Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules 44751 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2017–0598] 

RIN 1625–AA08 

Special Local Regulation; Gulf of 

Mexico; Englewood, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish special local regulation on the 

waters of the Gulf of Mexico in the 

vicinity of Englewood, Florida during 

the OPA World Championships High 

Speed Boat Race, an annually recurring 

event in the month of November. 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 

the following three areas: A race 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; a spectator area where all 

vessels must be anchored or operate at 

No Wake Speed; and an enforcement 

area where designated representatives 

may control vessel traffic as determined 

by the prevailing conditions. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before October 26, 2017. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2017–0598 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Marine Science Technician First 

Class Michael D. 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 proposes to establish 

a special local regulation on the waters 

of the Gulf of Mexico in the vicinity of 

Englewood, Florida during the OPA 

World Championships High Speed Boat 

Race. The race normally occurs 

annually from 9 a.m. to 5 p.m. on the 

third weekend of November (Friday, 

Saturday, and Sunday). Approximately 

60 boats, ranging in length from 22 feet 

to 50 feet, traveling at speeds in excess 

of 77 miles per hour are expected to 

participate. Additionally, it is 

anticipated that 100 spectator vessels 

will be present along the race course. 

This proposed rulemaking is 

necessary to provide for the safety of 

race participants, participant vessels, 

spectators, and the general public on 

these navigable waters of the United 

States during the OPA World 

Championships. The Coast Guard 

proposes this rulemaking under 

authority in 33 U.S.C. 1233. 

III. Discussion of Proposed Rule 

This proposed rulemaking would 

establish a special local regulation that 

will encompass certain waters of the 

Gulf of Mexico in Englewood, Florida. 

The special local regulation will be 

enforced daily from 9:00 a.m. until 5:00 

p.m. during the race event. The special 

local regulation will establish the 

following three areas: (1) A race 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; (2) a spectator area where all 

vessels must be anchored or operate at 

No Wake Speed; and (3) an enforcement 

area where designated representatives 

may control vessel traffic as determined 

by the prevailing conditions. 

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 

regulations by Local Notice to Mariners 

and/or Broadcast Notice to Mariners. 

IV. 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 NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the NPRM 

has not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

The economic impact of this rule is 

not significant for the following reasons: 

(1) The special local regulation will be 

enforced for only eight hours on three 

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 spectator 

area, 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 

44752 Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to enter, transit 

through, anchor in, or remain within 

that portion of the Gulf of Mexico 

encompassed within the special local 

regulation may be small entities, for the 

reasons stated in section IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule. If the 

rule would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

C. Collection of Information 

This 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 an 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security 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 

preliminary determination that this 

action is one of a category of actions that 

do not individually or cumulatively 

have a significant effect on the human 

environment. This proposed rule 

involves a special local regulation 

issued in conjunction with a regatta or 

marine parade. Normally such actions 

are categorically excluded from further 

review under paragraph 34(h) of Figure 

2–1 of Commandant Instruction 

M16475.lD. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comments can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, you may review a Privacy 

Act notice regarding the Federal Docket 

Management System in the March 24, 

2005, issue of the Federal Register (70 

FR 15086). 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

Web site’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard 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 Special Local Regulation 

§ 100.735 to read as follows: 

§ 100.735 Special Local Regulation; 

Annual OPA World Championships, Gulf of 

Mexico; Englewood Beach, FL. 

(a) Regulated Areas. The following 

regulated areas are established as 

special local regulations. All 

coordinates are North American Datum 

1983. 

(1) Race Area. All waters of the Gulf 

of Mexico contained within the 

following points: 26°56′00′′ N., 

082°21′11′′ W., thence to position 

26°55′59′′ N., 082°22′16′′ W., thence to 

position 26°54′22′′ N., 082°21′20′′ W., 

thence to position 26°54′24′′ N., 

082°21′16′′ W., thence to position 

26°54′25′′ N., 082°21′17′′ W., thence 

Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules 44753 

back to the original position, 26°56′00′′ 

N., 082°21′11′′ W. 

(2) Spectator Area. All waters of the 

Gulf of Mexico contained with the 

following points: 26°55′33′′ N., 

082°22′21′′ W., thence to position 

26°54′14′′ N., 082°21′35′′ W., thence to 

position 26°54′11′′ N., 082°21′40′′ W., 

thence to position 26°55′31′′ N., 

082°22′26′′ W., thence back to position 

26°55′33′′ N., 082°22′21′′ W. 

