30338 Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations 

executory offers capable of acceptance 

such as bids or proposals in response to 

public tenders, binding memoranda of 

understanding, or any other similar 

agreement. 

■ 5. Add § 560.537 to subpart E to read 

as follows: 

§ 560.537 Winding down of transactions 

relating to foreign entities owned or 

controlled by a U.S. person. 

(a) Except as provided in paragraph 

(c) of this section, all transactions and 

activities that are ordinarily incident 

and necessary to the wind down of the 

following activities are authorized 

through 11:59 p.m. eastern standard 

time on November 4, 2018: an entity 

owned or controlled by a United States 

person and established or maintained 

outside the United States (a ‘‘U.S.- 

owned or -controlled foreign entity’’) 

engaging in transactions, directly or 

indirectly, with the Government of Iran 

or any person subject to the jurisdiction 

of the Government of Iran that would 

otherwise be prohibited by § 560.215. 

(b) All transactions and activities that 

are ordinarily incident and necessary to 

the wind down of the following 

activities are authorized through 11:59 

p.m. eastern standard time on November 

4, 2018: A United States person 

engaging in the following: 

(1) Activities related to the 

establishment or alteration of operating 

policies and procedures of a United 

States entity or a U.S.-owned or 

-controlled foreign entity, to the extent 

necessary to allow a U.S.-owned or 

-controlled foreign entity to engage in 

transactions authorized in paragraph (a) 

of this section; and 

(2) Activities to make available to 

those foreign entities that the U.S. 

person owns or controls any automated 

and globally integrated computer, 

accounting, email, telecommunications, 

or other business support system, 

platform, database, application, or 

server necessary to store, collect, 

transmit, generate, or otherwise process 

documents or information related to 

transactions authorized in paragraph (a) 

of this section. 

Note 1 to paragraph (b): See § 560.208 for 

prohibitions on facilitation by United States 

persons, which remain in effect, with the 

exception of activities authorized in 

paragraph (b) of this section. 

(c) Paragraph (a) of this section does 

not authorize transactions involving: 

(1) The exportation, reexportation, 

sale, or supply, directly or indirectly, 

from the United States of any goods, 

technology, or services prohibited by 

§ 560.204 or the reexportation from a 

third country of any goods, technology, 

or services prohibited by § 560.205; 

(2) Any transfer of funds to, from, or 

through a United States depository 

institution or a United States-registered 

broker or dealer in securities; 

(3) Any person on OFAC’s list of 

Specially Designated Nationals and 

Blocked Persons (SDN List), or any 

activity that would be prohibited by any 

part of 31 CFR chapter V other than part 

560 if engaged in by a United States 

person or in the United States; 

(4) Any person identified on the List 

of Foreign Sanctions Evaders pursuant 

to Executive Order 13608; 

(5) Any activity involving any item 

(including information) subject to the 

Export Administration Regulations, 15 

CFR parts 730 through 774 (EAR), that 

is prohibited by, or otherwise requires a 

license under, part 744 of the EAR; or 

participation in any transaction 

involving a person whose export 

privileges have been denied pursuant to 

part 764 or 766 of the EAR, without 

authorization from the Department of 

Commerce; 

(6) Any military, paramilitary, 

intelligence, or law enforcement entity 

of the Government of Iran, or any 

official, agent, or affiliate thereof; 

(7) Any activity that is sanctionable 

under Executive Order 12938 or 13382 

(relating to Iran’s proliferation of 

weapons of mass destruction and their 

means of delivery, including ballistic 

missiles); Executive Order 13224 

(relating to international terrorism); 

Executive Order 13572 or 13582 

(relating to Syria); Executive Order 

13611 (relating to Yemen); or Executive 

Order 13553 or 13606, or section 2 or 3 

of Executive Order 13628 (relating to 

Iran’s commission of human rights 

abuses against its citizens); or 

(8) Any nuclear activity involving Iran 

that is subject to the procurement 

channel established pursuant to 

paragraph 16 of the United Nations 

Security Council Resolution 2231 (2015) 

and Section 6 of Annex IV to the Joint 

Comprehensive Plan of Action of July 

14, 2015 and that has not been approved 

through that procurement channel 

process. 

(d)(1) For purposes of paragraph (b)(2) 

of this section, the term ‘‘automated’’ 

refers to a computer, accounting, email, 

telecommunications, or other business 

support system, platform, database, 

application, or server that operates 

passively and without human 

intervention to facilitate the flow of data 

between and among the United States 

person and its owned or controlled 

foreign entities. 

(2) For purposes of paragraph (b)(2) of 

this section, the term ‘‘globally 

integrated’’ refers to a computer, 

accounting, email, telecommunications, 

or other business support system, 

platform, database, application, or 

server that is available to, and in general 

use by, the United States person’s global 

organization, including the United 

States person and its owned or 

controlled foreign entities. 

(3) Paragraph (b)(2) of this section 

does not authorize the use of any 

automated computer, accounting, email, 

telecommunications, or other business 

support system, platform, database, 

application, or server in connection 

with any transfer of funds to, from, or 

through a United States depository 

institution or a United States-registered 

broker or dealer in securities. 

