Special Local Regulation; Gulf of Mexico; Englewood, FL, 44751-44753 [2017-20534]
Download as PDF
Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules
DEPARTMENT OF HOMELAND
SECURITY
§ Section
U.S.C. United States Code
COTP Captain of the Port
Coast Guard
II. Background Information and
Regulatory History
The Coast Guard proposes to establish
a special local regulation on the waters
of the Gulf of Mexico in the vicinity of
Englewood, Florida during the OPA
World Championships High Speed Boat
Race. The race normally occurs
annually from 9 a.m. to 5 p.m. on the
third weekend of November (Friday,
Saturday, and Sunday). Approximately
60 boats, ranging in length from 22 feet
to 50 feet, traveling at speeds in excess
of 77 miles per hour are expected to
participate. Additionally, it is
anticipated that 100 spectator vessels
will be present along the race course.
This proposed rulemaking is
necessary to provide for the safety of
race participants, participant vessels,
spectators, and the general public on
these navigable waters of the United
States during the OPA World
Championships. The Coast Guard
proposes this rulemaking under
authority in 33 U.S.C. 1233.
33 CFR Part 100
[Docket Number USCG–2017–0598]
RIN 1625–AA08
Special Local Regulation; Gulf of
Mexico; Englewood, FL
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
establish special local regulation on the
waters of the Gulf of Mexico in the
vicinity of Englewood, Florida during
the OPA World Championships High
Speed Boat Race, an annually recurring
event in the month of November. The
special local regulation is necessary to
protect 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
the following three areas: A race area
where all persons and vessels, except
those persons and vessels participating
in the high speed boat races, are
prohibited from entering, transiting
through, anchoring in, or remaining
within; a spectator area where all
vessels must be anchored or operate at
No Wake Speed; and an enforcement
area where designated representatives
may control vessel traffic as determined
by the prevailing conditions.
DATES: Comments and related material
must be received by the Coast Guard on
or before October 26, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0598 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Marine Science Technician First
Class Michael D. Shackleford, Sector St.
Petersburg Prevention Department,
Coast Guard; telephone (813) 228–2191,
email Michael.d.shackleford@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
VerDate Sep<11>2014
15:06 Sep 25, 2017
Jkt 241001
regulations by Local Notice to Mariners
and/or Broadcast Notice to Mariners.
III. Discussion of Proposed Rule
This proposed rulemaking would
establish a special local regulation that
will encompass certain waters of the
Gulf of Mexico in Englewood, Florida.
The special local regulation will be
enforced daily from 9:00 a.m. until 5:00
p.m. during the race event. The special
local regulation will establish the
following three areas: (1) A race area
where all persons and vessels, except
those persons and vessels participating
in the high speed boat races, are
prohibited from entering, transiting
through, anchoring in, or remaining
within; (2) a spectator area where all
vessels must be anchored or operate at
No Wake Speed; and (3) an enforcement
area where designated representatives
may control vessel traffic as determined
by the prevailing conditions.
Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated area by contacting the Captain
of the Port (COTP) St. Petersburg by
telephone at (727) 824–7506, or a
designated representative via VHF radio
on channel 16. If authorization to enter,
transit through, anchor in, or remain
within the regulated area is granted by
the COTP St. Petersburg or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP St. Petersburg or a designated
representative. The Coast Guard will
provide notice of the special local
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
44751
IV. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
The economic impact of this rule is
not significant for the following reasons:
(1) The special local regulation will be
enforced for only eight hours on three
days; (2) although persons and vessels
may not enter, transit through, anchor
in, or remain within the regulated area
without authorization from the COTP
St. Petersburg or a designated
representative, they may operate in the
surrounding area during the
enforcement period; (3) persons and
vessels may still enter, transit through,
anchor in, or remain within the
regulated area or anchor in the spectator
area, during the enforcement period if
authorized by the COTP St. Petersburg
or a designated representative; and (4)
the Coast Guard will provide advance
notification of the special local
regulation to the local maritime
community by Local Notice to Mariners
and/or Broadcast Notice to Mariners.
