80_FR_50927 80 FR 50765 - Special Local Regulation; Suncoast Super Boat Grand Prix; Gulf of Mexico, Sarasota, FL

80 FR 50765 - Special Local Regulation; Suncoast Super Boat Grand Prix; Gulf of Mexico, Sarasota, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 162 (August 21, 2015)

Page Range50765-50767
FR Document2015-20741

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.

Federal Register, Volume 80 Issue 162 (Friday, August 21, 2015)
[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Rules and Regulations]
[Pages 50765-50767]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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



                                                                Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations                                              50765

                                             docket number found in brackets in the                    (c) Uses and restrictions. Spirulina                  Dated: August 14, 2015.
                                             heading of this document. Any                           extract may be safely used for coloring               Susan Bernard,
                                             objections received in response to the                  confections (including candy and                      Director, Office of Regulations, Policy and
                                             regulation may be seen in the Division                  chewing gum), frostings, ice cream and                Social Sciences, Center for Food Safety and
                                             of Dockets Management between 9 a.m.                    frozen desserts, dessert coatings and                 Applied Nutrition.
                                             and 4 p.m., Monday through Friday, and                  toppings, beverage mixes and powders,                 [FR Doc. 2015–20676 Filed 8–20–15; 8:45 am]
                                             will be posted to the docket at http://                 yogurts, custards, puddings, cottage                  BILLING CODE 4164–01–P
                                             www.regulations.gov. We will publish                    cheese, gelatin, breadcrumbs, ready-to-
                                             notice of the objections that we have                   eat cereals (excluding extruded cereals),
                                             received or lack thereof in the Federal                 and coating formulations applied to                   DEPARTMENT OF HOMELAND
                                             Register.                                               dietary supplement tablets and                        SECURITY
                                                                                                     capsules, at levels consistent with good
                                             X. References
                                                                                                     manufacturing practice, except that it                Coast Guard
                                                The following references have been                   may not be used to color foods for
                                             placed on display in the Division of                    which standards of identity have been                 33 CFR Part 100
                                             Dockets Management (see ADDRESSES)                      issued under section 401 of the Federal
                                             and may be seen by interested persons                   Food, Drug, and Cosmetic Act, unless                  [Docket Number USCG–2015–0216]
                                             between 9 a.m. and 4 p.m., Monday                       the use of the added color is authorized
                                             through Friday, and are available                                                                             RIN 1625–AA08
                                                                                                     by such standards.
                                             electronically at http://                               *     *     *     *    *                              Special Local Regulation; Suncoast
                                             www.regulations.gov. (FDA has verified                                                                        Super Boat Grand Prix; Gulf of Mexico,
                                             the Web site address in this reference                  ■ 3. Section 73.1530 is added to subpart
                                                                                                     B to read as follows:                                 Sarasota, FL
                                             section, but FDA is not responsible for
                                             any subsequent changes to the Web site                  § 73.1530    Spirulina extract.                       AGENCY:    Coast Guard, DHS.
                                             after this document publishes in the                       (a) Identity. (1) The color additive               ACTION:   Final rule.
                                             Federal Register).                                      spirulina extract is prepared by the
                                             1. Memorandum from N. Belai, Color                      filtered aqueous extraction of the dried              SUMMARY:    The Coast Guard is amending
                                                  Technology Team, OCAC, CFSAN, FDA                  biomass of Arthrospira platensis. The                 a special local regulation for the
                                                  to M. Harry, Division of Petition Review,          color additive contains phycocyanins as               Suncoast Super Boat Grand Prix that
                                                  OFAS, CFSAN, FDA, March 19, 2015.                                                                        occurs on the waters of the Gulf of
                                             2. Memorandum from H. Lee, Division of
                                                                                                     the principal coloring components.
                                                                                                        (2) Color additive mixtures for drug               Mexico near Sarasota, Florida. The
