Special Local Regulation; Gulf of Mexico; Englewood, FL, 55318-55320 [2017-25182]
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Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Rules and Regulations
of the FDIC-supervised institution’s
common equity tier 1 elements, after
regulatory adjustments and deductions
required under § 324.22(a) through (c)
(transition 15 percent common equity
tier 1 capital deduction threshold).
(iv) Beginning January 1, 2018, an
FDIC-supervised institution must
calculate the 15 percent common equity
tier 1 capital deduction threshold in
accordance with § 324.22(d).
(5) Special transition provisions for
non-significant investments in the
capital of unconsolidated financial
institutions, significant investments in
the capital of unconsolidated financial
institutions that are not in the form of
common stock, MSAs, DTAs arising
from temporary differences that the
FDIC-supervised institution could not
realize through net operating loss
carrybacks, and significant investments
in the capital of unconsolidated
financial institutions in the form of
common stock. Beginning January 1,
2018, an FDIC-supervised institution
that is not an advanced approaches
FDIC-supervised institution must
continue to apply the transition
provisions described in paragraphs
(b)(4)(i), (ii), and (iii) of this section
applicable to calendar year 2017 to
items that are subject to deduction
under § 324.22(c)(4), (c)(5), and (d),
respectively.
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(d) Minority interest—(1) Surplus
minority interest—(i) Advanced
approaches FDIC-supervised institution
surplus minority interest. Beginning
January 1, 2014, through December 31,
2017, an advanced approaches FDICsupervised institution may include in
common equity tier 1 capital, tier 1
capital, or total capital the percentage of
the common equity tier 1 minority
interest, tier 1 minority interest and
total capital minority interest
outstanding as of January 1, 2014 that
exceeds any common equity tier 1
minority interest, tier 1 minority interest
or total capital minority interest
includable under § 324.21 (surplus
minority interest), respectively, as set
forth in Table 9 to § 324.300.
(ii) Non-advanced approaches FDICsupervised institution surplus minority
interest. An FDIC-supervised institution
that is not an advanced approaches
FDIC-supervised institution may
include in common equity tier 1 capital,
tier 1 capital, or total capital 20 percent
of the common equity tier 1 minority
interest, tier 1 minority interest and
total capital minority interest
outstanding as of January 1, 2014 that
exceeds any common equity tier 1
minority interest, tier 1 minority interest
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or total capital minority interest
includable under § 324.21 (surplus
minority interest), respectively.
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the United States during the event. The
special local regulation establishes 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
TABLE 9 TO § 324.300
from entering, transiting through,
Percentage of the anchoring in, or remaining within; a
amount of surplus spectator area where all vessels must be
or non-qualifying
anchored or operate at No Wake Speed;
minority interest
and an enforcement area where
Transition period
that can be
designated representatives may control
included in
regulatory capital vessel traffic as determined by the
during the
prevailing conditions.
transition period
DATES: This rule is effective without
Calendar year 2014 ........
80 actual notice November 21, 2017. For
Calendar year 2015 ........
60 the purposes of enforcement, actual
Calendar year 2016 ........
40 notice will be used from November 15,
Calendar year 2017 ........
20 2017 through November 21, 2017.
Calendar year 2018 and
ADDRESSES: To view documents
thereafter .....................
0 mentioned in this preamble as being
available in the docket, go to https://
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www.regulations.gov, type USCG–2017–
Dated: November 13, 2017.
0598 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Keith A. Noreika,
Folder on the line associated with this
Acting Comptroller of the Currency.
rule.
By order of the Board of Governors of the
FOR FURTHER INFORMATION CONTACT: If
Federal Reserve System, November 15, 2017.
you have questions on this rule, call or
Ann E. Misback,
email Marine Science Technician First
Secretary of the Board.
Class Michael D. Shackleford, Sector St.
Dated at Washington, DC this 14th of
Petersburg Prevention Department,
November, 2017.
Coast Guard; telephone (813) 228–2191,
By order of the Board of Directors.
email Michael.d.shackleford@uscg.mil.
Federal Deposit Insurance Corporation.
SUPPLEMENTARY INFORMATION:
Robert E. Feldman,
Executive Secretary.
