83_FR_25670 83 FR 25563 - Special Local Regulation; Gulfport Grand Prix, Boca Ciego Bay, Gulfport, FL

83 FR 25563 - Special Local Regulation; Gulfport Grand Prix, Boca Ciego Bay, Gulfport, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 107 (June 4, 2018)

Page Range25563-25565
FR Document2018-11853

The Coast Guard is establishing a special local regulation on the waters of the Boca Ciego Bay in the vicinity of Gulfport, Florida, during the Gulfport Grand Prix High Speed Boat Race. Approximately 50 boats, 16 feet in length, traveling at speeds in excess of 120 miles per hour are expected to participate. Additionally, it is anticipated that 20 spectator vessels will be present along the race course. 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 will establish two regulated areas: (1) A race area where all non-participant persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port St. Petersburg (COTP) or a designated representative; and (2) a buffer zone where designated representatives may control vessel traffic as deemed necessary by the COTP St. Petersburg or a designated representative based upon prevailing weather conditions.

Federal Register, Volume 83 Issue 107 (Monday, June 4, 2018)
[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Rules and Regulations]
[Pages 25563-25565]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11853]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0421]
RIN 1625-AA08


Special Local Regulation; Gulfport Grand Prix, Boca Ciego Bay, 
Gulfport, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a special local regulation on 
the waters of the Boca Ciego Bay in the vicinity of Gulfport, Florida, 
during the Gulfport Grand Prix High Speed Boat Race. Approximately 50 
boats, 16 feet in length, traveling at speeds in excess of 120 miles 
per hour are expected to participate. Additionally, it is anticipated 
that 20 spectator vessels will be present along the race course. 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 will establish two regulated areas: (1) A race area 
where all non-participant persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port St. 
Petersburg (COTP) or a designated representative; and (2) a buffer zone 
where designated representatives may control vessel traffic as deemed 
necessary by the COTP St. Petersburg or a designated

[[Page 25564]]

representative based upon prevailing weather conditions.

DATES: This rule is effective daily from 10 a.m. to 5 p.m. on June 1, 
2018, through June 3, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0421 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
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. The Coast Guard did not receive the full event plans 
from the event sponsor nor the details of the event until late March 
2018, leaving insufficient time to publish an NPRM. We must establish 
this special local regulation on June 1, 2018 and lack sufficient time 
to provide a reasonable comment period and then consider those comments 
before issuing the rule. The NPRM process would delay the establishment 
of the regulated area until after the date of race event, which would 
compromise public safety.
    For the reason discussed above, 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.

III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's authority to 
establish special local regulations in 33 U.S.C. 1233. The purpose of 
the rule is to provide for the safety of the event participants, 
spectators, and the general public on the navigable waters of the Gulf 
of Mexico during the Gulfport Grand Prix High Speed Boat Race event.

IV. Discussion of the Rule

    This rule establishes a special local regulation that will 
encompass certain waters of the Boca Ciega Bay in the vicinity of 
Gulfport, Florida. The special local regulation will be enforced daily 
from 10 a.m. to 5 p.m. on June 1, 2018 through June 3, 2018. The 
special local regulation will establish two regulated areas: (1) A race 
area where all non-participant persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area without obtaining permission from the COTP St. 
Petersburg or a designated representative; and (2) a buffer zone where 
vessel traffic may be controlled as deemed necessary by the COTP St. 
Petersburg or a designated representative based upon prevailing weather 
conditions.
    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 regulated areas by Local Notice to Mariners, Broadcast 
Notice to Mariners, or by 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 size, 
location, duration, and time-of-day of the regulated areas. Vessel 
traffic will be able to safely transit around the regulated area, which 
would impact a small designated area of the waters of the Boca Ciego 
Bay for seven hours daily over only three days. Moreover, the Coast 
Guard would issue a Broadcast Notice to Mariners via VHF-FM Channel 16 
about the regulated areas as well as a Local Notice to Mariners, and 
the rule would allow vessels to seek permission to enter, transit 
through, anchor in, or remain within the regulated areas.

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

[[Page 25565]]

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 
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 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 enforced for seven hours daily over a period 
of three days that will prohibit non-participant persons and vessels 
from entering, transiting through, remaining within, or anchoring in 
the regulated area. This rule is categorically excluded from further 
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

List of Subjects in 33 CFR Part 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; 33 CFR 1.05-1.

