[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Rules and Regulations]
[Pages 48302-48304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18639]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0431]
RIN 1625-AA08


Special Local Regulation; Tampa Bay, St. Petersburg, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for 
certain waters of Tampa Bay, St. Petersburg, 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 the St. Petersburg Pier during the St. Pete Powerboat Grand Prix 
boat race. This rule will establish 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 8 a.m. until 7 p.m. each day 
from September 3, 2021, through September 5, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0431 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, U.S. Coast Guard Sector St. Petersburg Prevention 
Department; telephone 813-228-2191, email 
<a href="/cdn-cgi/l/email-protection#1f52767c777e7a73315b314c777e7c74737a79706d7b5f6a6c7c7831727673"><span class="__cf_email__" data-cfemail="b1fcd8d2d9d0d4dd9ff59fe2d9d0d2daddd4d7dec3d5f1c4c2d2d69fdcd8dd">[email protected]</span></a>.

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. Immediate action 
is needed to protect persons and property from the potential safety 
hazards associated with the power boat race. The NPRM process would 
delay the establishment of the temporary special local regulation until 
after the date of the event and compromise public safety. We must 
establish this temporary special local regulation immediately and lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    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 contrary to the public interest because immediate 
action is needed to respond to the potential safety hazards associated 
with the power boat race.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Captain of the St. Petersburg (COTP) has determined that 
potential hazards associated with the St. Pete Powerboat Grand Prix, 
St. Petersburg, FL will be a safety concern for anyone within cetain 
waters adjacent to St. Petersburg Pier. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the regulated area during the event.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation daily 
from 8:00 a.m. until 7:00 p.m. each day from September 3, 2021, through 
Septenber 5, 2021. The temporary special local regulation will 
establish an enforcement area where designated representatives may 
control vessel traffic as determined by the prevailing conditions. The 
enforcement area will cover all navigable waters of Tampa Bay near the 
St. Petersburg Pier inside an area commencing at latitude 
27[deg]46'56'' N, 082[deg]36'56'' W, thence to position 27[deg]47'9'' 
N, 082[deg]34'33'' W, thence to position 27[deg]46'7'' N, 
082[deg]34'29'' W, thence to position 27[deg]45'59'' N, 082[deg]37'3'' 
W, thence to position 27[deg]46'24'' N, 082[deg]37'30'' W, thence back 
to the original position, 27[deg]46'56'' N, 082[deg]36'56'' W.
    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 temporary special local 
regulation by Local Notice to Mariners, Broadcast Notice to Mariners, 
and/or on-scene designated representatives.

[[Page 48303]]

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. 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 the following 
reasons: (1) The special local regulation would be enforced in a small 
designated area off of the St. Petersburg Pier for only eleven 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 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 during the 
enforcement period if authorized by the COTP St. Petersburg 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 the 
establishment of a temporary special local regulation related to 
organized marine events lasting 11 hours each day for a total of three 
days. It is categorically excluded from further review under paragraph 
L(61) of 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, Security measures, 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:


[[Page 48304]]


    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T07-0431 to read as follows:


Sec.  100.T07-0431  Special Local Regulations; St. Pete Powerboat Grand 
Prix, Tampa Bay; St. Petersburg, FL.

    (a) Location. The following regulated area is a special local 
regulation: All waters of Tampa Bay contained within the following 
points: 27[deg]46'56'' N, 082[deg]36'56'' W, thence to position 
27[deg]47'9'' N, 082[deg]34'33'' W, thence to position 27[deg]46'7'', 
N, 082[deg]34'29'' W, thence to position 27[deg]45'59'' N, 
082[deg]37'3'' W, thence to position 27[deg]46'24'', N, 082[deg]37'30'' 
W, thence back to the original position, 27[deg]46'56'' N, 
082[deg]36'56'' 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 8 
a.m. until 7 p.m., on September 3, 2021 through September 5, 2021.

    Dated: August 24, 2021.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2021-18639 Filed 8-27-21; 8:45 am]
BILLING CODE 9110-04-P


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