Safety Zone; Firestone Grand Prix of St. Petersburg, St. Petersburg, Florida, 8252-8254 [2019-04136]
Download as PDF
<![CDATA[
8252
Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Rules and Regulations
ACTION:
Final rule; technical
amendment; correction.
DEPARTMENT OF HOMELAND
SECURITY
This action corrects a final
rule technical amendment published in
the Federal Register of February 12,
2019, that amends the using agency for
restricted areas R–5502A and R–5502B,
amends the controlling agency
information for R–5502A, and adds
exclusion language to the R–5502B
boundaries information. This action
corrects a typographical error listed in
the effective date of that rule.
Coast Guard
Effective date: 0901 UTC April
25, 2019.
SUMMARY:
SUMMARY:
DATES:
FOR FURTHER INFORMATION CONTACT:
Colby Abbott, Airspace Policy Group,
Office of Airspace Services, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone (202) 267–8783.
SUPPLEMENTARY INFORMATION:
History
The FAA published a final rule;
technical amendment in the Federal
Register (84 FR 3299; February 12,
2019) for Docket No. FAA–2018–1080
amending restricted areas R–5502A and
R–5502B; Lacarne, OH. Subsequent to
publication, the FAA identified a
typographical error for the date listed in
the effective date; the correct effective
date is April 25, 2019. This action
corrects that error.
Correction to Final Rule; Technical
Amendment
Accordingly, pursuant to the
authority delegated to me, Amendment
of Restricted Areas R–5502A and
R–5502B; Lacarne, OH, published in the
Federal Register of February 12, 2019
(84 FR 3299), FR Doc. 2019–02065, is
corrected as follows:
On page 3300, column 1, lines 4 and
5, remove the text ‘‘April 24, 2019’’ and
add in its place ‘‘April 25, 2019.’’
Issued in Washington, DC, on February 28,
2019.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2019–04156 Filed 3–6–19; 8:45 am]
[Docket Number USCG–2019–0050]
RIN 1625–AA00
Safety Zone; Firestone Grand Prix of
St. Petersburg, St. Petersburg, Florida
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the navigable waters of Tampa Bay, in
the vicinity of the St. Petersburg
Municipal Yacht Basin, St. Petersburg,
Florida during the Firestone Grand Prix
of St. Petersburg. The temporary safety
zone is needed to protect the safety of
race participants, spectators, and vessels
on the surrounding waterway during the
race. Persons and vessels are prohibited
from entering, transiting through,
anchoring in, or remaining within the
regulated area unless authorized by the
Captain of the Port St. Petersburg or a
designated representative.
DATES: This rule is effective daily from
6 a.m. until 10 p.m. on March 8, 2019,
through March 10, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0050 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Marine Science Technician First
Class Michael Shackleford, Sector St.
Petersburg Prevention Department,
Coast Guard; telephone (813) 228–2191,
email Michael.D.Shackleford@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and
Regulatory History
BILLING CODE 4910–13–P
amozie on DSK9F9SC42PROD with RULES
33 CFR Part 165
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
VerDate Sep<11>2014
16:17 Mar 06, 2019
Jkt 247001
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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 received
information regarding the need for a
safety zone on January 14, 2019.
Insufficient time remains to publish a
NPRM and to receive public comments,
as the event will occur before the
rulemaking process would be
completed. Because of the potential
safety hazards associated with the race,
the regulations is necessary to provide
for the safety of race participants,
spectators, and other vessels navigating
the surrounding waterways. For those
reasons, it would be impracticable to
publish an NPRM.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For the reasons discussed
above, the Coast Guard finds that good
cause exists.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port St. Petersburg has
determined that potential hazards
associated with the race, will be a safety
concern for race participants, spectators,
and vessels. This rule is needed to
ensure the safety of life for vessels and
persons within the navigable waters of
the safety zone during the Firestone
Grand Prix of St. Petersburg, Florida.
IV. Discussion of the Rule
This rule establishes a safety zone
from 6 a.m. on March 8, 2019 through
10 p.m. on March 10, 2019. The safety
zone will cover all navigable waters
within a specified area of Tampa Bay,
St. Petersburg. The duration of the zone
is intended to ensure the safety of the
public and these navigable waters
during the race event. No vessel or
person will be permitted to enter, transit
through, anchor in, or remain within the
safety zone without obtaining
permission from the Captain of the Port
St. Petersburg or a designated
representative.
Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated area by contacting the Captain
of the Port St. Petersburg by telephone
at (727) 824–7506, or a designated
representative via VHF radio on channel
16. If authorization to enter, transit
E:\FR\FM\07MRR1.SGM
07MRR1
Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Rules and Regulations
through, anchor in, or remain within the
regulated area is granted by the Captain
of the Port St. Petersburg or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port St. Petersburg or a
designated representative. The Coast
Guard will provide notice of the safety
zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and/or
on-scene designated representatives.
IV. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
amozie on DSK9F9SC42PROD with RULES
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on: (1) The safety zone will be
enforced for a limited period of time
over the course of three days during the
Firestone Grand Prix of St. Petersburg,
Florida race events; (2) although persons
and vessels are prohibited to enter,
transit through, anchor in, or remain
within the regulated area without
authorization from the Captain of the
Port St. Petersburg or a designated
representative, they may operate in the
surrounding area during the
enforcement period; and (3) the Coast
Guard will provide advance notification
of the safety zone to the local maritime
community by Local Notice to Mariners
and/or Broadcast Notice to Mariners.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
VerDate Sep<11>2014
16:17 Mar 06, 2019
Jkt 247001
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule would not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
8253
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
would not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone that will prohibit persons and
vessels from entering, transiting
through, anchoring in, or remaining
within the regulated area during a three
day high speed grand prix race event. It
is categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev.01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
E:\FR\FM\07MRR1.SGM
07MRR1
8254
Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Rules and Regulations
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
amozie on DSK9F9SC42PROD with RULES
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port St. Petersburg or
a designated representative.
(d) Enforcement period. This rule will
be enforced daily from 6 a.m. until 10
p.m. on March 8, 2019, through March
10, 2019.
Dated: March 4, 2019.
H.L. Najarian,
Captain, U.S. Coast Guard, Captain of the
Port St. Petersburg.
[FR Doc. 2019–04136 Filed 3–6–19; 8:45 am]
■
2. Add § 165.T07–0050 to read as
follows:
BILLING CODE 9110–04–P
§ 165.T07–0050 Safety Zone; Firestone
Grand Prix of St. Petersburg, St.
Petersburg, FL.
DEPARTMENT OF VETERANS
AFFAIRS
(a) Regulated area. The following area
is established as a safety zone. All
waters of the Gulf of Mexico
encompassed within the following
points: 27°46′18″ N, 082°37′55.2″ W,
thence to position 27°46′18″ N,
082°37′54.6″ W, thence to position
27°46′9.6″ N, 082°37′54.6″ W, thence to
position 27°46′9.6″ N, 082°37′33″ W,
thence to position 27°46′4.2″ N,
082°37′33″ W, thence to position
27°45′59.4″ N, 082°37′50.4″ W, thence to
position 27°46′6.6″ N, 082°37′56.4″ W,
thence to position 27°46′13.8″ N,
082°37′55.8″ W, thence back to the
original position 27°46′18″ N,
082°37′55.2″ W. All coordinates are
North American Datum 1983.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port St. Petersburg in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port St. Petersburg or a designated
representative.
(2) Designated representatives may
control vessel traffic throughout the
enforcement area as determined by the
prevailing conditions.
(3) Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated areas by contacting the
Captain of the Port St. Petersburg by
telephone at (727) 824–7506, or a
designated representative via VHF radio
on channel 16.
