Special Local Regulation; Gulf of Mexico, Fort Myers Beach, FL, 53314-53316 [2019-21527]
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Federal Register / Vol. 84, No. 194 / Monday, October 7, 2019 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2019–0602]
RIN 1625–AA08
Special Local Regulation; Gulf of
Mexico, Fort Myers Beach, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation (SLR) for certain waters of the
Gulf of Mexico adjacent to Fort Myers
Beach, FL. This action is necessary to
provide for the safety of race
participants, participant vessels,
spectators, and the general public on
these navigable waters near Fort Myers
Beach during the Roar Offshore boat
race. This SLR establishes an
enforcement area where all persons and
vessels, except those persons and
vessels participating in the high speed
boat race, are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
without obtaining permission from the
Captain of the Port St. Petersburg or a
designated representative.
DATES: This rule is effective daily from
9:30 a.m. until 5:30 p.m., on October 10,
2019 through October 12, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0602 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Marine Science Technician First
Class Michael Shackleford, Sector St.
Petersburg Prevention Department,
Coast Guard; telephone (813) 228–2191,
email Michael.d.shackleford@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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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
§ 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
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notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. There is insufficient time
to publish an NPRM and receive public
comment as the Roar Offshore event
will occur before the rulemaking
process can be reasonably completed.
Because of the dangers associated with
high speed boat races, this regulation is
necessary to provide for the safety of
event participants, spectators, and
vessels transiting the event area. For
those reasons, it would be impracticable
to publish an NPRM.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because prompt action is needed to
ensure the safety of safety of race
participants, participant vessels,
spectators, and the general public.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041
(previously 33 U.S.C. 1231). The
purpose of the rule is to provide for the
safety of life on navigable waters of the
United States during the Roar Offshore
High Speed Boat Race.
IV. Discussion of the Rule
This rule establishes a special local
regulation daily from 9:30 a.m. until
5:30 p.m., on October 10, 2019 through
October 12, 2019. The special local
regulation would establish an
enforcement area where designated
representatives may control vessel
traffic as determined by the prevailing
conditions. The enforcement area would
cover all navigable waters in the Gulf of
Mexico west of Fort Myers Beach inside
a rectangle commencing at latitude
26°26′27″ N, 081°55′55″ W, thence to
position 26°25′33″ N, 081°56′34″ W,
thence to position 26°26′38″ N,
081°58′40″ W, thence to position
26°27′25″ N, 081°58′8″ W, thence to the
original position at 26°26′27″ N,
081°55′55″ W. These coordinates are
based on North American Datum 83
(NAD 83).
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Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated area by contacting the COTP
St. Petersburg by telephone at (727)
824–7506, or a designated
representative via VHF radio on channel
16. If authorization to enter, transit
through, anchor in, or remain within the
regulated area is granted by the COTP
St. Petersburg or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP St. Petersburg or a designated
representative. The Coast Guard will
provide notice of the special local
regulation by Local Notice to Mariners,
Broadcast Notice to Mariners, and/or
on-scene designated representatives.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the following reasons: (1)
The special local regulation would be
enforced in a small designated area off
of Fort Myers Beach for only eight hours
on three consecutive days; (2) although
persons and vessels may not enter,
transit through, anchor in, or remain
within the regulated area without
authorization from the COTP St.
Petersburg or a designated
representative, they may operate in the
surrounding area during the
enforcement period; (3) persons and
vessels may still enter, transit through,
anchor in, or remain within the
regulated area or anchor in the spectator
area, during the enforcement period if
authorized by the COTP St. Petersburg
or a designated representative; and, (4)
the Coast Guard will provide advance
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Federal Register / Vol. 84, No. 194 / Monday, October 7, 2019 / Rules and Regulations
notification of the special local
regulation to the local maritime
community by Local Notice to Mariners
and/or Broadcast Notice to Mariners via
VHF radio on channel 16.
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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).
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D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it would not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
would not result in such expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
determination that this action is one of
a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
special local regulation issued in
conjunction with a regatta or marine
parade. It is categorically excluded from
further review under paragraph L61 in
Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures 5090.1.
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53315
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T07–0602 to read as
follows:
■
§ 100.T07–0602
Beach, FL.
Gulf of Mexico, Fort Myers
(a) Regulated area. The regulations in
this section apply to the following area:
All waters of the Gulf of Mexico west of
Fort Myers Beach contained within the
following points: 26°26′27″ N,
081°55′55″ W, thence to position
26°25′33″ N, longitude 081°56′34″ W,
thence to position 26°26′38″ N,
081°58′40″ W, thence to position
26°27′25″ N, 081°58′8″ W, thence back
to the original position 26°26′27″ N,
081°55′55″ W. All coordinates are North
American Datum 1983.
