[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Rules and Regulations]
[Pages 4497-4499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01620]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0905]
RIN 1625-AA08


Special Local Regulation; Bradenton Area Riverwalk Regatta; 
Manatee River, Bradenton, 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 Manatee River in Bradenton, Florida, during the 
Bradenton Area Riverwalk Regatta. The event is scheduled to take place 
annually from 11 a.m. to 7:30 p.m. on the first Saturday of February. 
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 Manatee River in the vicinity of Bradenton, Florida. It will 
establish the following two areas: Enforcement areas #1 and #2, where 
all persons and vessels, except those persons and vessels participating 
in the high speed boat races and those vessels enforcing the areas, are 
prohibited from entering, transiting through, anchoring in, or 
remaining within.

DATES: This rule is effective February 1, 2015. This rule will be 
enforced annually on the first Saturday of February from 11 a.m. to 
7:30 p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0905. 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 Manatee River, 
Florida during the Bradenton Riverwalk Regatta. On November 26, 2014, 
the Coast Guard published a notice proposing this final rule. No 
comments were received.
    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. The Coast Guard finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register because immediate action is needed 
to minimize potential danger to the public during this event and the 
rule will have minimal impact on the public and waterway users. The 
comment period on this rule ended on December 26, 2014 and the Coast 
Guard did not have sufficient time to publish notice of this rule. This 
event has been well publicized by the City of Bradenton and local media 
outlets. Any delay in the effective date of this rule would be contrary 
to the public interest because this rule is needed to minimize 
potential danger to the public during the Bradenton Riverwalk Regatta 
and fireworks display.

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 Bradenton Riverwalk 
Regatta.

C. Comments and Changes to the Final Rule

    The Coast Guard received no comments related to this event during 
the comment period. This rule makes one change to the proposed 
regulation. In the NPRM, the special local regulation exclusion areas 
would be enforced from 11:00 a.m. to 4:30 p.m. However, the Bradenton 
Riverwalk Regatta includes a fireworks display. To ensure the safety of 
race participants, participant vessels, spectators, and the general 
public on the navigable waters of the United States during the 
fireworks display, the Coast Guard is extending the enforcement period 
for the special local regulation until 7:30 p.m. Because the fireworks 
display will take place in the race area, the geographic area of the 
proposed enforcement zones remains unchanged in this rule. Additional 
notice and opportunity to comment on this change is unnecessary because 
extending the enforcement period a few hours is a logical outgrowth of 
the the NPRM. The fireworks display has always been part of the 
schedule of events, publicized by the City of Bradenton and local 
media. Furthermore, the additional impact of the extended enforcement 
period is minimal. The enforcement areas will be restricted for three 
extra hours once per year.

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

[[Page 4498]]

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 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 
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 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.  100.722 to read as follows:


Sec.  100.722  Special Local Regulations; Bradenton Area Riverwalk 
Regatta, Manatee River; Bradenton, FL.

    (a) Regulated Areas. The following regulated areas are established 
as special local regulations. All coordinates are North American Datum 
1983.
    (1) Enforcement Area #1. All waters of the Manatee River between 
the Green Bridge and the CSX Train Trestle contained within the 
following points: 27[deg]30.73' N, 82[deg]34.37' W, thence to position 
27[deg]30.73' N, 82[deg]34.13' W, thence to position 27[deg]29.97' N, 
82[deg]34.27' W, thence to position 27[deg]29.59' N, 82[deg]34.07' W, 
thence back to the original position, 27[deg]30.73' N, 82[deg]34.37' W.
    (2) Enforcement Area #2. All waters of the Manatee River contained 
within the following points: 27[deg]30.58' N, 82[deg]34.62' W, thence 
to position 27[deg]30.58' N, 82[deg]34.43' W, thence to position 
27[deg]30.43' N, 82[deg]34.43' W, thence to

[[Page 4499]]

position 27[deg]30.43' N, 82[deg]34.62' W, thence back to the original 
position, 27[deg]30.58' N, 82[deg]34.62' 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 
regulated areas unless an authorized race participant.
    (2) Designated representatives may control vessel traffic 
throughout the regulated areas as determined by the prevailing 
conditions.
    (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) 824-7506, 
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 
11 a.m. to 7:30 p.m. on the first Saturday of February.

    Dated: January 8, 2015.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2015-01620 Filed 1-27-15; 8:45 am]
BILLING CODE 9110-04-P