[Federal Register Volume 84, Number 194 (Monday, October 7, 2019)]
[Rules and Regulations]
[Pages 53314-53316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21527]
[[Page 53314]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0602]
RIN 1625-AA08
Special Local Regulation; Gulf of Mexico, Fort Myers Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation (SLR) for certain waters of the Gulf of Mexico adjacent to
Fort Myers Beach, FL. This action is necessary to provide for the
safety of race participants, participant vessels, spectators, and the
general public on these navigable waters near Fort Myers Beach during
the Roar Offshore boat race. This SLR establishes an enforcement area
where all persons and vessels, except those persons and vessels
participating in the high speed boat race, are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area without obtaining permission from the Captain of the
Port St. Petersburg or a designated representative.
DATES: This rule is effective daily from 9:30 a.m. until 5:30 p.m., on
October 10, 2019 through October 12, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0602 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, 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 a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable. There is insufficient time to publish an NPRM and
receive public comment as the Roar Offshore event will occur before the
rulemaking process can be reasonably completed. Because of the dangers
associated with high speed boat races, this regulation is necessary to
provide for the safety of event participants, spectators, and vessels
transiting the event area. For those reasons, it would be impracticable
to publish an NPRM.
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 prompt action is needed to
ensure the safety of safety of race participants, participant vessels,
spectators, and the general public.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1231). The purpose of the rule is to
provide for the safety of life on navigable waters of the United States
during the Roar Offshore High Speed Boat Race.
IV. Discussion of the Rule
This rule establishes a special local regulation daily from 9:30
a.m. until 5:30 p.m., on October 10, 2019 through October 12, 2019. The
special local regulation would establish an enforcement area where
designated representatives may control vessel traffic as determined by
the prevailing conditions. The enforcement area would cover all
navigable waters in the Gulf of Mexico west of Fort Myers Beach inside
a rectangle commencing at latitude 26[deg]26'27'' N, 081[deg]55'55'' W,
thence to position 26[deg]25'33'' N, 081[deg]56'34'' W, thence to
position 26[deg]26'38'' N, 081[deg]58'40'' W, thence to position
26[deg]27'25'' N, 081[deg]58'8'' W, thence to the original position at
26[deg]26'27'' N, 081[deg]55'55'' W. These coordinates are based on
North American Datum 83 (NAD 83).
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the 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 regulation by
Local Notice to Mariners, Broadcast Notice to Mariners, and/or 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 the following
reasons: (1) The special local regulation would be enforced in a small
designated area off of Fort Myers Beach for only eight hours on three
consecutive 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
[[Page 53315]]
notification of the special local regulation to the local maritime
community by Local Notice to Mariners and/or Broadcast Notice to
Mariners via VHF radio on channel 16.
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 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
Management 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 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. It is categorically
excluded from further review under paragraph L61 in Table 3-1 of U.S.
Coast Guard Environmental Planning Implementing Procedures 5090.1.
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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T07-0602 to read as follows:
Sec. 100.T07-0602 Gulf of Mexico, Fort Myers Beach, FL.
(a) Regulated area. The regulations in this section apply to the
following area: All waters of the Gulf of Mexico west of Fort Myers
Beach contained within the following points: 26[deg]26'27'' N,
081[deg]55'55'' W, thence to position 26[deg]25'33'' N, longitude
081[deg]56'34'' W, thence to position 26[deg]26'38'' N, 081[deg]58'40''
W, thence to position 26[deg]27'25'' N, 081[deg]58'8'' W, thence back
to the original position 26[deg]26'27'' N, 081[deg]55'55'' W. All
coordinates are North American Datum 1983.
(b) Definitions. As used in this section:
(1) Captain of the Port (COTP) St. Petersburg means the Commander,
U.S. Coast Guard Sector St. Petersburg or any Coast Guard commissioned,
warrant or petty officer who has been authorized by the COTP to act on
his behalf.
(2) 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.
(3) Particpant 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 described in
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paragraph (a) of this section unless authorized by the COTP St.
Petersburg or a designated representative.
(2) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
(3) 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, all persons and vessels receiving such authorization must
comply with the instructions of the COTP St. Petersburg or a designated
representative.
(4) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners and/or Broadcast Notice to Mariners.
(d) Enforcement period. This section will be enforced daily from
9:30 a.m. until 5:30 p.m., on October 10, 2019, through October 12,
2019.
Dated: September 27, 2019.
Matthew A. Thompson
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2019-21527 Filed 10-4-19; 8:45 am]
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