[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33122-33124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13479]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0339]
RIN 1625-AA08


Special Local Regulation; Gulf of Mexico; Sarasota, 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 Gulf of Mexico, in the vicinity of Lido Beach, 
Florida, during the Sarasota Powerboat Grand Prix. Approximately 70 
boats and jet skis, traveling at speeds in excess of 100 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 certain navigable waters of the Gulf of Mexico, Lido Beach, Florida 
during the event. The special local regulation will establish an 
enforcement 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 Captain of the 
Port St. Petersburg or a designated representative.

DATES: This rule will be enforced daily from 10 a.m. until 7 p.m., on 
June 25, 2021 through June 27, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0339 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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule 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. This temporary 
rule references a date change and a change to the regulated area to an 
annual recurring special local regulation that already exists in 33 CFR 
100.703, Table 1 to 100.703, Line 5. For this year, we received the 
date changes and the coordinate changes from the Sarasota Powerboat 
Grand Prix/Powerboat P-1 USA, LLC with insufficient time to publish an 
NPRM and receive public comment on these changes, as the Sarasota 
Powerboat Grand Prix event will occur before the rulemaking process 
would be completed. Because of the dangers associated with high speed 
boat races, the 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 immediate action is needed to 
respond to the potential safety hazards associated with Sarasota Grand 
Prix.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port St. Petersburg has determined that 
potential hazards associated with the race will be a danger to anyone 
within the regulated area. The purpose of the rule is to provide for 
the safety of life on navigable waters of the United States during the 
Sarasota Powerboat Grand Prix.

IV. Discussion of the Rule

    This rule establishes a special local regulation that will 
encompass certain waters of the Gulf of Mexico, Lido Beach, Florida. 
The special local regulation will be enforced daily from 10 a.m. to 7 
p.m. on June 25, 2021 through June 27, 2021. The special local 
regulation will establish an enforcement 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 without obtaining permission from the 
COTP St. Petersburg or a designated representative.
    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 St. Petersburg (COTP) 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 or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the COTP or a designated 
representative. The Coast Guard will provide notice of the special 
local regulation by Local Notice to Mariners and/or Broadcast Notice to 
Mariners.

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.

[[Page 33123]]

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. 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).
    This regulatory action determination is based on: (1) The special 
local regulation will be enforced for eight 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 
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 
if authorized by the COTP 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 
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 
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 
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.

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, Rev. 1, associated implementing instructions, 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 issued in conjunction with a regatta or marine 
parade. It is categorically excluded from further review under 
paragraph L61of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Record of Environmental Consideration supporting this 
determination is available in the docket. For instructions on locating 
the docket, see the ADDRESSES section of this preamble.

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.T07-0339 to read as follows:


Sec.  100.T07-0339   Special Local Regulations; Sarasota Powerboat 
Grand Prix, Gulf of Mexico; Lido Beach, FL.

    (a) Location. The following regulated area is a special local 
regulation: All waters of the Gulf of Mexico contained within the 
following points: 27[deg]17'54'' N, 082[deg]34'10'' W, thence to 
position 27[deg]16'43'' N, 082[deg]35'49'' W, thence to position 
27[deg]18'51'' N, 082[deg]38'06'' W, thence to position 27[deg]20'15'' 
N, 082[deg]35'59'' W, thence back to the

[[Page 33124]]

original position, 27[deg]17'54'' N, 082[deg]34'10'' W. All coordinates 
are North American Datum 1983.
    (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 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 rule will be enforced daily from 10 
a.m. until 7 p.m.. on June 25, 2021 through June 27, 2021.

    Dated: June 11, 2021.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2021-13479 Filed 6-23-21; 8:45 am]
BILLING CODE 9110-04-P