Special Local Regulations; Key West World Championship, Atlantic Ocean; Key West, FL, 68314-68317 [2011-28587]

Download as PDF 68314 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations Paperwork Reduction Act Executive Order 13175 The Department has determined that this rule will not have Tribal implications, will not impose substantial direct compliance costs on Indian Tribal governments, and will not pre-empt Tribal law. Accordingly, the requirements of Section 5 of Executive Order 13175 do not apply to this rule. Small Business Regulatory Enforcement Fairness Act of 1996 This amendment has been found not to be a major rule within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996. Executive Orders 12372 and 13132 This amendment will not have substantial direct effects 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. Therefore, in accordance with Executive Order 13132, it is determined that this amendment does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this amendment. Executive Orders 12866 The Department of State does not consider this rule to be a ‘‘significant regulatory action’’ under Executive Order 12866, section 3(f), Regulatory Planning and Review. The Department is of the opinion that controlling the import and export of defense articles and services is a foreign affairs function of the United States Government and that rules governing the conduct of this function are exempt from the requirements of Executive Order 12866. jlentini on DSK4TPTVN1PROD with RULES Executive Order 13563 The Department of State has considered this rule in light of Executive Order 13563, dated January 18, 2011, and affirms that this regulation is consistent with the guidance therein. Executive Order 12988 The Department of State has reviewed the amendment in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize VerDate Mar<15>2010 16:20 Nov 03, 2011 Jkt 226001 Dated: October 27, 2011. Ellen O. Tauscher, Under Secretary, Arms Control and International Security, Department of State. litigation, establish clear legal standards, and reduce burden. or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. This rule does not impose any new reporting or recordkeeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. chapter 35. [FR Doc. 2011–28544 Filed 11–3–11; 8:45 am] List of Subjects in 22 CFR Part 126 DEPARTMENT OF HOMELAND SECURITY Arms and munitions, Exports. Accordingly, for the reasons set forth above, title 22, chapter I, subchapter M, part 126, is amended as follows: BILLING CODE 4710–25–P Coast Guard 33 CFR Part 100 [Docket No. USCG–2011–0942] PART 126—GENERAL POLICIES AND PROVISIONS RIN 1625–AA08 1. The authority citation for part 126 continues to read as follows: Special Local Regulations; Key West World Championship, Atlantic Ocean; Key West, FL ■ Authority: Secs. 2, 38, 40, 42, and 71, Pub. L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2780, 2791 and 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp., p.79; 22 U.S.C. 2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, 1994 Comp., p.899; Sec. 1225, Pub. L. 108–375; Sec. 7089, Pub. L. 111–117. 2. Section 126.1 is amended by revising paragraph (k) to read as follows: ■ § 126.1 Prohibited exports and sales to certain countries. * * * * * (k) Libya. It is the policy of the United States to deny licenses or other approvals for exports or imports of defense articles and defense services destined for or originating in Libya, except that a license or other approval may be issued, on a case-by-case basis, for: (1) Arms and related materiel of all types, including technical assistance and training, intended solely for security or disarmament assistance to the Libyan authorities and notified in advance to the Committee of the Security Council concerning Libya and in the absence of a negative decision by the Committee within five working days of such a notification; (2) Small arms, light weapons, and related materiel temporarily exported to Libya for the sole use of UN personnel, representatives of the media, and humanitarian and development workers and associated personnel, notified in advance to the Committee of the Security Council concerning Libya and in the absence of a negative decision by the Committee within five working days of such a notification; or (3) Other sales or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee. * * * * * PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing special local regulations on the waters of the Atlantic Ocean located southwest of Key West, Florida during the Key West World Championship, a series of high-speed boat races. The event is scheduled to take place on Wednesday, November 9, 2011; Friday, November 11, 2011; and Sunday, November 13, 2011. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. The special local regulations will temporarily restrict vessel traffic in certain waters of the Atlantic Ocean. The special local regulations will establish the following four areas: A race area, where all persons and vessels, except those persons and vessels participating in the high-speed boat races, are prohibited from entering, transiting, anchoring, or remaining; a buffer zone around the race area, where all persons and vessels, except those persons and vessels enforcing the buffer zone, are prohibited from entering, transiting, anchoring, or remaining; and two spectator areas, where all vessels are prohibited from anchoring unless authorized by the Captain of the Port Key West or a designated representative. DATES: This rule is effective from 9 a.m. on November 9, 2011 through 5 p.m. on November 13, 2011. This rule will be enforced daily from 9 a.m. until 5 p.m. on November 9, 2011; November 11, 2011; and November 13, 2011. ADDRESSES: Documents indicated in this preamble as being available in the docket, are part