[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Rules and Regulations]
[Pages 50765-50767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20741]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-0216]
RIN 1625-AA08
Special Local Regulation; Suncoast Super Boat Grand Prix; Gulf of
Mexico, Sarasota, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending a special local regulation for the
Suncoast Super Boat Grand Prix that occurs on the waters of the Gulf of
Mexico near Sarasota, Florida. The event is scheduled to take place
annually on the first Friday, Saturday, and Sunday of July from 10 a.m.
to 5 p.m. The amendment is needed in order to protect the safety of
race participants, participant vessels, spectators, and the general
public on the navigable waters of the United States. The amended
special local regulation will restrict vessel traffic on the waters
near the event by establishing 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 prevailing conditions.
DATES: This rule is effective September 21, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0216. 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 Docket Management Facility in Room W12-140 on the ground
floor of the
[[Page 50766]]
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 rule,
call or email Lieutenant Junior Grade Brett S. Sillman, 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. Regulatory History and Information
The Coast Guard is proposing to amend the Special Local Regulation
on the waters of the Gulf of Mexico in the vicinity of Sarasota,
Florida during the Suncoast Super Boat Grand Prix. The event is
scheduled to take place the first Friday, Saturday, and Sunday in July
from 10 a.m. to 5 p.m. This final rule 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.
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.
The purpose of the proposed rule is to provide for the safety of
life on navigable waters of the United States during the Suncoast Super
Boat Grand Prix.
C. Comments, Changes, and the Final Rule
There were no comments related to this event during the comment
period and there was no request for a public meeting made during the
comment period.
This special local regulation will be enforced annually during the
first Friday, Saturday, and Sunday of July from 10 a.m. to 5 p.m. 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
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 enforcement area
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 enforcement area 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. 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 final rule is not significant for the
following reasons: (1) The special local regulations will be enforced
for only seven hours a day for three days; (2) although persons and
vessels are prohibited from entering, transiting through, anchoring in,
or remaining within the race area or enforcement area 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
enforcement area 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 final 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.
[[Page 50767]]
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 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 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 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 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 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 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 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 rule is categorically excluded
from further review under paragraph 34(h) 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.
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. Revise Sec. 100.720 to read as follows:
Sec. 100.720 Special Local Regulations; Suncoast Super Boat Grand
Prix, Gulf of Mexico; Sarasota, 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]18.19' N., 82[deg]34.29' W., thence to
position 27[deg]17.42' N., 82[deg]35.00' W., thence to position
27[deg]18.61' N., 82[deg]36.59' W., thence to position 27[deg]19.58'
N., 82[deg]35.54' W., thence back to the original position
27[deg]18.19' N., 82[deg]34.29' W.
(2) Spectator area. All waters of Gulf of Mexico no less than 500
yards from the race area and/or 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: 27[deg]17.87' N., 82[deg]33.93' W., thence
to position 27[deg]16.61' N., 82[deg]34.69' W., thence to position
27[deg]18.53' N., 82[deg]37.52' W., thence to position 27[deg]20.04'
N., 82[deg]35.76' W., thence back to the original position
27[deg]17.87' N., 82[deg]33.93' 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) All vessel traffic not involved with the event shall enter and
exit Sarasota Bay via Big Sarasota Pass and stay well clear of the
enforcement area.
(5) New Pass will be closed to all inbound and outbound vessel
traffic at the COLREGS Demarcation Line. Vessels are allowed to utilize
New Pass to access all areas inland of the Demarcation Line via
Sarasota Bay. New Pass may be opened at the discretion of the Captain
of the Port.
(6) 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) Enforcement date. This section will be enforced annually the
first Friday, Saturday, and Sunday of July from 10 a.m. to 5 p.m. EDT
daily.
Dated: June 15, 2015.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2015-20741 Filed 8-20-15; 8:45 am]
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