Special Local Regulation, Islamorada Grand Prix of the Seas, Islamorada, FL, 38823-38825 [2017-17238]
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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations
decommissioning of the Vivian NDB,
and cancellation of the NDB approach.
The VOR approach was previously
redesigned to use the Vivian NDB when
the Shreveport VORTAC was changed to
the Belcher VORTAC, but was never
noted in the airspace description. This
action enhances the safety and
management of the standard instrument
approach procedures for IFR operations
at the airport.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting
Points, dated August 3, 2016, and
effective September 15, 2016, is
amended as follows:
*
*
*
*
*
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
ASW LA E5 Vivian, LA [Amended]
Vivian Airport, LA
(Lat. 32°51′41″ N., long. 94°00′37″ W.)
That airspace extending upward from 700
feet above the surface within a 6.3-mile
radius of Vivian Airport.
Issued in Fort Worth, Texas on August 9,
2017.
Walter Tweedy,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2017–17254 Filed 8–15–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Environmental Review
33 CFR Part 100
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5.a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
[Docket Number USCG–2017–0556]
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
pmangrum on DSK3GDR082PROD with RULES
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
VerDate Sep<11>2014
14:37 Aug 15, 2017
Jkt 241001
RIN 1625–AA08
Special Local Regulation, Islamorada
Grand Prix of the Seas, Islamorada, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation on
the waters of the Atlantic Ocean in the
vicinity of Islamorada, FL during the
Islamorada Grand Prix of the Seas highspeed boat race. Approximately 70 highspeed boats and personal watercraft are
expected to participate in the race, in
addition to spectators. The special local
regulation is necessary to ensure the
safety of race participants, participant
vessels, spectators, and the general
public on navigable waters of the United
States during the event. The special
local regulation will establish two
regulated areas: a race area and buffer
zone; and a spectator area. This special
local regulation prohibits nonparticipant persons and vessels from
entering, transiting through, anchoring
in, or remaining within the race area or
SUMMARY:
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38823
buffer zone and prohibits vessels from
transiting in excess of wake speed
within the spectator area unless
authorized by the Captain of the Port
Key West or a designated representative.
DATES: This rule is effective from daily
from 8 a.m. to 5 p.m. on August 19,
2017 through August 20, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0556 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 Lieutenant Scott Ledee,
Waterways Management Division Chief,
Sector Key West, FL, U.S. Coast Guard;
telephone (305) 292–8768, email
SKWWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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
insufficient time remains to publish an
NPRM and to receive public comments,
as the Islamorada Grand Prix event will
occur before the rulemaking process
would be completed. Because of the
dangers associated with high-speed
races in the marine environment, the
special local regulation is necessary to
provide for the safety of event
participants, spectators, the general
public, and vessels transiting the event
area. For those reasons, it would be
impracticable to publish an NPRM.
For the reason discussed above, under
5 U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making this
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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations
A. Regulatory Planning and Review
rule effective less than 30 days after
publication in the Federal Register.
III. Legal Authority and Need for Rule
The legal basis for this rule is the
Coast Guard’s authority to establish
special local regulations is 33 U.S.C.
1233. The purpose of the rule is to
ensure safety of life on the navigable
waters of the United States during the
Islamorada Grand Prix of the Seas highspeed race event.
IV. Discussion of the Rule
This rule establishes a special local
regulation that will encompass certain
waters in the vicinity of Islamorada,
Florida, during the Islamorada Grand
Prix of the Seas high-speed boat race.
The special local regulation will be
enforced daily from 8 a.m. to 5 p.m. on
August 19, 2017 through August 20,
2017. The special local regulation will
establish the following regulated areas:
(1) A race area and buffer zone; and (2)
a spectator area. Within the race area
and buffer zone, non-participant
persons and vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area without obtaining permission from
the COTP Key West or a designated
representative. Within the spectator
area, all persons and vessels are
prohibited from traveling in excess of
wake speed without obtaining
permission from the COTP Key West or
a designated representative.