                                                  Petition Review, OFAS, CFSAN, FDA to                                                                     event is scheduled to take place
                                                  M. Harry, Division of Petition Review,             use made with spirulina extract may
                                                  OFAS, CFSAN, FDA, January 30, 2015.                contain only those diluents that are                  annually on the first Friday, Saturday,
                                             3. Letter from D. Keefe, Office of Food                 suitable and are listed in this subpart as            and Sunday of July from 10 a.m. to 5
                                                  Additive Safety, CFSAN, FDA to H.                  safe for use in color additive mixtures               p.m. The amendment is needed in order
                                                  Newman, Desert Lake Technologies,                  for coloring ingested drugs.                          to protect the safety of race participants,
                                                  LLC, Agency Response Letter GRAS                      (b) Specifications. Spirulina extract              participant vessels, spectators, and the
                                                  Notice 000424, December 6, 2012,                   must conform to the following                         general public on the navigable waters
                                                  (http://www.fda.gov/Food/                                                                                of the United States. The amended
                                                  IngredientsPackagingLabeling/GRAS/
                                                                                                     specifications and must be free from
                                                                                                     impurities, other than those named, to                special local regulation will restrict
                                                  NoticeInventory/ucm335743.htm).
                                             4. Memorandum from T. Walker, Division of               the extent that such other impurities                 vessel traffic on the waters near the
                                                  Petition Review, OFAS, CFSAN, FDA to               may be avoided by good manufacturing                  event by establishing the following three
                                                  M. Harry, Division of Petition Review,             practice:                                             areas: A race area, where all persons and
                                                  OFAS, CFSAN, FDA, April 2, 2015.                      (1) Lead, not more than 2 milligrams               vessels, except those persons and
                                                                                                     per kilogram (mg/kg) (2 parts per                     vessels participating in the high speed
                                             List of Subjects in 21 CFR Part 73
                                                                                                     million (ppm));                                       boat races, are prohibited from entering,
                                               Color additives, Cosmetics, Drugs,                       (2) Arsenic, not more than 2 mg/kg (2              transiting through, anchoring in, or
                                             Medical devices.                                        ppm);                                                 remaining within; a spectator area,
                                               Therefore, under the Federal Food,                       (3) Mercury, not more than 1 mg/kg (1              where all vessels must be anchored or
                                             Drug, and Cosmetic Act and under                        ppm); and                                             operate at No Wake Speed; and an
                                             authority delegated to the Commissioner                    (4) Negative for microcystin toxin.                enforcement area where designated
                                             of Food and Drugs and re-delegated to                      (c) Uses and restrictions. Spirulina               representatives may control vessel
                                             the Director, Center for Food Safety and                extract may be safely used for coloring               traffic as determined by prevailing
                                             Applied Nutrition, 21 CFR part 73 is                    coating formulations applied to drug                  conditions.
                                             amended as follows:                                     tablets and capsules, at levels consistent
                                                                                                     with good manufacturing practice.                     DATES:  This rule is effective September
                                             PART 73—LISTING OF COLOR                                   (d) Labeling requirements. The label               21, 2015.
                                             ADDITIVES EXEMPT FROM                                   of the color additive and any mixture                 ADDRESSES: Documents mentioned in
                                             CERTIFICATION                                           prepared therefrom intended solely or                 this preamble are part of docket USCG–
                                                                                                     in part for coloring purposes shall                   2015–0216. To view documents
                                             ■ 1. The authority citation for 21 CFR                  conform to the requirements of § 70.25                mentioned in this preamble as being
                                             part 73 continues to read as follows:                   of this chapter.                                      available in the docket, go to http://
                                                                                                        (e) Exemption from certification.                  www.regulations.gov, type the docket
rmajette on DSK7SPTVN1PROD with RULES




