[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Rules and Regulations]
[Pages 55318-55320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25182]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0598]
RIN 1625-AA08
Special Local Regulation; Gulf of Mexico; Englewood, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Gulf of Mexico in the vicinity of Englewood, Florida
during the OPA World Championships High Speed Boat Race, an annually
recurring event in the month of November. The special local regulation
is necessary to protect the safety of race participants, participant
vessels, spectators, and the general public on navigable waters of the
United States during the event. The special local regulation
establishes 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: This rule is effective without actual notice November 21, 2017.
For the purposes of enforcement, actual notice will be used from
November 15, 2017 through November 21, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0598 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician First Class Michael D.
Shackleford, Sector St. Petersburg Prevention Department, Coast Guard;
telephone (813) 228-2191, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is establishing a special local regulation on the
waters of the Gulf of Mexico in the vicinity of Englewood, Florida
during the OPA World Championships High Speed Boat Race. The race will
normally occur annually from 9 a.m. to 5 p.m. on the third weekend of
November (Friday, Saturday, and Sunday). In 2017, the race will occur
daily from 9:00 to 5:00 p.m. starting from Friday, November 17, 2017
through Sunday, November 19, 2017. Approximately 60 boats, ranging in
length from 22 feet to 50 feet, traveling at speeds in excess of 77
miles per hour are expected to participate. Additionally, it is
anticipated that 100 spectator vessels will be present along the race
course.
The Coast Guard published a notice of proposed rulemaking (NPRM) on
September 26, 2017, entitled ``Special Local Regulation; Gulf of
Mexico;
[[Page 55319]]
Englewood, FL'' (see 82 FR 44751). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
the high speed boat races. During the comment period that ended October
26, 2017, we received no comments.
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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with this event,
which will take place this year from Friday, November 17, 2017 through
Sunday, November 19, 2017.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port St. Petersburg (COTP) has determined this
rulemaking is necessary to provide for the safety of race participants,
participant vessels, spectators, and the general public on these
navigable waters of the United States during the OPA World
Championships.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on the NPRM, which
published September 26, 2017. We are modifying the regulatory text of
this rule to clarify that we will provide notice of the special local
regulations by Local Notice to Mariners and/or Broadcast Notice to
Mariners.
This rule establishes a special local regulation that will
encompass certain waters of the Gulf of Mexico in Englewood, Florida.
The special local regulation will be enforced daily from 9:00 a.m.
until 5:00 p.m. during the race event. The special local regulation
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. In 2017, the race
will be occurring on Friday, November 17, 2017 through Sunday, November
19, 2017.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the Captain of the Port (COTP) 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 regulated area is granted by the COTP St. Petersburg or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP St.
Petersburg or a designated representative. The Coast Guard will provide
notice of the special local regulations by Local Notice to Mariners
and/or Broadcast Notice to Mariners.
V. 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 and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the following
reasons: (1) The special local regulation will be enforced for only
eight hours on three days; (2) although persons and vessels may not
enter, transit through, anchor in, or remain within the regulated area
without authorization from the COTP 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 regulated area or anchor in
the spectator area, during the enforcement period if authorized by the
COTP St. Petersburg or a designated representative; and (4) the Coast
Guard will provide advance notification of the special local regulation
to the local maritime community by Local Notice to Mariners and/or
Broadcast Notice to Mariners.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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 received no comments from the Small Business
Administration on this rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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.
C. 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).
D. Federalism and Indian Tribal Governments
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
[[Page 55320]]
various levels of government. We have analyzed this rule under that
Order and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in
Executive Order 13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. 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.
F. 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 (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 a special local regulation issued in conjunction with a
marine boat race. It is categorically excluded from further review
under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.
G. 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.
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 Sec. 100.735 to read as follows:
Sec. 100.735 Special Local Regulation; Annual OPA World
Championships, Gulf of Mexico; Englewood 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: 26[deg]56'00'' N., 082[deg]22'11'' W., thence to
position 26[deg]55'59'' N., 082[deg]22'16'' W., thence to position
26[deg]54'22'' N., 082[deg]21'20'' W., thence to position
26[deg]54'24'' N., 082[deg]21'16'' W., thence to position
26[deg]54'25'' N., 082[deg]21'17'' W., thence back to the original
position 26[deg]56'00'' N., 082[deg]21'11'' W.
(2) Spectator area. All waters of the Gulf of Mexico contained with
the following points: 26[deg]55'33'' N., 082[deg]22'21'' W., thence to
position 26[deg]54'14'' N., 082[deg]21'35'' W., thence to position
26[deg]54'11'' N., 082[deg]21'40'' W., thence to position
26[deg]55'31'' N., 082[deg]22'26'' W., thence back to position
26[deg]55'33'' N., 082[deg]22'21'' W.
(3) Enforcement area. All waters of the Gulf of Mexico encompassed
within the following points: 26[deg]56'09'' N., 082[deg]22'12'' W.,
thence to position 26[deg]54'13'' N., 082[deg]21'03'' W., thence to
position 26[deg]53'58'' N., 082[deg]21'43'' W., thence to position
26[deg]55'56'' N., 082[deg]22'48'' W., thence back to position
26[deg]56'09'' N., 082[deg]22'12'' 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 COTP
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 COTP St. Petersburg by telephone at (727) 824-7506, or a designated
representative via VHF radio on channel 16. If authorization is granted
by the COTP St. Petersburg or a designated representative, all persons
and vessels receiving such authorization must comply with the
instructions of the COTP St. Petersburg or a designated representative.
(5) The Coast Guard will provide notice of the special local
regulations by Local Notice to Mariners and/or Broadcast Notice to
Mariners.
(d) Enforcement period. This rule will be enforced daily from 9
a.m. to 5 p.m. on the third weekend of November (Friday, Saturday and
Sunday).
Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2017-25182 Filed 11-20-17; 8:45 am]
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