Special Local Regulation; Battle of the Bridges, Intracoastal Waterway, Venice, FL, 38670-38672 [2018-16834]
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Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Proposed Rules
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any comments that contain personal
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be made using www.regulations.gov,
please submit using the email address
listed in the ADDRESSES section, or
contact the person in the FOR FURTHER
INFORMATION CONTACT section of this
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following sites:
daltland on DSKBBV9HB2PROD with PROPOSALS
• Executive Order 13771 is located at:
https://bit.ly/2kx0TlY
• Executive Order 13777 is located at:
https://bit.ly/2lTZPIQ
Although the Department will not
respond to individual comments, we
value your comments and will give
careful consideration to them.
[FR Doc. 2018–16843 Filed 8–6–18; 8:45 am]
BILLING CODE 4710–05–P
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Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–0608]
You can find the Department’s
approved collections of information at
https://www.reginfo.gov/public/do/
PRAMain. Please choose ‘‘Current
Inventory’’ and pick ‘‘Department of
State’’ from the dropdown menu. All
approved collections of information
have a Control Number issued by the
Office of Management and Budget
(OMB). Department Control Numbers all
begin with ‘‘1405–’’. When commenting
on an information collection, please
identify it by the OMB Control Number.
Janet M. Freer,
Director, Office of Directive Management,
Department of State.
DEPARTMENT OF HOMELAND
SECURITY
RIN 1625–AA08
Special Local Regulation; Battle of the
Bridges, Intracoastal Waterway,
Venice, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary special local
regulation for certain waters of the
Intracoastal Waterway. This action is
necessary to provide for the safety of life
on these navigable waters in Venice, FL,
during the Battle of the Bridges on
September 15, 2018. This proposed
rulemaking would prohibit persons and
vessels from being in the race area
unless authorized by the Captain of the
Port St. Petersburg (COTP) or a
designated representative. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before August 22, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0608 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.
DATES:
If
you have questions about this proposed
rulemaking, call or email Marine
Science Technician First Class Michael
Shackleford, U.S. Coast Guard;
telephone 813–228–2191, email
Michael.D.Shackleford@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
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, Purpose, and Legal
Basis
On November 7, 2017, the Sarasota
Scullers Youth Rowing Program notified
the Coast Guard that it will be
conducting the Battle of the Bridges
sculler race from 7 a.m. to 7:30 p.m. on
PO 00000
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Fmt 4702
Sfmt 4702
September 15, 2018. The race will take
place in portions of the Intracoastal
Waterway in Venice, FL. The Captain of
the Port St. Petersburg (COTP) has
determined that potential hazards
associated with the race to be a safety
concern for anyone within area where
the race is taking place.
The Coast Guard is requesting that
interested parties provide comments
within a shortened comment period of
15 days instead of a standard 30 days for
this notice of proposed rulemaking. The
Coast Guard believes a shortened
comment period is necessary and
reasonable because the special local
regulation is necessary to ensure the
safety of vessels and the navigable
waters within, or near the race area
during the scheduled event. Any delay
in making this final rule effective by
allowing comments for more than 15
days would not be in the best interest
of public safety.
The Coast Guard proposes this
rulemaking under authority in 33 U.S.C.
1233.
III. Discussion of Proposed Rule
The COTP proposes to establish a
temporary special local regulation from
7 a.m. to 7:30 p.m. on September 15,
2018. The regulation would cover a race
which would take place on
approximately 3.5 miles of the
Intracoastal Waterway starting near the
Shamrock Park & Nature Center and
ending near the Tamiami Trail Bridge in
Venice, FL. The duration of the
regulation is intended to ensure the
safety of vessels and these navigable
waters during the scheduled 7 a.m. to
7:30 p.m. race. No vessel or person
would be permitted to enter the
regulated area without obtaining
permission from the COTP or a
designated representative. Persons or
vessels receiving permission to enter the
regulated area must comply with the
instructions of the COTP or a designated
representative. The regulatory text we
are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed 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
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Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Proposed Rules
daltland on DSKBBV9HB2PROD with PROPOSALS
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.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the special local
regulation. This regulation would
impact approximately 3.5 miles of the
Intracoastal Waterway in Venice, FL for
twelve and half hours on one day. The
Coast Guard would issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the regulation, and the
rule would allow vessels to seek
permission to enter the race area in
emergency situations. Advance notice of
the regulation will provide the local
community with ample time to plan
around the race event accordingly.
