Special Local Regulations; Miami Super Boat Grand Prix, Miami Beach, FL, 29642-29645 [2011-12376]
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29642
Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
jdjones on DSK8KYBLC1PROD with RULES
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
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Jkt 223001
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded 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 is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves implementation of regulations
within 33 CFR Part 100 applicable to
organized marine events on the
navigable waters of the United States
that could negatively impact the safety
of waterway users and shore side
activities in the event area. The category
of water activities includes but is not
limited to sail boat regattas, boat
parades, power boat racing, swimming
events, crew racing, canoe and sail
board racing. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
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:
■
latitude 39°12′16″ N, longitude
076°03′48″ W; thence to the point of
origin at latitude 39°12′27″ N, longitude
076°03′46″ W, located at Chestertown,
Maryland. All coordinates reference
Datum NAD 1983.
(b) Definitions: (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Baltimore.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Baltimore with a
commissioned, warrant, or petty officer
on board and displaying a Coast Guard
ensign.
(c) Special local regulations: (1)
Except for persons or vessels authorized
by the Coast Guard Patrol Commander,
no person or vessel may enter or remain
in the regulated area.
(2) The operator of any vessel in the
regulated area must:
(i) Stop the vessel immediately when
directed to do so by the Coast Guard
Patrol Commander or any Official
Patrol.
(ii) Proceed as directed by the Coast
Guard Patrol Commander or any Official
Patrol.
(d) Enforcement period: (1) This
section will be enforced from 10 a.m.
until 5 p.m. on May 28, 2011.
(2) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
Dated: May 4, 2011.
Mark P. O’Malley,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore, Maryland.
[FR Doc. 2011–12373 Filed 5–20–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Authority: 33 U.S.C. 1233.
2. Add a temporary section, § 100.35–
T05–0126, to read as follows:
33 CFR Part 100
§ 100.35–T05–0126 Special Local
Regulations for Marine Events; Chester
River, Chestertown, MD.
RIN 1625–AA08
■
(a) Regulated area. The following
locations are regulated areas: All waters
of the Chester River, within a line
connecting the following positions:
Latitude 39°12′27″ N, longitude
076°03′46″ W; thence to latitude
39°12′19″ N, longitude 076°03′53″ W;
thence to latitude 39°12′25″ N,
longitude 076°03′41″ W; thence to
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[Docket No. USCG–2011–0289]
Special Local Regulations; Miami
Super Boat Grand Prix, Miami Beach,
FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing special local regulations on
the waters of the Atlantic Ocean east of
SUMMARY:
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Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations
jdjones on DSK8KYBLC1PROD with RULES
Miami Beach, Florida during the Miami
Super Boat Grand Prix. The Miami
Super Boat Grand Prix will consist of a
series of high-speed boat races. The
event is scheduled to take place on
Sunday, June 5, 2011. These special
local regulations are necessary to
provide for the safety of life on
navigable waters during the high-speed
boat races. The special local regulations
will temporarily restrict vessel traffic in
an area east of Miami Beach. The special
local regulations will establish the
following two areas: A race area, where
all persons and vessels except those
persons and vessels participating in or
conducting the race are prohibited from
entering, transiting, anchoring, or
remaining; and a spectator area, where
all vessels are prohibited from
anchoring.
DATES: This rule is effective from 10
a.m. until 4 p.m. on June 5, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0289 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0289 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Lieutenant Paul A. Steiner,
Sector Miami Prevention Department,
Coast Guard; telephone 305–535–8724,
e-mail Paul.A.Steiner@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final 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 the
Coast Guard did not receive necessary
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information about the event with
sufficient time to publish an NPRM and
to receive public comments prior to the
event. Although this event occurs
annually, and special local regulations
for this event are in the Code of Federal
Regulations at 33 CFR 100.701, this year
the event host changed the date of the
event from the third weekend in April
to June 5, thereby rendering the special
local regulations set forth in 33 CFR
100.701 inapplicable for this year’s
event. Any delay in the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to minimize the potential danger
to the race participants, participant
vessels, spectators, and the general
boating public.
Background and Purpose
On June 5, 2011, Super Boat
International Productions, Inc. is
hosting the Miami Super Boat Grand
Prix, a series of high-speed boat races.
