[Federal Register Volume 77, Number 189 (Friday, September 28, 2012)]
[Rules and Regulations]
[Pages 59548-59551]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23926]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 D07-SMB-Tampa-WWM@uscg.mil. 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