Safety Zone; Firestone Grand Prix of St. Petersburg, St. Petersburg, Florida |
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Topics: Firestone Grand Prix of St. Petersburg
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H.L. Najarian
Department of Homeland Security
7 March 2019
[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]
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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.
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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 http://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]
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