of docket USCG–2011– 0942 and are available online by going to https://www.regulations.gov, inserting USCG–2011–0942 in the ‘‘Keyword’’ SUMMARY: E:\FR\FM\04NOR1.SGM 04NOR1 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations 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 final rule, call or email Marine Science Technician First Class William G. Winegar, Sector Key West Prevention Department, Coast Guard; telephone (305) 292–8809, email William.G.Winegar@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: jlentini on DSK4TPTVN1PROD with RULES 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 until October 4, 2011. As a result, the Coast Guard did not have sufficient time to publish an NPRM and to receive public comments prior to the event. Any delay in the effective date of this rule would be contrary to the public interest because immediate action is needed to minimize potential danger to the race participants, participant vessels, spectators, and the general public. For the same reason discussed above, 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. Basis and Purpose The legal basis for the rule is the Coast Guard’s authority to establish regulated navigation areas and other limited access areas: 33 U.S.C. 1231; 46 U.S.C. chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. VerDate Mar<15>2010 16:20 Nov 03, 2011 Jkt 226001 The purpose of the rule is to protect race participants, participant vessels, spectators, and the general public from the hazards associated with high-speed boat races. Discussion of Rule On November 9, 11, and 13, 2011, Super Boat International Productions, Inc. is hosting the Key West World Championship, a series of high-speed boat races. The event will be held on the waters of the Atlantic Ocean located southwest of Key West, Florida. Approximately 70 high-speed power boats will be participating in the races. It is anticipated that at least 100 spectator vessels will be present during the races. Although this event occurs annually, and special local regulations for this event are in the Code of Federal Regulations at 33 CFR 100.701, the Coast Guard has determined that additional safety measures are necessary in the special local regulations, including a buffer zone and two spectator areas. Therefore, the special local regulations set forth in 33 CFR 100.701 are inapplicable for this event. The special local regulations encompass certain waters of the Atlantic Ocean located southwest of Key West, Florida. The special local regulations will be enforced daily from 9 a.m. until 5 p.m. on November 9, 2011; November 11, 2011; and November 13, 2011. The special local regulations consist of the following four areas: (1) A race area, where all persons and vessels, except those persons and vessels participating in the high-speed boat races, are prohibited from entering, transiting, anchoring, or remaining; (2) a buffer zone around the race area, where all persons and vessels, except those persons and vessels enforcing the buffer zone, are prohibited from entering, transiting, anchoring, or remaining; and (3) two spectator areas, where all vessels are prohibited from anchoring unless authorized by the Captain of the Port Key West or a designated representative. Persons and vessels may request authorization to enter, transit through, anchor in, or remain within the race area, the buffer zone, or the spectator areas by contacting the Captain of the Port Key West by telephone at (305) 292–8727, or a designated representative via VHF radio on channel 16. If authorization to enter, transit through, anchor in, or remain within the race area, the buffer zone, or the spectator areas is granted by the Captain of the Port Key West or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Key West or a PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 68315 designated representative. The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. 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 Executive Orders 13563, Regulatory Planning and Review, and 12866, Improving Regulation and Regulatory Review, 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 (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a significant regulatory action section 6(a)(3) of that Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. The economic impact of this rule is not significant for the following reasons: (1) The special local regulations will only be in enforced for a total of 24 hours; (2) although persons and vessels will not be able to enter, transit through, anchor in, or remain within the race area and buffer zone, or anchor in the spectator areas, without authorization from the Captain of the Port Key West or a designated representative, they may operate in the surrounding area during the enforcement periods; (3) persons and vessels may still enter, transit through, anchor in, or remain within the race area and buffer zone, or anchor in the spectator areas, during the enforcement periods if authorized by the Captain of the Port Key West or a designated representative; and (4) the Coast Guard will provide advance notification of the special local regulations to the local maritime community by 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 E:\FR\FM\04NOR1.SGM 04NOR1 68316 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations 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 owner 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 9 a.m. until 5 p.m. on November 9, 2011 through November 13, 2011. For the reasons discussed in the Regulatory Planning and Review section above, this rule will not have a significant economic impact on a substantial number of small entities. determined that it does not have implications for federalism. 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. 