[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]
 BILLING CODE 9110-04-P