[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Rules and Regulations]
[Pages 59819-59821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23531]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-0101]
RIN 1625-AA08


Special Local Regulation; Clearwater Super Boat National 
Championship Race, Gulf of Mexico; Clearwater, 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 Clearwater, Florida 
during the Clearwater Super Boat National Championship Race. The race 
is scheduled to take place from 9:30 a.m. to 4 p.m. on September 29, 
2013. Approximately 35 boats, ranging in length from 24 feet to 50 
feet, traveling at speeds in excess of 100 miles per hour are expected 
to participate. Additionally, it is anticipated that 400 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 the 
navigable waters of the United States during the event. The special 
local regulation will temporarily restrict vessel traffic in the waters 
of the Gulf of Mexico in the vicinity of Clearwater, Florida. 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 
buffer area, where all persons and vessels, except those vessels 
enforcing the buffer area, are prohibited from entering, transiting 
through, anchoring in, or remaining within; and a spectator area, where 
all vessels must be anchored or operate at No Wake Speed.

DATES: This rule will be effective from 9:30 a.m. to 4:30 p.m. on 
September 29, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0101. To view documents mentioned in this preamble as being 
available in the docket, go to 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 rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Marine Science Technician First 
Class Hector I. Fuentes, Sector St. Petersburg Prevention Department, 
Coast Guard; telephone (813) 228-2191, email [email protected]. 
If you have questions on viewing or submitting material to the docket, 
call Barbara Hairston, Program Manager, Docket Operations, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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 with 
respect to this rule because due to the extended time required to 
address the associated safety concerns of high speed boat races and the 
need to de-conflict other marine events being held in the area. 
Additional time was required to coordinate the necessary safety 
parameters and interagency participation required to adequately patrol 
the event. As a result, the Coast Guard did not have sufficient time to 
publish an NPRM and to receive public comments prior to the event. Any 
delay in the effective date of this rule may result in its failure to 
be in effect during the event in question and would be contrary to the 
public interest because immediate action is needed to minimize 
potential danger to the public during this event.
    For the same reason discussed above, 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.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233. The purpose of the 
rule is to provide for the safety of life on navigable waters of the 
United States during the Clearwater Super Boat National Championship 
Race.

C. Discussion of Rule

    On September 29, 2013, Super Boat International Production, Inc. is 
sponsoring the Clearwater Super Boat National Championship Race, a 
series of high speed boat races. The races will be held on the waters 
of the Gulf of Mexico in Clearwater, Florida. Approximately 35 high 
speed power boats are anticipated to participate in the races. It is 
anticipated that approximately 400 spectator vessels will be present 
during the races.

[[Page 59820]]

    The rule will establish a special local regulation that will 
encompass certain waters of the Gulf of Mexico in Clearwater, Florida. 
The special local regulations will be enforced from 9:30 a.m. until 
4:30 p.m. on September 29, 2013. The special local regulations will 
establish the following two 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 buffer area, where all persons 
and vessels, except those vessels enforcing the buffer area, are 
prohibited from entering, transiting through, anchoring in, or 
remaining within; and (3) a spectator area, where all vessels must be 
anchored or operate at No Wake Speed.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the race area or buffer zone by 
contacting the Captain of the Port St. Petersburg by telephone at (727) 
824-7524, or a designated representative via VHF radio on channel 16. 
If authorization to enter, transit through, anchor in, or remain within 
the race area or buffer zone is granted by the Captain of the Port St. 
Petersburg or a designated representative, all persons and vessels 
receiving such authorization must comply with the instructions of the 
Captain of the Port St. Petersburg or a designated representative. The 
Coast Guard will provide notice of the special local regulations by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulations will be enforced 
for only seven hours; (2) although persons and vessels are prohibited 
to enter, transit through, anchor in, or remain within the race area or 
buffer zone without authorization from the Captain of the Port 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 race 
area and buffer zone, or anchor in the spectator area, during the 
enforcement period if authorized by the Captain of the Port St. 
Petersburg or a designated representative; and (4) the Coast Guard will 
provide advance notification of the special local regulations to the 
local maritime community by Local Notice to Mariners and Broadcast 
Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act (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.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of the Gulf 
of Mexico in Clearwater, Florida, encompassed within the special local 
regulations from 9:30 a.m. until 4:30 p.m. on September 29, 2013. For 
the reasons discussed in the Regulatory Planning and Review section 
above, namely, the special local regulation is only in effect for seven 
hours and traffic may pass through the zone with the permission of the 
Captain of the Port or a designated representative, and is free to 
transit around the zone, this rule will not have a significant economic 
impact on a substantial number of small entities.

3. Assistance for Small Entities

    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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.

[[Page 59821]]

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 (NEPA) (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 special local regulations issued in 
conjunction with a regatta or marine parade. This rule is categorically 
excluded from further review under paragraph (34)(h) of Figure 2-1 of 
the Commandant Instruction. An environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are 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.

E. 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:  33 U.S.C. 1233.


0
2. Add a temporary Sec.  100.35T07-0101 to read as follows:


Sec.  100.35T07-0101  Special Local Regulations; Clearwater Super Boat 
National Championship Race, Gulf of Mexico; Clearwater, 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: 27[deg]58.96' N, 82[deg]50.05' W, thence to 
position 27[deg]58.60' N, 82[deg]50.04' W, thence to position 
27[deg]58.64' N, 82[deg]50.14' W, thence to position 28[deg]00.43' N, 
82[deg]50.02' W, thence to position 28[deg]00.45' N, 82[deg]50.13' W, 
thence back to the start/finish position.
    (2) Buffer Area. All waters of the Gulf of Mexico encompassed 
within the following points: 27'58.44' N, 82[deg]50.24' W, thence to 
position 27[deg]58.27' N, 82[deg]49.92' W, thence to position 
28[deg]00.59' N, 82[deg]50.23' W, thence to position 28[deg]00.65' N, 
82[deg]49.71' W, thence back to position 27[deg]58.44' N, 82[deg]50.24' 
W.
    (2) Spectator Area. All waters of Gulf of Mexico seaward of the 
following points: 27[deg]58.60' N, 82[deg]50.23' W, thence to position 
28[deg]00.47' N, 82[deg]50.24' W. 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.
    (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 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) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the Buffer area, 
except for those vessels enforcing the buffer area or authorized race 
participants transiting to the race area.
    (3) Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated areas by contacting 
the Captain of the Port St. Petersburg by telephone at (727) 824-7524, 
or a designated representative via VHF radio on channel 16. If 
authorization is granted by the Captain of the Port St. Petersburg or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port St. Petersburg or a designated representative.
    (4) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Effective Date. This rule will be enforced from 9:30 a.m. until 
4:30 p.m. on September 29, 2013.

    Dated: September 13, 2013.
G. D. Case,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2013-23531 Filed 9-26-13; 11:15 am]
BILLING CODE 9110-04-P