[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