[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33122-33124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13479]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0339]
RIN 1625-AA08
Special Local Regulation; Gulf of Mexico; Sarasota, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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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 Sarasota Powerboat Grand Prix. Approximately 70
boats and jet skis, traveling at speeds in excess of 100 miles per hour
are expected to participate. Additionally, it is anticipated that 100
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 certain navigable waters of the Gulf of Mexico, Lido Beach, Florida
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
the regulated area without obtaining permission from the Captain of the
Port St. Petersburg or a designated representative.
DATES: This rule will be enforced daily from 10 a.m. until 7 p.m., on
June 25, 2021 through June 27, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0339 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 [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. 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 it is impracticable. This temporary
rule references a date change and a change to the regulated area to an
annual recurring special local regulation that already exists in 33 CFR
100.703, Table 1 to 100.703, Line 5. For this year, we received the
date changes and the coordinate changes from the Sarasota Powerboat
Grand Prix/Powerboat P-1 USA, LLC with insufficient time to publish an
NPRM and receive public comment on these changes, 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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with Sarasota Grand
Prix.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port St. Petersburg has determined that
potential hazards associated with the race will be a danger to anyone
within the regulated area. 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.
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 10 a.m. to 7
p.m. on June 25, 2021 through June 27, 2021. 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 St. Petersburg (COTP) 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 or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the COTP 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.
[[Page 33123]]
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. 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).
This regulatory action determination is based on: (1) The special
local regulation will be enforced for 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
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
if authorized by the COTP 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
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
call or email 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.
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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 issued in conjunction with a regatta or marine
parade. It is categorically excluded from further review under
paragraph L61of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T07-0339 to read as follows:
Sec. 100.T07-0339 Special Local Regulations; Sarasota Powerboat
Grand Prix, Gulf of Mexico; Lido Beach, FL.
(a) Location. The following regulated area is a special local
regulation: All waters of the Gulf of Mexico contained within the
following points: 27[deg]17'54'' N, 082[deg]34'10'' W, thence to
position 27[deg]16'43'' N, 082[deg]35'49'' W, thence to position
27[deg]18'51'' N, 082[deg]38'06'' W, thence to position 27[deg]20'15''
N, 082[deg]35'59'' W, thence back to the
[[Page 33124]]
original position, 27[deg]17'54'' N, 082[deg]34'10'' W. All coordinates
are North American Datum 1983.
(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 non-participant 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 10
a.m. until 7 p.m.. on June 25, 2021 through June 27, 2021.
Dated: June 11, 2021.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2021-13479 Filed 6-23-21; 8:45 am]
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