Persons and vessels may request
authorization to enter, transit through,
anchor in, remain within, or transit in
excess of wake speed within the
regulated area by contacting the COTP
Key West by telephone at ((305) 292–
8772 or a designated representative via
VHF radio on channel 16. If
authorization is granted by the COTP
Key West or a designated representative,
all persons and vessels receiving such
authorization must comply with the
instructions of the COTP Key West or a
designated representative. 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.
pmangrum on DSK3GDR082PROD with RULES
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.
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14:37 Aug 15, 2017
Jkt 241001
B. Impact on Small Entities
Executive Orders 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). Executive Order 13563
emphasizes the importance of
quantifying costs and benefits, reducing
costs, harmonizing rules, and 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, OMB has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See the OMB
Memorandum titled ‘‘Interim Guidance
Implementing Section 2 of the Executive
Order of January 30, 2017 titled
‘Reducing Regulation and Controlling
Regulatory Costs’’’ (February 2, 2017).
The economic impact of this rule is
not significant for the following reasons:
(1) The special local regulation will be
enforced for only nine hours daily, from
August 19, 2017 through August 20,
2017; (2) although persons and vessels
may not enter, transit through, anchor
in, or remain within the race area or
buffer zone without authorization from
the COTP Key West or a designated
representative, vessel traffic will be able
to safely transit around the regulated
areas; (3) persons and vessels would
still be able to enter, transit through,
anchor in, or remain within the race
area and buffer zone or transit in excess
of wake speed in the spectator zone if
authorized by the COTP Key West or a
designated representative; and (4) the
Coast Guard will provide advance
notice of the special local regulation to
the local maritime community by Local
Notice to Mariners, Broadcast Notice to
Mariners, or by on-scene designated
representatives.
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
areas 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.
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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
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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations
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.
pmangrum on DSK3GDR082PROD with RULES
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 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 that will
prohibit non-participant persons and
vessels from entering, transiting
through, anchoring in, or remaining
within a limited race area and will also
prohibit persons and vessels from
transiting at more than wake speed
within a limited spectator area during a
two day race event lasting nine hours
daily. This rule is categorically
excluded from further review under
paragraph 34(h) of Figure 2–1 of the
Commandant Instruction. A Record of
Environmental Consideration (REC)
supporting this determination is
available in the docket where indicated
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14:37 Aug 15, 2017
Jkt 241001
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 a temporary § 100.T07–0556 to
read as follows:
■
§ 100.T07–0556 Special Local Regulations;
Islamorada Grand Prix of the Seas;
Islamorada, FL
(a) Location. The following regulated
areas are established as a special local
regulation. All coordinates are North
American Datum 1983.
(1) Race Area and Buffer Zone. All
waters in the vicinity of Islamorada, FL
encompassed within an imaginary line
connecting the following points:
Starting at Point 1 in position 24°56.300′
N., 080°34.750′ W.; thence west to Point
2 in position 24°55.750′ N., 080°35.570′
W.; thence south to Point 3 in position
24°55.153′ N., 080°35.306′ W.; thence
east to Point 4 in position 24°55.643′ N.,
080°34.464′ W.; thence north back to the
point of origin in position 24°56.300′ N.,
080°34.750′ W.
(2) Spectator Area. All waters in the
vicinity of Islamorada excluding the
regulated area, encompassed within an
imaginary line connecting the following
points: Starting at Point 1 in position
24°56.17′ N., 080°35.08′ W.; thence west
to Point 2 in position 24°56.02′ N.,
080°35.30′ W.; thence south to Point 3
in position 24°55.96′ N., 080°35.26′ W.;
thence east to Point 4 in position
24°56.11′ N., 080°35.04′ W.; thence
north back to the point of origin in
position 24°56.17′ N., 080°35.08′ W.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
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38825
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, State, and local
officers designated by or assisting the
Captain of the Port Key West in the
enforcement of the regulated areas.
