[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Rules and Regulations]
[Pages 10368-10370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04744]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0037]
RIN 1625-AA00
Safety Zone; Firestone Grand Prix of St. Petersburg, St.
Petersburg, Florida
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Tampa Bay, in the vicinity of the St. Petersburg
Municipal Yacht Basin, St. Petersburg, Florida during the Firestone
Grand Prix of St. Petersburg. The temporary safety zone is necessary to
protect the safety of the race participants, spectators, and vessels on
the surrounding waterway during grand prix racing on a course abutting
the St. Petersburg Municipal Yacht Basin. Persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area unless authorized by the Captain of
the Port St. Petersburg or a designated representative.
DATES: This rule is effective without actual notice from March 9, 2018
until 10 p.m. on March 11, 2018. For the purposes of enforcement,
actual notice will be used from 6 a.m. on March 7, 2018 until March 9,
2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0037 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
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, Purpose, and Regulatory History
The Coast Guard is issuing this temporary 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 a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard was not notified of
the event with sufficient time to publish a NPRM prior to the event.
The Coast Guard received information regarding the need for a safety
zone for the event on January 10, 2018. The event would occur before
the rulemaking process would be completed. Because of the dangers posed
by the race involved in this event, the safety zone is necessary to
provide for the safety of race participants, spectators, and other
vessels navigating the surrounding waterways. Delaying the effective
date by first publishing an NPRM and holding a comment period would be
contrary to the rule's objectives of ensuring safety of life on the
navigable waters and protection of race participants, spectators, and
vessels in the surrounding waterways. For those reasons, it would be
impracticable to publish an NPRM.
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 for the same reasons discussed
above.
III. Legal Authority and Need for Rule
The legal basis for this rule is the Coast Guard's authority to
establish regulated navigation areas: 33 U.S.C. 1231. The Captain of
the Port St. Petersburg has determined that a safety zone is necessary
to protect race participants, spectators, and vessels from the hazards
associated with race events. The rule is necessary to ensure the safety
of life vessels and persons in the navigable waters within the safety
zone during the Firestone Grand Prix of St. Petersburg, Florida.
IV. Discussion of the Rule
This rule establishes a safety zone from March 7, 2018 through
March 11, 2018, which will be enforced daily from 6 a.m. to 10 p.m. The
safety zone will cover all navigable waters within a specified area of
Tampa Bay, St. Petersburg. The duration of the zone is intended to
ensure the safety of the public and these navigable waters during the
race event. No vessel or person will be permitted to enter, transit
through, anchor in, or remain within the safety zone without obtaining
permission from the Captain of the Port St. Petersburg or a designated
representative.
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 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 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 safety zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and/or on-scene designated
representatives.
IV. 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
[[Page 10369]]
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: (1) The safety
zone will be enforced for a limited period of time over the course of
four days during the Firestone Grand Prix of St. Petersburg, Florida
race events; (2) although persons and vessels are prohibited to enter,
transit through, anchor in, or remain within the regulated 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) the Coast Guard will provide advance
notification of the safety zone 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 certifies under 5 U.S.C. 605(b) that this rule
would 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 (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.
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 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 above.
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 would 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
Directive 023-01, which guides 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 safety zone that will prohibit
persons and vessels from entering, transiting through, anchoring in, or
remaining within the regulated area during a four day high speed grand
prix race event. It is categorically excluded from further review under
paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 01. 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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T07-0037 to read as follows:
[[Page 10370]]
Sec. 165.T07-0037 Safety Zone; Firestone Grand Prix of St.
Petersburg, St. Petersburg, FL.
(a) Regulated area. The following area is established as a safety
zone. All waters of the Gulf of Mexico encompassed within the following
points: 27[deg]46'18'' N, 082[deg]37'55.2'' W, thence to position
27[deg]46'18'' N, 082[deg]37'54.6'' W, thence to position
27[deg]46'9.6'' N, 082[deg]37'54.6'' W, thence to position
27[deg]46'9.6'' N, 082[deg]37'33'' W, thence to position
27[deg]46'4.2'' N, 082[deg]37'33'' W, thence to position
27[deg]45'59.4'' N, 082[deg]37'50.4'' W, thence to position
27[deg]46'6.6'' N, 082[deg]37'56.4'' W, thence to position
27[deg]46'13.8'' N, 082[deg]37'55.8'' W, thence back to the original
position 27[deg]46'18'' N, 082[deg]37'55.2'' W. All coordinates are
North American Datum 1983.
(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
Regulated Area unless authorized by the Captain of the Port St.
Petersburg or a designated representative.
(2) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
(3) 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 period. This rule will be enforced from 6 a.m.
until 10 p.m. daily from March 7, 2018 through March 11, 2018.
Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2018-04744 Filed 3-8-18; 8:45 am]
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