[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]
BILLING CODE 9110-04-P