The event will be held on the waters of
the Atlantic Ocean east of Miami Beach,
Florida. Approximately 25 high-speed
power boats will be participating in the
races, and it is anticipated that at least
10 spectator vessels will be present in
the area during the races. The high
speed of the participant vessels poses a
safety hazard to race participants,
participant vessels, spectators, and the
general public. The special local
regulations are necessary to protect race
participants, participant vessels,
spectators, and the general public from
the hazards associated with the highspeed boat races.
Discussion of Rule
The special local regulations will be
enforced from 10 a.m. until 4 p.m. on
June 5, 2011 on the waters of the
Atlantic Ocean east of Miami Beach,
Florida during the Miami Super Boat
Grand Prix. The special local
regulations establish the following two
areas: (1) A race area, where all vessels
except those vessels participating in or
conducting the race are prohibited from
entering, transiting, anchoring, or
remaining unless authorized by the
Captain of the Port Miami; and (2) a
spectator area, where all vessels are
prohibited from anchoring. Persons and
vessels may request authorization to
enter, transit through, anchor in, or
remain within the race area by
contacting the Captain of the Port Miami
via telephone at 305–535–4472, or a
designated representative via VHF radio
on channel 16.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
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29643
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Executive Order 12866 and Executive
Order 13563
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
The economic impact of this rule is
not significant for the following reasons:
(1) The special local regulations will be
enforced for only six hours; (2) although
persons and vessels will not be able to
enter, transit through, anchor in, or
remain within the race area without
authorization from the Captain of the
Port Miami or a designated
representative, they may operate in the
surrounding area, including the
spectator area, while the special local
regulations are enforced; (3) persons and
vessels may still enter, transit through,
anchor in, or remain within the race
area if authorized by the Captain of the
Port Miami or a designated
representative; and (4) advance
notification will be made to the local
maritime community via Local Notice to
Mariners and Broadcast Notice to
Mariners.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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.
This rule may affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to enter, transit
through, anchor in, or remain within
that portion of the Atlantic Ocean
encompassed within the special local
regulations from 10 a.m. until 4 p.m. on
June 5, 2011. For the reasons discussed
in the Regulatory Planning and Review
section above, this rule will not have a
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Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations
significant economic impact on a
substantial number of small entities.
Interference with Constitutionally
Protected Property Rights.
Assistance for Small Entities
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
jdjones on DSK8KYBLC1PROD with RULES
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 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.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
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Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded 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 is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves special local regulations issued
in conjunction with a marine event.
Under figure 2–1, paragraph (34)(h), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
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:
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
■
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
(a) Regulated Area. The following
regulated areas are established as
special local regulations. All
coordinates are North American Datum
1983.
(1) Race Area. All waters of the
Atlantic Ocean east of Miami Beach, FL
encompassed within an imaginary line
connecting the following points: starting
at Point 1 in position 25°49′14″ N,
80°07′13″ W; thence east to Point 2 in
position 25°49′13″ N, 80°06′48″ W;
thence southwest to Point 3 in 25°46′00″
N, 80°07′26″ W; thence west to Point 4
in position 25°46′00″ N, 80°07′51″ W;
thence northeast back to origin. All
vessels except those vessels
participating in or conducting the race
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PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.T07–0289 to
read as follows:
■
§ 100.T07–0289 Special Local Regulations;
Miami Super Boat Grand Prix, Miami Beach,
FL.
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Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations
29645
jdjones on DSK8KYBLC1PROD with RULES
are prohibited from entering, transiting
through, anchoring in, or remaining
within the race area without
authorization from the Captain of the
Port Miami or a designated
representative.
(2) Spectator Area. All waters of the
Atlantic Ocean east of Miami Beach, FL
encompassed within an imaginary line
connecting the following points:
Starting at Point 1 in position 25°49′13″
N, 80°06′48″ W; thence east to Point 2
in position 25°49′14″ N, 80°06′42″ W;
thence southwest to Point 3 in 25°46′00″
N, 80°07′19″ W; thence west to Point 4
in position 25°46′00″ N, 80°07′26″ W;
thence northeast back to origin. All
vessels, including spectator vessels, are
prohibited from anchoring in the
spectator area. On-scene designated
representatives will direct spectator
vessels to the spectator area.
(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 Miami in the
enforcement of the regulated areas.
(c) Regulations.
(1) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the race area may contact
the Captain of the Port Miami by
telephone at 305–535–4472, or a
designated representative via VHF radio
on channel 16, to seek authorization. If
authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted by the Captain
of the Port Miami or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Miami or a
designated representative.
(2) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective Date. This rule is
effective from 10 a.m. until 4 p.m. on
June 5, 2011.