0
2. Add Sec.  100.T07-0421 to read as follows:


Sec.  100.T07-0421   Special Local Regulation; Gulfport Grand Prix, 
Boca de Ciego; Gulfport, FL.

    (a) Location. The following regulated areas are established as a 
special local regulation. All coordinates are North American Datum 
1983.
    (1) Race area. All waters of Boca de Ciego contained within the 
following points: 27[deg]44'10'' N, 082[deg]42'29'' W, thence to 
position 27[deg]44'07'' N, 082[deg]42'40'' W, thence to position 
27[deg]44'06'' N, 082[deg]42'40'' W, thence to position 27[deg]44'04'' 
N, 082[deg]42'29'' W, thence to position 27[deg]44'07'' N, 
082[deg]42'19'' W, thence to position 27[deg]44'08'' N, 082[deg]42'19'' 
W, thence back to the original position, 27[deg]44'10'' N, 
082[deg]42'29'' W.
    (2) Buffer zone. All waters of Boca de Ciego encompassed within the 
following points: 27[deg]44'10'' N, 082[deg]42'47'' W, thence to 
position 27[deg]44'01'' N, 082[deg]42'44'' W, thence to position 
27[deg]44'01'' N, 082[deg]42'14'' W, thence to position 27[deg]44'15'' 
N, 082[deg]42'14'' 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 non-participant persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the race area unless an authorized by the Captain of 
the Port (COTP) St. Petersburg or a designated representative.
    (2) Vessel traffic within the buffer zone may be controlled by the 
COTP St. Petersburg or a designated representative as deemed necessary 
by the COTP St. Petersburg or a designated representative based upon 
prevailing weather conditions.
    (3) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the race area contact the COTP St. Petersburg by 
telephone at (727) 824-7506 or via VHF-FM radio Channel 16 to request 
authorization.
    (4) If authorization to enter, transit through, anchor in, or 
remain within the race area is granted, all persons and vessels 
receiving such authorization shall comply with the instructions of the 
COTP or a designated representative.
    (5) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, or by on-scene 
designated representatives.
    (d) Enforcement period. This rule will be enforced daily from 10 
a.m. until 5 p.m. on June 1, 2018, through June 3, 2018.

Holly L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2018-11853 Filed 6-1-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations                                                         25563