(b) Definitions. As used in this
section:
(1) Captain of the Port (COTP) St.
Petersburg means the Commander, U.S.
Coast Guard Sector St. Petersburg or any
Coast Guard commissioned, warrant or
petty officer who has been authorized
by the COTP to act on his behalf.
(2) Designated Representative means
Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty
officers, and other officers operating
Coast Guard vessels, and Federal, state,
and local officers designated by or
assisting the COTP St. Petersburg in the
enforcement of the regulated areas.
(3) Particpant means all persons and
vessels registered with the event
sponsor as a participant in the event.
(c) Regulations. (1) All nonparticipant persons and vessels are
prohibited from entering transiting
through, anchoring in, or remaining
within the race area described in
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Federal Register / Vol. 84, No. 194 / Monday, October 7, 2019 / Rules and Regulations
paragraph (a) of this section unless
authorized by the COTP St. Petersburg
or a designated representative.
(2) Designated representatives may
control vessel traffic throughout the
enforcement area as determined by the
prevailing conditions.
(3) Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated areas by contacting the COTP
St. Petersburg by telephone at (727)
824–7506, or a designated
representative via VHF radio on channel
16. If authorization is granted, all
persons and vessels receiving such
authorization must comply with the
instructions of the COTP St. Petersburg
or a designated representative.
(4) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners and/or Broadcast
Notice to Mariners.
(d) Enforcement period. This section
will be enforced daily from 9:30 a.m.
until 5:30 p.m., on October 10, 2019,
through October 12, 2019.
Dated: September 27, 2019.
Matthew A. Thompson
Captain, U.S. Coast Guard, Captain of the
Port Saint Petersburg.
[FR Doc. 2019–21527 Filed 10–4–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2018–0286; FRL–9999–57]
Cyromazine; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of cyromazine in
or on multiple commodities which are
identified and discussed later in this
document. The Interregional Research
Project Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
October 7, 2019. Objections and
requests for hearings must be received
on or before December 6, 2019, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2018–0286, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
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SUMMARY:
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04:48 Oct 05, 2019
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Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Publishing Office’s eCFR site at https://www.ecfr.gov/cgi-bin/
text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl. To access the
OCSPP test guidelines referenced in this
document electronically, please go to
https://www.epa.gov/aboutepa/aboutoffice-chemical-safety-and-pollutionprevention-ocspp and select ‘‘Test
Methods and Guidelines.’’
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
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objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2018–0286 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before
December 6, 2019. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2018–0286, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/where-sendcomments-epa-dockets. Additional
instructions on commenting or visiting
the docket, along with more information
about dockets generally, is available at
https://www.epa.gov/dockets.
II. Summary of Petitioned-For
Tolerance
In the Federal Register of July 24,
2018 (83 FR 34968) (FRL–9980–31),
EPA issued a document pursuant to
FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announcing the filing of a
pesticide petition (PP 8E8673) by The
Interregional Research Project Number 4
(IR–4), Rutgers, The State University of
New Jersey, 500 College Road East,
Suite 201 W, Princeton, NJ 08540. The
petition requested that 40 CFR 180.414
be amended by establishing tolerances
for residues of the insecticide
cyromazine, N-cyclopropyl-1,3,5triazine-2,4,6-triamine, in or on
Brassica, leafy greens, subgroup 4–16B
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]]>Agencies
[Federal Register Volume 84, Number 194 (Monday, October 7, 2019)]
[Rules and Regulations]
[Pages 53314-53316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21527]
[[Page 53314]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0602]
RIN 1625-AA08
Special Local Regulation; Gulf of Mexico, Fort Myers Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation (SLR) for certain waters of the Gulf of Mexico adjacent to
Fort Myers Beach, FL. This action is necessary to provide for the
safety of race participants, participant vessels, spectators, and the
general public on these navigable waters near Fort Myers Beach during
the Roar Offshore boat race. This SLR establishes an enforcement area
where all persons and vessels, except those persons and vessels
participating in the high speed boat race, are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area without obtaining permission from the Captain of the
Port St. Petersburg or a designated representative.
DATES: This rule is effective daily from 9:30 a.m. until 5:30 p.m., on
October 10, 2019 through October 12, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0602 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician First Class Michael
Shackleford, Sector St. Petersburg Prevention Department, Coast Guard;
telephone (813) 228-2191, email [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. There is insufficient time to publish an NPRM and
receive public comment as the Roar Offshore event will occur before the
rulemaking process can be reasonably completed. Because of the dangers
associated with high speed boat races, this regulation is necessary to
provide for the safety of event participants, spectators, and vessels
transiting the event area. For those reasons, it would be impracticable
to publish an NPRM.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because prompt action is needed to
ensure the safety of safety of race participants, participant vessels,
spectators, and the general public.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1231). The purpose of the rule is to
provide for the safety of life on navigable waters of the United States
during the Roar Offshore High Speed Boat Race.