DEPARTMENT OF HOMELAND
SECURITY
rule. No public meeting was requested,
and none was held.
Coast Guard
Background and Purpose
The State of North Carolina
Department of Transportation awarded a
contract to Astron General Contracting
Company of Jacksonville, NC to perform
bridge maintenance on the US Highway
70 Fixed bridge crossing Newport River
at Morehead City, North Carolina. The
contract provides for cleaning, painting,
and steel repair to begin on June 1, 2011
and will be completed by July 31, 2011.
The contractor requires the main
channel in the vicinity of the bridge to
remain closed during mobilization on
June 30, 2011 from 10 a.m. to 4 p.m. The
Coast Guard will temporarily restrict
access to this section of Newport River
during the mobilization of the bridge
maintenance equipment.
Dated: April 22, 2011.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
Regulatory Information
[FR Doc. 2011–12376 Filed 5–20–11; 8:45 am]
BILLING CODE 9110–04–P
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33 CFR Part 165
[Docket No. USCG–2011–0184]
RIN 1625–AA00
Safety Zone, Newport River; Morehead
City, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone on the waters
of the Newport River under the main
span US 70/Morehead City—Newport
River high rise bridge in Carteret
County, NC. This safety zone is
necessary to provide for safety of life on
navigable waters during the
establishment of staging for bridge
maintenance. This rule will enhance the
safety of the contractors performing
maintenance as well as the safety of
vessels that plan to transit this area.
DATES: This rule is effective from 10
a.m. to 4 p.m. on June 30, 2011.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–0184 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0184 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail BOSN3 Joseph M.
Edge, Coast Guard Sector North
Carolina, Coast Guard; telephone 252–
247–4525, e-mail
Joseph.M.Edge@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
On April 5, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone, Newport River;
Morehead City, North Carolina in the
Federal Register (33 FR 165). We
received no comments on the proposed
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Discussion of Comments and Changes
There were no comments; no changes
were made.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
Although this regulation will restrict
access to the area, the effect of this rule
will not be significant because: (i) The
safety zone will be in effect for a limited
time, from 10 a.m. to 4 p.m., on June 30,
2011, (ii) the Coast Guard will give
advance notification via maritime
advisories so mariners can adjust their
plans accordingly, and (iii) although the
safety zone will apply to the section of
the Newport River in the immediate
vicinity of the US Highway 70 Fixed
bridge, vessel traffic may use alternate
waterways to transit safely around the
safety zone. All Coast Guard vessels
enforcing this regulated area can be
contacted on marine band radio VHF–
FM channel 16 (156.8 MHz).
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
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]]>Agencies
[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Rules and Regulations]
[Pages 29642-29645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12376]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0289]
RIN 1625-AA08
Special Local Regulations; Miami Super Boat Grand Prix, Miami
Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing special local regulations on
the waters of the Atlantic Ocean east of
[[Page 29643]]
Miami Beach, Florida during the Miami Super Boat Grand Prix. The Miami
Super Boat Grand Prix will consist of a series of high-speed boat
races. The event is scheduled to take place on Sunday, June 5, 2011.
These special local regulations are necessary to provide for the safety
of life on navigable waters during the high-speed boat races. The
special local regulations will temporarily restrict vessel traffic in
an area east of Miami Beach. The special local regulations will
establish the following two areas: A race area, where all persons and
vessels except those persons and vessels participating in or conducting
the race are prohibited from entering, transiting, anchoring, or
remaining; and a spectator area, where all vessels are prohibited from
anchoring.
DATES: This rule is effective from 10 a.m. until 4 p.m. on June 5,
2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0289 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0289 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Lieutenant Paul A. Steiner, Sector Miami Prevention
Department, Coast Guard; telephone 305-535-8724, e-mail
Paul.A.Steiner@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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 the Coast Guard did not receive
necessary information about the event with sufficient time to publish
an NPRM and to receive public comments prior to the event. Although
this event occurs annually, and special local regulations for this
event are in the Code of Federal Regulations at 33 CFR 100.701, this
year the event host changed the date of the event from the third
weekend in April to June 5, thereby rendering the special local
regulations set forth in 33 CFR 100.701 inapplicable for this year's
event. Any delay in the effective date of this rule would be contrary
to the public interest because immediate action is needed to minimize
the potential danger to the race participants, participant vessels,
spectators, and the general boating public.