I. Table of Abbreviations
[FR Doc. 2017–25172 Filed 11–20–17; 8:45 am]
BILLING CODE P
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
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 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, 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
SUMMARY:
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CFR Code of Federal Regulations
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 establishing 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 will normally occur
annually from 9 a.m. to 5 p.m. on the
third weekend of November (Friday,
Saturday, and Sunday). In 2017, the race
will occur daily from 9:00 to 5:00 p.m.
starting from Friday, November 17, 2017
through Sunday, November 19, 2017.
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.
The Coast Guard published a notice of
proposed rulemaking (NPRM) on
September 26, 2017, entitled ‘‘Special
Local Regulation; Gulf of Mexico;
E:\FR\FM\21NOR1.SGM
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Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Rules and Regulations
Englewood, FL’’ (see 82 FR 44751).
There we stated why we issued the
NPRM, and invited comments on our
proposed regulatory action related to the
high speed boat races. During the
comment period that ended October 26,
2017, we received no comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with this event, which will
take place this year from Friday,
November 17, 2017 through Sunday,
November 19, 2017.
asabaliauskas on DSKBBXCHB2PROD with RULES
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port St. Petersburg
(COTP) has determined this 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.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on the NPRM, which
published September 26, 2017. We are
modifying the regulatory text of this rule
to clarify that we will provide notice of
the special local regulations by Local
Notice to Mariners and/or Broadcast
Notice to Mariners.
This rule establishes 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. In 2017, the race will be
occurring on Friday, November 17, 2017
through Sunday, November 19, 2017.
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
VerDate Sep<11>2014
17:18 Nov 20, 2017
Jkt 244001
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.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the 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,
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55319
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 received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
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55320
Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Rules and Regulations
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.
asabaliauskas on DSKBBXCHB2PROD with RULES
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 issued in
conjunction with a marine boat race. It
is categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of the Commandant Instruction. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
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Jkt 244001
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 § 100.735 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°22′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
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
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Fmt 4700
Sfmt 4700
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.
(5) The Coast Guard will provide
notice of the special local regulations by
Local Notice to Mariners and/or
Broadcast Notice to Mariners.
(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).
Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the
Port Saint Petersburg.
[FR Doc. 2017–25182 Filed 11–20–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0561]
RIN 1625–AA09
Drawbridge Operation Regulation;
Upper Mississippi River, IA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is changing
the operating schedule that governs the
draws of all bridges between Lock and
Dam No. 14, mile 493.3, and Lock and
Dam No. 10, mile 615.1, on the Upper
Mississippi River by adding a 24-hour
notice requirement for openings during
the winter season. This revision allows
the drawbridges to remain in the closedto-navigation position for extended
periods allowing the owners of the
drawbridges to perform preventive
maintenance that is essential to the safe
SUMMARY:
E:\FR\FM\21NOR1.SGM
21NOR1
]]>Agencies
[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Rules and Regulations]
[Pages 55318-55320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25182]
=======================================================================
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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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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, 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
establishes 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: This rule is effective without actual notice November 21, 2017.
For the purposes of enforcement, actual notice will be used from
November 15, 2017 through November 21, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0598 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician First Class Michael 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
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is establishing 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 will
normally occur annually from 9 a.m. to 5 p.m. on the third weekend of
November (Friday, Saturday, and Sunday). In 2017, the race will occur
daily from 9:00 to 5:00 p.m. starting from Friday, November 17, 2017
through Sunday, November 19, 2017. 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.
The Coast Guard published a notice of proposed rulemaking (NPRM) on
September 26, 2017, entitled ``Special Local Regulation; Gulf of
Mexico;
[[Page 55319]]
Englewood, FL'' (see 82 FR 44751). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
the high speed boat races. During the comment period that ended October
26, 2017, we received no comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with this event,
which will take place this year from Friday, November 17, 2017 through
Sunday, November 19, 2017.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port St. Petersburg (COTP) has determined this
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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on the NPRM, which
published September 26, 2017. We are modifying the regulatory text of
this rule to clarify that we will provide notice of the special local
regulations by Local Notice to Mariners and/or Broadcast Notice to
Mariners.
This rule establishes 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. In 2017, the race
will be occurring on Friday, November 17, 2017 through Sunday, November
19, 2017.
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.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the
[[Page 55320]]
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 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 issued in conjunction with a
marine boat race. It is categorically excluded from further review
under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add 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]22'11'' 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 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.
(5) The Coast Guard will provide notice of the special local
regulations by Local Notice to Mariners and/or Broadcast Notice to
Mariners.
(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).
Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2017-25182 Filed 11-20-17; 8:45 am]
BILLING CODE 9110-04-P
