Special local regulation; Battle of the Bridges, Intracoastal Waterway; Venice, FL, 44229-44231 [2018-18771]
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Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations
Executive Order 13771
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
This rule is not subject to the
requirements of E.O. 13771 (82 FR 9339,
February 3, 2017).
Small Business Regulatory Enforcement
Fairness Act of 1996
The Department does not believe this
rulemaking is a major rule under the
criteria of 5 U.S.C. 804.
Executive Orders 12372 and 13132
This rulemaking does not have
sufficient federalism implications to
require consultations or warrant the
preparation of a federalism summary
impact statement. The regulations
implementing Executive Order 12372
regarding intergovernmental
consultation on Federal programs and
activities do not apply to this
rulemaking.
The Department of State has reviewed
this rulemaking in light of sections 3(a)
and 3(b)(2) of Executive Order 12988 to
eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.
amozie on DSK3GDR082PROD with RULES
Executive Order 13175
The Department of State has
determined that this rulemaking will
not have tribal implications, will not
impose substantial direct compliance
costs on Indian tribal governments, and
will not preempt tribal law.
Accordingly, the requirements of
Executive Order 13175 do not apply to
this rulemaking.
This rulemaking does not impose or
revise any information collections
subject to 44 U.S.C. chapter 35.
VerDate Sep<11>2014
16:35 Aug 29, 2018
Jkt 244001
[Docket Number USCG–2018–0608]
RIN 1625–AA08
Special local regulation; Battle of the
Bridges, Intracoastal Waterway;
Venice, FL
PART 121—THE UNITED STATES
MUNITIONS LIST
AGENCY:
1. The authority citation for part 121
continues to read as follows:
SUMMARY:
ACTION:
Coast Guard, DHS.
Temporary final rule.
3. In § 121.1, under Category XI, revise
paragraph (b), effective August 30, 2019,
to read as follows:
The Coast Guard is
establishing 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 regulation
prohibits persons and vessels from
being in the race area unless authorized
by the Captain of the Port St. Petersburg
(COTP) or a designated representative.
DATES: This rule is effective from 7 a.m.
until 7:30 p.m. on September 15, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0608 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 Shackleford, U.S. Coast
Guard; telephone 813–228–2191, email
Michael.D.Shackleford@uscg.mil.
SUPPLEMENTARY INFORMATION:
§ 121.1
I. Table of Abbreviations
2. In § 121.1, under Category XI, revise
paragraph (b), effective August 30, 2018,
to read as follows:
■
Executive Order 12988
Paperwork Reduction Act
Arms and munitions, Classified
information, Exports.
Authority: Secs. 2, 38, and 71, Pub. L. 90–
629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2797); 22 U.S.C. 2651a; Pub. L. 105–261, 112
Stat. 1920; Section 1261, Pub. L. 112–239;
E.O. 13637, 78 FR 16129.
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributed impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rulemaking is a
significant but not an economically
significant rule, under the criteria of
Executive Order 12866, and is
consistent with the provisions of
Executive Order 13563.
Coast Guard
33 CFR Part 100
■
Executive Orders 12866 and 13563
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 22 CFR Part 121
For reasons stated in the preamble,
the State Department amends 22 CFR
part 121 as follows:
44229
§ 121.1
*
*
The United States Munitions List.
*
*
*
Category XI—Military Electronics
*
*
*
*
*
* (b) Electronic systems, equipment or
software, not elsewhere enumerated in
this subchapter, specially designed for
intelligence purposes that collect,
survey, monitor, or exploit, or analyze
and produce information from, the
electromagnetic spectrum (regardless of
transmission medium), or for
counteracting such activities.
*
*
*
*
*
■
*
*
The United States Munitions List.
*
*
*
Category XI—Military Electronics
*
*
*
*
*
* (b) Electronic systems or equipment,
not elsewhere enumerated in this
subchapter, specially designed for
intelligence purposes that collect,
survey, monitor, or exploit the
electromagnetic spectrum (regardless of
transmission medium), or for
counteracting such activities.
*
*
*
*
*
Dated: August 27, 2018.
Andrea Thompson,
Under Secretary of State for Arms Control
and International Security, U.S. Department
of State.
[FR Doc. 2018–19029 Filed 8–29–18; 8:45 am]
BILLING CODE 4710–25–P
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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
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. In response, on
August 7, 2018, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled Special Local
Regulation; Battle of the Bridges,
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44230
Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations
Intracoastal Waterway, Venice, FL (83
FR 38670) There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action related to this fireworks display.
During the comment period that ended
August 22, 2018, we did not receive any
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 the running of the event
on September 15, 2018.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. 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
purpose of this rule is to ensure safety
of vessels and the navigable waters in
the special local regulation during the
scheduled event.
IV. Discussion of Comments, Changes,
and the Rule
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As noted above, we received no
comments on our NPRM, which was
published on August 7, 2018. There are
no changes in the regulatory text of this
rule from the proposed rule in the
NPRM.
