[Federal Register Volume 84, Number 188 (Friday, September 27, 2019)]
[Rules and Regulations]
[Pages 51028-51030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20806]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0508]
RIN 1625-AA08
Special Local Regulation; Battle of the Bridges, Intracoastal
Waterway; Venice, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for certain waters of the Intracoastal Waterway. This action
is necessary to provide for the safety of life on these navigable
waters in Venice, FL, during the Battle of the Bridges event. This
rulemaking would prohibit persons and vessels from being in the race
area unless authorized by the Captain of the Port St. Petersburg (COTP)
or a designated representative.
DATES: This rule is effective from 7:30 a.m. until 4 p.m. on September
28, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0508 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket 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
Shackleford, U.S. 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
Sec. Section
U.S.C. United States Code
ICW Intracoastal Waterway
II. Background Information and Regulatory History
On February 2, 2019, the Sarasota Scullers Youth Rowing Program
notified the Coast Guard that it would be conducting the Battle of the
Bridges sculler race from 6 a.m. to 6 p.m. on September 28, 2019. The
race will take place on portions of the Intracoastal Waterway (ICW) in
Venice, FL. In response, on August 2, 2019, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled, ``Special Local
Regulation; Battle of the Bridges, Intracoastal Waterway; Venice, FL''
(84 FR 37808). There we stated why we issued the NPRM, and invited
comments on our proposed regulatory action related to this fireworks
display. During the comment period that ended September 3, 2019, we
received eighty-five comments.
III. Legal Authority and Need for the Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port St.
Petersburg (COTP) has determined that potential hazards associated with
the rowing event on September 28, 2019 will be a safety concern for
anyone within the special local regulation area. The purpose of this
rule is to ensure safety of vessels and the navigable waters in the
safety zone before, during, and after the scheduled event.
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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the rowing
event.
IV. Discussion of Comments and Changes to the Rule
A. Discussion of Comments
The Coast Guard received eighty-five submissions from private
citizens in response to the proposed rule. Forty-two commenters
endorsed the Coast Guard's proposal. Forty-three commenters were
opposed to the proposed rule for various reasons, discussed below.
Twenty-two comments expressed concerns about the monetary loss of
several businesses and their employees that fall within the boundaries
of this temporary special local regulation. The commenters stated
businesses would lose customers due to the 12 hours the ICW would be
closed as proposed in the regulatory text.
Twenty comments expressed concerns about not having access to the
ICW during this event. The commenters stated that the ICW, and the
public boat ramps along the ICW, would be closed for the duration of
the event and the proposed regulatory text would not
[[Page 51029]]
allow for any other boating traffic in the ICW while the event was
underway.
Seven comments expressed concerns about not being able to access
the Marine Max Marina located along the ICW during this event. The
commenters stated that the marina would be inaccessible while the ICW
was closed for the event.
Nine comments expressed concern regarding the event being too long.
The commenters stated that the proposed twelve hour closure of the ICW
for the event was too long and that event should be shortened.
Five comments expressed concern regarding there being no
alternative routes around the closed section of the ICW. The commenters
stated that the regulatory text did not provide another route for
vessel traffic to take around the event.
Twelve comments expressed concern regarding the safety of boaters
who may choose to transit into the Gulf of Mexico in order to get
around the closed section of the ICW. These commenters expressed
concerns about general boating and boating safety knowledge as well as
the potential for adverse weather affecting the gulf waters. The Coast
Guard has taken these concerns into consideration and has determined to
only close the ICW when the event is actively taking place. The closure
times of the ICW are being modified to accommodate the opening of the
ICW to allow for morning, midday, and afternoon vessel transits. This
modification, while not providing an alternate route, does allow for
times when vessels can transit the ICW. This modification will reduce
the effective closure time of the ICW by approximately 4 and a half
hours, which will allow businesses an opportunity to remain open the
day of the event. These openings will allow for vessels to transit to
and from the marina while the ICW remains open. This modification
allows for times when vessels can transit the ICW instead of navigating
into the Gulf of Mexico. The Venice Police Department confirmed that
there are 4 other boats ramps in the area of the event that can be used
as alternate boat ramps during this event. In the event of inclement
weather, a Coast Guard designated representative reserves the right to
cancel the event, which would open the ICW up to normal vessel traffic.