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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the
regulation area 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
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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 proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed 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 proposed 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 proposed 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
proposed 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 Directive 023–01 and
Commandant Instruction M16475.1D,
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Fmt 4702
Sfmt 4702
38671
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 special local regulation which
temporarily limits access to the portions
of the Intracoastal Waterway in Venice,
FL to race participants only, except in
emergency situations. Normally such
actions are categorically excluded from
further review under paragraph L[61] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
preliminary Record of Environmental
Consideration 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 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 comment 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, visit https://
www.regulations.gov/privacyNotice.
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Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Proposed Rules
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
website’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 proposes to
amend 33 CFR part 100 as follows:
race area is granted, all persons and
vessels receiving such authorization
shall comply with the instructions of
the COTP 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 from 7 a.m. until 7:30 p.m.
on September 15, 2018.
Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the
Port Saint Petersburg.
[FR Doc. 2018–16834 Filed 8–6–18; 8:45 am]
BILLING CODE 9110–04–P
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 100
continues to read as follows:
■
40 CFR Part 300
Authority: 33 U.S.C. 1233; 33 CFR 1.05–
1.
■
[EPA–HQ–SFUND–2002–0001; FRL–9981–
92-Region 8]
§ 100.35T07–0195 Special Local
Regulation; Battle of the Bridges,
Intracoastal Waterway; Venice, FL.
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Eureka Mills Superfund Site
daltland on DSKBBV9HB2PROD with PROPOSALS
2. Add § 100.35T07–0195 to read as
follows:
(a) Regulated Area. A regulated area is
established to include a race area
located on all waters of the Intracoastal
Waterway south of a line made
connecting the following points:
27°06′15″ N, 082°26′43″ W, to position
27°06′12″ N, 082°26′43″ W, and all
waters of the Intracoastal Waterway
north of a line made connecting the
following points: 27°03′21″ N,
082°26′17″ W, to position 27°03′19″ N,
082°26′15″ W. All coordinates are North
American Datum 1983.
(b) Definitions. 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 non-participant
persons and vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within the race area
unless authorized by the Captain of the
Port (COTP) St. Petersburg or a
designated representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the race area may contact
the COTP St. Petersburg by telephone at
(727) 824–7506 or via VHF–FM radio
Channel 16 to request authorization.
(3) If authorization to enter, transit
through, anchor in, or remain within the
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Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notice of intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 8 is issuing a
Notice of Intent to Delete the Eureka
Mills Superfund Site (Site) located in
Eureka, Utah, from the National
Priorities List (NPL) and requests public
comments on this proposed action. The
NPL, promulgated pursuant to section
105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an
appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the State of Utah, through the Utah
Department of Environmental Quality
(UDEQ), have determined that all
appropriate response actions under
CERCLA, other than operation and
maintenance and five-year reviews
(FYR), have been completed. However,
this deletion does not preclude future
actions under Superfund.
DATES: Comments must be received by
September 6, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–2002–0001 by one of the
following methods:
• https://www.regulations.gov. Follow
on-line instructions for submitting
SUMMARY:
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Fmt 4702
Sfmt 4702
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, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
• Email: saenz.armando@epa.gov.
• Mail: Armando Saenz, Remedial
Project Manager, U.S. EPA, Region 8,
Mail Code 8EPR–SR, 1595 Wynkoop
Street, Denver, CO 80202–1129.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–2002–
0001. The https://www.regulations.gov
website is an ‘‘anonymous access’’
system, which means EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
email comment directly to EPA without
going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in the
hard copy. Publicly available docket
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]]>Agencies
[Federal Register Volume 83, Number 152 (Tuesday, August 7, 2018)]
[Proposed Rules]
[Pages 38670-38672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16834]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0608]
RIN 1625-AA08
Special Local Regulation; Battle of the Bridges, Intracoastal
Waterway, Venice, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary special
local regulation for certain waters of the Intracoastal Waterway. This
action is necessary to provide for the safety of life on these
navigable waters in Venice, FL, during the Battle of the Bridges on
September 15, 2018. This proposed rulemaking would prohibit persons and
vessels from being in the race area unless authorized by the Captain of
the Port St. Petersburg (COTP) or a designated representative. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before August 22, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0608 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 about this
proposed rulemaking, call or email Marine Science Technician First
Class Michael Shackleford, U.S. Coast Guard; telephone 813-228-2191,
email [email protected].