If authorization is granted by the
Captain of the Port St. Petersburg or a
38 CFR Part 17
VerDate Sep<11>2014
16:17 Mar 06, 2019
Jkt 247001
RIN 2900–AP94
Fertility Counseling and Treatment for
Certain Veterans and Spouses
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) adopts as final, with
changes based on subsequent changes to
our statutory authority, an interim final
rule adding a new section to the medical
regulations authorizing in vitro
fertilization (IVF) for a veteran with a
service-connected disability that results
in the inability of the veteran to
procreate without the use of fertility
treatment. In addition, the rule added a
new section stating that VA may
provide fertility counseling and
treatment using assisted reproductive
technologies (ART), including IVF, to a
spouse of a veteran with a serviceconnected disability that results in the
inability of the veteran to procreate
without the use of fertility treatment. As
a result of this rulemaking, VA may
provide both a covered veteran and
spouse of a covered veteran all ART
treatments available to enrolled veterans
under the medical benefits package, as
well as IVF. The interim final rule was
effective on the date of publication. We
provided a 60-day comment period, and
received 13 comments from the public,
all of which were supportive of this
rulemaking. However, the commenters
raised several issues that we address
here. Following publication of the
interim final rule, a statute was enacted
that made several substantive changes to
VA’s authority to provide ART and IVF
to covered veterans and spouses. This
final rule reflects those changes.
DATES: Effective Date: This rule is
effective on March 7, 2019.
SUMMARY:
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
Patricia M. Hayes, Ph.D. Chief
Consultant, Women’s Health Services,
Patient Care Services, Veterans Health
Administration, Department of Veterans
Affairs, 810 Vermont Ave. NW,
Washington, DC 20420. Patricia.hayes@
va.gov (202) 461–0373. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION: On
January 19, 2017, VA published an
interim final rule regarding fertility
counseling and treatment available to
certain veterans and spouses. 82 FR
6275. This interim final rulemaking
added a new § 17.380 to VA’s medical
regulations authorizing in vitro
fertilization (IVF) for a veteran with a
service-connected disability that results
in the inability of the veteran to
procreate without the use of fertility
treatment. As explained in the preamble
to the interim final rulemaking, IVF is
expressly excluded from the medical
benefits package at 38 CFR 17.38(c)(2),
but to help clarify the full scope of
fertility treatment benefits available to
veterans through VA, the rulemaking
added a Note to § 17.38(c)(2) to
reference § 17.380 of the same title. 82
FR at 6275. Section 17.380 is regulatory
authority independent of the medical
benefits package that permits VA to use
the ‘‘Medical Services’’ appropriation
account to provide IVF to certain
veterans, as originally authorized by
section 260 of the Continuing
Appropriations and Military
Construction, Veterans Affairs, and
Related Agencies Appropriations Act,
2017, and Zika Response and
Preparedness Act (Pub. L. 114–223) (the
‘‘2017 Act’’). In addition, consistent
with the 2017 Act, we added a new
§ 17.412 stating that VA may provide
fertility counseling and treatment using
assisted reproductive technologies
(ART) to a spouse of a covered veteran
to the extent such services are
consistent with the services available to
enrolled veterans under the medical
benefits package, as well as IVF to the
spouse of a covered veteran, subject to
certain limitations.
On February 21, 2017, VA published
a correction to the interim final
rulemaking regarding the new
regulations’ expiration date. 82 FR
11152. In particular, we corrected both
sections to reflect that authority to
provide health care services under these
sections would expire on September 30,
2018.
While the above-referenced 2017 Act
was the original authority for VA’s IVF
program, it lapsed once the relevant
funding period ended. VA’s authority to
use Medical Services Funds to provide
E:\FR\FM\07MRR1.SGM
07MRR1
]]>Agencies
[Federal Register Volume 84, Number 45 (Thursday, March 7, 2019)]
[Rules and Regulations]
[Pages 8252-8254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04136]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0050]
RIN 1625-AA00
Safety Zone; Firestone Grand Prix of St. Petersburg, St.
Petersburg, Florida
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters of Tampa Bay, in the vicinity of the St.
Petersburg Municipal Yacht Basin, St. Petersburg, Florida during the
Firestone Grand Prix of St. Petersburg. The temporary safety zone is
needed to protect the safety of race participants, spectators, and
vessels on the surrounding waterway during the race. Persons and
vessels are prohibited from entering, transiting through, anchoring in,
or remaining within the regulated area unless authorized by the Captain
of the Port St. Petersburg or a designated representative.