                                              please submit a comment (see                            will not result in such an expenditure,                              TABLE 1 TO § 100.1102
                                              ADDRESSES) explaining why you think it                  we do discuss the effects of this rule
                                              qualifies and how and to what degree                    elsewhere in this preamble.
                                              this rule would economically affect it.                                                                                 *            *          *         *       *
                                                 Under section 213(a) of the Small                    F. Environment
                                                                                                                                                                            20. Great Western Tube Float
                                              Business Regulatory Enforcement
                                                                                                        We have analyzed this rule under
                                              Fairness Act of 1996 (Pub. L. 104–121),                                                                        Sponsor .............      City of Parker, AZ.
                                                                                                      Department of Homeland Security                        Event Descrip-             River float.
                                              we want to assist small entities in
                                              understanding this rule. If the rule                    Management Directive 023–01 and                          tion.
                                                                                                                                                             Date ...................   June 9, 2018.
                                              would affect your small business,                       Commandant Instruction M16475.lD,                      Location .............     Parker, AZ.
                                              organization, or governmental                           which guide the Coast Guard in                         Regulated Area             The navigable waters of the Col-
                                              jurisdiction and you have questions                     complying with the National                                                         orado River from Buckskin
                                                                                                      Environmental Policy Act of 1969 (42                                                Mountain State Park to La Paz
                                              concerning its provisions or options for                                                                                                    County Park.
                                              compliance, please contact the person                   U.S.C. 4321–4370f), and have
                                              listed in the FOR FURTHER INFORMATION                   determined that this action is one of a
                                                                                                                                                               Dated: May 11, 2018.
                                              CONTACT section. The Coast Guard will                   category of actions that do not
                                                                                                      individually or cumulatively have a                    J.R. Buzzella,
                                              not retaliate against small entities that
                                              question or complain about this rule or                 significant effect on the human                        Captain, U.S. Coast Guard, Captain of the
                                                                                                                                                             Port San Diego.
                                              any policy or action of the Coast Guard.                environment. This rule involves
                                                                                                                                                             [FR Doc. 2018–11922 Filed 6–1–18; 8:45 am]
                                                                                                      establishment of marine event special
                                              C. Collection of Information                                                                                   BILLING CODE 9110–04–P
                                                                                                      local regulations on the navigable
                                                This rule calls for no new collection                 waters of the Colorado River. It is
                                              of information under the Paperwork                      categorically excluded from further
                                              Reduction Act of 1995 (44 U.S.C. 3501–                                                                         DEPARTMENT OF HOMELAND
                                                                                                      review under paragraph L61 of                          SECURITY
                                              3520).                                                  Appendix A, Table 1 of DHS Instruction
                                              D. Federalism and Indian Tribal                         Manual 023–01–001–01, Rev. 01. A                       Coast Guard
                                              Government                                              Record of Environmental Consideration
                                                 A rule has implications for federalism               supporting this determination is                       33 CFR Part 100
                                              under E.O. 13132, Federalism, if it has                 available in the docket where indicated
                                                                                                      under ADDRESSES.                                       [Docket Number USCG–2018–0421]
                                              a substantial direct effect on the States,
                                              on the relationship between the national                G. Protest Activities                                  RIN 1625–AA08
                                              government and the States, or on the
                                              distribution of power and                                 The Coast Guard respects the First                   Special Local Regulation; Gulfport
                                              responsibilities among the various                      Amendment rights of protesters.                        Grand Prix, Boca Ciego Bay, Gulfport,
                                              levels of government. We have analyzed                  Protesters are asked to contact the                    FL
                                              this rule under that Order and                          person listed in the FOR FURTHER
                                              determined that it is consistent with the                                                                      AGENCY:        Coast Guard, DHS.
                                                                                                      INFORMATION CONTACT section to
                                              fundamental federalism principles and                   coordinate protest activities so that your             ACTION:       Temporary final rule.
                                              preemption requirements described in                    message can be received without
                                              E.O. 13132.                                                                                                    SUMMARY:    The Coast Guard is
                                                                                                      jeopardizing the safety or security of                 establishing a special local regulation on
                                                 Also, this rule does not have tribal
                                                                                                      people, places or vessels.                             the waters of the Boca Ciego Bay in the
                                              implications under Executive Order
                                              13175, Consultation and Coordination                    List of Subjects in 33 CFR Part 100                    vicinity of Gulfport, Florida, during the
                                              with Indian Tribal Governments,                                                                                Gulfport Grand Prix High Speed Boat
                                              because it would not have a substantial                   Marine safety, Navigation (water),                   Race. Approximately 50 boats, 16 feet in
                                              direct effect on one or more Indian                     Reporting and recordkeeping                            length, traveling at speeds in excess of
                                              tribes, on the relationship between the                 requirements, and Waterways.                           120 miles per hour are expected to
                                              Federal Government and Indian tribes,                                                                          participate. Additionally, it is
                                                                                                        For the reasons discussed in the                     anticipated that 20 spectator vessels will
                                              or on the distribution of power and
                                                                                                      preamble, the Coast Guard amends 33                    be present along the race course. The
                                              responsibilities between the Federal
                                                                                                      CFR part 100 as follows:                               special local regulation is necessary to
                                              Government and Indian tribes. If you
                                              believe this rule has implications for                                                                         protect the safety of race participants,
                                                                                                      PART 100—SAFETY OF LIFE ON                             participant vessels, spectators, and the
                                              federalism or Indian tribes, please                     NAVIGABLE WATERS
                                              contact the person listed in the FOR                                                                           general public on navigable waters of
                                              FURTHER INFORMATION CONTACT section                                                                            the United States during the event. The
                                                                                                      ■ 1. The authority citation for part 100               special local regulation will establish
                                              above.
                                                                                                      continues to read as follows:                          two regulated areas: (1) A race area
                                              E. Unfunded Mandates Reform Act                                                                                where all non-participant persons and
                                                                                                          Authority: 33 U.S.C. 1233
                                                The Unfunded Mandates Reform Act                                                                             vessels are prohibited from entering,
                                              of 1995 (2 U.S.C. 1531–1538) requires                   ■  2. In § 100.1102, in Table 1 to                     transiting through, anchoring in, or
                                              Federal agencies to assess the effects of               § 100.1102, suspend item ‘‘9’’ and add                 remaining within the regulated area
sradovich on DSK3GMQ082PROD with RULES




