[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Proposed Rules]
[Pages 44751-44753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20534]



[[Page 44751]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0598]
RIN 1625-AA08


Special Local Regulation; Gulf of Mexico; Englewood, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local regulation 
on the waters of the Gulf of Mexico in the vicinity of Englewood, 
Florida during the OPA World Championships High Speed Boat Race, an 
annually recurring event in the month of November. The special local 
regulation is necessary to protect the safety of race participants, 
participant vessels, spectators, and the general public on navigable 
waters of the United States during the event. The special local 
regulation 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: Comments and related material must be received by the Coast 
Guard on or before October 26, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0598 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 on this rule, 
call or email Marine Science Technician First Class Michael D. 
Shackleford, 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
COTP Captain of the Port

II. Background Information and Regulatory History

    The Coast Guard proposes to establish a special local regulation on 
the waters of the Gulf of Mexico in the vicinity of Englewood, Florida 
during the OPA World Championships High Speed Boat Race. The race 
normally occurs annually from 9 a.m. to 5 p.m. on the third weekend of 
November (Friday, Saturday, and Sunday). Approximately 60 boats, 
ranging in length from 22 feet to 50 feet, traveling at speeds in 
excess of 77 miles per hour are expected to participate. Additionally, 
it is anticipated that 100 spectator vessels will be present along the 
race course.
    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 OPA 
World Championships. The Coast Guard proposes this rulemaking under 
authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

    This proposed rulemaking would establish a special local regulation 
that will encompass certain waters of the Gulf of Mexico in Englewood, 
Florida. The special local regulation will be enforced daily from 9:00 
a.m. until 5:00 p.m. during the race event. The special local 
regulation will establish the following three areas: (1) 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; (2) a 
spectator area where all vessels must be anchored or operate at No Wake 
Speed; and (3) an enforcement area 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 (COTP) 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 COTP St. Petersburg or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the COTP St. 
Petersburg or a designated representative. The Coast Guard will provide 
notice of the special local regulations by Local Notice to Mariners 
and/or Broadcast Notice to Mariners.

IV. 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 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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulation will be enforced 
for only eight hours on three days; (2) although persons and vessels 
may not enter, transit through, anchor in, or remain within the 
regulated area without authorization from the COTP 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 spectator area, during the enforcement period if 
authorized by the COTP St. Petersburg or a designated representative; 
and (4) the Coast Guard will provide advance notification of the 
special local regulation 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 rule 
would not have a

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significant economic impact on a substantial number of small entities.
    While some owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of the Gulf 
of Mexico encompassed within the special local regulation may be small 
entities, for the reasons stated in section IV.A above, this proposed 
rule would not have a significant economic impact on any vessel owner 
or operator.
    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 rule will 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 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 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 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 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 proposed rule involves a special 
local regulation issued in conjunction with a regatta or marine parade. 
Normally such actions are 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 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 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 a Special Local Regulation Sec.  100.735 to read as follows:


Sec.  100.735  Special Local Regulation; Annual OPA World 
Championships, Gulf of Mexico; Englewood 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: 26[deg]56'00'' N., 082[deg]21'11'' W., thence to 
position 26[deg]55'59'' N., 082[deg]22'16'' W., thence to position 
26[deg]54'22'' N., 082[deg]21'20'' W., thence to position 
26[deg]54'24'' N., 082[deg]21'16'' W., thence to position 
26[deg]54'25'' N., 082[deg]21'17'' W., thence

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back to the original position, 26[deg]56'00'' N., 082[deg]21'11'' W.
    (2) Spectator Area. All waters of the Gulf of Mexico contained with 
the following points: 26[deg]55'33'' N., 082[deg]22'21'' W., thence to 
position 26[deg]54'14'' N., 082[deg]21'35'' W., thence to position 
26[deg]54'11'' N., 082[deg]21'40'' W., thence to position 
26[deg]55'31'' N., 082[deg]22'26'' W., thence back to position 
26[deg]55'33'' N., 082[deg]22'21'' W.
    (3) Enforcement Area. All waters of the Gulf of Mexico encompassed 
within the following points: 26[deg]56'09'' N., 082[deg]22'12'' W., 
thence to position 26[deg]54'13'' N., 082[deg]21'03'' W., thence to 
position 26[deg]53'58'' N., 082[deg]21'43'' W., thence to position 
26[deg]55'56'' N., 082[deg]22'48'' W., thence back to position 
26[deg]56'09'' N., 082[deg]22'12'' 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 COTP 
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 COTP St. Petersburg by telephone at (727) 824-7506, or a designated 
representative via VHF radio on channel 16. If authorization is granted 
by the COTP St. Petersburg or a designated representative, all persons 
and vessels receiving such authorization must comply with the 
instructions of the COTP St. Petersburg or a designated representative.
    (d) Enforcement Period. This rule will be enforced daily from 9 
a.m. to 5 p.m. on the third weekend of November (Friday, Saturday and 
Sunday).

    Dated: September 20, 2017.
Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2017-20534 Filed 9-25-17; 8:45 am]
 BILLING CODE 9110-04-P