IV. Discussion of the Rule
This rule establishes a special local regulation daily from 9:30
a.m. until 5:30 p.m., on October 10, 2019 through October 12, 2019. The
special local regulation would establish an enforcement area where
designated representatives may control vessel traffic as determined by
the prevailing conditions. The enforcement area would cover all
navigable waters in the Gulf of Mexico west of Fort Myers Beach inside
a rectangle commencing at latitude 26[deg]26'27'' N, 081[deg]55'55'' W,
thence to position 26[deg]25'33'' N, 081[deg]56'34'' W, thence to
position 26[deg]26'38'' N, 081[deg]58'40'' W, thence to position
26[deg]27'25'' N, 081[deg]58'8'' W, thence to the original position at
26[deg]26'27'' N, 081[deg]55'55'' W. These coordinates are based on
North American Datum 83 (NAD 83).
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the COTP St. Petersburg by telephone at (727) 824-7506, or a designated
representative via VHF radio on channel 16. If authorization to enter,
transit through, anchor in, or remain within the regulated area is
granted by the COTP St. Petersburg or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the COTP St. Petersburg or a designated representative.
The Coast Guard will provide notice of the special local regulation by
Local Notice to Mariners, Broadcast Notice to Mariners, and/or on-scene
designated representatives.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the following
reasons: (1) The special local regulation would be enforced in a small
designated area off of Fort Myers Beach for only eight hours on three
consecutive days; (2) although persons and vessels may not enter,
transit through, anchor in, or remain within the regulated area without
authorization from the COTP St. Petersburg or a designated
representative, they may operate in the surrounding area during the
enforcement period; (3) persons and vessels may still enter, transit
through, anchor in, or remain within the regulated area or anchor in
the spectator area, during the enforcement period if authorized by the
COTP St. Petersburg or a designated representative; and, (4) the Coast
Guard will provide advance
[[Page 53315]]
notification of the special local regulation to the local maritime
community by Local Notice to Mariners and/or Broadcast Notice to
Mariners via VHF radio on channel 16.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of federal
employees who enforce, or otherwise determine compliance with, federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Environmental Planning COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a determination that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. This rule involves a special local regulation issued
in conjunction with a regatta or marine parade. It is categorically
excluded from further review under paragraph L61 in Table 3-1 of U.S.
Coast Guard Environmental Planning Implementing Procedures 5090.1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T07-0602 to read as follows:
Sec. 100.T07-0602 Gulf of Mexico, Fort Myers Beach, FL.
(a) Regulated area. The regulations in this section apply to the
following area: All waters of the Gulf of Mexico west of Fort Myers
Beach contained within the following points: 26[deg]26'27'' N,
081[deg]55'55'' W, thence to position 26[deg]25'33'' N, longitude
081[deg]56'34'' W, thence to position 26[deg]26'38'' N, 081[deg]58'40''
W, thence to position 26[deg]27'25'' N, 081[deg]58'8'' W, thence back
to the original position 26[deg]26'27'' N, 081[deg]55'55'' W. All
coordinates are North American Datum 1983.
(b) Definitions. As used in this section:
(1) Captain of the Port (COTP) St. Petersburg means the Commander,
U.S. Coast Guard Sector St. Petersburg or any Coast Guard commissioned,
warrant or petty officer who has been authorized by the COTP to act on
his behalf.
(2) Designated Representative means Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty officers, and other officers
operating Coast Guard vessels, and Federal, state, and local officers
designated by or assisting the COTP St. Petersburg in the enforcement
of the regulated areas.
(3) Particpant means all persons and vessels registered with the
event sponsor as a participant in the event.
(c) Regulations. (1) All non-participant persons and vessels are
prohibited from entering transiting through, anchoring in, or remaining
within the race area described in
[[Page 53316]]
paragraph (a) of this section unless authorized by the COTP St.
Petersburg or a designated representative.
(2) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
(3) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated areas by contacting
the COTP St. Petersburg by telephone at (727) 824-7506, or a designated
representative via VHF radio on channel 16. If authorization is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the COTP St. Petersburg or a designated
representative.
(4) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners and/or Broadcast Notice to Mariners.
(d) Enforcement period. This section will be enforced daily from
9:30 a.m. until 5:30 p.m., on October 10, 2019, through October 12,
2019.
Dated: September 27, 2019.
Matthew A. Thompson
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2019-21527 Filed 10-4-19; 8:45 am]
BILLING CODE 9110-04-P