(3) Enforcement Area. All waters of 

the Gulf of Mexico encompassed within 

the following points: 26°56′09′′ N., 

082°22′12′′ W., thence to position 

26°54′13′′ N., 082°21′03′′ W., thence to 

position 26°53′58′′ N., 082°21′43′′ W., 

thence to position 26°55′56′′ N., 

082°22′48′′ W., thence back to position 

26°56′09′′ N., 082°22′12′′ 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 persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the Race Area unless an 

authorized race participant. 

(2) Designated representatives may 

control vessel traffic throughout the 

enforcement area as determined by the 

prevailing conditions. 

(3) All vessels are to be anchored and/ 

or operate at a No Wake Speed in the 

spectator area. On-scene designated 

representatives will direct spectator 

vessels to the spectator area. 

(4) 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 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. 

(d) Enforcement Period. This rule will 

be enforced daily from 9 a.m. to 5 p.m. 

on the third weekend of November 

(Friday, Saturday and Sunday). 

Dated: September 20, 2017. 

Holly L. Najarian, 

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

Port Saint Petersburg. 

[FR Doc. 2017–20534 Filed 9–25–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2017–0129; FRL–9967–64– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Louisiana; 

Regional Haze State Implementation 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is amending our recent proposal to 

approve a revision to the Louisiana 

State Implementation Plan (SIP) for 

regional haze submitted for parallel 

processing on August 24, 2017. On July 

13, 2017, we proposed to approve a SIP 

revision by the State of Louisiana 

through the Louisiana Department of 

Environmental Quality (LDEQ) to 

address certain Best Available Retrofit 

Technology requirements under 

Regional Haze for the Entergy R. S. 

Nelson facility (Nelson), which is an 

electric generating unit in Calcasieu 

Parish. We now amend that proposal, by 

proposing to approve a compliance date 

three years from the effective date of the 

final EPA approval of the SIP revision 

for Nelson to meet an emission limit for 

sulfur dioxide (SO2) emissions. 

DATES: Written comments must be 

received on or before October 26, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2017–0129, at http://

www.regulations.gov or via email to 

huser.jennifer@epa.gov. Follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact Jennifer Huser, 214–665–7347, 

huser.jennifer@epa.gov. For the full EPA 

public comment policy, information 

about CBI or multimedia submissions, 

and general guidance on making 

effective comments, please visit http:// 

www2.epa.gov/dockets/commentingepa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at the EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Huser, 214–665–7347, 

huser.jennifer@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Ms. Huser or Mr. Bill 

Deese at 214–665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

Regional haze is visibility impairment 

that is produced by a multitude of 

sources and activities which are located 

across a broad geographic area and emit 

fine particles (PM2.5) (e.g., sulfates, 

nitrates, organic carbon, elemental 

carbon, and soil dust) and their 

precursors. Fine particle precursors, 

such as SO2, react in the atmosphere to 

form PM2.5, which also impair visibility 

by scattering and absorbing light. The 

CAA’s visibility protection program 

helps to protect clear views in national 

parks and wilderness areas identified as 

‘‘Class I Federal areas’’ (CAA section 

169A, 40 CFR 51 subpart P and 40 CFR 

81 subpart D). Vistas in these areas are 

often obscured by visibility-impairing 

pollutants caused by emissions from 

numerous sources located over a wide 

geographic area. The program requires 

SIPs to address visibility-impairing 

pollutants. For more information on 

regional haze, visibility protection, and 

SIPs please see our May 19, 2017 and 

July 13, 2017 Federal Register proposals 

for Louisiana EGUs discussed below. 

These proposals can be accessed 

through regulations.gov (docket EPA– 

R06–OAR–207–0129). 

On May 19, 2017, we published a 

proposal to approve a Louisiana SIP 

revision to address regional haze 

requirements for EGUs with the 

exception of the Entergy R. S. Nelson 

EGU (Entergy Nelson) in Calcasieu 

Parish (82 FR 22936). On July 13, 2017, 

we published a proposal to approve a 

proposed Louisiana SIP revision