[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Rules and Regulations]
[Pages 15382-15384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05453]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2020-0153]
RIN 1625-AA08
Special Local Regulation; Gulfport Grand Prix, Boca Ciego Bay,
Gulfport, 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 Boca Ciego Bay in the vicinity of Gulfport, Florida,
during the Gulfport Grand Prix High Speed Boat Race. Approximately 75
boats, 14-30 feet in length, traveling at speeds in excess of 120 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 navigable waters of the Gulf of Mexico during the event. The special
local regulation will establish the following regulated areas: A race
area where all non-participant persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port St.
Petersburg (COTP) or a designated representative; and a buffer zone
where designated representatives may control vessel traffic as deemed
necessary by the COTP St. Petersburg or a designated representative
based upon prevailing weather conditions.
DATES: This rule is effective from 8 a.m. on March 27, 2020 through 6
p.m. on March 29, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2020-0153 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 D.
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
On January 14, 2020, the Coast Guard issued a notice of proposed
rulemaking (NPRM) entitled ``Special Local Regulations: Recurring
Marine Events, Sector St. Petersburg'' (85 FR 2069) proposing to amend
the list of recurring marine events/special local regulations occurring
solely within the COTP St. Petersburg Zone. The NPRM provided for a 30
day comment period which closed on February 13, 2020. An event listed
in the NPRM, titled ``Gulfport Grand Prix/Gulfport Grand Prix LLC \1\''
is scheduled to occur daily from 8 a.m. until 6 p.m. on March 27, 2020
through March 29, 2020.
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\1\ This event is listed in the NPRMs proposed regulatory text
at 33 CFR 100.703, Table to Sec. 100.703, line number 3.
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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
[[Page 15383]]
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 and contrary to the public interest.
There is insufficient time to finalize the NPRM referenced above before
the event is scheduled to occur. Because of the potential safety
hazards associated with the race, immediate action is needed to provide
for the safety of the race participants, spectators, and vessels
transiting the event area. Immediate action is also necessary for the
protection of life and property on the navigable waters of Boca Ciego
Bay in the vicinity of Gulfport, Florida, during the Gulfport Grand
Prix High Speed Boat Race.
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 for the same reasons discussed
above.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port St. Petersburg (COTP) has determined
that potential hazards associated with the event pose a safety concern
for event participants, spectators, and the general public in the
immediate vicinity. The purpose of the rule is to provide for the
safety of life on navigable waters of the United States during Gulfport
Grand Prix High Speed Boat Race event.
IV. Discussion of the Rule
This rule establishes a special local regulation that will
encompass certain waters of the Boca Ciega Bay in the vicinity of
Gulfport, Florida. The special local regulation will be enforced daily
from 8 a.m. to 6 p.m. on March 27, 2020 through March 29, 2020. The
special local regulation will establish two regulated areas: (1) A race
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 COTP St.
Petersburg or a designated representative; and (2) a buffer zone where
vessel traffic may be controlled as determined by the COTP St.
Petersburg or a designated representative based upon prevailing weather
conditions.
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 (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 regulated areas by Local Notice to Mariners, Broadcast
Notice to Mariners, or by 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: (1) The special
local regulation will be enforced for only ten 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
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
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
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,
[[Page 15384]]
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 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
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 enforced for ten hours daily over a period of three days that
will prohibit non-participant persons and vessels from entering,
transiting through, remaining within, or anchoring in the regulated
area. It is categorically excluded from further review under paragraph
L61 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. 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 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.T07-0153 to read as follows:
Sec. 100.T07-0153 Special Local Regulation; Gulfport Grand Prix, Boca
de Ciego; Gulfport, FL.
(a) Location. The following regulated areas are established as a
special local regulation. All coordinates are North American Datum
1983.
(1) Race area. All waters of Boca de Ciego contained within the
following points: 27[deg]44'10'' N, 082[deg]42'29'' W, thence to
position 27[deg]44'07'' N, 082[deg]42'40'' W, thence to position
27[deg]44'06'' N, 082[deg]42'40'' W, thence to position 27[deg]44'04''
N, 082[deg]42'29'' W, thence to position 27[deg]44'07'' N,
082[deg]42'19'' W, thence to position 27[deg]44'08'' N, 082[deg]42'19''
W, thence back to the original position, 27[deg]44'10'' N,
082[deg]42'29'' W.
(2) Buffer zone. All waters of Boca de Ciego encompassed within the
following points: 27[deg]44'10'' N, 082[deg]42'47'' W, thence to
position 27[deg]44'01'' N, 082[deg]42'44'' W, thence to position
27[deg]44'01'' N, 082[deg]42'14'' W, thence to position 27[deg]44'15''
N, 082[deg]42'14'' W.
(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
Captain of the Port (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) Vessel traffic within the ``buffer zone'' may be controlled by
the COTP St. Petersburg or a designated representative as deemed
necessary by the COTP St. Petersburg or a designated representative
based upon prevailing weather conditions.
(3) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the race area contact the COTP St. Petersburg by
telephone at (727) 824-7506 or via VHF-FM radio Channel 16 to request
authorization.
(4) 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.
(5) 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 section will be enforced daily from 8
a.m. until 6 p.m. on March 27, 2020 through March 29, 2020.
Dated: March 10, 2020.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2020-05453 Filed 3-17-20; 8:45 am]
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