[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

[[Page 51030]]

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