(c) Regulations. (1) All nonparticipant persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the race area and buffer zone
unless authorized by the Captain of the
Port Key West or a designated
representative.
(2) All persons and vessels are
prohibited from transiting in excess of
wake speed in the spectator area, unless
authorized by the Captain of the Port
Key West or a designated representative.
(3) Persons and vessels desiring to
enter, transit through, anchor in, remain
within or transit in excess of wake
speed within any of the regulated areas
may contact the Captain of the Port Key
West by telephone at (305) 292–8772, or
a designated representative via VHF–FM
radio on channel 16 to request
authorization. If authorization is
granted, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Key West 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 daily from 8 a.m. to 5 p.m.
on August 19, 2017 through August 20,
2017.
Dated: August 10, 2017.
J.A. Janszen,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2017–17238 Filed 8–15–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0388; FRL–9966–22–
Region 4]
Air Plan Approval; SC: Standards for
Volatile Organic Compounds and
Oxides of Nitrogen
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve changes to the South
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Rules and Regulations]
[Pages 38823-38825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17238]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0556]
RIN 1625-AA08
Special Local Regulation, Islamorada Grand Prix of the Seas,
Islamorada, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Atlantic Ocean in the vicinity of Islamorada, FL
during the Islamorada Grand Prix of the Seas high-speed boat race.
Approximately 70 high-speed boats and personal watercraft are expected
to participate in the race, in addition to spectators. The special
local regulation is necessary to ensure the safety of race
participants, participant vessels, spectators, and the general public
on navigable waters of the United States during the event. The special
local regulation will establish two regulated areas: a race area and
buffer zone; and a spectator area. This special local regulation
prohibits non-participant persons and vessels from entering, transiting
through, anchoring in, or remaining within the race area or buffer zone
and prohibits vessels from transiting in excess of wake speed within
the spectator area unless authorized by the Captain of the Port Key
West or a designated representative.
DATES: This rule is effective from daily from 8 a.m. to 5 p.m. on
August 19, 2017 through August 20, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0556 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 Lieutenant Scott Ledee, Waterways Management Division
Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305) 292-8768,
email SKWWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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
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 insufficient time remains to publish
an NPRM and to receive public comments, as the Islamorada Grand Prix
event will occur before the rulemaking process would be completed.
Because of the dangers associated with high-speed races in the marine
environment, the special local regulation is necessary to provide for
the safety of event participants, spectators, the general public, and
vessels transiting the event area. For those reasons, it would be
impracticable to publish an NPRM.
For the reason discussed above, under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making this
[[Page 38824]]
rule effective less than 30 days after publication in the Federal
Register.
III. Legal Authority and Need for Rule
The legal basis for this rule is the Coast Guard's authority to
establish special local regulations is 33 U.S.C. 1233. The purpose of
the rule is to ensure safety of life on the navigable waters of the
United States during the Islamorada Grand Prix of the Seas high-speed
race event.
IV. Discussion of the Rule
This rule establishes a special local regulation that will
encompass certain waters in the vicinity of Islamorada, Florida, during
the Islamorada Grand Prix of the Seas high-speed boat race. The special
local regulation will be enforced daily from 8 a.m. to 5 p.m. on August
19, 2017 through August 20, 2017. The special local regulation will
establish the following regulated areas: (1) A race area and buffer
zone; and (2) a spectator area. Within the race area and buffer zone,
non-participant persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
area without obtaining permission from the COTP Key West or a
designated representative. Within the spectator area, all persons and
vessels are prohibited from traveling in excess of wake speed without
obtaining permission from the COTP Key West or a designated
representative.
Persons and vessels may request authorization to enter, transit
through, anchor in, remain within, or transit in excess of wake speed
within the regulated area by contacting the COTP Key West by telephone
at ((305) 292-8772 or a designated representative via VHF radio on
channel 16. If authorization is granted by the COTP Key West or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP Key West or
a designated representative. 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.