Background and Purpose
On June 5, 2011, Super Boat International Productions, Inc. is
hosting the Miami Super Boat Grand Prix, a series of high-speed boat
races. The event will be held on the waters of the Atlantic Ocean east
of Miami Beach, Florida. Approximately 25 high-speed power boats will
be participating in the races, and it is anticipated that at least 10
spectator vessels will be present in the area during the races. The
high speed of the participant vessels poses a safety hazard to race
participants, participant vessels, spectators, and the general public.
The special local regulations are necessary to protect race
participants, participant vessels, spectators, and the general public
from the hazards associated with the high-speed boat races.
Discussion of Rule
The special local regulations will be enforced from 10 a.m. until 4
p.m. on June 5, 2011 on the waters of the Atlantic Ocean east of Miami
Beach, Florida during the Miami Super Boat Grand Prix. The special
local regulations establish the following two areas: (1) A race area,
where all vessels except those vessels participating in or conducting
the race are prohibited from entering, transiting, anchoring, or
remaining unless authorized by the Captain of the Port Miami; and (2) a
spectator area, where all vessels are prohibited from anchoring.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the race area by contacting the
Captain of the Port Miami via telephone at 305-535-4472, or a
designated representative via VHF radio on channel 16.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
The economic impact of this rule is not significant for the
following reasons: (1) The special local regulations will be enforced
for only six hours; (2) although persons and vessels will not be able
to enter, transit through, anchor in, or remain within the race area
without authorization from the Captain of the Port Miami or a
designated representative, they may operate in the surrounding area,
including the spectator area, while the special local regulations are
enforced; (3) persons and vessels may still enter, transit through,
anchor in, or remain within the race area if authorized by the Captain
of the Port Miami or a designated representative; and (4) advance
notification will be made to the local maritime community via Local
Notice to Mariners and Broadcast Notice to Mariners.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Atlantic Ocean encompassed within the special local regulations from 10
a.m. until 4 p.m. on June 5, 2011. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
[[Page 29644]]
significant economic impact on a substantial number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves special local regulations issued in
conjunction with a marine event. Under figure 2-1, paragraph (34)(h),
of the Instruction, an environmental analysis checklist and a
categorical exclusion determination are not required for this rule.
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: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.T07-0289 to read as follows:
Sec. 100.T07-0289 Special Local Regulations; Miami Super Boat Grand
Prix, Miami Beach, FL.
(a) Regulated Area. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
(1) Race Area. All waters of the Atlantic Ocean east of Miami
Beach, FL encompassed within an imaginary line connecting the following
points: starting at Point 1 in position 25[deg]49'14'' N,
80[deg]07'13'' W; thence east to Point 2 in position 25[deg]49'13'' N,
80[deg]06'48'' W; thence southwest to Point 3 in 25[deg]46'00'' N,
80[deg]07'26'' W; thence west to Point 4 in position 25[deg]46'00'' N,
80[deg]07'51'' W; thence northeast back to origin. All vessels except
those vessels participating in or conducting the race
[[Page 29645]]
are prohibited from entering, transiting through, anchoring in, or
remaining within the race area without authorization from the Captain
of the Port Miami or a designated representative.
(2) Spectator Area. All waters of the Atlantic Ocean east of Miami
Beach, FL encompassed within an imaginary line connecting the following
points: Starting at Point 1 in position 25[deg]49'13'' N,
80[deg]06'48'' W; thence east to Point 2 in position 25[deg]49'14'' N,
80[deg]06'42'' W; thence southwest to Point 3 in 25[deg]46'00'' N,
80[deg]07'19'' W; thence west to Point 4 in position 25[deg]46'00'' N,
80[deg]07'26'' W; thence northeast back to origin. All vessels,
including spectator vessels, are prohibited from anchoring in the
spectator area. On-scene designated representatives will direct
spectator vessels to the spectator area.
(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 Miami in the enforcement of the regulated areas.
(c) Regulations.
(1) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the race area may contact the Captain of the Port
Miami by telephone at 305-535-4472, or a designated representative via
VHF radio on channel 16, to seek authorization. If authorization to
enter, transit through, anchor in, or remain within the regulated area
is granted by the Captain of the Port Miami or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Miami or a
designated representative.
(2) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Effective Date. This rule is effective from 10 a.m. until 4
p.m. on June 5, 2011.
Dated: April 22, 2011.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2011-12376 Filed 5-20-11; 8:45 am]
BILLING CODE 9110-04-P