This rule establishes a 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.
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
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16:35 Aug 29, 2018
Jkt 244001
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 size, location, duration,
and time-of-day of the special local
regulation. Vessel traffic will be able to
safely transit through this regulated area
for urgent situations with COTP
approval which impacts a designated
area of the Intracoastal Waterway for
12.5 hours. Moreover, the Coast Guard
will issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the regulation, and the rule
allow vessels to seek permission to enter
the zone.
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 did not receive any
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 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
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
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
E:\FR\FM\30AUR1.SGM
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Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations
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
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
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 which
temporarily limits access to race
participants only in certain portions of
the Intracoastal Waterway in Venice, FL,
except in emergency situations. It is
categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. 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:
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 nonparticipant 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. 2018–18771 Filed 8–29–18; 8:45 am]
BILLING CODE 9110–04–P
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 100
continues to read as follows:
■
Coast Guard
Authority: 33 U.S.C. 1233; 33 CFR 1.05–1.
2. Add § 100.35T07–0195 to read as
follows:
33 CFR Parts 100, 117, 147, and 165
§ 100.35T07–0195 Special local regulation;
Battle of the Bridges, Intracoastal
Waterway; Venice, FL.
2018 Quarterly Listings; Safety Zones,
Security Zones, Special Local
Regulations, Drawbridge Operation
Regulations and Regulated Navigation
Areas
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■
[USCG–2018–0496]
(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
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AGENCY:
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44231
Notification of expired
temporary rules issued.
ACTION:
This document provides
notification of substantive rules issued
by the Coast Guard that were made
temporarily effective but expired before
they could be published in the Federal
Register. This document lists temporary
safety zones, security zones, special
local regulations, drawbridge operation
regulations and regulated navigation
areas, all of limited duration and for
which timely publication in the Federal
Register was not possible.
DATES: This document lists temporary
Coast Guard rules that became effective,
primarily during the period between
April 2018 and June 2018, unless
otherwise indicated, and were
terminated before they could be
published in the Federal Register.
ADDRESSES: Temporary rules listed in
this document may be viewed online,
under their respective docket numbers,
using the Federal eRulemaking Portal at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
questions on this document contact
Yeoman First Class David Hager, Office
of Regulations and Administrative Law,
telephone (202) 372–3862.
SUPPLEMENTARY INFORMATION: Coast
Guard District Commanders and
Captains of the Port (COTP) must be
immediately responsive to the safety
and security needs within their
jurisdiction; therefore, District
Commanders and COTPs have been
delegated the authority to issue certain
local regulations. Safety zones may be
established for safety or environmental
purposes. A safety zone may be
stationary and described by fixed limits
or it may be described as a zone around
a vessel in motion. Security zones limit
access to prevent injury or damage to
vessels, ports, or waterfront facilities.
Special local regulations are issued to
enhance the safety of participants and
spectators at regattas and other marine
events. Drawbridge operation
regulations authorize changes to
drawbridge schedules to accommodate
bridge repairs, seasonal vessel traffic,
and local public events. Regulated
Navigation Areas are water areas within
a defined boundary for which
regulations for vessels navigating within
the area have been established by the
regional Coast Guard District
Commander.
Timely publication of these rules in
the Federal Register may be precluded
when a rule responds to an emergency,
or when an event occurs without
sufficient advance notice. The affected
public is, however, often informed of
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44229-44231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18771]
=======================================================================
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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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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 regulation prohibits persons and vessels from being in the
race area unless authorized by the Captain of the Port St. Petersburg
(COTP) or a designated representative.
DATES: This rule is effective from 7 a.m. until 7:30 p.m. on September
15, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0608 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
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 Information and Regulatory History
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. In response, on August 7, 2018, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled Special Local Regulation;
Battle of the Bridges,
[[Page 44230]]
Intracoastal Waterway, Venice, FL (83 FR 38670) There we stated why we
issued the NPRM, and invited comments on our proposed regulatory action
related to this fireworks display. During the comment period that ended
August 22, 2018, we did not receive any 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 the running of
the event on September 15, 2018.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. 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 purpose of this
rule is to ensure safety of vessels and the navigable waters in the
special local regulation during the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM, which was
published on August 7, 2018. There are no changes in the regulatory
text of this rule from the proposed rule in the NPRM.
This rule establishes a 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.
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 size,
location, duration, and time-of-day of the special local regulation.
Vessel traffic will be able to safely transit through this regulated
area for urgent situations with COTP approval which impacts a
designated area of the Intracoastal Waterway for 12.5 hours. Moreover,
the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the regulation, and the rule allow vessels to
seek permission to enter the zone.
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 did not receive any 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 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the
[[Page 44231]]
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
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 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 which temporarily limits access to race
participants only in certain portions of the Intracoastal Waterway in
Venice, FL, except in emergency situations. It is categorically
excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 01. 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; 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. 2018-18771 Filed 8-29-18; 8:45 am]
BILLING CODE 9110-04-P
