[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Rules and Regulations]
[Pages 8607-8610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04332]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0059]
RIN 1625-AA08
Special Local Regulation; Gulfport Grand Prix, Boca Ciego Bay,
Gulfport, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Boca Ciego Bay in the vicinity of Gulfport, Florida,
during the Gulfport Grand Prix High Speed Boat Race. Approximately 75
boats, 14-30 feet in length, traveling at speeds in excess of 120 miles
per hour are expected to participate. Additionally, it is anticipated
that 100 spectator vessels will be present along the race course. 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 Gulf of Mexico during the event. The special
local regulation will establish the following regulated areas: A race
area where all non-participant persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port St.
Petersburg (COTP) or a designated representative; and a buffer zone
where designated representatives may control vessel traffic as deemed
necessary by the COTP St. Petersburg or a designated representative
based upon prevailing weather conditions.
DATES: This rule is effective daily from 8 a.m. until 5 p.m. on March
29, 2019 through March 31, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0059 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket
[[Page 8608]]
Folder on the line associated with this rule.
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 is establishing this special local regulation
without prior notice and opportunity to comment pursuant to authority
under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing an NPRM with
respect to this rule because it is impracticable. Insufficient time
remains to publish an NPRM and to receive public comments, as the event
will occur before the rulemaking process would be completed. Because of
the potential safety hazards associated with the race, the regulation
is necessary to provide for the safety of the race participants,
spectators, and vessels transiting the event area. Additionally, the
Coast Guard is currently drafting a NPRM covering this annual recurring
event; however, the NPRM will not be finalized before the start date of
the event. For those reasons, it would be impracticable to publish an
NRPM.
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. For the reasons discussed above,
the Coast Guard finds that good cause exists.
III. Legal Authority and Need for Rule
The legal basis for this rule is the Coast Guard's authority to
establish special local regulations in 33 U.S.C. 1233. The purpose of
the rule is to provide for the safety of event participants,
spectators, and the general public on the navigable waters of the Gulf
of Mexico during the Gulfport Grand Prix High Speed Boat Race event.
IV. Discussion of the Rule
This rule establishes a special local regulation that will
encompass certain waters of the Boca Ciega Bay in the vicinity of
Gulfport, Florida. The special local regulation will be enforced daily
from 8 a.m. to 5 p.m. on March 29, 2019 through March 31, 2019. The
special local regulation will establish two regulated 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 the
regulated area without obtaining permission from the COTP St.
Petersburg or a designated representative; and (2) a buffer zone where
vessel traffic may be controlled as determined by the COTP St.
Petersburg or a designated representative based upon prevailing weather
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 regulated areas by Local Notice to Mariners, Broadcast
Notice to Mariners, or by on-scene designated representatives.
V. 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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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.
This regulatory action determination is based on: (1) The special
local regulation will be enforced for only nine 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 significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
section.
Small businesses may send comments on the actions of federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to
[[Page 8609]]
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). 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.
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 expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
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 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 enforced for nine hours daily over a period of
three days that will prohibit non-participant persons and vessels from
entering, transiting through, remaining within, or anchoring in the
regulated area. This rule is categorically excluded from further review
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
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.
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; 33 CFR 1.05-1.
0
2. Add Sec. 100.T07-0059 to read as follows:
Sec. 100.T07-0059 Special Local Regulation; Gulfport Grand Prix, Boca
de Ciego; Gulfport, FL.
(a) Location. The following regulated areas are established as a
special local regulation. All coordinates are North American Datum
1983.
(1) Race area. All waters of Boca de Ciego contained within the
following points: 27[deg]44'10'' N, 082[deg]42'29'' W, thence to
position 27[deg]44'07'' N, 082[deg]42'40'' W, thence to position
27[deg]44'06'' N, 082[deg]42'40'' W, thence to position 27[deg]44'04''
N, 082[deg]42'29'' W, thence to position 27[deg]44'07'' N,
082[deg]42'19'' W, thence to position 27[deg]44'08'' N, 082[deg]42'19''
W, thence back to the original position, 27[deg]44'10'' N,
082[deg]42'29'' W.
(2) Buffer zone. All waters of Boca de Ciego encompassed within the
following points: 27[deg]44'10'' N, 082[deg]42'47'' W, thence to
position 27[deg]44'01'' N, 082[deg]42'44'' W, thence to position
27[deg]44'01'' N, 082[deg]42'14'' W, thence to position 27[deg]44'15''
N, 082[deg]42'14'' 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 non-participant persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the race area unless an authorized by the Captain of
the Port (COTP) St. Petersburg or a designated representative.
(2) Vessel traffic within the buffer zone may be controlled by the
COTP St. Petersburg or a designated representative as deemed necessary
by the COTP St. Petersburg or a designated representative based upon
prevailing weather conditions.
(3) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the race area contact the COTP St. Petersburg by
telephone at (727) 824-7506 or via VHF-FM radio Channel 16 to request
authorization.
(4) If authorization to enter, transit through, anchor in, or
remain within the race area is granted, all persons and vessels
receiving such authorization shall comply with the instructions of the
COTP or a designated representative.
(5) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, or by on-scene
designated representatives.
(d) Enforcement period. This rule will be enforced daily from 8
a.m. until 5 p.m. on March 29, 2019 through March 31, 2019.
[[Page 8610]]
Dated: March 4, 2019.
H.L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2019-04332 Filed 3-8-19; 8:45 am]
BILLING CODE 9110-04-P