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. jlentini on DSK4TPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:20 Nov 03, 2011 Jkt 226001 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 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. E:\FR\FM\04NOR1.SGM 04NOR1 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations 2. Add a temporary § 100.T07–0942 to read as follows: ■ jlentini on DSK4TPTVN1PROD with RULES § 100.T07–0942 Special Local Regulations; Key West World Championship, Atlantic Ocean; Key West, FL. (a) Regulated Areas. 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 located southwest of Key West encompassed within an imaginary line connecting the following points: Starting at Point 1 in position 24°32′08″ N, 81°50′19″ W; thence east to Point 2 in position 24°32′23″ N, 81°48′58″ W; thence northeast to Point 3 in position 24°33′14″ N, 81°48′47″ W; thence northeast to Point 4 in position 24°33′54″ N, 81°48′22″ W; thence west to Point 5 in position 24°33′54″ N, 81°48′25″ W; thence southwest back to origin. 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 race area. (2) Buffer Zone. All waters of the Atlantic Ocean located southwest of Key West encompassed within an imaginary line connecting the following points: Starting at Point 1 in position 24°33′26″ N, 81°49′02″ W; thence southwest to Point 2 in position 24°32′22″ N, 81°50′39″ W; thence south to Point 3 in position 24°31′53″ N, 81°50′39″ W; thence northeast to Point 4 in position 24°32′06″ N, 81°48′35″ W thence northwest to back to origin. All persons and vessels except those persons and vessels enforcing the buffer zone are prohibited from entering, transiting through, anchoring in, or remaining within the buffer zone. (3) Spectator Area 1. All waters of the Atlantic Ocean located southwest of Key West encompassed within an imaginary line connecting the following points: Starting at Point 1 in position 24°33′26″ N, 81°49′02″ W; thence northeast to Point 2 in position 24°33′36″ N, 81°48′49″ W; thence northwest to Point 3 in position 24°33′39″ N, 81°49′26″ W; thence southwest to Point 4 in position 24°33′24″ N, 81°49′28″ W; thence northeast back to origin. All vessels are prohibited from anchoring in spectator area 1. On-scene designated representatives will direct spectator vessels to spectator area 1. (4) Spectator Area 2. All waters of the Atlantic Ocean located southwest of Key West encompassed within an imaginary line connecting the following points: Starting at Point 1 in position 24°33′41″ N, 81°48′44″ W; thence northeast to VerDate Mar<15>2010 16:20 Nov 03, 2011 Jkt 226001 Point 2 in position 24°33′55″ N, 81°48′34″ W; thence southwest to Point 3 in position 24°33′52″ N, 81°48′42″ W; thence southwest back to origin. All vessels are prohibited from anchoring in spectator area 2. On-scene designated representatives will direct spectator vessels to spectator area 2. (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 Key West in the enforcement of the regulated areas. (c) Regulations. (1) Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated areas may contact the Captain of the Port Key West by telephone at (305) 292–8727, or a designated representative via VHF radio on channel 16, to seek authorization. If authorization to enter, transit through, anchor in, or remain within any of the regulated areas is granted by the Captain of the Port Key West or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Key West 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 and Enforcement Periods. This rule is effective from 9 a.m. on November 9, 2011 through 5 p.m. on November 13, 2011. This rule will be enforced daily from 9 a.m. until 5 p.m. on November 9, 2011; November 11, 2011; and November 13, 2011. Dated: October 18, 2011. Pat DeQuattro, Captain, U.S. Coast Guard, Captain of the Port Key West. [FR Doc. 2011–28587 Filed 11–3–11; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R08–OAR–2009–0556; FRL–9486–2] Approval and Promulgation of Air Quality Implementation Plans; North Dakota; Revisions to the Air Pollution Control Rules Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 68317 EPA is approving revisions to the North Dakota State Implementation Plan (SIP) that the Governor of North Dakota submitted with a letter dated April 6, 2009. The revisions affect North Dakota’s air pollution control rules regarding general provisions (including rules regarding shutdowns and malfunctions), ambient air quality standards, emissions of particulate matter, permitting, and fees. In addition, EPA is making administrative corrections to the regulatory text for North Dakota that will be codified in the Code of Federal Regulations; we made errors in the identification of plan table when we approved the North Dakota State Implementation Plan revisions for Interstate Transport of pollution, which the Governor also submitted on April 6, 2009. EPA proposed approval of these rules on May 5, 2011 and received no adverse comments. This action is being taken under section 110 of the Clean Air Act (CAA). DATES: This action is effective on December 5, 2011. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R08–OAR– 2009–0556. All documents in the docket are listed on the https:// www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https:// www.regulations.gov or in hard copy at EPA Region 8, Air Quality Planning Unit (8P–AR), 1595 Wynkoop Street, Denver, Colorado 80202. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, Mailcode 8P– AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129, (303) 312–7814, or ostendorf.jody@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Definitions For the purpose of this document, the following definitions apply: (i) The words or initials Act or CAA mean or refer to the Federal Clean Air E:\FR\FM\04NOR1.SGM 04NOR1

