Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations 38823 

decommissioning of the Vivian NDB, 

and cancellation of the NDB approach. 

The VOR approach was previously 

redesigned to use the Vivian NDB when 

the Shreveport VORTAC was changed to 

the Belcher VORTAC, but was never 

noted in the airspace description. This 

action enhances the safety and 

management of the standard instrument 

approach procedures for IFR operations 

at the airport. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11A, 

Airspace Designations and Reporting 

Points, dated August 3, 2016, and 

effective September 15, 2016, is 

amended as follows: 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASW LA E5 Vivian, LA [Amended] 

Vivian Airport, LA 

(Lat. 32°51′41′′ N., long. 94°00′37′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of Vivian Airport. 

Issued in Fort Worth, Texas on August 9, 

2017. 

Walter Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2017–17254 Filed 8–15–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2017–0556] 

RIN 1625–AA08 

Special Local Regulation, Islamorada 

Grand Prix of the Seas, Islamorada, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation on 

the waters of the Atlantic Ocean in the 

vicinity of Islamorada, FL during the 

Islamorada Grand Prix of the Seas highspeed boat race. Approximately 70 highspeed boats and personal watercraft are 

expected to participate in the race, in 

addition to spectators. The special local 

regulation is necessary to ensure 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 two 

regulated areas: a race area and buffer 

zone; and a spectator area. This special 

local regulation prohibits nonparticipant persons and vessels from 

entering, transiting through, anchoring 

in, or remaining within the race area or 

buffer zone and prohibits vessels from 

transiting in excess of wake speed 

within the spectator area unless 

authorized by the Captain of the Port 

Key West or a designated representative. 

DATES: This rule is effective from daily 

from 8 a.m. to 5 p.m. on August 19, 

2017 through August 20, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0556 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 Lieutenant Scott Ledee, 

Waterways Management Division Chief, 

Sector Key West, FL, U.S. Coast Guard; 

telephone (305) 292–8768, email 

SKWWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule 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 

insufficient time remains to publish an 

NPRM and to receive public comments, 

as the Islamorada Grand Prix event will 

occur before the rulemaking process 

would be completed. Because of the 

dangers associated with high-speed 

races in the marine environment, the 

special local regulation is necessary to 

provide for the safety of event 

participants, spectators, the general 

public, and vessels transiting the event 

area. For those reasons, it would be 

impracticable to publish an NPRM. 

For the reason discussed above, under 

5 U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making this 


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38824 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations 

rule effective less than 30 days after 

publication in the Federal Register. 

III. Legal Authority and Need for Rule 

The legal basis for this rule is the 

Coast Guard’s authority to establish 

special local regulations is 33 U.S.C. 

1233. The purpose of the rule is to 

ensure safety of life on the navigable 

waters of the United States during the 

Islamorada Grand Prix of the Seas highspeed race event. 

IV. Discussion of the Rule 

This rule establishes a special local 

regulation that will encompass certain 

waters in the vicinity of Islamorada, 

Florida, during the Islamorada Grand 

Prix of the Seas high-speed boat race. 

The special local regulation will be 

enforced daily from 8 a.m. to 5 p.m. on 

August 19, 2017 through August 20, 

2017. The special local regulation will 

establish the following regulated areas: 

(1) A race area and buffer zone; and (2) 

a spectator area. Within the race area 

and buffer zone, non-participant 

persons and vessels are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area without obtaining permission from 

the COTP Key West or a designated 

representative. Within the spectator 

area, all persons and vessels are 

prohibited from traveling in excess of 

wake speed without obtaining 

permission from the COTP Key West or 

a designated representative. 

Persons and vessels may request 

authorization to enter, transit through, 

anchor in, remain within, or transit in 

excess of wake speed within the 

regulated area by contacting the COTP 

Key West by telephone at ((305) 292– 

8772 or a designated representative via 

VHF radio on channel 16. If 

authorization is granted by the COTP 

Key West or a designated representative, 

all persons and vessels receiving such 

authorization must comply with the 

instructions of the COTP Key West or a 

designated representative. 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. 

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 (Regulatory 

Planning and Review) and 13563 

(Improving Regulation and Regulatory 

Review) 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 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying costs and benefits, reducing 

costs, harmonizing rules, and promoting 

flexibility. Executive Order 13771 

(Reducing Regulation and Controlling 

Regulatory Costs) directs agencies to 

reduce regulation and control regulatory 

costs and provides that ‘‘for every one 

new regulation issued, at least two prior 

regulations be identified for elimination, 

and that the cost of planned regulations 

be prudently managed and controlled 

through a budgeting process.’’ 

