[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

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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

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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