[Federal Register Volume 79, Number 145 (Tuesday, July 29, 2014)]
[Rules and Regulations]
[Pages 43933-43935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17833]


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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: Final rule.

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SUMMARY: The Coast Guard is amending the permanent special local 
regulations for the Suncoast Offshore Challenge and the Suncoast 
Offshore Grand Prix in the Gulf of Mexico near Sarasota, Florida. 
Reflected in the existing permanent special local regulations, these 
two races have nearly identical course and time characteristics, 
however, one event used to be held annually on the first Saturday of 
July and the other event is held annually on the first Sunday of July. 
The sponsor has decided to combine the events into a single day, reduce 
the length of the racecourse, and modify the time of the event. Due to 
recent shoaling north of New Pass, it is necessary to amend the 
existing language to close New Pass and open Big Sarasota Pass to 
traffic. The changes are necessary to provide for the safety of life on 
navigable waters during the event.

DATES: This rule is effective August 28, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0789. 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 rule, 
call or email Marine Science Technician First Class Hector I. Fuentes, 
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 Cheryl

[[Page 43934]]

Collins, 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

    On February 7, 2014, a Notice of Proposed Rulemaking (NPRM) 
entitled, ``Special Local Regulations; Suncoast Offshore Grand Prix; 
Gulf of Mexico, Sarasota, FL'' was published in the Federal Register 
(see 79 FR 7408). We received no comments on the proposed rule. No 
public meeting was requested, and none was held.
    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. 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 will also close New Pass during the race because the 
north end of the course is close to the channel.

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 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.

C. Comments, Changes and the Final Rule

    There were no comments related to this event during the comment 
period and there was no request for a public meeting made during the 
comment period.
    This final 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 final 
rule removes 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 into existing 33 CFR 100.720, 
the Annual Suncoast Offshore Grand Prix race. The event listed in 33 
CFR 100.719 is 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, this final rule closes New Pass and 
opens 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.

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.
    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 rule on small entities. 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.
    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 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 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 would not result 
in such expenditure,

[[Page 43935]]

we do discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

    This 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 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 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 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 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 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 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(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.

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; 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.
    (c) Effective Date. This rule is effective annually during the 
first Sunday of July from 10 a.m. to 4 p.m.

    Dated: June 26, 2014.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2014-17833 Filed 7-28-14; 8:45 am]
BILLING CODE 9110-04-P