[Federal Register Volume 77, Number 189 (Friday, September 28, 2012)]
[Rules and Regulations]
[Pages 59548-59551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23926]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2012-0452]
RIN 1625-AA08
Special Local Regulation Clearwater Super Boat National
Championship Race, Gulf of Mexico; Clearwater, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing special local regulations on
the waters of the Gulf of Mexico in the vicinity of Clearwater, Florida
during the Clearwater Super Boat National Championship Race. The race
is scheduled to take place on Sunday, September 30, 2012 from 10 a.m.
to 4 p.m. Approximately 35 boats ranging in length from 24 feet to 50
feet traveling at speeds in excess of 100 miles per hour are expected
to participate. Additionally, it is anticipated that 400 spectators
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 the navigable waters of
the United States during the event. The special local regulation will
temporarily restrict vessel traffic in the waters of the Gulf of Mexico
in the vicinity of Clearwater, Florida. The special local regulation
will establish the following three areas: 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; a buffer zone around the
race area, where all persons and vessels, except those persons and
vessels enforcing the buffer zone, are prohibited from entering,
transiting through, anchoring in, or remaining within; and a spectator
area, where all vessels must be anchored or operate at No Wake Speed.
DATES: This rule is effective on September 30, 2012 from 9:30 a.m. to
4:30 p.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0452. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the
[[Page 59549]]
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Marine Science Technician First
Class Nolan L. Ammons, Sector St. Petersburg Prevention Department,
Coast Guard; telephone (813) 228-2191, email [email protected]. If you have questions on viewing or submitting material
to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final 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 an NPRM with respect to this rule
because due to the extended time required to address the associated
safety concerns of high speed boat races and the need to de-conflict
other marine events being held in the area, additional time was
required to coordinate the necessary safety parameters and interagency
participation required to adequately patrol the event. As a result, the
Coast Guard did not have sufficient time to publish an NPRM and to
receive public comments prior to the event. Any delay in the effective
date of this rule may result in its failure to be in effect during the
event in question and would be contrary to the public interest because
immediate action is needed to minimize potential danger to the public
during this event.
For the same reason discussed above, 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.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. This rule is to
provide for the safety of life on navigable waters of the United States
during the Clearwater Super Boat National Championship Race.
C. Discussion of Rule
On Sunday, September 30, 2012, Super Boat International Production,
Inc. is sponsoring the Clearwater Super Boat National Championship
Race, a series of high speed boat races. The races will be held on the
waters of the Gulf of Mexico in Clearwater, Florida. Approximately 35
high speed power boats are anticipated to participate in the races. It
is anticipated that approximately 400 spectator vessels will be present
during the races.
The rule will establish a special local regulation that will
encompass certain waters of the Gulf of Mexico in Clearwater, Florida.
The special local regulations will be enforced from 9:30 a.m. until
4:30 p.m. on September 30, 2012. The special local regulations will
establish the following three 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; (2) a buffer zone around the race
area, where all persons and vessels, except those persons and vessels
enforcing the buffer zone, are prohibited from entering, transiting
through, anchoring in, or remaining within; and (3) a spectator area,
where all vessels must be anchored or operate at a No Wake Speed.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the race area or buffer zone, or
spectator area by contacting the Captain of the Port St. Petersburg by
telephone at (727) 824-7524, or a designated representative via VHF
radio on channel 16. If authorization to enter, transit through, anchor
in, or remain within the race area or buffer zone is granted by the
Captain of the Port St. Petersburg or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port St. Petersburg or a designated
representative. The Coast Guard will provide notice of the special
local regulations by Local Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated representatives.
D. 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 or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The economic impact of this rule is not significant for the
following reasons: (1) The special local regulations will be enforced
for only seven hours; (2) although persons and vessels are prohibited
to enter, transit through, anchor in, or remain within the race area
and buffer zone without authorization from the Captain of the Port 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 race
area and buffer zone, or anchor in the spectator area, during the
enforcement period if authorized by the Captain of the Port St.
Petersburg or a designated representative; and (4) the Coast Guard will
provide advance notification of the special local regulations to the
local maritime community by Local Notice to Mariners and Broadcast
Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act (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.
This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit
[[Page 59550]]
through, anchor in, or remain within that portion of the Gulf of Mexico
in Clearwater, Florida, encompassed within the special local
regulations from 9:30 a.m. until 4:30 p.m. on September 30, 2012. For
the reasons discussed in the Regulatory Planning and Review section
above, namely, the safety zone is only in effect for seven hours and
traffic may pass through the zone with the permission of the Captain of
the Port or a designated representative, and is free to transit around
the zone, therefore this rule will not have a significant economic
impact on a substantial number of small entities.
3. Assistance for Small Entities
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (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 special local regulations issued in
conjunction with a regatta or marine parade. This rule is categorically
excluded from further review under paragraph (34)(h) and (35)(b) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
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: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.35T07-0452 to read as follows:
Sec. 100.35T07-0452 Special Local Regulations, Clearwater Super Boat
National Championship Race, Gulf of Mexico; Clearwater, FL.
(a) Regulated Areas. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
(1) Race Area. All waters of the Gulf of Mexico contained within an
imaginary line connecting the following points: Starting at Point 1 in
position 27[deg]58'38.34'' N, 82[deg]50'08.09'' W; thence
[[Page 59551]]
southeast to Point 2 in position 27[deg]58'36.12'' N, 82[deg]50'02.70''
W; thence north to Point 3 in position 28[deg]00'25.92'' N,
82[deg]50'01.26'' W; thence northwest to Point 4 in position
28[deg]00'26.76'' N, 82[deg]50'07.91'' W; thence south back to origin.
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 race area.
(2) Buffer Zone. All waters of the Gulf of Mexico encompassed
within an imaginary line connecting the following points: Starting at
Point 1 in position 28[deg]00'35'' N, 82[deg]50'14'' W; thence
southeast to Point 2 in position 28[deg]00'29'' N, 82[deg]49'43'' W;
thence south to Point 3 in position 27[deg]58'21'' N, 82[deg]49'52'' W
thence northwest to point 4 in position 27[deg]58'30'' N,
82[deg]50'13'' W; thence north back to origin. All persons and vessels
except those persons and vessels enforcing the buffer zone are
prohibited from entering, transiting through, anchoring in, or
remaining within the buffer zone.
(3) Spectator Area. All waters of Gulf of Mexico excluding the race
areas and buffer zone, enclosed around an area connected by imaginary
lines at the following points: Starting at Point 1 in position
27[deg]58'36.12'' N, 82[deg]50'13.61'' W; thence north to Point 2 in
position 28[deg]00'28.14'' N, 82[deg]50'14.27'' W; thence northwest to
Point 3 in position 28[deg]00'29.75'' N, 82[deg]50'22.57'' W; thence
south to point 4 in position 27[deg]58'35.17'' N, 82[deg]50'22.37'' W;
thence east back to origin. All vessels are to be anchored and/or
operate at a No Wake Speed in the spectator area. On-scene designated
representatives will direct spectator vessels to the spectator area.
(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 St. Petersburg in the enforcement of the regulated
areas.
(c) Regulations.
(1) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated areas by contacting
the Captain of the Port St. Petersburg by telephone at (727) 824-7524,
or a designated representative via VHF radio on channel 16. If
authorization is granted by the Captain of the Port St. Petersburg or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port St. Petersburg or a designated representative.
(2) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Effective Date. This rule is effective from 9:30 a.m. until
4:30 p.m. on September 30, 2012.
Dated: September 12, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2012-23926 Filed 9-27-12; 8:45 am]
BILLING CODE 9110-04-P