                                              their discretionary regulatory actions. In              item ‘‘20’’ to read as follows:                        unless authorized by the Captain of the
                                              particular, the Act addresses actions                                                                          Port St. Petersburg (COTP) or a
                                              that may result in the expenditure by a                 § 100.1102 Annual Marine Events on the                 designated representative; and (2) a
                                                                                                      Colorado River, between Davis Dam                      buffer zone where designated
                                              State, local, or tribal government, in the
                                                                                                      (Bullhead City, Arizona) and Headgate Dam
                                              aggregate, or by the private sector of                                                                         representatives may control vessel
                                                                                                      (Parker, Arizona).
                                              $100,000,000 (adjusted for inflation) or                                                                       traffic as deemed necessary by the COTP
                                              more in any one year. Though this rule                  *      *      *       *      *                         St. Petersburg or a designated


                                         VerDate Sep<11>2014   16:56 Jun 01, 2018   Jkt 244001   PO 00000   Frm 00017   Fmt 4700   Sfmt 4700   E:\FR\FM\04JNR1.SGM        04JNR1


                                              25564                Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations

                                              representative based upon prevailing                    III. Legal Authority and Need for Rule                 approaches that maximize net benefits.
                                              weather conditions.                                        The legal basis for this rule is the                Executive Order 13771 directs agencies
                                              DATES: This rule is effective daily from                Coast Guard’s authority to establish                   to control regulatory costs through a
                                              10 a.m. to 5 p.m. on June 1, 2018,                      special local regulations in 33 U.S.C.                 budgeting process. This rule has not
                                              through June 3, 2018.                                   1233. The purpose of the rule is to                    been designated a ‘‘significant
                                              ADDRESSES: To view documents                            provide for the safety of the event                    regulatory action,’’ under Executive
                                              mentioned in this preamble as being                     participants, spectators, and the general              Order 12866. Accordingly, this rule has
                                              available in the docket, go to http://                  public on the navigable waters of the                  not been reviewed by the Office of
                                              www.regulations.gov, type USCG–2018–                    Gulf of Mexico during the Gulfport                     Management and Budget (OMB), and
                                              0421 in the ‘‘SEARCH’’ box and click                    Grand Prix High Speed Boat Race event.                 pursuant to OMB guidance it is exempt
                                              ‘‘SEARCH.’’ Click on Open Docket                                                                               from the requirements of Executive
                                                                                                      IV. Discussion of the Rule                             Order 13771.
                                              Folder on the line associated with this
                                              rule.                                                      This rule establishes a special local                  This regulatory action determination
                                                                                                      regulation that will encompass certain                 is based on the size, location, duration,
                                              FOR FURTHER INFORMATION CONTACT: If
                                                                                                      waters of the Boca Ciega Bay in the                    and time-of-day of the regulated areas.
                                              you have questions on this rule, call or                                                                       Vessel traffic will be able to safely
                                              email Marine Science Technician First                   vicinity of Gulfport, Florida. The special
                                                                                                      local regulation will be enforced daily                transit around the regulated area, which
                                              Class Michael D. Shackleford, Sector St.                                                                       would impact a small designated area of
                                              Petersburg Prevention Department,                       from 10 a.m. to 5 p.m. on June 1, 2018
                                                                                                      through June 3, 2018. The special local                the waters of the Boca Ciego Bay for
                                              Coast Guard; telephone (813) 228–2191,                                                                         seven hours daily over only three days.
                                              email Michael.D.Shackleford@uscg.mil.                   regulation will establish two regulated
                                                                                                      areas: (1) A race area where all non-                  Moreover, the Coast Guard would issue
                                              SUPPLEMENTARY INFORMATION:                                                                                     a Broadcast Notice to Mariners via
                                                                                                      participant persons and vessels are
                                              I. Table of Abbreviations                               prohibited from entering, transiting                   VHF–FM Channel 16 about the
                                                                                                      through, anchoring in, or remaining                    regulated areas as well as a Local Notice
                                              CFR Code of Federal Regulations                                                                                to Mariners, and the rule would allow
                                              DHS Department of Homeland Security                     within the regulated area without
                                              FR Federal Register                                     obtaining permission from the COTP St.                 vessels to seek permission to enter,
                                              NPRM Notice of proposed rulemaking                      Petersburg or a designated                             transit through, anchor in, or remain
                                              Pub. L. Public Law                                      representative; and (2) a buffer zone                  within the regulated areas.