Agencies

[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Rules and Regulations]
[Pages 68314-68317]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28587]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0942]
RIN 1625-AA08


Special Local Regulations; Key West World Championship, Atlantic 
Ocean; Key West, 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 located southwest of Key West, Florida 
during the Key West World Championship, a series of high-speed boat 
races. The event is scheduled to take place on Wednesday, November 9, 
2011; Friday, November 11, 2011; and Sunday, November 13, 2011. These 
special local regulations are necessary to provide for the safety of 
life on navigable waters during the event. The special local 
regulations will temporarily restrict vessel traffic in certain waters 
of the Atlantic Ocean. The special local regulations will establish the 
following four areas: A race area, where all persons and vessels, 
except those persons and vessels participating in the high-speed boat 
races, are prohibited from entering, transiting, anchoring, or 
remaining; a buffer zone around the race area, where all persons and 
vessels, except those persons and vessels enforcing the buffer zone, 
are prohibited from entering, transiting, anchoring, or remaining; and 
two spectator areas, where all vessels are prohibited from anchoring 
unless authorized by the Captain of the Port Key West or a designated 
representative.

DATES: This rule is effective from 9 a.m. on November 9, 2011 through 5 
p.m. on November 13, 2011. This rule will be enforced daily from 9 a.m. 
until 5 p.m. on November 9, 2011; November 11, 2011; and November 13, 
2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket USCG-2011-0942 and are available online 
by going to https://www.regulations.gov, inserting USCG-2011-0942 in the 
``Keyword''

[[Page 68315]]

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 final rule, call or email Marine Science Technician First 
Class William G. Winegar, Sector Key West Prevention Department, Coast 
Guard; telephone (305) 292-8809, email William.G.Winegar@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 until October 4, 2011. As a 
result, the Coast Guard did not have sufficient time to publish an NPRM 
and to receive public comments prior to the event. Any delay in the 
effective date of this rule would be contrary to the public interest 
because immediate action is needed to minimize potential danger to the 
race participants, participant vessels, spectators, and the general 
public.
    For the same reason discussed above, 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.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 46 U.S.C. chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to protect race participants, 
participant vessels, spectators, and the general public from the 
hazards associated with high-speed boat races.

Discussion of Rule

    On November 9, 11, and 13, 2011, Super Boat International 
Productions, Inc. is hosting the Key West World Championship, a series 
of high-speed boat races. The event will be held on the waters of the 
Atlantic Ocean located southwest of Key West, Florida. Approximately 70 
high-speed power boats will be participating in the races. It is 
anticipated that at least 100 spectator vessels will be present during 
the races. Although this event occurs annually, and special local 
regulations for this event are in the Code of Federal Regulations at 33 
CFR 100.701, the Coast Guard has determined that additional safety 
measures are necessary in the special local regulations, including a 
buffer zone and two spectator areas. Therefore, the special local 
regulations set forth in 33 CFR 100.701 are inapplicable for this 
event.
    The special local regulations encompass certain waters of the 
Atlantic Ocean located southwest of Key West, Florida. The special 
local regulations will be enforced daily from 9 a.m. until 5 p.m. on 
November 9, 2011; November 11, 2011; and November 13, 2011. The special 
local regulations consist of the following four areas: (1) A race area, 
where all persons and vessels, except those persons and vessels 
participating in the high-speed boat races, are prohibited from 
entering, transiting, anchoring, or remaining; (2) a buffer zone around 
the race area, where all persons and vessels, except those persons and 
vessels enforcing the buffer zone, are prohibited from entering, 
transiting, anchoring, or remaining; and (3) two spectator areas, where 
all vessels are prohibited from anchoring unless authorized by the 
Captain of the Port Key West or a designated representative. Persons 
and vessels may request authorization to enter, transit through, anchor 
in, or remain within the race area, the buffer zone, or the spectator 
areas by contacting the Captain of the Port Key West by telephone at 
(305) 292-8727, or a designated representative via VHF radio on channel 
16. If authorization to enter, transit through, anchor in, or remain 
within the race area, the buffer zone, or the spectator areas is 
granted by the Captain of the Port Key West or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Key West 
or a designated representative. The Coast Guard will provide notice of 
the regulated area by Local Notice to Mariners, Broadcast Notice to 
Mariners, and on-scene designated representatives.

