Special Local Regulation; Gulf of Mexico; Sarasota, FL, 33122-33124 [2021-13479]
Download as PDF
<![CDATA[
33122
Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations
Country
Entity
*
*
*
*
*
*
*
BILLING CODE 3510–33–P
I. Table of Abbreviations
DEPARTMENT OF HOMELAND
SECURITY
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
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0339]
RIN 1625–AA08
Special Local Regulation; Gulf of
Mexico; Sarasota, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a special local regulation on
the waters of the Gulf of Mexico, in the
vicinity of Lido Beach, Florida, during
the Sarasota Powerboat Grand Prix.
Approximately 70 boats and jet skis,
traveling at speeds in excess of 100
miles per hour are expected to
participate. Additionally, it is
anticipated that 100 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 certain navigable
waters of the Gulf of Mexico, Lido
Beach, Florida during the event. The
special local regulation will establish an
enforcement area where all persons and
vessels, except those persons and
vessels participating in the high speed
boat races, are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
without obtaining permission from the
Captain of the Port St. Petersburg or a
designated representative.
DATES: This rule will be enforced daily
from 10 a.m. until 7 p.m., on June 25,
2021 through June 27, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0339 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
16:01 Jun 23, 2021
*
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:
[FR Doc. 2021–13395 Filed 6–23–21; 8:45 am]
VerDate Sep<11>2014
*
FOR FURTHER INFORMATION CONTACT:
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
ACTION:
License
review policy
License requirement
Jkt 253001
II. Background Information 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. This temporary rule
references a date change and a change
to the regulated area to an annual
recurring special local regulation that
already exists in 33 CFR 100.703, Table
1 to 100.703, Line 5. For this year, we
received the date changes and the
coordinate changes from the Sarasota
Powerboat Grand Prix/Powerboat P–1
USA, LLC with insufficient time to
publish an NPRM and receive public
comment on these changes, as the
Sarasota Powerboat Grand Prix event
will occur before the rulemaking
process would be completed. Because of
the dangers associated with high speed
boat races, the 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
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
Federal Register
citation
*
*
because immediate action is needed to
respond to the potential safety hazards
associated with Sarasota Grand Prix.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port St. Petersburg has
determined that potential hazards
associated with the race will be a danger
to anyone within the regulated area. The
purpose of the rule is to provide for the
safety of life on navigable waters of the
United States during the Sarasota
Powerboat Grand Prix.
IV. Discussion of the Rule
This rule establishes a special local
regulation that will encompass certain
waters of the Gulf of Mexico, Lido
Beach, Florida. The special local
regulation will be enforced daily from
10 a.m. to 7 p.m. on June 25, 2021
through June 27, 2021. The special local
regulation will establish an enforcement
area where all persons and vessels,
except those persons and vessels
participating in the high speed boat
races, are prohibited from entering,
transiting through, anchoring in, or
remaining within without obtaining
permission from the COTP 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 (COTP) 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 or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP or a designated representative.
The Coast Guard will provide notice of
the special local regulation by Local
Notice to Mariners and/or Broadcast
Notice to Mariners.
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.
E:\FR\FM\24JNR1.SGM
24JNR1
Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations
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.
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).
This regulatory action determination
is based on: (1) The special local
regulation will be enforced for eight
hours on three days; (2) although
persons and vessels may not enter,
transit through, anchor in, or remain
within the regulated area without
authorization from the COTP 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 if authorized by the
COTP or a designated representative;
and (4) the Coast Guard will provide
advance notification of the special local
regulation to the local maritime
community by Local Notice to Mariners
and/or Broadcast Notice to Mariners.
khammond on DSKJM1Z7X2PROD with RULES
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 will 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 call or email the
VerDate Sep<11>2014
16:01 Jun 23, 2021
Jkt 253001
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.
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
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
33123
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, 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
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
special local regulation issued in
conjunction with a regatta or marine
parade. It is categorically excluded from
further review under paragraph L61of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.T07–0339 to read as
follows:
■
§ 100.T07–0339 Special Local Regulations;
Sarasota Powerboat Grand Prix, Gulf of
Mexico; Lido Beach, FL.
