[Federal Register Volume 90, Number 151 (Friday, August 8, 2025)]
[Rules and Regulations]
[Pages 38399-38400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15143]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0274]
RIN 1625-AA00
Safety Zone; Gulf of America; Sand Key Beach, Clearwater, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of Sand Key Beach, during the Clearwater AquaX Grand
Prix event. This action is necessary to provide for the safety of life
on these navigable waters near Clearwater, FL, during a high-speed jet
ski race. This rule prohibits persons and vessels from being in the
safety zone unless authorized by the Captain of the Port Sector St.
Petersburg or a designated representative.
DATES: This rule is effective daily from 8:00 a.m. until 5:30 p.m., on
August 23, 2025, through August 24, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0274 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Ryan McNaughton, Sector St. Petersburg Ports &
Waterways Branch Chief, U. S. Coast Guard; telephone (571) 608-7131,
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
On January 30, 2025, an organization notified the Coast Guard that
it will be conducting a jet ski race on August 23, 2025, and August 24,
2025, near Sand Key Beach, Clearwater, FL. The Captain of the Port
(COTP) Sector St. Petersburg has determined that potential hazards
associated with high-speed races would be a safety concern for anyone
within the designated racecourse area. The purpose of this rulemaking
is to ensure the safety of vessels and the navigable waters within the
racecourse, before, during, and after the scheduled event. The Coast
Guard is enforcing this rulemaking under authority in 46 U.S.C. 70034.
In response, on June 11, 2025, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled NPRM Clearwater AquaX Grand Prix
(90 FR 24765). There we stated why we issued the NPRM and invited
comments on our proposed regulatory action related to this marine
event. During the comment period that ended July 14, 2025, we received
1 comment.
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 is impracticable because immediate action is needed to
respond to the potential safety hazards associated with the high-speed
jet ski race.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. The Captain of the Port Sector St Petersburg (COTP) has
determined that potential hazards associated the high-speed race. 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 1 comment on our NPRM published June
11, 2025. The comment was unrelated to the rule. There are no changes
in the regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes a safety zone from August 23, 2025, to August
24, 2025. The safety zone will cover all navigable waters within the
vicinity of Sand Key Beach, Clearwater, FL. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the event. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
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.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This regulatory action determination is based on the size,
location, duration and time of day of the regulated area. Vessel
traffic will not be impacted because the event occurs directly off the
coast. Moreover, the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone, and the rule
would allow vessels to seek permission to enter the zone.
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
[[Page 38400]]
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 00 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
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 will 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
safety zone lasting only 10 hours daily for two days that would
prohibit entry within the racecourse safety zone. It is categorically
excluded from further review under paragraph L60(a) of 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T07-0274 to read as follows:
Sec. 165.T07-0274 Safety Zone; Sand Key Beach, Clearwater, FL.
(a) Location. The following regulated area is a safety zone: All
waters of Gulf of America, from surface to bottom, encompassed by a
line connecting the following points beginning at 27[deg]57'11'' N,
82[deg]50'1'' W, thence to 27[deg]57'13'' N, 82[deg]50'19'' W, thence
to 27[deg]57'55'' N, 82[deg]50'10'' W, thence to 27[deg]57'53'' N,
82[deg]49'65'' and along the shoreline back to the beginning point.
(b) Definition. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port St Petersburg (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP St.
Petersburg or designated representative.
(2) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
(3) To seek permission to enter, contact COTP St. Petersburg or
representative via VHF radio on channel 16. Those in the safety zone
must comply with all lawful orders or directions given to them by the
COTP St. Petersburg or designated representative.
(d) Enforcement period: This section will be enforced daily from 8
a.m. until 5:30 p.m., on August 23, 2025 and August 24, 2025.
Dated: July 30, 2025.
Courtney A. Sergent,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2025-15143 Filed 8-7-25; 8:45 am]
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