                                              § Section                                               where vessel traffic may be controlled as              B. Impact on Small Entities
                                              U.S.C. United States Code                               deemed necessary by the COTP St.
                                              COTP Captain of the Port                                Petersburg or a designated                                The Regulatory Flexibility Act of
                                                                                                      representative based upon prevailing                   1980, 5 U.S.C. 601–612, as amended,
                                              II. Background Information and
                                                                                                      weather conditions.                                    requires federal agencies to consider the
                                              Regulatory History
                                                                                                         Persons and vessels may request                     potential impact of regulations on small
                                                 The Coast Guard is establishing this                                                                        entities during rulemaking. The term
                                                                                                      authorization to enter, transit through,
                                              special local regulation without prior                                                                         ‘‘small entities’’ comprises small
                                                                                                      anchor in, or remain within the
                                              notice and opportunity to comment                       regulated area by contacting the Captain               businesses, not-for-profit organizations
                                              pursuant to authority under section 4(a)                of the Port (COTP) St. Petersburg by                   that are independently owned and
                                              of the Administrative Procedure Act                     telephone at (727) 824–7506, or a                      operated and are not dominant in their
                                              (APA) (5 U.S.C. 553(b)). This provision                 designated representative via VHF radio                fields, and governmental jurisdictions
                                              authorizes an agency to issue a rule                    on channel 16. If authorization to enter,              with populations of less than 50,000.
                                              without prior notice and opportunity to                 transit through, anchor in, or remain                  The Coast Guard certifies under 5 U.S.C.
                                              comment when the agency for good                        within the regulated area is granted by                605(b) that this rule would not have a
                                              cause finds that those procedures are                   the COTP St. Petersburg or a designated                significant economic impact on a
                                              ‘‘impracticable, unnecessary, or contrary               representative, all persons and vessels                substantial number of small entities.
                                              to the public interest.’’ Under 5 U.S.C.                receiving such authorization must                         While some owners or operators of
                                              553(b)(B), the Coast Guard finds that                   comply with the instructions of the                    vessels intending to transit the safety
                                              good cause exists for not publishing a                  COTP St. Petersburg or a designated                    zone may be small entities, for the
                                              notice of proposed rulemaking (NPRM)                    representative. The Coast Guard will                   reasons stated in section V.A above, this
                                              with respect to this rule because it is                 provide notice of the regulated areas by               rule will not have a significant
                                              impracticable. The Coast Guard did not                  Local Notice to Mariners, Broadcast                    economic impact on any vessel owner
                                              receive the full event plans from the                   Notice to Mariners, or by on-scene                     or operator.
                                              event sponsor nor the details of the                    designated representatives.                               Under section 213(a) of the Small
                                              event until late March 2018, leaving                                                                           Business Regulatory Enforcement
                                              insufficient time to publish an NPRM.                   V. Regulatory Analyses                                 Fairness Act of 1996 (Pub. L. 104–121),
                                              We must establish this special local                      We developed this rule after                         we want to assist small entities in
                                              regulation on June 1, 2018 and lack                     considering numerous statutes and                      understanding this rule. If the rule
                                              sufficient time to provide a reasonable                 Executive orders related to rulemaking.                would affect your small business,
                                              comment period and then consider                        Below we summarize our analyses                        organization, or governmental
                                              those comments before issuing the rule.                 based on a number of these statutes and                jurisdiction and you have questions
                                              The NPRM process would delay the                        executive orders, and we discuss First                 concerning its provisions or options for
                                              establishment of the regulated area until               Amendment rights of protestors.                        compliance, please contact the person
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                                              after the date of race event, which                                                                            listed in the FOR FURTHER INFORMATION
                                              would compromise public safety.                         A. Regulatory Planning and Review                      CONTACT section.
                                                 For the reason discussed above, under                   Executive Orders 12866 and 13563                       Small businesses may send comments
                                              5 U.S.C. 553(d)(3), the Coast Guard finds               direct agencies to assess the costs and                on the actions of federal employees who
                                              that good cause exists for making this                  benefits of available regulatory                       enforce, or otherwise determine
                                              rule effective less than 30 days after                  alternatives and, if regulation is                     compliance with, federal regulations to
                                              publication in the Federal Register.                    necessary, to select regulatory                        the Small Business and Agriculture