(a) Location. The following regulated
area is a special local regulation: All
waters of the Gulf of Mexico contained
within the following points: 27°17′54″
N, 082°34′10″ W, thence to position
27°16′43″ N, 082°35′49″ W, thence to
position 27°18′51″ N, 082°38′06″ W,
thence to position 27°20′15″ N,
082°35′59″ W, thence back to the
E:\FR\FM\24JNR1.SGM
24JNR1
33124
Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations
original position, 27°17′54″ N,
082°34′10″ 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
COTP St. Petersburg in the enforcement
of the regulated areas.
(c) Regulations. (1) All nonparticipant persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the race area unless an
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 rule will
be enforced daily from 10 a.m. until 7
p.m.. on June 25, 2021 through June 27,
2021.
Dated: June 11, 2021.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the
Port St. Petersburg.
[FR Doc. 2021–13479 Filed 6–23–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0354]
khammond on DSKJM1Z7X2PROD with RULES
RIN 1625–AA00
Safety Zone; Ford Fireworks, Lake St.
Clair, Harrison Twp, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary safety zones for
SUMMARY:
VerDate Sep<11>2014
16:01 Jun 23, 2021
Jkt 253001
navigable waters in Detroit River and
Lake St. Clair, MI. The safety zones are
necessary to protect spectators and
vessels from potential hazards
associated with the Ford Fireworks
Display. Entry of vessels or persons into
the zones is prohibited unless
specifically authorized by the Captain of
the Port Detroit or their representative.
DATES: This rule is effective from 8 a.m.
on June 24, 2021 through 11:59 p.m. on
June 28, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0354 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 Ms. Tracy Girard, U.S. Coast
Guard; (313) 475–7475,
Tracy.M.Girard@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 Information 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 doing
so is impracticable since this safety zone
must be established by June 24, 2021
and the Coast Guard did not receive
notice of the event with sufficient time
to undergo notice and comment before
that date. Thus, delaying the effective
date of this rule to wait for a comment
period to run would be contrary to the
public interest and impracticable by
inhibiting the Coast Guard’s ability to
protect spectators and vessels from the
hazards associated with a fireworks
display with a potential blast zone.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the rule’s
objectives in ensuring that the potential
safety hazards associated with the Ford
Fireworks display are effectively
mitigated, and life and property on the
navigable waters in the vicinity are
protected.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Detroit (COTP) has
determined that potential hazards
associated with the Ford Fireworks
display starting June 24, 2021, will be a
safety concern during the loading,
transit, and execution of the Ford
Fireworks. This rule is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
within the safety zone while the work
is being completed.
IV. Discussion of the Rule
This rule establishes three safety
zones from 8 a.m. on June 24, 2021
through 11:59 p.m. June 28, 2021. In the
case of inclement weather on June 28,
2021, all three safety zones will be
enforced the subsequent day. The first
of the three safety zones is established
to encompass all U.S. navigable waters
of the Detroit River within a 1,300-foot
radius of fireworks loading site at
42°17.418′ N, 083°06.897′ W (WGS 84).
This first safety zone will be enforced
from 8 a.m. on June 24, 2021 through 8
a.m. on June 28, 2021. The second safety
zone is a 1,300-foot radius surrounding
each barge while transiting in U.S.
waters of the Detroit River from the
loading site to the fireworks launch site
on Lake St. Clair in the vicinity of the
beach at the Lake St. Clair Metro Park.
