Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations 50575 

[FR Doc. 2017–23702 Filed 10–31–17; 8:45 am] 

BILLING CODE 4334–63–C 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2017–0552] 

RIN 1625–AA08 

Special Local Regulation; Atlantic 

Ocean, Ft. Lauderdale, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a recurring special local 

regulation for navigable waters of the 

Atlantic Ocean in the vicinity of Fort 

Lauderdale, FL for the Fort Lauderdale 

Grand Prix of the Seas. The Fort 

Lauderdale Grand Prix of the Seas race 

course is located east of South Beach 

Park and North of the Port Everglades 

inlet. Approximately 100 high-speed 

personal watercraft will be participating 

in the event. The special local 

regulation is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

during the race event. All vessels and 

persons in the regulated area must 

follow the direction of Coast Guard 

personnel, law enforcement, and race 

officials. 

DATES: This rule is effective November 

1, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0552 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 Petty Officer Mara J. Brown, 

Sector Miami Waterways Management 

Division, U.S. Coast Guard; telephone 

(305) 535–4317, email Mara.J.Brown@

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 June 7, 2017, the company 

Powerboat P1–USA, LLC notified the 

Coast Guard that it will be conducting 

the Ft. Lauderdale Grand Prix of the 

Seas race annually. This event will 

occur yearly on one weekend (Friday, 

Saturday, and Sunday) in November. 

The race course will be located directly 

east of South Beach Park in Ft. 

Lauderdale, FL. The special local 

regulation is intended to protect 

personnel, vessels, and the marine 

environment. On September 6, 2017, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) entitled, 

‘‘Special Local Regulation; Atlantic 

Ocean, Ft. Lauderdale, FL’’ (82 FR 

42050). Therein we stated why we 

issued the NPRM, and invited 

comments on our proposed regulatory 

action related to this race During the 

comment period that ended October 6, 

2017, we received five 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 this event which will 

take place this year on November 17, 

2017. 

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 Miami (COTP) has 

determined that that potential hazards 

associated with the high speeds of the 

participants during the races would be 

a safety concern for anyone who would 

enter the race area. The purpose of this 

rulemaking is to ensure the safety of 

vessels and the navigable waters within 

the established race area, marked with 

buoys. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received five 

comments on our NPRM published 

September 6, 2017. All comments were 

in favor of this regulation. 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 for this event occuring 

annually on one weekend (Friday, 

Saturday, and Sunday) in November, 

with the precise date of the event each 

year to be published in a notice of 

enforcement in the Federal Register. 

The special local regulation covers all 


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50576 Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations 

navigable waters within the established 

race area, marked with buoys, 

approximately one mile north of the 

Port Everglades inlet. The duration of 

the zone is intended to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

during the Fort Lauderdale Grand Prix 

of the Seas race event. Only those 

vessels participating in the event may 

enter, transit through, anchor in, or 

remain within the regulated area, and 

all vessels and persons in the regulated 

area must follow the direction of Coast 

Guard personnel, law enforcement, and 

race officials. 

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, and timeof-year of the special local regulation. 

Vessel traffic will be able to safely 

transit around this regulated area, which 

will impact a small designated area of 

the Atlantic Ocean in Fort Lauderdale, 

FL, directly adjacent to the shore, for 

three days. 

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 received no 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 

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 

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 lasting three 

days that will impact a small area in the 

vicinity of the Port Everglades Inlet. It 

is categorically excluded from further 

review under paragraph 34(h) of Figure 

201 of the Commandant Instructions. 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: 


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Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations 50577 

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 § 100.723 to read as follows: 

§ 100.723 Special Local Regulation; Fort 

Lauderdale Grand Prix of the Seas; Fort 

Lauderdale, FL. 

(a) Location. The following regulated 

area is established as a special local 

regulation. All navigable waters 

contained within an imaginary line 

connecting the following points: 

beginning at Point 1 in position 26°6′21′′ 

N., 080°5′51′′ W.; thence west to Point 

2 in position 26°6′21′′ N., 080°6′13′′ W.; 

thence north to Point 3 in position 

26°6′57′′ N., 080°6′13′′ W.; thence east to 

Point 4 in position 26°6′57′′ N., 

080°5′52′′ W., thence back to origin at 

point 1. All coordinates are North 

American Datum 1983. 