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 (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). Executive
Order 13563 emphasizes the importance of quantifying costs and
benefits, reducing costs, harmonizing rules, and 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, OMB has not reviewed it. As this rule is not
a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See the OMB Memorandum titled
``Interim Guidance Implementing Section 2 of the Executive Order of
January 30, 2017 titled `Reducing Regulation and Controlling Regulatory
Costs''' (February 2, 2017).
The economic impact of this rule is not significant for the
following reasons: (1) The special local regulation will be enforced
for only nine hours daily, from August 19, 2017 through August 20,
2017; (2) although persons and vessels may not enter, transit through,
anchor in, or remain within the race area or buffer zone without
authorization from the COTP Key West or a designated representative,
vessel traffic will be able to safely transit around the regulated
areas; (3) persons and vessels would still be able to enter, transit
through, anchor in, or remain within the race area and buffer zone or
transit in excess of wake speed in the spectator zone if authorized by
the COTP Key West or a designated representative; and (4) the Coast
Guard will provide advance notice of the special local regulation to
the local maritime community by Local Notice to Mariners, Broadcast
Notice to Mariners, or by on-scene designated representatives.
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 areas 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
[[Page 38825]]
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 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 that will prohibit non-
participant persons and vessels from entering, transiting through,
anchoring in, or remaining within a limited race area and will also
prohibit persons and vessels from transiting at more than wake speed
within a limited spectator area during a two day race event lasting
nine hours daily. This rule is categorically excluded from further
review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. 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 a temporary Sec. 100.T07-0556 to read as follows:
Sec. 100.T07-0556 Special Local Regulations; Islamorada Grand Prix of
the Seas; Islamorada, FL
(a) Location. The following regulated areas are established as a
special local regulation. All coordinates are North American Datum
1983.
(1) Race Area and Buffer Zone. All waters in the vicinity of
Islamorada, FL encompassed within an imaginary line connecting the
following points: Starting at Point 1 in position 24[deg]56.300' N.,
080[deg]34.750' W.; thence west to Point 2 in position 24[deg]55.750'
N., 080[deg]35.570' W.; thence south to Point 3 in position
24[deg]55.153' N., 080[deg]35.306' W.; thence east to Point 4 in
position 24[deg]55.643' N., 080[deg]34.464' W.; thence north back to
the point of origin in position 24[deg]56.300' N., 080[deg]34.750' W.
(2) Spectator Area. All waters in the vicinity of Islamorada
excluding the regulated area, encompassed within an imaginary line
connecting the following points: Starting at Point 1 in position
24[deg]56.17' N., 080[deg]35.08' W.; thence west to Point 2 in position
24[deg]56.02' N., 080[deg]35.30' W.; thence south to Point 3 in
position 24[deg]55.96' N., 080[deg]35.26' W.; thence east to Point 4 in
position 24[deg]56.11' N., 080[deg]35.04' W.; thence north back to the
point of origin in position 24[deg]56.17' N., 080[deg]35.08' W.
(b) Definition. 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
Captain of the Port Key West 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 and buffer zone unless authorized by the
Captain of the Port Key West or a designated representative.
(2) All persons and vessels are prohibited from transiting in
excess of wake speed in the spectator area, unless authorized by the
Captain of the Port Key West or a designated representative.
(3) Persons and vessels desiring to enter, transit through, anchor
in, remain within or transit in excess of wake speed within any of the
regulated areas may contact the Captain of the Port Key West by
telephone at (305) 292-8772, or a designated representative via VHF-FM
radio on channel 16 to request authorization. If authorization is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the Captain of the Port Key West 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 daily from 8
a.m. to 5 p.m. on August 19, 2017 through August 20, 2017.
Dated: August 10, 2017.
J.A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2017-17238 Filed 8-15-17; 8:45 am]
BILLING CODE 9110-04-P