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
E:\FR\FM\26SEP1.SGM
26SEP1
44752
Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to enter, transit
through, anchor in, or remain within
that portion of the Gulf of Mexico
encompassed within the special local
regulation may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This 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 would not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
VerDate Sep<11>2014
15:06 Sep 25, 2017
Jkt 241001
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
would not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security 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 made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves a special local regulation
issued in conjunction with a regatta or
marine parade. Normally such actions
are categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of Commandant Instruction
M16475.lD. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comments can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
Web site’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard 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 Special Local Regulation
§ 100.735 to read as follows:
■
§ 100.735 Special Local Regulation;
Annual OPA World Championships, Gulf of
Mexico; Englewood Beach, FL.
(a) Regulated Areas. The following
regulated areas are established as
special local regulations. All
coordinates are North American Datum
1983.
(1) Race Area. All waters of the Gulf
of Mexico contained within the
following points: 26°56′00″ N.,
082°21′11″ W., thence to position
26°55′59″ N., 082°22′16″ W., thence to
position 26°54′22″ N., 082°21′20″ W.,
thence to position 26°54′24″ N.,
082°21′16″ W., thence to position
26°54′25″ N., 082°21′17″ W., thence
E:\FR\FM\26SEP1.SGM
26SEP1
Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules
back to the original position, 26°56′00″
N., 082°21′11″ W.
(2) Spectator Area. All waters of the
Gulf of Mexico contained with the
following points: 26°55′33″ N.,
082°22′21″ W., thence to position
26°54′14″ N., 082°21′35″ W., thence to
position 26°54′11″ N., 082°21′40″ W.,
thence to position 26°55′31″ N.,
082°22′26″ W., thence back to position
26°55′33″ N., 082°22′21″ W.
(3) Enforcement Area. All waters of
the Gulf of Mexico encompassed within
the following points: 26°56′09″ N.,
082°22′12″ W., thence to position
26°54′13″ N., 082°21′03″ W., thence to
position 26°53′58″ N., 082°21′43″ W.,
thence to position 26°55′56″ N.,
082°22′48″ W., thence back to position
26°56′09″ N., 082°22′12″ 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
COTP St. Petersburg in the enforcement
of the regulated areas.
(c) Regulations.
(1) All persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the Race Area unless an
authorized race participant.
(2) Designated representatives may
control vessel traffic throughout the
enforcement area as determined by the
prevailing conditions.
(3) All vessels are to be anchored and/
or operate at a No Wake Speed in the
spectator area. On-scene designated
representatives will direct spectator
vessels to the spectator area.
(4) Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated areas by contacting the COTP
St. Petersburg by telephone at (727)
824–7506, or a designated
representative via VHF radio on channel
16. If authorization is granted by the
COTP St. Petersburg or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP St. Petersburg or a designated
representative.
(d) Enforcement Period. This rule will
be enforced daily from 9 a.m. to 5 p.m.
on the third weekend of November
(Friday, Saturday and Sunday).
Dated: September 20, 2017.
Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the
Port Saint Petersburg.
[FR Doc. 2017–20534 Filed 9–25–17; 8:45 am]
BILLING CODE 9110–04–P
VerDate Sep<11>2014
15:06 Sep 25, 2017
Jkt 241001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2017–0129; FRL–9967–64–
Region 6]
Approval and Promulgation of
Implementation Plans; Louisiana;
Regional Haze State Implementation
Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is amending our recent proposal to
approve a revision to the Louisiana
State Implementation Plan (SIP) for
regional haze submitted for parallel
processing on August 24, 2017. On July
13, 2017, we proposed to approve a SIP
revision by the State of Louisiana
through the Louisiana Department of
Environmental Quality (LDEQ) to
address certain Best Available Retrofit
Technology requirements under
Regional Haze for the Entergy R. S.
Nelson facility (Nelson), which is an
electric generating unit in Calcasieu
Parish. We now amend that proposal, by
proposing to approve a compliance date
three years from the effective date of the
final EPA approval of the SIP revision
for Nelson to meet an emission limit for
sulfur dioxide (SO2) emissions.