The second safety zone will be enforced
from 8 a.m. through 7 p.m. on June 28,
2021. A third safety zone is established
to encompass all U.S. navigable waters
of Lake St. Clair within a 1,300-foot
radius at the fireworks launch site in the
vicinity of the beach at Lake St. Clair
Metro Park. The third safety zone will
be enforced from 7 p.m. through 11:59
p.m. on June 28, 2021. The duration of
these safety zones is intended to protect
personel, vessels, and the marine
environment in these navigable waters
while fireworks are being prepared,
ignited, and after the display in the
event of unexploded fireworks. No
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
E:\FR\FM\24JNR1.SGM
24JNR1
]]>Agencies
[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33122-33124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13479]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0339]
RIN 1625-AA08
Special Local Regulation; Gulf of Mexico; Sarasota, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Gulf of Mexico, in the vicinity of Lido Beach,
Florida, during the Sarasota Powerboat Grand Prix. Approximately 70
boats and jet skis, traveling at speeds in excess of 100 miles per hour
are expected to participate. Additionally, it is anticipated that 100
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 certain navigable waters of the Gulf of Mexico, Lido Beach, Florida
during the event. The special local regulation will establish an
enforcement area where all persons and vessels, except those persons
and vessels participating in the high speed boat races, are prohibited
from entering, transiting through, anchoring in, or remaining within
the regulated area without obtaining permission from the Captain of the
Port St. Petersburg or a designated representative.
DATES: This rule will be enforced daily from 10 a.m. until 7 p.m., on
June 25, 2021 through June 27, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0339 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
Sec. Section
U.S.C. United States Code
II. Background Information 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. This temporary
rule references a date change and a change to the regulated area to an
annual recurring special local regulation that already exists in 33 CFR
100.703, Table 1 to 100.703, Line 5. For this year, we received the
date changes and the coordinate changes from the Sarasota Powerboat
Grand Prix/Powerboat P-1 USA, LLC with insufficient time to publish an
NPRM and receive public comment on these changes, as the Sarasota
Powerboat Grand Prix event will occur before the rulemaking process
would be completed. Because of the dangers associated with high speed
boat races, the 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 immediate action is needed to
respond to the potential safety hazards associated with Sarasota Grand
Prix.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port St. Petersburg has determined that
potential hazards associated with the race will be a danger to anyone
within the regulated area. The purpose of the rule is to provide for
the safety of life on navigable waters of the United States during the
Sarasota Powerboat Grand Prix.
IV. Discussion of the Rule
This rule establishes a special local regulation that will
encompass certain waters of the Gulf of Mexico, Lido Beach, Florida.
The special local regulation will be enforced daily from 10 a.m. to 7
p.m. on June 25, 2021 through June 27, 2021. The special local
regulation will establish an enforcement area where all persons and
vessels, except those persons and vessels participating in the high
speed boat races, are prohibited from entering, transiting through,
anchoring in, or remaining within without obtaining permission from the
COTP 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 (COTP) 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 or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the COTP or a designated
representative. The Coast Guard will provide notice of the special
local regulation by Local Notice to Mariners and/or Broadcast Notice to
Mariners.
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.
[[Page 33123]]
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. 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).
This regulatory action determination is based on: (1) The special
local regulation will be enforced for eight hours on three days; (2)
although persons and vessels may not enter, transit through, anchor in,
or remain within the regulated area without authorization from the COTP
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
if authorized by the COTP or a designated representative; and (4) the
Coast Guard will provide advance notification of the special local
regulation 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
will 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
call or email 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.
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 will 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, Rev. 1, associated implementing instructions, 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 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
special local regulation issued in conjunction with a regatta or marine
parade. It is categorically excluded from further review under
paragraph L61of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.T07-0339 to read as follows:
Sec. 100.T07-0339 Special Local Regulations; Sarasota Powerboat
Grand Prix, Gulf of Mexico; Lido Beach, FL.
(a) Location. The following regulated area is a special local
regulation: All waters of the Gulf of Mexico contained within the
following points: 27[deg]17'54'' N, 082[deg]34'10'' W, thence to
position 27[deg]16'43'' N, 082[deg]35'49'' W, thence to position
27[deg]18'51'' N, 082[deg]38'06'' W, thence to position 27[deg]20'15''
N, 082[deg]35'59'' W, thence back to the
[[Page 33124]]
original position, 27[deg]17'54'' N, 082[deg]34'10'' 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 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 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 rule will be enforced daily from 10
a.m. until 7 p.m.. on June 25, 2021 through June 27, 2021.
Dated: June 11, 2021.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2021-13479 Filed 6-23-21; 8:45 am]
BILLING CODE 9110-04-P