                                               Authority: 21 U.S.C. 321, 341, 342, 343,
                                             348, 351, 352, 355, 361, 362, 371, 379e.                Certification of this color additive is not           number in the ‘‘SEARCH’’ box and click
                                             ■ 2. Section 73.530 is amended by                       necessary for the protection of the                   ‘‘SEARCH.’’ Click on Open Docket
                                             revising paragraph (c) to read as follows:              public health, and therefore batches                  Folder on the line associated with this
                                                                                                     thereof are exempt from the certification             rulemaking. You may also visit the
                                             § 73.530   Spirulina extract.                           requirements of section 721(c) of the                 Docket Management Facility in Room
                                             *      *     *       *      *                           Federal Food, Drug, and Cosmetic Act.                 W12–140 on the ground floor of the


                                        VerDate Sep<11>2014   14:16 Aug 20, 2015   Jkt 235001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\21AUR1.SGM   21AUR1


                                             50766              Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations

                                             Department of Transportation West                       and (3) an enforcement area where                     2. Impact on Small Entities
                                             Building, 1200 New Jersey Avenue SE.,                   designated representatives may control
                                             Washington, DC 20590, between 9 a.m.                    vessel traffic as determined by the                     Under the Regulatory Flexibility Act
                                             and 5 p.m., Monday through Friday,                      prevailing conditions.                                (5 U.S.C. 601–612), we have considered
                                             except Federal holidays.                                   Persons and vessels may request                    the impact of this proposed rule on
                                                                                                     authorization to enter, transit through,              small entities. The Coast Guard certifies
                                             FOR FURTHER INFORMATION CONTACT: If
                                                                                                     anchor in, or remain within the race                  under 5 U.S.C. 605(b) that this proposed
                                             you have questions on this rule, call or
                                                                                                     area or enforcement area by contacting                rule will not have a significant
                                             email Lieutenant Junior Grade Brett S.
                                                                                                     the Captain of the Port St. Petersburg by             economic impact on a substantial
                                             Sillman, Sector St. Petersburg
                                                                                                     telephone at (727) 824–7506, or a                     number of small entities.
                                             Prevention Department, Coast Guard;
                                             telephone (813) 228–2191, email D07-                    designated representative via VHF radio                 If you think that your business,
                                             SMB-Tampa-WWM@uscg.mil. If you                          on channel 16. If authorization to enter,             organization, or governmental
                                             have questions on viewing or submitting                 transit through, anchor in, or remain                 jurisdiction qualifies as a small entity
                                             material to the docket, call Cheryl                     within the race area or enforcement area              and that this rule would have a
                                             Collins, Program Manager, Docket                        is granted by the Captain of the Port St.             significant economic impact on it,
                                             Operations, telephone (202) 366–9826.                   Petersburg or a designated                            please submit a comment (see
                                                                                                     representative, all persons and vessels               ADDRESSES) explaining why you think it
                                             SUPPLEMENTARY INFORMATION:
                                                                                                     receiving such authorization must                     qualifies and how and to what degree
                                             Table of Acronyms                                       comply with the instructions of the                   this rule would economically affect it.
                                             DHS Department of Homeland Security                     Captain of the Port St. Petersburg or a
                                                                                                     designated representative.                            3. Assistance for Small Entities
                                             FR Federal Register
                                             NPRM Notice of Proposed Rulemaking                      D. Regulatory Analyses                                   Under section 213(a) of the Small
                                                                                                                                                           Business Regulatory Enforcement
                                             A. Regulatory History and Information                     We developed this rule after                        Fairness Act of 1996 (Pub. L. 104–121),
                                                The Coast Guard is proposing to                      considering numerous statutes and                     we want to assist small entities in
                                             amend the Special Local Regulation on                   executive orders related to rulemaking.               understanding this proposed rule. If the
                                             the waters of the Gulf of Mexico in the                 Below we summarize our analyses                       rule would affect your small business,
                                             vicinity of Sarasota, Florida during the                based on a number of these statutes or                organization, or governmental
                                             Suncoast Super Boat Grand Prix. The                     executive orders.                                     jurisdiction and you have questions
                                             event is scheduled to take place the first              1. Regulatory Planning and Review                     concerning its provisions or options for
                                             Friday, Saturday, and Sunday in July                                                                          compliance, please contact the person