DATES: Written comments must be
received on or before October 26, 2017.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2017–0129, at https://
www.regulations.gov or via email to
huser.jennifer@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Jennifer Huser, 214–665–7347,
huser.jennifer@epa.gov. For the full EPA
SUMMARY:
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
44753
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT:
Jennifer Huser, 214–665–7347,
huser.jennifer@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Ms. Huser or Mr. Bill
Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
Regional haze is visibility impairment
that is produced by a multitude of
sources and activities which are located
across a broad geographic area and emit
fine particles (PM2.5) (e.g., sulfates,
nitrates, organic carbon, elemental
carbon, and soil dust) and their
precursors. Fine particle precursors,
such as SO2, react in the atmosphere to
form PM2.5, which also impair visibility
by scattering and absorbing light. The
CAA’s visibility protection program
helps to protect clear views in national
parks and wilderness areas identified as
‘‘Class I Federal areas’’ (CAA section
169A, 40 CFR 51 subpart P and 40 CFR
81 subpart D). Vistas in these areas are
often obscured by visibility-impairing
pollutants caused by emissions from
numerous sources located over a wide
geographic area. The program requires
SIPs to address visibility-impairing
pollutants. For more information on
regional haze, visibility protection, and
SIPs please see our May 19, 2017 and
July 13, 2017 Federal Register proposals
for Louisiana EGUs discussed below.
These proposals can be accessed
through regulations.gov (docket EPA–
R06–OAR–207–0129).
On May 19, 2017, we published a
proposal to approve a Louisiana SIP
revision to address regional haze
requirements for EGUs with the
exception of the Entergy R. S. Nelson
EGU (Entergy Nelson) in Calcasieu
Parish (82 FR 22936). On July 13, 2017,
we published a proposal to approve a
proposed Louisiana SIP revision
E:\FR\FM\26SEP1.SGM
26SEP1
Agencies
[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Proposed Rules]
[Pages 44751-44753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20534]
[[Page 44751]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0598]
RIN 1625-AA08
Special Local Regulation; Gulf of Mexico; Englewood, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish special local regulation
on the waters of the Gulf of Mexico in the vicinity of Englewood,
Florida during the OPA World Championships High Speed Boat Race, an
annually recurring event in the month of November. The special local
regulation is necessary to protect 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 the following three areas: A race area where
all persons and vessels, except those persons and vessels participating
in the high speed boat races, are prohibited from entering, transiting
through, anchoring in, or remaining within; a spectator area where all
vessels must be anchored or operate at No Wake Speed; and an
enforcement area where designated representatives may control vessel
traffic as determined by the prevailing conditions.
DATES: Comments and related material must be received by the Coast
Guard on or before October 26, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0598 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician First Class Michael D.
Shackleford, Sector St. Petersburg Prevention Department, Coast Guard;
telephone (813) 228-2191, email Michael.d.shackleford@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
II. Background Information and Regulatory History
The Coast Guard proposes to establish a special local regulation on
the waters of the Gulf of Mexico in the vicinity of Englewood, Florida
during the OPA World Championships High Speed Boat Race. The race
normally occurs annually from 9 a.m. to 5 p.m. on the third weekend of
November (Friday, Saturday, and Sunday). Approximately 60 boats,
ranging in length from 22 feet to 50 feet, traveling at speeds in
excess of 77 miles per hour are expected to participate. Additionally,
it is anticipated that 100 spectator vessels will be present along the
race course.
This proposed rulemaking is necessary to provide for the safety of
race participants, participant vessels, spectators, and the general
public on these navigable waters of the United States during the OPA
World Championships. The Coast Guard proposes this rulemaking under
authority in 33 U.S.C. 1233.
III. Discussion of Proposed Rule
This proposed rulemaking would establish a special local regulation
that will encompass certain waters of the Gulf of Mexico in Englewood,
Florida. The special local regulation will be enforced daily from 9:00
a.m. until 5:00 p.m. during the race event. The special local
regulation will establish the following three areas: (1) A race area
where all persons and vessels, except those persons and vessels
participating in the high speed boat races, are prohibited from
entering, transiting through, anchoring in, or remaining within; (2) a
spectator area where all vessels must be anchored or operate at No Wake
Speed; and (3) an enforcement area where designated representatives may
control vessel traffic as determined by the prevailing conditions.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the Captain of the Port (COTP) St. Petersburg by telephone at (727)
824-7506, or a designated representative via VHF radio on channel 16.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the COTP St. Petersburg or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP St.