DATES: This rule is effective daily from 6 a.m. until 10 p.m. on March
8, 2019, through March 10, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0050 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician First Class Michael
Shackleford, Sector St. Petersburg Prevention Department, Coast Guard;
telephone (813) 228-2191, email Michael.D.Shackleford@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
received information regarding the need for a safety zone on January
14, 2019. Insufficient time remains to publish a NPRM and to receive
public comments, as the event will occur before the rulemaking process
would be completed. Because of the potential safety hazards associated
with the race, the regulations is necessary to provide for the safety
of race participants, spectators, and other vessels navigating the
surrounding waterways. For those reasons, it would be impracticable to
publish an NPRM.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the reasons discussed above,
the Coast Guard finds that good cause exists.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port St. Petersburg has determined that
potential hazards associated with the race, will be a safety concern
for race participants, spectators, and vessels. This rule is needed to
ensure the safety of life for vessels and persons within the navigable
waters of the safety zone during the Firestone Grand Prix of St.
Petersburg, Florida.
IV. Discussion of the Rule
This rule establishes a safety zone from 6 a.m. on March 8, 2019
through 10 p.m. on March 10, 2019. The safety zone will cover all
navigable waters within a specified area of Tampa Bay, St. Petersburg.
The duration of the zone is intended to ensure the safety of the public
and these navigable waters during the race event. No vessel or person
will be permitted to enter, transit through, anchor in, or remain
within the safety zone without obtaining permission from the Captain of
the Port St. Petersburg or a designated representative.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the Captain of the Port St. Petersburg by telephone at (727) 824-7506,
or a designated representative via VHF radio on channel 16. If
authorization to enter, transit
[[Page 8253]]
through, anchor in, or remain within the regulated area is granted by
the Captain of the Port St. Petersburg or a designated representative,
all persons and vessels receiving such authorization must comply with
the instructions of the Captain of the Port St. Petersburg or a
designated representative. The Coast Guard will provide notice of the
safety zone by Local Notice to Mariners, Broadcast Notice to Mariners,
and/or on-scene designated representatives.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on: (1) The safety
zone will be enforced for a limited period of time over the course of
three days during the Firestone Grand Prix of St. Petersburg, Florida
race events; (2) although persons and vessels are prohibited to enter,
transit through, anchor in, or remain within the regulated area without
authorization from the Captain of the Port St. Petersburg or a
designated representative, they may operate in the surrounding area
during the enforcement period; and (3) the Coast Guard will provide
advance notification of the safety zone to the local maritime community
by Local Notice to Mariners and/or Broadcast Notice to Mariners.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within the regulated
area during a three day high speed grand prix race event. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev.01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping
[[Page 8254]]
requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T07-0050 to read as follows:
Sec. 165.T07-0050 Safety Zone; Firestone Grand Prix of St.
Petersburg, St. Petersburg, FL.
(a) Regulated area. The following area is established as a safety
zone. All waters of the Gulf of Mexico encompassed within the following
points: 27[deg]46'18'' N, 082[deg]37'55.2'' W, thence to position
27[deg]46'18'' N, 082[deg]37'54.6'' W, thence to position
27[deg]46'9.6'' N, 082[deg]37'54.6'' W, thence to position
27[deg]46'9.6'' N, 082[deg]37'33'' W, thence to position
27[deg]46'4.2'' N, 082[deg]37'33'' W, thence to position
27[deg]45'59.4'' N, 082[deg]37'50.4'' W, thence to position
27[deg]46'6.6'' N, 082[deg]37'56.4'' W, thence to position
27[deg]46'13.8'' N, 082[deg]37'55.8'' W, thence back to the original
position 27[deg]46'18'' N, 082[deg]37'55.2'' W. All coordinates are
North American Datum 1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port St. Petersburg in the enforcement of the regulated
areas.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port St.
Petersburg or a designated representative.
(2) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
(3) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated areas by contacting
the Captain of the Port St. Petersburg by telephone at (727) 824-7506,
or a designated representative via VHF radio on channel 16.
If authorization is granted by the Captain of the Port St.
Petersburg or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port St. Petersburg or a designated representative.
(d) Enforcement period. This rule will be enforced daily from 6
a.m. until 10 p.m. on March 8, 2019, through March 10, 2019.
Dated: March 4, 2019.
H.L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2019-04136 Filed 3-6-19; 8:45 am]
BILLING CODE 9110-04-P