                                             from 10 a.m. to 5 p.m. This final rule is                  This rule is not a significant
                                                                                                     regulatory action under section 3(f) of               listed in the FOR FURTHER INFORMATION
                                             necessary to protect the safety of race                                                                       CONTACT section above. The Coast Guard
                                             participants, participant vessels,                      Executive Order 12866, Regulatory
                                                                                                     Planning and Review, as supplemented                  will not retaliate against small entities
                                             spectators, and the general public on the                                                                     that question or complain about this
                                             navigable waters of the United States                   by Executive Order 13563, Improving
                                                                                                     Regulation and Regulatory Review, and                 proposed rule or any policy or action of
                                             during the event.                                                                                             the Coast Guard.
                                                                                                     does not require an assessment of
                                             B. Basis and Purpose                                    potential costs and benefits under                    4. Collection of Information
                                               The legal basis for the rule is the                   section 6(a)(3) of Executive Order 12866
                                                                                                     or under section 1 of Executive Order                   This final rule will not call for a new
                                             Coast Guard’s authority to establish
                                                                                                     13563. The Office of Management and                   collection of information under the
                                             special local regulations: 33 U.S.C.
                                                                                                     Budget has not reviewed it under those                Paperwork Reduction Act of 1995 (44
                                             1233.
                                                                                                     Orders.                                               U.S.C. 3501–3520.).
                                               The purpose of the proposed rule is
                                             to provide for the safety of life on                       The economic impact of this final rule             5. Federalism
                                             navigable waters of the United States                   is not significant for the following
                                             during the Suncoast Super Boat Grand                    reasons: (1) The special local regulations               A rule has implications for federalism
                                             Prix.                                                   will be enforced for only seven hours a               under Executive Order 13132,
                                                                                                     day for three days; (2) although persons              Federalism, if it has a substantial direct
                                             C. Comments, Changes, and the Final                     and vessels are prohibited from                       effect on the States, on the relationship
                                             Rule                                                    entering, transiting through, anchoring               between the national government and
                                                There were no comments related to                    in, or remaining within the race area or              the States, or on the distribution of
                                             this event during the comment period                    enforcement area without authorization                power and responsibilities among the
                                             and there was no request for a public                   from the Captain of the Port St.                      various levels of government. We have
                                             meeting made during the comment                         Petersburg or a designated                            analyzed this proposed rule under that
                                             period.                                                 representative, they may operate in the               Order and determined that this rule
                                                This special local regulation will be                surrounding area during the                           does not have implications for
                                             enforced annually during the first                      enforcement period; (3) persons and                   federalism.
                                             Friday, Saturday, and Sunday of July                    vessels may still enter, transit through,             6. Protest Activities
                                             from 10 a.m. to 5 p.m. The special local                anchor in, or remain within the race
                                             regulations will establish the following                area and enforcement area if authorized                 The Coast Guard respects the First
                                             three areas: (1) A race area, where all                 by the Captain of the Port St. Petersburg             Amendment rights of protesters.
                                             persons and vessels, except those                       or a designated representative; and (4)               Protesters are asked to contact the
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                                             persons and vessels participating in the                the Coast Guard would provide advance                 person listed in the FOR FURTHER
                                             high speed boat races, are prohibited                   notification of the special local                     INFORMATION CONTACT section to
                                             from entering, transiting through,                      regulations to the local maritime                     coordinate protest activities so that your
                                             anchoring in, or remaining within; (2) a                community by Local Notice to Mariners,                message can be received without
                                             spectator area, where all vessels must be               Broadcast Notice to Mariners and/or on-               jeopardizing the safety or security of
                                             anchored or operate at No Wake Speed;                   scene designate representatives.                      people, places or vessels.


