Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 44229 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

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. 

Executive Orders 12866 and 13563 

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. 

Executive Order 12988 

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. 

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. 

Paperwork Reduction Act 

This rulemaking does not impose or 

revise any information collections 

subject to 44 U.S.C. chapter 35. 

Executive Order 13771 

This rule is not subject to the 

requirements of E.O. 13771 (82 FR 9339, 

February 3, 2017). 

List of Subjects in 22 CFR Part 121 

Arms and munitions, Classified 

information, Exports. 

For reasons stated in the preamble, 

the State Department amends 22 CFR 

part 121 as follows: 

PART 121—THE UNITED STATES 

MUNITIONS LIST 

■ 1. The authority citation for part 121 

continues to read as follows: 

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. 

■ 2. In § 121.1, under Category XI, revise 

paragraph (b), effective August 30, 2018, 

to read as follows: 

§ 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. 

* * * * * 

■ 3. In § 121.1, under Category XI, revise 

paragraph (b), effective August 30, 2019, 

to read as follows: 

§ 121.1 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 

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 http://

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: 

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 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 

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 


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Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 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 

■ 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 § 100.35T07–0195 to read as 

follows: 

§ 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°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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100, 117, 147, and 165 

[USCG–2018–0496] 

2018 Quarterly Listings; Safety Zones, 

Security Zones, Special Local 

Regulations, Drawbridge Operation 

Regulations and Regulated Navigation 

Areas 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of expired 

temporary rules issued. 

SUMMARY: 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 

http://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 


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