The Office of Management and Budget 

(OMB) has not designated this rule a 

significant regulatory action under 

section 3(f) of Executive Order 12866. 

Accordingly, OMB has not reviewed it. 

As this rule is not a significant 

regulatory action, this rule is exempt 

from the requirements of Executive 

Order 13771. See the OMB 

Memorandum titled ‘‘Interim Guidance 

Implementing Section 2 of the Executive 

Order of January 30, 2017 titled 

‘Reducing Regulation and Controlling 

Regulatory Costs’’’ (February 2, 2017). 

The economic impact of this rule is 

not significant for the following reasons: 

(1) The special local regulation will be 

enforced for only nine hours daily, from 

August 19, 2017 through August 20, 

2017; (2) although persons and vessels 

may not enter, transit through, anchor 

in, or remain within the race area or 

buffer zone without authorization from 

the COTP Key West or a designated 

representative, vessel traffic will be able 

to safely transit around the regulated 

areas; (3) persons and vessels would 

still be able to enter, transit through, 

anchor in, or remain within the race 

area and buffer zone or transit in excess 

of wake speed in the spectator zone if 

authorized by the COTP Key West or a 

designated representative; and (4) the 

Coast Guard will provide advance 

notice of the special local regulation to 

the local maritime community by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, or by on-scene designated 

representatives. 

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 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 regulated 

areas 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 


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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations 38825 

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 

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 

will 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 

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 that will 

prohibit non-participant persons and 

vessels from entering, transiting 

through, anchoring in, or remaining 

within a limited race area and will also 

prohibit persons and vessels from 

transiting at more than wake speed 

within a limited spectator area during a 

two day race event lasting nine hours 

daily. This rule is categorically 

excluded from further review under 

paragraph 34(h) of Figure 2–1 of the 

Commandant Instruction. A Record of 

Environmental Consideration (REC) 

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 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. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary § 100.T07–0556 to 

read as follows: 

§ 100.T07–0556 Special Local Regulations; 

Islamorada Grand Prix of the Seas; 

Islamorada, FL 

(a) Location. The following regulated 

areas are established as a special local 

regulation. All coordinates are North 

American Datum 1983. 

(1) Race Area and Buffer Zone. All 

waters in the vicinity of Islamorada, FL 

encompassed within an imaginary line 

connecting the following points: 

Starting at Point 1 in position 24°56.300′ 

N., 080°34.750′ W.; thence west to Point 

2 in position 24°55.750′ N., 080°35.570′ 

W.; thence south to Point 3 in position 

24°55.153′ N., 080°35.306′ W.; thence 

east to Point 4 in position 24°55.643′ N., 

080°34.464′ W.; thence north back to the 

point of origin in position 24°56.300′ N., 

080°34.750′ W. 

(2) Spectator Area. All waters in the 

vicinity of Islamorada excluding the 

regulated area, encompassed within an 

imaginary line connecting the following 

points: Starting at Point 1 in position 

24°56.17′ N., 080°35.08′ W.; thence west 

to Point 2 in position 24°56.02′ N., 

080°35.30′ W.; thence south to Point 3 

in position 24°55.96′ N., 080°35.26′ W.; 

thence east to Point 4 in position 

24°56.11′ N., 080°35.04′ W.; thence 

north back to the point of origin in 

position 24°56.17′ N., 080°35.08′ 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 

Captain of the Port Key West 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 and buffer zone 

unless authorized by the Captain of the 

Port Key West or a designated 

representative. 

(2) All persons and vessels are 

prohibited from transiting in excess of 

wake speed in the spectator area, unless 

authorized by the Captain of the Port 

Key West or a designated representative. 

(3) Persons and vessels desiring to 

enter, transit through, anchor in, remain 

within or transit in excess of wake 

speed within any of the regulated areas 

may contact the Captain of the Port Key 

West by telephone at (305) 292–8772, or 

a designated representative via VHF–FM 

radio on channel 16 to request 

authorization. If authorization is 

granted, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port Key West 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 daily from 8 a.m. to 5 p.m. 

on August 19, 2017 through August 20, 

2017. 

Dated: August 10, 2017. 

J.A. Janszen, 

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

Port Key West. 

[FR Doc. 2017–17238 Filed 8–15–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0388; FRL–9966–22– 

Region 4] 

Air Plan Approval; SC: Standards for 

Volatile Organic Compounds and 

Oxides of Nitrogen 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve changes to the South 


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