[Federal Register Volume 84, Number 194 (Monday, October 7, 2019)]
[Rules and Regulations]
[Pages 53314-53316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21527]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0602]
RIN 1625-AA08


Special Local Regulation; Gulf of Mexico, Fort Myers Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation (SLR) for certain waters of the Gulf of Mexico adjacent to 
Fort Myers Beach, FL. This action is necessary to provide for the 
safety of race participants, participant vessels, spectators, and the 
general public on these navigable waters near Fort Myers Beach during 
the Roar Offshore boat race. This SLR establishes an enforcement area 
where all persons and vessels, except those persons and vessels 
participating in the high speed boat race, are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area without obtaining permission from the Captain of the 
Port St. Petersburg or a designated representative.

DATES: This rule is effective daily from 9:30 a.m. until 5:30 p.m., on 
October 10, 2019 through October 12, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0602 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 Michael.d.shackleford@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    The Coast Guard is establishing this special local regulation 
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 it is 
impracticable. There is insufficient time to publish an NPRM and 
receive public comment as the Roar Offshore event will occur before the 
rulemaking process can be reasonably completed. Because of the dangers 
associated with high speed boat races, this regulation is necessary to 
provide for the safety of event participants, spectators, and vessels 
transiting the event area. 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. Delaying the effective date of 
this rule would be impracticable because prompt action is needed to 
ensure the safety of safety of race participants, participant vessels, 
spectators, and the general public.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041 (previously 33 U.S.C. 1231). The purpose of the rule is to 
provide for the safety of life on navigable waters of the United States 
during the Roar Offshore High Speed Boat Race.

IV. Discussion of the Rule

    This rule establishes a special local regulation daily from 9:30 
a.m. until 5:30 p.m., on October 10, 2019 through October 12, 2019. The 
special local regulation would establish an enforcement area where 
designated representatives may control vessel traffic as determined by 
the prevailing conditions. The enforcement area would cover all 
navigable waters in the Gulf of Mexico west of Fort Myers Beach inside 
a rectangle commencing at latitude 26[deg]26'27'' N, 081[deg]55'55'' W, 
thence to position 26[deg]25'33'' N, 081[deg]56'34'' W, thence to 
position 26[deg]26'38'' N, 081[deg]58'40'' W, thence to position 
26[deg]27'25'' N, 081[deg]58'8'' W, thence to the original position at 
26[deg]26'27'' N, 081[deg]55'55'' W. These coordinates are based on 
North American Datum 83 (NAD 83).
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated area by contacting 
the 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 regulation by 
Local Notice to Mariners, Broadcast Notice to Mariners, and/or on-scene 
designated representatives.

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 would be enforced in a small 
designated area off of Fort Myers Beach for only eight hours on three 
consecutive 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

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notification of the special local regulation to the local maritime 
community by Local Notice to Mariners and/or Broadcast Notice to 
Mariners via VHF radio on channel 16.

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 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. 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 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 Environmental Planning COMDTINST 5090.1 
(series), which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a 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 involves a special local regulation issued 
in conjunction with a regatta or marine parade. It is categorically 
excluded from further review under paragraph L61 in Table 3-1 of U.S. 
Coast Guard Environmental Planning Implementing Procedures 5090.1.

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:  46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T07-0602 to read as follows:


Sec.  100.T07-0602  Gulf of Mexico, Fort Myers Beach, FL.

    (a) Regulated area. The regulations in this section apply to the 
following area: All waters of the Gulf of Mexico west of Fort Myers 
Beach contained within the following points: 26[deg]26'27'' N, 
081[deg]55'55'' W, thence to position 26[deg]25'33'' N, longitude 
081[deg]56'34'' W, thence to position 26[deg]26'38'' N, 081[deg]58'40'' 
W, thence to position 26[deg]27'25'' N, 081[deg]58'8'' W, thence back 
to the original position 26[deg]26'27'' N, 081[deg]55'55'' W. All 
coordinates are North American Datum 1983.
    (b) Definitions. As used in this section:
    (1) Captain of the Port (COTP) St. Petersburg means the Commander, 
U.S. Coast Guard Sector St. Petersburg or any Coast Guard commissioned, 
warrant or petty officer who has been authorized by the COTP to act on 
his behalf.
    (2) 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.
    (3) Particpant means all persons and vessels registered with the 
event sponsor as a participant in the event.
    (c) Regulations. (1) All non-participant persons and vessels are 
prohibited from entering transiting through, anchoring in, or remaining 
within the race area described in

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paragraph (a) of this section unless authorized by the COTP 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 COTP St. Petersburg by telephone at (727) 824-7506, or a designated 
representative via VHF radio on channel 16. If authorization is 
granted, all persons and vessels receiving such authorization must 
comply with the instructions of the COTP St. Petersburg or a designated 
representative.
    (4) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners and/or Broadcast Notice to Mariners.
    (d) Enforcement period. This section will be enforced daily from 
9:30 a.m. until 5:30 p.m., on October 10, 2019, through October 12, 
2019.

    Dated: September 27, 2019.
Matthew A. Thompson
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2019-21527 Filed 10-4-19; 8:45 am]
 BILLING CODE 9110-04-P


