[Federal Register Volume 80, Number 16 (Monday, January 26, 2015)]
[Rules and Regulations]
[Pages 3881-3882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00914]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2014-0657]
RIN 1625-AA08
Special Local Regulation; Clearwater Super Boat National
Championship; Gulf of Mexico, Clearwater, FL
AGENCY: Coast Guard, DHS.
ACTION: 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 Beach,
Florida during the Clearwater Super Boat National Championship. The
race is scheduled to take place annually on the last Saturday and
Sunday of September from approximately 10 a.m. to 5 p.m. 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 restrict vessel traffic in the waters of
the Gulf of Mexico in the vicinity of Clearwater, Florida. It 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 spectator area, where all vessels
must be anchored or operate at No Wake Speed; and an enforcement area
where designated representatives may control vessel traffic as
determined by the prevailing conditions.
DATES: This rule is effective March 1, 2015. This rule will be enforced
annually on the last weekend in September from 10 a.m. to 5 p.m. EDT.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0657. 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 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 establishing this Special Local Regulation on
the waters of the Gulf of Mexico in the vicinity of Clearwater Beach,
Florida during the Clearwater Super Boat National Championship. On
September 10, 2014, the Coast Guard published a notice proposing this
final rule. One comment was received in favor of this regulation.
The race is scheduled to take place annually from approximately 10
a.m. to 5 p.m. during the last Saturday and Sunday of September. This
rule 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.
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.
C. Comments, Changes and the Final Rule
The Coast Guard received one comment related to this event during
the comment period and there was no request for a public meeting made
during the comment period. The one comment received was in support of
the regulation.
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.
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
[[Page 3882]]
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, 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. A environmental analysis checklist supporting
this determination is 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.
0
2. Add Sec. 100.721 to read as follows:
Sec. 100.721 Special Local Regulations; Clearwater Super Boat
National Championship, Gulf of Mexico; Clearwater Beach, 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]58.67' N, 82[deg]50.32' W, thence to
position 27[deg]58.60' N, 82[deg]49.98' W, thence to position
28[deg]00.88' N, 82[deg]50.35' W, thence to position 28[deg]00.80' N,
82[deg]49.90' W, thence back to the original position, 28[deg]58.67' N,
82[deg]50.32' W.
(2) Spectator Area. All waters of Gulf of Mexico seaward no less
than 150 yards from the race area and as agreed upon by the Coast Guard
and race officials.
(3) Enforcement Area. All waters of the Gulf of Mexico encompassed
within the following points: 28[deg]58.67' N, 82[deg]50.62' W, thence
to position 28[deg]00.95' N, 82[deg]49.75' W, thence to position
27[deg]58.53' N, 82[deg]50.53' W, thence to position 27[deg]58.38' N,
82[deg]49.88' W, thence back to position 28[deg]58.67' N, 82[deg]50.62'
W.
(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) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
(3) 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.
(4) 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) 824-7506,
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.
(d) Enforcement Date. This section will be enforced annually from
approximately 10 a.m. to 5 p.m. EDT daily the last Saturday and Sunday
of September.
Dated: January 5, 2015.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2015-00914 Filed 1-23-15; 8:45 am]
BILLING CODE 9110-04-P