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                                                                   Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations                                                 25565

                                              Regulatory Enforcement Ombudsman                        F. Environment                                          thence to position 27°44′07″ N,
                                              and the Regional Small Business                           We have analyzed this rule under                      082°42′40″ W, thence to position
                                              Regulatory Fairness Boards. The                         Department of Homeland Security                         27°44′06″ N, 082°42′40″ W, thence to
                                              Ombudsman evaluates these actions                       Directive 023–01 and Commandant                         position 27°44′04″ N, 082°42′29″ W,
                                              annually and rates each agency’s                        Instruction M16475.lD, which guide the                  thence to position 27°44′07″ N,
                                              responsiveness to small business. If you                Coast Guard in complying with the                       082°42′19″ W, thence to position
                                              wish to comment on actions by                           National Environmental Policy Act of                    27°44′08″ N, 082°42′19″ W, thence back
                                              employees of the Coast Guard, call 1–                   1969 (42 U.S.C. 4321–4370f), and have                   to the original position, 27°44′10″ N,
                                              888–REG–FAIR (1–888–734–3247). The                      made a determination that this action is                082°42′29″ W.
                                              Coast Guard will not retaliate against                  one of a category of actions that do not                  (2) Buffer zone. All waters of Boca de
                                              small entities that question or complain                individually or cumulatively have a                     Ciego encompassed within the
                                              about this rule or any policy or action                 significant effect on the human                         following points: 27°44′10″ N,
                                              of the Coast Guard.                                     environment. This rule involves a                       082°42′47″ W, thence to position
                                                                                                      special local regulation issued in                      27°44′01″ N, 082°42′44″ W, thence to
                                              C. Collection of Information                                                                                    position 27°44′01″ N, 082°42′14″ W,
                                                                                                      conjunction with a regatta or marine
                                                                                                      parade enforced for seven hours daily                   thence to position 27°44′15″ N,
                                                This rule will not call for a new                                                                             082°42′14″ W.
                                              collection of information under the                     over a period of three days that will
                                                                                                                                                                (b) Definition. The term ‘‘designated
                                              Paperwork Reduction Act of 1995 (44                     prohibit non-participant persons and
                                                                                                                                                              representative’’ means Coast Guard
                                              U.S.C. 3501–3520).                                      vessels from entering, transiting
                                                                                                                                                              Patrol Commanders, including Coast
                                                                                                      through, remaining within, or anchoring
                                              D. Federalism and Indian Tribal                                                                                 Guard coxswains, petty officers, and
                                                                                                      in the regulated area. This rule is
                                              Governments                                                                                                     other officers operating Coast Guard
                                                                                                      categorically excluded from further
                                                                                                                                                              vessels, and Federal, state, and local
                                                                                                      review under paragraph L61 of
                                                 A rule has implications for federalism                                                                       officers designated by or assisting the
                                                                                                      Appendix A, Table 1 of DHS Instruction
                                              under Executive Order 13132,                                                                                    COTP St. Petersburg in the enforcement
                                                                                                      Manual 023–01–001–01, Rev. 01. A
                                              Federalism, if it has a substantial direct                                                                      of the regulated areas.
                                                                                                      Record of Environmental Consideration
                                              effect on the States, on the relationship                                                                         (c) Regulations. (1) All non-
                                                                                                      supporting this determination is
                                              between the national government and                                                                             participant persons and vessels are
                                                                                                      available in the docket where indicated
                                              the States, or on the distribution of                                                                           prohibited from entering, transiting
                                                                                                      under ADDRESSES.
                                              power and responsibilities among the                                                                            through, anchoring in, or remaining
                                              various levels of government. We have                   G. Protest Activities                                   within the race area unless an
                                              analyzed this rule under that Order and                   The Coast Guard respects the First                    authorized by the Captain of the Port