Dated: June 25, 2018. 

Andrea Gacki, 

Acting Director, Office of Foreign Assets 

Control. 

[FR Doc. 2018–13939 Filed 6–27–18; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2018–0316] 

RIN 1625–AA08 

Special Local Regulation; Gulf of 

Mexico; Sarasota, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation on 

the waters of the Gulf of Mexico, in the 

vicinity of Lido Beach, Florida, during 

the 34th Annual Sarasota Powerboat 

Grand Prix High Speed Boat Race. 

Approximately 35 boats and jet skis, 

traveling at speeds in excess of 100 

miles per hour are expected to 

participate. Additionally, it is 

anticipated that 300 spectator vessels 

will be present along the race course. 

The special local regulation is necessary 

to protect the safety of race participants, 

participant vessels, spectators, and the 

general public on navigable waters of 

the United States during the event. The 

special local regulation will establish an 

enforcement 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 without obtaining 

permission from the Captain of the Port 

St. Petersburg or a designated 

representative. 


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Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations 30339 

DATES: This rule is effective daily from 

8 a.m. until 6 p.m. on June 29, 2018 

through July 1, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0316 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, Sector St. 

Petersburg Prevention Department, 

Coast Guard; telephone (813) 228–2191, 

email Michael.d.shackleford@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port 

II. Background Information and 

Regulatory History 

The Coast Guard is establishing this 

special local regulation without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. Insufficient time remains 

to publish an NPRM and to receive 

public comments, as the Sarasota 

Powerboat Grand Prix event will occur 

before the rulemaking process would be 

completed. Because of the dangers 

associated with high speed boat races, 

the regulation is necessary to provide 

for the safety of event participants, 

spectators, and vessels transiting the 

event area. For those reasons, it would 

be impracticable to publish an NPRM. 

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. For the reason discussed 

above, the Coast Guard finds that good 

cause exists. 

III. Legal Authority and Need for Rule 

The legal basis for this rule is the 

Coast Guard’s authority to establish 

special local regulations: 33 U.S.C. 

1233. The purpose of the rule is to 

provide for the safety of life on 

navigable waters of the United States 

during the Sarasota Powerboat Grand 

Prix High Speed Boat Race. 

IV. Discussion of the Rule 

This rule establishes a special local 

regulation that will encompass certain 

waters of the Gulf of Mexico, Lido 

Beach, Florida. The special local 

regulation will be enforced daily from 8 

a.m. to 6 p.m. on June 29, 2018 through 

July 1, 2018. The special local 

regulation will establish an enforcement 

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 without obtaining 

permission from the COTP St. 

Petersburg or a designated 

representative. 

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 

regulation 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: (1) The special local 

regulation will be enforced for only ten 

hours on two 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 sponsor’s 

designated spectator area(s), during the 

enforcement period if authorized by the 

COTP St. Petersburg or a designated 

representative; and (4) the Coast Guard 

will provide advance notification of the 

special local regulation to the local 

maritime community by Local Notice to 

Mariners and/or Broadcast Notice to 

Mariners. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule would not have a 

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 


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30340 Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations 

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 would not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

would not result in such 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 made a 

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 rule involves a 

special local regulation issued in 

conjunction with a regatta or marine 

parade. 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 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233; 33 

CFR 1.05–1. 

■ 2. Add § 100.35T07–0316 to read as 

follows: 

§ 100.35T07–0316 Special Local 

Regulations; Sarasota Powerboat Grand 

Prix, Gulf of Mexico; Lido Beach, FL. 

(a) Location. The following regulated 

area is established as a special local 

regulation. All coordinates are North 

American Datum 1983. 

(1) Enforcement area. All waters of 

the Gulf of Mexico contained within the 

following points: 27°18′44′′ N, 82°36′14′′ 

W, thence to position 27°19′09′′ N, 

82°35′13′′ W, thence to position 

27°17′42′′ N, 82°34′00′′ W, thence to 

position 27°16′43′′ N, 82°34′49′′ W, 

thence back to the original position, 

27°18′44′′ N, 82°36′14′′ 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 nonparticipant persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the race area unless an 

authorized by the COTP St. Petersburg 

or a designated representative. 

(2) Designated representatives may 

control vessel traffic throughout the 

enforcement area as determined by the 

prevailing conditions. 

(3) 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, all 

persons and vessels receiving such 

authorization must comply with the 

instructions of the COTP St. Petersburg 

or a designated representative. 

(4) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners and/or Broadcast 

Notice to Mariners. 

(d) Enforcement period. This rule will 

be enforced daily from 8 a.m. to 6 p.m. 

on June 29, 2018 through July 1, 2018. 

H.L. Najarian, 

Captain, U.S. Coast Guard, Captain of the 

Port Saint Petersburg. 

[FR Doc. 2018–13912 Filed 6–27–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2018–0340] 

RIN 1625–AA08 

Special Local Regulation; Corpus 

Christi Bay, Corpus Christi, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation for certain navigable waters 

of Corpus Christi Bay. This action is 

necessary to protect marine event 


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