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, Purpose, and Legal Basis
On November 7, 2017, the Sarasota Scullers Youth Rowing Program
notified the Coast Guard that it will be conducting the Battle of the
Bridges sculler race from 7 a.m. to 7:30 p.m. on September 15, 2018.
The race will take place in portions of the Intracoastal Waterway in
Venice, FL. The Captain of the Port St. Petersburg (COTP) has
determined that potential hazards associated with the race to be a
safety concern for anyone within area where the race is taking place.
The Coast Guard is requesting that interested parties provide
comments within a shortened comment period of 15 days instead of a
standard 30 days for this notice of proposed rulemaking. The Coast
Guard believes a shortened comment period is necessary and reasonable
because the special local regulation is necessary to ensure the safety
of vessels and the navigable waters within, or near the race area
during the scheduled event. Any delay in making this final rule
effective by allowing comments for more than 15 days would not be in
the best interest of public safety.
The Coast Guard proposes this rulemaking under authority in 33
U.S.C. 1233.
III. Discussion of Proposed Rule
The COTP proposes to establish a temporary special local regulation
from 7 a.m. to 7:30 p.m. on September 15, 2018. The regulation would
cover a race which would take place on approximately 3.5 miles of the
Intracoastal Waterway starting near the Shamrock Park & Nature Center
and ending near the Tamiami Trail Bridge in Venice, FL. The duration of
the regulation is intended to ensure the safety of vessels and these
navigable waters during the scheduled 7 a.m. to 7:30 p.m. race. No
vessel or person would be permitted to enter the regulated area without
obtaining permission from the COTP or a designated representative.
Persons or vessels receiving permission to enter the regulated area
must comply with the instructions of the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed 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
[[Page 38671]]
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.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
This regulation would impact approximately 3.5 miles of the
Intracoastal Waterway in Venice, FL for twelve and half hours on one
day. The Coast Guard would issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the regulation, and the rule would allow
vessels to seek permission to enter the race area in emergency
situations. Advance notice of the regulation will provide the local
community with ample time to plan around the race event accordingly.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
regulation area 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 proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed 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 proposed 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 proposed 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 proposed 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 Directive 023-01 and Commandant Instruction M16475.1D, 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 special local regulation which
temporarily limits access to the portions of the Intracoastal Waterway
in Venice, FL to race participants only, except in emergency
situations. Normally such actions are categorically excluded from
further review under paragraph L[61] of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of
Environmental Consideration 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 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 comment 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, visit https://www.regulations.gov/privacyNotice.
[[Page 38672]]
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 website'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 proposes
to amend 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; 33 CFR 1.05-1.
0
2. Add Sec. 100.35T07-0195 to read as follows:
Sec. 100.35T07-0195 Special Local Regulation; Battle of the Bridges,
Intracoastal Waterway; Venice, FL.
(a) Regulated Area. A regulated area is established to include a
race area located on all waters of the Intracoastal Waterway south of a
line made connecting the following points: 27[deg]06'15'' N,
082[deg]26'43'' W, to position 27[deg]06'12'' N, 082[deg]26'43'' W, and
all waters of the Intracoastal Waterway north of a line made connecting
the following points: 27[deg]03'21'' N, 082[deg]26'17'' W, to position
27[deg]03'19'' N, 082[deg]26'15'' W. All coordinates are North American
Datum 1983.
(b) Definitions. 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 non-participant persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the race area unless authorized by the Captain of the
Port (COTP) St. Petersburg or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the race area may contact the COTP St. Petersburg
by telephone at (727) 824-7506 or via VHF-FM radio Channel 16 to
request authorization.
(3) If authorization to enter, transit through, anchor in, or
remain within the race area is granted, all persons and vessels
receiving such authorization shall comply with the instructions of the
COTP 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 from 7 a.m.
until 7:30 p.m. on September 15, 2018.
Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2018-16834 Filed 8-6-18; 8:45 am]
BILLING CODE 9110-04-P
