.055 N.,
132[deg]23.154 W., and 56[deg]28.077 N., 132[deg]23.074 W., until
reaching the northwestern most end of Wrangell City pier at a line
connecting the following points: 56[deg]28.299 N., 132[deg]23.454 W.,
and 56[deg]28.276 N., 132[deg]23.495 W.
(b) Regulations. In accordance with the general regulations in 33
CFR part 100, the regulated area shall be closed immediately prior to,
during and immediately after the event to all persons and vessels not
participating in the event and authorized by the event sponsor.
(c) Authorization. All persons or vessels who desire to enter the
designated race area created in this section while it is enforced must
obtain permission from the on-scene patrol craft on VHF Ch 9.
(d) Enforcement period. This section will be enforced from 3 p.m.
to 7 p.m. on July 4, 2017.
Dated: June 15, 2017.
M.F. McAllister,
Commander, RADM, U.S. Coast Guard, Seventeenth Coast Guard District.
[FR Doc. 2017-13208 Filed 6-23-17; 8:45 am]
BILLING CODE 9110-04-P
