[Federal Register Volume 79, Number 26 (Friday, February 7, 2014)]
[Proposed Rules]
[Pages 7408-7410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02664]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-0789]
RIN 1625-AA08


Special Local Regulation; Suncoast Offshore Grand Prix; Gulf of 
Mexico, Sarasota, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the permanent special local 
regulations for the Suncoast Offshore Challenge and the Suncoast 
Offshore Grand Prix in the Gulf of Mexico near Sarasota, Florida. These 
changes would adjust the timing and affected areas of two existing 
regulated areas. The changes are necessary to provide for the safety of 
life on navigable waters during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 3, 2014. Requests for public meetings must be 
received by the Coast Guard on or before March 3, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is (202) 366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Brett Sillman, Sector Saint 
Petersburg Waterways Management Branch, U.S. 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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2013-0789 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may

[[Page 7409]]

change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2013-0040 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The Annual Suncoast Offshore Challenge and Annual Suncoast Offshore 
Grand Prix in the Gulf of Mexico near Sarasota, Florida are governed by 
permanent regulations at 33 CFR 100.719 and 33 CFR 100.720, 
respectively.

C. 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, 33 CFR 1.05-1.
    The purpose of the regulation is to consolidate the Annual Suncoast 
Offshore Challenge at 33 CFR 100.719 and Annual Suncoast Offshore Grand 
Prix 33 CFR 100.720 into a single regulation to provide safety of life 
on the navigable waters in the Captain of the Port Saint Petersburg 
Zone. The marine events are normally held on the first Saturday and 
Sunday of July between 10 a.m. and 4 p.m. Event coordinators have 
decided to combine the two events to take place annually on the first 
Sunday of July between 10 a.m. and 4 p.m. Event coordinators are also 
reducing the length of the racecourse so that Big Sarasota Pass channel 
may remain open during the event. In recent years, areas north of New 
Pass have been subjected to shoaling. To ensure the safety of boaters, 
the Coast Guard also proposes to close New Pass during the race because 
the north end of the course is close to the channel.

D. Discussion of Proposed Rule

    This proposed rule is necessary to accommodate the rescheduling of 
the Annual Suncoast Offshore Challenge to the same date of the Annual 
Suncoast Offshore Grand Prix race, to modify the regulated area to 
account for changes in the length of the racecourse, and to modify the 
passes for inbound and outbound traffic into Sarasota Bay. The proposed 
rule would remove 33 CFR 100.719, the existing permanent regulation for 
the Annual Suncoast Offshore Challenge scheduled for the first Saturday 
in July. That event would be consolidated with 33 CFR 100.720, the 
Annual Suncoast Offshore Grand Prix into a one-day race event to be 
held on the already established Grand Prix race day, annually on the 
first Sunday of July. Under the existing special local regulations, New 
Pass is open to maritime traffic and Big Sarasota Pass is closed to 
traffic. Due to recent shoaling north of New Pass, the proposed rule 
would close New Pass and open Big Sarasota Pass to inbound and outbound 
traffic. Additionally, the coordinates of the regulated area would be 
modified to reflect a reduced length in the racecourse.

E. Regulatory Analyses

    We developed this proposed 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 proposed 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.
    This regulation is not a significant regulatory action because this 
change constitutes merging and modification of existing regulations. 
This rule may have some impact on the public, but these potential 
impacts will be minimized for the following reason: Big Sarasota Pass 
is within three miles of New Pass and would allow vessels to continue 
to enter and exit Sarasota Bay.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    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.

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 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, above. 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.

4. Collection of Information

    This proposed 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 proposed rule under that Order and 
determined that this rule does not have implications for federalism.

[[Page 7410]]

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 proposed rule would not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

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

11. Indian Tribal Governments

    This proposed 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.

12. Energy Effects

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

14. 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 (NEPA)(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 rule is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A preliminary environmental analysis checklist 
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 
proposed rule.

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 proposes 
to amend 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; Department of Homeland Security 
Delegation No. 0170.1


Sec.  100.719  [Removed]

0
2. Remove Sec.  100.719.
0
3. Revise Sec.  100.720 to read as follows:


Sec.  100.720  Annual Suncoast Offshore Grand Prix, Gulf of Mexico, 
Sarasota, FL.

    (a) Regulated area. The regulated area is established by a line 
drawn from the start line position 27[deg]18.40' N, 82[deg]35.36' W, 
thence to turn 1 position 27[deg]16.74' N, 82[deg]34.92' W, thence to 
turn 2 position 27[deg]18.20' N, 82[deg]34.51' W, thence to turn 3 
position 27[deg]18.67' N, 82[deg]35.09' W, thence to turn 4 position 
27[deg]18.66' N, 82[deg]35.45' W, thence to the finish line position 
27[deg]18.64' N, 82[deg]35.00' W. All coordinates referenced use datum: 
NAD 1983.
    (b) Special local regulations. (1) Spectator craft will be 
permitted to anchor shoreward of the shoreside boundaries, in the 
spectator area 500 yards from the regulated area between position 
27[deg]18.02' N, 82[deg]34.42' W and position 27[deg]16.85' N, 
82[deg]34.67' W.
    (2) Spectator craft will be permitted to anchor seaward of the 
seaside boundaries, in the spectator area 500 yards from the regulated 
area between position 27[deg]18.54' N, 82[deg]35.56' W and position 
27[deg]16.64' N, 82[deg]35.07' W.
    (3) All vessel traffic not involved with the Suncoast Offshore 
Grand Prix shall enter and exit Sarasota Bay via Big Sarasota Pass and 
stay well clear of the racecourse.
    (4) New Pass will be closed to all inbound and outbound vessel 
traffic at the COLREGS Demarcation Line. Vessels are allowed to utilize 
New Pass to access all areas inland of the Demarcation Line via 
Sarasota Bay. It may be opened at the discretion of the Patrol 
Commander.
    (5) Entry into the regulated area shall be in accordance with this 
regulation. Spectator craft will stay clear of the race area at all 
times.
    (c) Effective date. This section is effective from 10 a.m. to 4 
p.m. EDT, annually during the first Sunday of July.

    Dated: January 21, 2014.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2014-02664 Filed 2-6-14; 8:45 am]
BILLING CODE 9110-04-P