Twenty-two comments expressed concern regarding the ICW not being a
suitable location to hold this event. The commenters stated that there
was a nearby rowing venue that was constructed for such rowing events.
These comments are outside of the scope of this rulemaking as the Coast
Guard is not involved in the process of selecting a venue for a
sponsor's proposed event.
Seven comments expressed concern regarding the event taking place
on a bad day of the week. The commenters stated that a Saturday is not
a suitable day to host an event in the ICW and that it should have been
on a weekday instead. These comments are outside of the scope of this
rulemaking as the Coast Guard is not involved in the process of
selecting a day to hold a sponsor's proposed event.
One comment was expressed regarding the event being hazardous to
the marine environment. The commenter expressed concerns that a proper
environmental review was not performed and that the use of mooring
balls and lane markers for the event would endanger manatees and sea
turtles. The National Environmental Policy Act requires federal
agencies to consider the impacts to the human environment for events
such as these. A Record of Environmental Consideration was completed
for this event after the Coast Guard consulted with numerous
environmental agencies, including U.S. Fish and Wildlife Service,
Florida Department of Environmental Protection, Army Corps of
Engineers, and the Florida Fish and Wildlife Conservation Commission.
This is addressed in section V. F. ``Environment'' below.
We received seventeen comments that were generally negative towards
the event, and while noted, they are beyond the scope of the rulemaking
process.
B. Discussion of Changes
This rule contains one minor change in the regulatory text from the
NPRM. In response to public comments, we have revised the regulatory
text to mitigate the commenters concerns and to provide for a shorter
closing of the ICW and also allow for a scheduled opening of the ICW in
the midday. This change will allow boaters to transit the ICW at
designated times, under the direction of a designated representative,
instead of transiting into the gulf. The change will also allow for
impacted businesses to conduct operations as well. Details of this
change can be found in the regulatory text at the end of this document.
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 the size,
location, duration, and time-of-day of the special local regulation.
This regulation would impact approximately 3.5 miles of the
Intracoastal Waterway in Venice, FL for approximately 4 and a half
hours, on one day. The Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the regulation, and the
rule would allow vessels to seek permission to enter the race area.
Advance notice of the regulation will be provide the local community
with ample time to plan around the race event accordingly.
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 received no comments from the Small Business
Administration on this rulemaking. 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.
While some owners or operators of vessels intending to transit the
special local regulation area 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
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would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email 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 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 does 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 call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section.
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 will not result in
such an 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 Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969(42 U.S.C. 4321-4370f), and have
determined 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, which
temporarily limits access to the portions of the Intracoastal Waterway
in Venice, FL to race participants for approximately 4 and a half hours
on one day. It is categorically excluded from further review under
paragraph L(61) in Table 3-1 of U.S. Coast Guard Environmental Planning
Implementing Procedures. 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 call or email 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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.35T07-0508 to read as follows:
Sec. 100.35T07-0508 Special Local Regulation; Battle of the Bridges,
Intracoastal Waterway; Venice, FL.
(a) Regulated area. A regulated area is established to include a
race area located on all waters of the Intracoastal Waterway south of a
line made connecting the following points: 27[deg]06'15'' N,
082[deg]26'43'' W, to position 27[deg]06'12'' N, 082[deg]26'43'' W, and
all waters of the Intracoastal Waterway north of a line made connecting
the following points: 27[deg]03'21'' N, 082[deg]26'17'' W, to position
27[deg]03'19'' N, 082[deg]26'15'' W. All coordinates are North American
Datum 1983.
(b) Definitions. 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.
``Participant'' means all persons and vessels registered with the
event sponsor as a participant in the event.
(c) Regulations. (1) All non-participant persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the race area unless authorized by the Captain of the
Port (COTP) St. Petersburg or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the race area may contact the COTP St. Petersburg
by telephone at (727) 824-7506 or via VHF-FM radio Channel 16 to
request authorization.
(3) 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.
(4) 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 from 7:30 a.m.
until 11:30 a.m., and from 12:30 p.m. to 4 p.m. on September 28, 2019.
Dated: September 20, 2019.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2019-20806 Filed 9-26-19; 8:45 am]
BILLING CODE 9110-04-P