[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Proposed Rules]
[Pages 53671-53673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21463]
[[Page 53671]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2014-0657]
RIN 1625-AA08
Special Local Regulation; Clearwater Super Boat National
Championship; Gulf of Mexico, Clearwater Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a special local
regulation on the waters of the Gulf of Mexico in the vicinity of
Clearwater Beach, Florida during the Clearwater Super Boat National
Championship. The race is scheduled to take place annually from
approximately 10 a.m. to 5 p.m. daily during the last Saturday and
Sunday of September. The proposed 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 would
restrict vessel traffic in the waters of the Gulf of Mexico in the
vicinity of Clearwater, Florida. It would 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
spectator area, where all vessels must be anchored or operate at No
Wake Speed; and an enforcement area where designated representatives
may control vessel traffic as determined by the prevailing conditions.
DATES: Comments and related material must be received by the Coast
Guard on or before October 10, 2014.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is (202) 366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician First Class Hector I. Fuentes,
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 Cheryl Collins,
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. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2014-0657 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2014-0657 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
The Coast Guard is proposing to establish this special local
regulation on the waters of the Gulf of Mexico in the vicinity of
Clearwater Beach, Florida during the Clearwater Super Boat National
Championship. The race is scheduled to take place annually from
approximately 10 a.m. to 5 p.m. during the last Saturday and Sunday of
September. This proposed rule is necessary to protect the safety of
race participants, participant vessels, spectators, and the general
public on the
[[Page 53672]]
navigable waters of the United States during the event.
C. Basis and Purpose
The legal basis for the proposed rule is the Coast Guard's
authority to establish special local regulations: 33 U.S.C. 1233, 33
CFR 1.05-1.
The purpose of the proposed rule is to provide for the safety of
life on navigable waters of the United States during the Clearwater
Super Boat National Championship.
D. Discussion of Proposed Rule
This proposed rule is necessary to establish a special local
regulation that will encompass certain waters of the Gulf of Mexico in
Clearwater Beach, Florida. The proposed special local regulations will
be enforced from approximately 10 a.m. to 5 p.m. normally occurring
annually during the last Saturday and Sunday of September. The proposed
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
spectator area, where all vessels must be anchored or operate at No
Wake Speed; and (3) an enforcement area where designated
representatives may control vessel traffic as determined by the
prevailing conditions.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the race area or buffer zone by
contacting the Captain of the Port 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 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.
E. Regulatory Analyses
We developed this proposed 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 proposed 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 proposed rule is not significant for
the following reasons: (1) The special local regulations would be
enforced for only seven hours a day for two days; (2) although persons
and vessels are prohibited to enter, transit through, anchor in, or
remain within the race area or 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 would provide advance notification of the special local
regulations to the local maritime community by Local Notice to
Mariners, Broadcast Notice to Mariners and/or on-scene designate
representatives.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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 above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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.
[[Page 53673]]
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination 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 proposed rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A preliminary environmental
analysis checklist supporting this determination is 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 proposed rule.
F. 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 Special Local Regulation Sec. 100.721 to read as follows:
Sec. 100.721 Special Local Regulations; Clearwater Super Boat
National Championship, Gulf of Mexico; Clearwater Beach, 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
the following points: 27[deg]58.67' N, 82[deg]50.32' W, thence to
position 27[deg]58.60' N, 82[deg]49.98' W, thence to position
28[deg]00.88' N, 82[deg]50.35' W, thence to position 28[deg]00.80' N,
82[deg]49.90' W, thence back to the original position, 28[deg]58.67' N,
82[deg]50.32' W.
(2) Spectator Area. All waters of Gulf of Mexico seaward no less
than 150 yards from the race area and as agreed upon by the Coast Guard
and race officials.
(3) Enforcement Area. All waters of the Gulf of Mexico encompassed
within the following points: 28[deg]58.67' N, 82[deg]50.62' W, thence
to position 28[deg]00.95' N, 82[deg]49.75' W, thence to position
27[deg]58.53' N, 82[deg]50.53' W, thence to position 27[deg]58.38' N,
82[deg]49.88' W, thence back to position 28[deg]58.67' N, 82[deg]50.62'
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 St. Petersburg in the enforcement of the regulated
areas.
(c) Regulations.
(1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the Race Area
unless an authorized race participant.
(2) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
(3) 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.
(4) 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) 824-7506,
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.
(d) Effective Date. This section is effective annually from
approximately 10 a.m. to 5 p.m. EDT daily during the last Saturday and
Sunday of September.
Dated: August 13, 2014.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2014-21463 Filed 9-9-14; 8:45 am]
BILLING CODE 9110-04-P