                                              have determined that it is consistent                   Amendment rights of protesters.                         (COTP) St. Petersburg or a designated
                                              with the fundamental federalism                         Protesters are asked to contact the                     representative.
                                              principles and preemption requirements                  person listed in the FOR FURTHER                          (2) Vessel traffic within the buffer
                                              described in Executive Order 13132.                     INFORMATION CONTACT section to
                                                                                                                                                              zone may be controlled by the COTP St.
                                                                                                      coordinate protest activities so that your              Petersburg or a designated
                                                 Also, this rule does not have tribal                                                                         representative as deemed necessary by
                                              implications under Executive Order                      message can be received without
                                                                                                      jeopardizing the safety or security of                  the COTP St. Petersburg or a designated
                                              13175, Consultation and Coordination                                                                            representative based upon prevailing
                                              with Indian Tribal Governments,                         people, places, or vessels.
                                                                                                                                                              weather conditions.
                                              because it would not have a substantial                 List of Subjects in 33 CFR Part 100                       (3) Persons and vessels desiring to
                                              direct effect on one or more Indian                       Marine safety, Navigation (water),                    enter, transit through, anchor in, or
                                              tribes, on the relationship between the                 Reporting and recordkeeping                             remain within the race area contact the
                                              Federal Government and Indian tribes,                   requirements, Waterways.                                COTP St. Petersburg by telephone at
                                              or on the distribution of power and                       For the reasons discussed in the                      (727) 824–7506 or via VHF–FM radio
                                              responsibilities between the Federal                    preamble, the Coast Guard amends 33                     Channel 16 to request authorization.
                                              Government and Indian tribes. If you                    CFR part 100 as follows:                                  (4) If authorization to enter, transit
                                              believe this rule has implications for                                                                          through, anchor in, or remain within the
                                              federalism or Indian tribes, please                     PART 100—SAFETY OF LIFE ON                              race area is granted, all persons and
                                              contact the person listed in the FOR                    NAVIGABLE WATERS                                        vessels receiving such authorization
                                              FURTHER INFORMATION CONTACT section                                                                             shall comply with the instructions of
                                              above.                                                  ■ 1. The authority citation for part 100                the COTP or a designated
                                                                                                      continues to read as follows:                           representative.
                                              E. Unfunded Mandates Reform Act                              Authority: 33 U.S.C. 1233; 33 CFR 1.05–              (5) The Coast Guard will provide
                                                                                                      1.                                                      notice of the regulated areas by Local
                                                The Unfunded Mandates Reform Act
                                                                                                      ■ 2. Add § 100.T07–0421 to read as                      Notice to Mariners, Broadcast Notice to
                                              of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                      follows:                                                Mariners, or by on-scene designated
                                              federal agencies to assess the effects of
                                                                                                                                                              representatives.
                                              their discretionary regulatory actions. In              § 100.T07–0421 Special Local Regulation;                  (d) Enforcement period. This rule will
                                              particular, the Act addresses actions                   Gulfport Grand Prix, Boca de Ciego;                     be enforced daily from 10 a.m. until 5
                                              that may result in the expenditure by a                 Gulfport, FL.                                           p.m. on June 1, 2018, through June 3,
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                                              State, local, or tribal government, in the                (a) Location. The following regulated                 2018.
                                              aggregate, or by the private sector of                  areas are established as a special local
                                              $100,000,000 (adjusted for inflation) or                regulation. All coordinates are North                   Holly L. Najarian,
                                              more in any one year. Though this rule                  American Datum 1983.                                    Captain, U.S. Coast Guard, Captain of the
                                              would not result in such expenditure,                     (1) Race area. All waters of Boca de                  Port Saint Petersburg.
                                              we do discuss the effects of this rule                  Ciego contained within the following                    [FR Doc. 2018–11853 Filed 6–1–18; 8:45 am]
                                              elsewhere in this preamble.                             points: 27°44′10″ N, 082°42′29″ W,                      BILLING CODE 9110–04–P




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Document Created: 2018-06-02 00:47:21
Document Modified: 2018-06-02 00:47:21
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
ActionTemporary final rule.
DatesThis rule is effective daily from 10 a.m. to 5 p.m. on June 1, 2018, through June 3, 2018.
ContactIf 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]
FR Citation83 FR 25563 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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