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

    Executive Orders 13563, Regulatory Planning and Review, and 12866, 
Improving Regulation and Regulatory Review, 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 (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a significant regulatory 
action section 6(a)(3) of that Executive Order 12866 or under section 1 
of Executive Order 13563. The Office of Management and Budget has not 
reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulations will only be in 
enforced for a total of 24 hours; (2) although persons and vessels will 
not be able to enter, transit through, anchor in, or remain within the 
race area and buffer zone, or anchor in the spectator areas, without 
authorization from the Captain of the Port Key West or a designated 
representative, they may operate in the surrounding area during the 
enforcement periods; (3) persons and vessels may still enter, transit 
through, anchor in, or remain within the race area and buffer zone, or 
anchor in the spectator areas, during the enforcement periods if 
authorized by the Captain of the Port Key West or a designated 
representative; and (4) the Coast Guard will provide advance 
notification of the special local regulations to the local maritime 
community by 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

[[Page 68316]]

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 owner 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 9 
a.m. until 5 p.m. on November 9, 2011 through November 13, 2011. For 
the reasons discussed in the Regulatory Planning and Review section 
above, this rule will not have a 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.


[[Page 68317]]



0
2. Add a temporary Sec.  100.T07-0942 to read as follows:


Sec.  100.T07-0942  Special Local Regulations; Key West World 
Championship, Atlantic Ocean; Key West, FL.

    (a) Regulated Areas. 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 located southwest 
of Key West encompassed within an imaginary line connecting the 
following points: Starting at Point 1 in position 24[deg]32'08'' N, 
81[deg]50'19'' W; thence east to Point 2 in position 24[deg]32'23'' N, 
81[deg]48'58'' W; thence northeast to Point 3 in position 
24[deg]33'14'' N, 81[deg]48'47'' W; thence northeast to Point 4 in 
position 24[deg]33'54'' N, 81[deg]48'22'' W; thence west to Point 5 in 
position 24[deg]33'54'' N, 81[deg]48'25'' W; thence southwest back to 
origin. 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 
race area.
    (2) Buffer Zone. All waters of the Atlantic Ocean located southwest 
of Key West encompassed within an imaginary line connecting the 
following points: Starting at Point 1 in position 24[deg]33'26'' N, 
81[deg]49'02'' W; thence southwest to Point 2 in position 
24[deg]32'22'' N, 81[deg]50'39'' W; thence south to Point 3 in position 
24[deg]31'53'' N, 81[deg]50'39'' W; thence northeast to Point 4 in 
position 24[deg]32'06'' N, 81[deg]48'35'' W thence northwest to back to 
origin. All persons and vessels except those persons and vessels 
enforcing the buffer zone are prohibited from entering, transiting 
through, anchoring in, or remaining within the buffer zone.
    (3) Spectator Area 1. All waters of the Atlantic Ocean located 
southwest of Key West encompassed within an imaginary line connecting 
the following points: Starting at Point 1 in position 24[deg]33'26'' N, 
81[deg]49'02'' W; thence northeast to Point 2 in position 
24[deg]33'36'' N, 81[deg]48'49'' W; thence northwest to Point 3 in 
position 24[deg]33'39'' N, 81[deg]49'26'' W; thence southwest to Point 
4 in position 24[deg]33'24'' N, 81[deg]49'28'' W; thence northeast back 
to origin. All vessels are prohibited from anchoring in spectator area 
1. On-scene designated representatives will direct spectator vessels to 
spectator area 1.
    (4) Spectator Area 2. All waters of the Atlantic Ocean located 
southwest of Key West encompassed within an imaginary line connecting 
the following points: Starting at Point 1 in position 24[deg]33'41'' N, 
81[deg]48'44'' W; thence northeast to Point 2 in position 
24[deg]33'55'' N, 81[deg]48'34'' W; thence southwest to Point 3 in 
position 24[deg]33'52'' N, 81[deg]48'42'' W; thence southwest back to 
origin. All vessels are prohibited from anchoring in spectator area 2. 
On-scene designated representatives will direct spectator vessels to 
spectator area 2.
    (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 Key West in the enforcement of the regulated areas.
    (c) Regulations.
    (1) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated areas may contact the Captain of the 
Port Key West by telephone at (305) 292-8727, or a designated 
representative via VHF radio on channel 16, to seek authorization. If 
authorization to enter, transit through, anchor in, or remain within 
any of the regulated areas is granted by the Captain of the Port Key 
West or a designated representative, all persons and vessels receiving 
such authorization must comply with the instructions of the Captain of 
the Port Key West 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 and Enforcement Periods. This rule is effective 
from 9 a.m. on November 9, 2011 through 5 p.m. on November 13, 2011. 
This rule will be enforced daily from 9 a.m. until 5 p.m. on November 
9, 2011; November 11, 2011; and November 13, 2011.

    Dated: October 18, 2011.
Pat DeQuattro,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2011-28587 Filed 11-3-11; 8:45 am]
BILLING CODE 9110-04-P