[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Proposed Rules]
[Pages 2291-2293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00109]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0940]
RIN 1625-AA08


Special Local Regulation; Manatee River; Bradenton, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a special local 
regulation for certain waters of the Manatee River during the Bradenton 
Area River Regatta. This action is necessary to protect the safety of 
race participants, participant vessels, spectators, and the general 
public on these navigable waters of the United States during the event. 
The special local regulation would restrict vessel traffic in the 
waters of the Manatee River in the vicinity of Bradenton, Florida. It 
would establish the following three areas: Two spectator areas, 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: Comments and related material must be received by the Coast 
Guard on or before February 8, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0940 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Boatswain's Mate First Class Tyrone 
J. Stafford, Sector St. Petersburg Prevention Department, Coast Guard; 
telephone 813-228-2191, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard proposes to establish a special local regulation on 
the waters of the Manatee River, Bradenton, Florida during the 
Bradenton Area River Regatta. This event is a high speed boat race with 
approximately 12 Formula 2 Class boats, traveling at speeds in excess 
of 100 miles per hour. There will also be approximately 14, 1000 cc 
Hydrocross jet skis participating in scheduled races during this event. 
Additionally, there will be a jet ski and water ski exhibition located 
within the regulated area. It is anticipated that 250 spectator vessels 
will be present along the race course. The race is scheduled to take 
place annually from approximately 9 a.m. to 9 p.m. during the first 
Saturday of February.
    This proposed rulemaking is necessary to provide for the safety of 
race participants, participant vessels, spectators, and the general 
public on these navigable waters of the United States during the 
Bradenton Area River Regatta. The Coast Guard proposes this rulemaking 
under authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

    This proposed rulemaking would encompass certain waters of the 
Manatee River in Bradenton, Florida. The special local regulation would 
be enforced from 9 a.m. to 9 p.m. normally occurring during the first 
Saturday of February. The special local regulation would establish the 
following three areas: (1) Two spectator areas, where all vessels must 
be anchored or operate at No Wake Speed; and (2) an enforcement area 
that encompasses all race courses and demonstrations, where designated 
representatives may control vessel traffic as determined by the 
prevailing conditions.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated area 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 to enter, transit through, anchor in, or remain within 
the regulated area 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. The Coast Guard 
will provide notice of the special local regulation by Local Notice to 
Mariners, Broadcast Notice to Mariners, and/or on-scene designated 
representatives.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking.

[[Page 2292]]

Below we summarize our analyses based on a number of these statutes and 
Executive Orders, and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulation will be enforced 
for only twelve hours; (2) although persons and vessels are prohibited 
to enter, transit through, anchor in, or remain within the regulated 
area without authorization from the Captain of the Port St. Petersburg 
or a designated representative, they may operate in the surrounding 
area during the enforcement period; (3) persons and vessels may still 
enter, transit through, anchor in, or remain within the regulated area 
or anchor in the sponsor's designated spectator area, during the 
enforcement period if authorized by the Captain of the Port St. 
Petersburg or a designated representative; and (4) the Coast Guard will 
provide advance notification of the special local regulations to the 
local maritime community by Local Notice to Mariners and/or Broadcast 
Notice to Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of the 
Manatee River, Bradenton, Florida, encompassed within the special local 
regulation from 9 a.m. until 9 p.m. annually on the first Saturday of 
February. For the reasons stated in section IV.A above, 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.
    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 
section. 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.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    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 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. 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 an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. 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 (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 involves a special local 
regulation issued in conjunction with a regatta or marine parade. This 
rule is categorically excluded from further review under paragraph 
(34)(h) of Figure 2-1 of Commandant Instruction M16475.lD. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comments can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment

[[Page 2293]]

applies, and provide a reason for each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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.

0
2. Add Sec.  100.723 to read as follows:


Sec.  100.723  Special Local Regulation; Bradenton Area River 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) Spectator Area #1. An area marked by the event sponsor 
encompassed within the following points: 27[deg]30.43' N., 
82[deg]34.55' W., thence to position 27[deg]30.43' N., 82[deg]34.43' 
W., thence to position 27[deg]30.23' N., 82[deg]34.43' W., thence to 
position 27[deg]30.13' N., 82[deg]34.30' W., thence to position 
27[deg]30.09' N., 82[deg]34.30' W., thence to position 27[deg]30.09' 
N., 82[deg]34.55' W., thence back to the original position 
27[deg]30.43' N., 82[deg]34.55' W.
    (2) Spectator Area #2. An area marked by the event sponsor east of 
the CSX Railroad train trestle eastbound of a line connected by the 
following points: 27[deg]30.73' N., 82[deg]34.13' W., thence to 
position 27[deg]29.99' N., 82[deg]34.07' W.
    (3) Enforcement Area. The designated race and demonstration areas 
that are composed of all waters of the Manatee River encompassed within 
the following points: 27[deg]30.58' N., 82[deg]34.62' W., thence to 
position 27[deg]30.58' N., 82[deg]34.13' W., thence to position 
27[deg]29.99' N., 82[deg]34.06' W., thence to position 27[deg]29.99' 
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 enforcement 
area unless authorized by the Captain of the Port St. Petersburg or a 
designated representative.
    (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. 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.
    (d) Enforcement period: This section will be enforced from 9:00 
a.m. to 9:00 p.m. annually on the first Saturday during the month of 
February.

    Dated: December 27, 2016.
H.L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2017-00109 Filed 1-6-17; 8:45 am]
 BILLING CODE 9110-04-P