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                                                                Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations                                              50767

                                             7. Unfunded Mandates Reform Act                         14. Environment                                          (b) Definition. The term ‘‘designated
                                                                                                        We have analyzed this rule under                   representative’’ means Coast Guard
                                               The Unfunded Mandates Reform Act
                                                                                                     Department of Homeland Security                       Patrol Commanders, including Coast
                                             of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                     Management Directive 023–01 and                       Guard coxswains, petty officers, and
                                             federal agencies to assess the effects of
                                             their discretionary regulatory actions. In              Commandant Instruction M16475.lD,                     other officers operating Coast Guard
                                             particular, the Act addresses actions                   which guide the Coast Guard in                        vessels, and Federal, state, and local
                                             that may result in the expenditure by a                 complying with the National                           officers designated by or assisting the
                                             State, local, or tribal government, in the              Environmental Policy Act of 1969                      Captain of the Port St. Petersburg in the
                                             aggregate, or by the private sector of                  (NEPA) (42 U.S.C. 4321–4370f), and                    enforcement of the regulated areas.
                                             $100,000,000 (adjusted for inflation) or                have made a preliminary determination                    (c) Regulations. (1) All persons and
                                             more in any one year. Though this                       that this action is one of a category of              vessels are prohibited from entering,
                                             proposed rule would not result in such                  actions that do not individually or                   transiting through, anchoring in, or
                                             expenditure, we do discuss the effects of               cumulatively have a significant effect on             remaining within the race area unless an
                                             this rule elsewhere in this preamble.                   the human environment. This rule is                   authorized race participant.
                                                                                                     categorically excluded from further
                                             8. Taking of Private Property                           review under paragraph 34(h) of Figure                   (2) Designated representatives may
                                                                                                     2–1 of the Commandant Instruction. A                  control vessel traffic throughout the
                                               This rule would not cause a taking of
                                                                                                     preliminary environmental analysis                    enforcement area as determined by the
                                             private property or otherwise have
                                                                                                     checklist supporting this determination               prevailing conditions.
                                             taking implications under Executive
                                             Order 12630, Governmental Actions and                   is available in the docket where                         (3) All vessels are to be anchored and/
                                             Interference with Constitutionally                      indicated under ADDRESSES.                            or operate at a No Wake Speed in the
                                             Protected Property Rights.                              List of Subjects in 33 CFR Part 100                   spectator area. On-scene designated
                                                                                                                                                           representatives will direct spectator
                                             9. Civil Justice Reform                                   Marine safety, Navigation (water),
                                                                                                                                                           vessels to the spectator area.
                                                                                                     Reporting and recordkeeping
                                               This rule meets applicable standards                  requirements, Waterways                                  (4) All vessel traffic not involved with
                                             in sections 3(a) and 3(b)(2) of Executive                                                                     the event shall enter and exit Sarasota
                                             Order 12988, Civil Justice Reform, to                     For the reasons discussed in the
                                                                                                     preamble, the Coast Guard amends 33                   Bay via Big Sarasota Pass and stay well
                                             minimize litigation, eliminate                                                                                clear of the enforcement area.
                                             ambiguity, and reduce burden.                           CFR part 100 as follows:
                                                                                                                                                              (5) New Pass will be closed to all
                                             10. Protection of Children From                         PART 100—SAFETY OF LIFE ON                            inbound and outbound vessel traffic at
                                             Environmental Health Risks                              NAVIGABLE WATERS                                      the COLREGS Demarcation Line.
                                                We have analyzed this proposed rule                  ■ 1. The authority citation for part 100              Vessels are allowed to utilize New Pass
                                             under Executive Order 13045,                            continues to read as follows:                         to access all areas inland of the
                                             Protection of Children from                                                                                   Demarcation Line via Sarasota Bay. New
                                                                                                         Authority: 33 U.S.C. 1233.
                                             Environmental Health Risks and Safety                                                                         Pass may be opened at the discretion of
                                             Risks. This rule is not an economically                 ■   2. Revise § 100.720 to read as follows:           the Captain of the Port.
                                             significant rule and would not create an                § 100.720 Special Local Regulations;                     (6) Persons and vessels may request
                                             environmental risk to health or risk to                 Suncoast Super Boat Grand Prix, Gulf of               authorization to enter, transit through,
                                             safety that might disproportionately                    Mexico; Sarasota, FL.                                 anchor in, or remain within the
                                             affect children.                                          (a) Regulated areas. The following                  regulated areas by contacting the
                                             11. Indian Tribal Governments                           regulated areas are established as                    Captain of the Port St. Petersburg by
                                                                                                     special local regulations. All                        telephone at (727) 824–7506, or a
                                                This rule does not have tribal                       coordinates are North American Datum                  designated representative via VHF radio
                                             implications under Executive Order                      1983.                                                 on channel 16. If authorization is
                                             13175, Consultation and Coordination                      (1) Race area. All waters of the Gulf               granted by the Captain of the Port St.
                                             with Indian Tribal Governments,                         of Mexico contained within the                        Petersburg or a designated
                                             because it would not have a substantial                 following points: 27°18.19′ N., 82°34.29′             representative, all persons and vessels
                                             direct effect on one or more Indian                     W., thence to position 27°17.42′ N.,                  receiving such authorization must
                                             tribes, on the relationship between the                 82°35.00′ W., thence to position
                                             Federal Government and Indian tribes,                                                                         comply with the instructions of the
                                                                                                     27°18.61′ N., 82°36.59′ W., thence to                 Captain of the Port St. Petersburg or a
                                             or on the distribution of power and                     position 27°19.58′ N., 82°35.54′ W.,
                                             responsibilities between the Federal                                                                          designated representative.
                                                                                                     thence back to the original position
                                             Government and Indian tribes.                           27°18.19′ N., 82°34.29′ W.                               (d) Enforcement date. This section
                                                                                                       (2) Spectator area. All waters of Gulf              will be enforced annually the first
                                             12. Energy Effects
                                                                                                     of Mexico no less than 500 yards from                 Friday, Saturday, and Sunday of July
                                               This rule is not a ‘‘significant energy               the race area and/or as agreed upon by                from 10 a.m. to 5 p.m. EDT daily.
                                             action’’ under Executive Order 13211,                   the Coast Guard and race officials.                     Dated: June 15, 2015.
                                             Actions Concerning Regulations That                       (3) Enforcement area. All waters of                 G.D. Case,
                                             Significantly Affect Energy Supply,                     the Gulf of Mexico encompassed within
                                             Distribution, or Use.                                   the following points: 27°17.87′ N.,                   Captain, U.S. Coast Guard, Captain of the
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                                                                                                                                                           Port St. Petersburg.
                                             13. Technical Standards                                 82°33.93′ W., thence to position
                                                                                                     27°16.61′ N., 82°34.69′ W., thence to                 [FR Doc. 2015–20741 Filed 8–20–15; 8:45 am]
                                               This rule does not use technical                      position 27°18.53′ N., 82°37.52′ W.,                  BILLING CODE 9110–04–P
                                             standards. Therefore, we did not                        thence to position 27°20.04′ N.,
                                             consider the use of voluntary consensus                 82°35.76′ W., thence back to the original
                                             standards.                                              position 27°17.87′ N., 82°33.93′ W.


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Document Created: 2018-02-23 11:00:57
Document Modified: 2018-02-23 11:00:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective September 21, 2015.
ContactIf 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.
FR Citation80 FR 50765 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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