(b) Definition. The following 

definitions apply to this section: 

(1) 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 Miami in the 

enforcement of the regulated areas. 

(2) The term ‘‘Patrol Commander’’ 

means a commissioned, warrant, or 

petty officer of the Coast Guard who has 

been designated by the respective Coast 

Guard Sector Commander to enforce 

these regulations. 

(3) The term ‘‘spectators’’ means all 

persons and vessels not registered with 

the event sponsor as participants or 

official patrol vessels. 

(c) Regulations. (1) All nonparticipant persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the regulated area unless 

authorized by the Captain of the Port 

Miami or a designated representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, remain 

within or transit in excess of wake 

speed within any of the regulated area 

may contact the Captain of the Port 

Miami by telephone at (305) 535–8701, 

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 Miami or a 

designated representative. 

(3) The Coast Guard will use all 

appropriate means to notify the public 

in advance of an event of the 

enforcement of the regulations in this 

section to include publishing a Notice of 

Enforcement in the Federal Register and 

through the local Notice to Mariners and 

Broadcast Notice to Mariners. 

(d) Enforcement date. This section 

will be enforced annually on a weekend 

(Friday, Saturday and Sunday) in the 

month of November. 

Dated: October 23, 2017. 

J.H.D. Solomon, 

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

Port Miami. 

[FR Doc. 2017–23708 Filed 10–31–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0967] 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway, 

Alligator River, Columbia, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the US 64/ 

Alligator River Bridge which carries US 

64 over the Atlantic Intracoastal 

Waterway (AICW), Alligator River, mile 

84.2, near Columbia, NC. The deviation 

is necessary to facilitate bridge 

maintenance. This deviation allows the 

bridge to remain in the closed-tonavigation position. 

DATES: The deviation is effective from 7 

a.m. on November 6, 2017, through 7 

p.m. on November 17, 2017. 

ADDRESSES: The docket for this 

deviation, USCG–2017–0967 is available 

at http://www.regulations.gov. Type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH’’. Click on Open 

Docket Folder on the line associated 

with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Michael 

Thorogood, Bridge Administration 

Branch Fifth District, Coast Guard, 

telephone 757–398–6557, email 

Michael.R.Thorogood@uscg.mil. 

SUPPLEMENTARY INFORMATION: The North 

Carolina Department of Transportation, 

owner and operator of the US 64/ 

Alligator River Bridge that carries US 64 

over the AICW, Alligator River, mile 

84.2, at near Columbia, NC, has 

requested a temporary deviation from 

the current operating schedule to 

facilitate application of an epoxy 

overlay for the drawbridge’s entire 

bridge deck. The bridge has a vertical 

clearance of 14 feet above mean high 

water in the closed position and 

unlimited feet above mean high water in 

the open position. 

The current operating schedule is set 

out in 33 CFR 117.5. Under this 

temporary deviation, the bridge will be 

in the closed-to-navigation position 

from 7 a.m. to 7 p.m.; on Monday, 

November 6, 2017, through Saturday, 

November 11, 2017, and Monday, 

November 13, 2017, through Friday, 

November 17, 2017. 

The AICW, Alligator River is used by 

a variety of vessels including, small 

commercial vessels, tug and barge 

traffic, and recreational vessels. The 

Coast Guard has carefully coordinated 

the restrictions with waterway users in 

publishing this temporary deviation. 

Vessels able to pass through the 

bridge in the closed-to-navigation 

position may do so at any time. The 

bridge will open on signal during 

closure period, if at least 2 hours notice 

is given. The bridge will be able to open 

for emergencies and there is no 

immediate alternative route for vessels 

unable to pass through the bridge in the 

closed position. The Coast Guard will 

also inform the users of the waterway 

through our Local Notice and Broadcast 

Notices to Mariners of the change in 

operating schedule for the bridge so 

vessel operators can arrange their 

transits to minimize any impact caused 

by the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: October 27, 2017. 

Hal R. Pitts, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2017–23745 Filed 10–31–17; 8:45 am] 

BILLING CODE 9110–04–P 


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