Petersburg or a designated representative. The Coast Guard will provide
notice of the special local regulations by Local Notice to Mariners
and/or Broadcast Notice to Mariners.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
The economic impact of this rule is not significant for the
following reasons: (1) The special local regulation will be enforced
for only eight hours on three days; (2) although persons and vessels
may not enter, transit through, anchor in, or remain within the
regulated area without authorization from the COTP St. Petersburg or a
designated representative, they may operate in the surrounding area
during the enforcement period; (3) persons and vessels may still enter,
transit through, anchor in, or remain within the regulated area or
anchor in the spectator area, during the enforcement period if
authorized by the COTP St. Petersburg or a designated representative;
and (4) the Coast Guard will provide advance notification of the
special local regulation to the local maritime community by Local
Notice to Mariners and/or Broadcast Notice to Mariners.
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
[[Page 44752]]
significant economic impact on a substantial number of small entities.
While some owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of the Gulf
of Mexico encompassed within the special local regulation may be small
entities, for the reasons stated in section IV.A above, this proposed
rule would not have a significant economic impact on any vessel owner
or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This 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 would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this 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 would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security 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 made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a special
local regulation issued in conjunction with a regatta or marine parade.
Normally such actions are categorically excluded from further review
under paragraph 34(h) of Figure 2-1 of Commandant Instruction
M16475.lD. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comments can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard 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 Special Local Regulation Sec. 100.735 to read as follows:
Sec. 100.735 Special Local Regulation; Annual OPA World
Championships, Gulf of Mexico; Englewood Beach, FL.
(a) Regulated Areas. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
(1) Race Area. All waters of the Gulf of Mexico contained within
the following points: 26[deg]56'00'' N., 082[deg]21'11'' W., thence to
position 26[deg]55'59'' N., 082[deg]22'16'' W., thence to position
26[deg]54'22'' N., 082[deg]21'20'' W., thence to position
26[deg]54'24'' N., 082[deg]21'16'' W., thence to position
26[deg]54'25'' N., 082[deg]21'17'' W., thence
[[Page 44753]]
back to the original position, 26[deg]56'00'' N., 082[deg]21'11'' W.
(2) Spectator Area. All waters of the Gulf of Mexico contained with
the following points: 26[deg]55'33'' N., 082[deg]22'21'' W., thence to
position 26[deg]54'14'' N., 082[deg]21'35'' W., thence to position
26[deg]54'11'' N., 082[deg]21'40'' W., thence to position
26[deg]55'31'' N., 082[deg]22'26'' W., thence back to position
26[deg]55'33'' N., 082[deg]22'21'' W.
(3) Enforcement Area. All waters of the Gulf of Mexico encompassed
within the following points: 26[deg]56'09'' N., 082[deg]22'12'' W.,
thence to position 26[deg]54'13'' N., 082[deg]21'03'' W., thence to
position 26[deg]53'58'' N., 082[deg]21'43'' W., thence to position
26[deg]55'56'' N., 082[deg]22'48'' W., thence back to position
26[deg]56'09'' N., 082[deg]22'12'' 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 COTP
St. Petersburg in the enforcement of the regulated areas.
(c) Regulations.
(1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the Race Area
unless an authorized race participant.
(2) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
(3) All vessels are to be anchored and/or operate at a No Wake
Speed in the spectator area. On-scene designated representatives will
direct spectator vessels to the spectator area.
(4) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated areas by contacting
the COTP St. Petersburg by telephone at (727) 824-7506, or a designated
representative via VHF radio on channel 16. If authorization is granted
by the COTP St. Petersburg or a designated representative, all persons
and vessels receiving such authorization must comply with the
instructions of the COTP St. Petersburg or a designated representative.
(d) Enforcement Period. This rule will be enforced daily from 9
a.m. to 5 p.m. on the third weekend of November (Friday, Saturday and
Sunday).
Dated: September 20, 2017.
Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2017-20534 Filed 9-25-17; 8:45 am]
BILLING CODE 9110-04-P